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Agenda 11-05-19 The City of 4, Boynton Beach City Commission Agenda Tuesday, November 5, 2019, 6:30 PM Intracoastal Park Clubhouse 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 Crystal Gibson, 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 1743 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 1743 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Invocation - Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announce that the November 19, 2019 City Commission Meeting has been cancelled. B. Announce the dates for "Read for the Record" event by John Durgan, Economic Development Specialist. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 49th Annual Holiday Parade and upcoming deadline for parade entries. D. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Calendar. E. Announcement by Aquatics Supervisor Crystal Quesada about SWIMENA, which will be held at the John Denson Pool on November 8, 6:30 PM to 8:00 PM. F. Announcement by Recreation & Parks Director Wally Majors about Oceanfront Bark, which will be held at Oceanfront Park on Saturday, November 23, from 9am- Noon. G. Announce the Solid Waste Division will be having Tire Amnesty Week for the City residents from December 2nd through December 6th, 2019. H. Presentation of an update on the Town Square project by Mark Hefferin, E21-, John Markey, JKM Developers and City staff. I. Motasem AI-Turk, Director, Traffic Division, Palm Beach County Engineering & Public Works Department will announce Palm Beach County's activation of phase 1 of the Flashing Yellow Arrow left turn traffic signals. J. The City's FY18/19 Budget Document has been awarded the Distinguished Budget Presentation Award by the Government Finance Officers Association. K. Presentation of a Citation to Sandra Raffaelli, President and founder of aZul For Better Living, Inc., recognizing her for providing creative design programs for individuals with disabilities. L. Proclaim the month of November as National Caregivers Month. Vontell Mills of Healthier Boynton Beach will accept the proclamation. M. Proclaim November 17-23, 2019 as National Hunger and Homeless Awareness Week. Shea Spencer, Chief Executive Officer with the Homeless Coalition of Palm Beach County, will accept the proclamation. Page 3 of 1743 N. Proclaim November 181h—241h 2019 as "Global Entrepreneurship Week" for the City of Boynton Beach. Connor Lynch, COO, Plastridge Insurance, will accept the proclamation. O. Proclaim December 1, 2019 as World AIDS Day. Helen C. Romanacce from the Florida Atlantic University Community Health Center, will accept the proclamation. P. Present Certificate of Completion to Commissioner Ty Penserga for completing the Advanced Institute for Elected Municipal Officials 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. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Young Men of Distinction, Inc. B. 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. R19-116- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R19-117- Approve Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City, which amends language in Article 8 and in Article 44 of the Collective Bargaining Agreement. C. PROPOSED RESOLUTION NO. R19-118- Authorizing Mayor Grant to sign the Florida Department of Environmental Protection (FDEP) Grant Agreement No. LBSP1 (Land-Based Sources of Pollution) for the implementation of three rain gardens and/or bio-swales demonstration projects, obligating federal and state funds for the amount of$70,000. The period of performance is upon execution through June 30, 2020. D. PROPOSED RESOLUTION NO. R19-119- Award RFP # 018-2413-19/IT and authorize the City Manager to enter into a three (3) year agreement with Parkmobile for Metered Parking for Oceanfront Park, Harvey E. Oyer Jr. Park and future locations that may require metered parking. E. PROPOSED RESOLUTION NO. R19-120- Approve the "Riverwalk Plaza" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. F. PROPOSED RESOLUTION NO. R19-121 - Authorize the City Manager or Police Chief Michael Gregory to sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement in the amount of$50,000 subject to the approval of the City Attorney for the Boynton Beach Impaired Driving Enforcement Program. G. PROPOSED RESOLUTION NO. R19-122 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 7th, for the 49th Annual Holiday Parade. H. PROPOSED RESOLUTION NO. R19-123- Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 49th Annual Holiday Parade on Saturday, December 7, 2019. Page 4 of 1743 I. PROPOSED RESOLUTION NO. R19-124-Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for the 49th Annual Holiday Parade to be held December 7, 2019. J. PROPOSED RESOLUTION NO. R19-125-Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Chase Bank for the 49th Annual Holiday Parade to be held December 7, 2019. K. PROPOSED RESOLUTION NO. R19-126- Approving and adopting the Local Mitigation Strategy (LMS) Plan 5-year update, titled LMS2020, allowing the City to continue to be eligible for mitigation funding from federal and state agencies. L. PROPOSED RESOLUTION NO. R19-127-Authorize the Mayor to sign the tri-party interlocal agreement between the Cities of Boca Raton, Delray Beach and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory (BPL) to pre-process DNA samples obtained by Boynton Beach Police Department pursuant to criminal investigations. M. PROPOSED RESOLUTION NO. R19-128- Authorize the City Manager to sign Master Lighting Service Agreement with FPL Energy Services, Inc. (FPLES) for lighting associated with the site improvements in Town Square. N. PROPOSED RESOLUTION NO. R19-129- Authorize the City Manager or Police Chief Michael Gregory to sign all documents associated with the acceptance and grant agreement for Florida Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud Grant Program subject to the approval of the City Attorney. O. PROPOSED RESOLUTION NO. R19-130- Authorize the City Manager to sign an Interlocal Agreement for a multi-jurisdictional Climate Change Vulnerability Assessment, and a Grant Agreement with the Florida Department of Environmental Protection for a Resilience Planning Grant of$75,000. P. PROPOSED RESOLUTION NO. R19-131 - Authorize the City Manager to sign amendment 3 to Task Order No. R13-063-09 to CH2M Hill for Boynton Beach Landfill Post-Closure Maintenance Assistance in the amount of $25,338. The current task order is $235,046.94, amendment 3 will increase the task order to $260,384.94. Q. PROPOSED RESOLUTION NO. R19-132- Approve and authorize the Mayor to sign a Promissory Note and Loan Agreement, First Amendment to Purchase and Development Agreement, Subordination Agreement, and any other agreements or related documents associated with the loan to Ocean Breeze East Apartments, LLC., securing the Local Government Contribution of$567,500. R. PROPOSED RESOLUTION NO. R19-133- Authorize the City Manager or Police Chief Michael Gregory to apply for, accept, and execute all grant documents, including the Grant Agreement, subject to the approval of the City Attorney. S. PROPOSED RESOLUTION NO. R19-134- Authorize the City Manager to enter into an agreement with W.W. Grainger utilizing the City of Tuscon Contract # 192163 with Omnia Partners for the purchase of hardware and safety supplies for an estimated annual expenditure of $70,000. Omnia Partners procurement process satisfies the City's competitive bid requirements. T. PROPOSED RESOLUTION NO. R19-135-Approve and authorize the City Manager to sign a contract with Transource Services Corp based on a piggy-back of a State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of Datrium ControlShift SaaS software from Transource Services Corp in the amount of$35,430.30. U. PROPOSED RESOLUTION NO. R19-136- Approve and authorize the City Manager to sign the Developer's Agreement with Knuckles, LLC for the granting of a ten (10) ft. public utilities easement along SE 23rd Avenue on the developer's property and a twenty (20) ft. by twenty (20) ft. public utilities easement located adjacent to SE 23rd Avenue on the southwest corner of Lot 5 of the developer's property for the City's construction of sanitary sewer and lift station improvements as required by the Conditions of Approval for the Taco Bell project located at 2319 Page 5 of 1743 Federal Highway. V. Declare forty-one (41) vehicles/equipment as surplus and approve the disposition of these items submitted by Fleet Maintenance Division using various means such as JJ Kane live auction, JJ Kane on-line auction, and GovDeals.com. W. Accept the written report to the Commission for purchases over $10,000 for the month of September 2019. X. Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the twelfth (12) month period ended September 30, 2019, Unaudited. Y. Accept fourth quarter and year end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 18/19. Z. Approve Award of Request for Qualifications (RFQ) No. 038-2821-19/TP as recommended by the Selection Committee and authorize staff to conduct negotiations with the recommended top ranked proposers to establish contracts in accordance with for General Consulting Services and as per Florida Statute 287.055, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). At completion of negotiations, contracts will be brought back to the Commission for approval. AA. Approve the minutes from City Commission meeting on October 15, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-137- Authorize the City Manager to accept the award and sign all documents associated with the EMW-2018-FO-000546, Assistance to Firefighters Grant (AFG) for FY 2018, through the U.S. Department of Homeland Security. The award is in the amount $481,165.45 which requires a 10% match of $48,116.55 by The City of Boynton Beach (for a total project budget of$529,282) B. PROPOSED RESOLUTION NO. R19-138- Authorize the Piggy-Back of the Palm Beach County Term Contract 18055A for the purchase and installation of fiber optic cabling between Rolling Green Tower and Fire Station #5 by Precision Contract Services in the amount of $300,000 and authorize the City Manager to sign applications for permitting the installation and a piggy-back contract. The City is allowed to purchase from Palm Beach County Term Contract. C. PROPOSED RESOLUTION NO. R19-139- Approve award of BID NO. 001-2511-20/EM for New Fencing, Repairs, and Gate Operators on a primary, secondary & third basis to the lowest, most responsive, responsible bidders who met all specifications to Martin Fence Co., Tropic Fence Inc., and Alpha Fence, respectively, with an estimated annual amount of $250,000 to be used on an "as needed basis". The initial term of the contract awarded shall be for two (2) years with three (3) additional one (1) year renewable periods. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 19-038 - SECOND READING - Approving BIRD Property Future Land Use Map amendment (LUAR 19-004) from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification. City-initiated. PROPOSED ORDINANCE NO. 19-039 - SECOND READING - Approving Bird Property Rezoning (LUAR 19-004)from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. Page 6 of 1743 9. CITY MANAGER'S REPORT A. Consider the recommendation from the Recreation & Parks Advisory Board concerning renaming Veterans Memorial Park in honor of Tom Kaiser. B. Reconsider the issuance of special event permits at Sara Sims Park. C. Discuss design and location of Community Greening's Urban Orchard for the Heart of Boynton. D. Presentation of staff's recommendations for the 2020 Entrepreneurship and Business Incubation Grant Program. E. Authorize the City Manager and City Attorney to negotiate a Purchase and Sale agreement with Pulte Group for vacant City-owned property know as the "Nickels Property". 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-140 - Approve and ratify the Collective Bargaining Agreement between the City and the Police Officers and Detectives unit of the Palm Beach County Police Benevolent Association (PBA). PROPOSED RESOLUTION NO. R19-141 - Approve and ratify the Collective Bargaining Agreement between the City and the Police Sergeants unit of the Palm Beach County Police Benevolent Association (PBA). 12. LEGAL A. PROPOSED ORDINANCE NO. 19-040 - FIRST READING - Approve proposed amendments to Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10- 23 & Section 10-24, Amending definitions and codes clarifying mandatory service charge to curtail illegal dumping. B. PROPOSED ORDINANCE NO. 19-041 - FIRST READING —Approving amendments to Part 11, Chapter 15. Offenses-Miscellaneous of the Code of Ordinances, and Chapter 1, Article 1. General Provisions and Chapter 3, Article 1. Overview of Part I I I of the Code of Ordinances (i.e. Land Development Regulations) declaring that when there is a conflict between measures of a Chronic Nuisance Corrective Action Plan and the Land Development Regulations, the measures of a Chronic Nuisance Corrective Action Plan shall prevail. C. PROPOSED ORDINANCE NO. 19-042 - FIRST READING - Approving the partial abandonment of three (3) separate platted utility easements within the Cortina PUD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, in Boynton Village and Town Center. Applicant: Henry Pino, ALTA Boynton LLC. D. PROPOSED ORDINANCE 19-037 - SECOND READING - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, "deferred retirement option plan" providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. (Tabled) E. PROPOSED RESOLUTION NO. R19-142- Consent to the termination of the Declaration of Protective Covenants of Quantum Park at Boynton Beach. F. PROPOSED RESOLUTION NO. R19-143- Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Habitat for Humanity of South Palm Beach County to convey three (3) vacant lots in the Heart of Boynton, subject to final approval by the City Attorney. Page 7 of 1743 13. FUTURE AGENDA ITEMS A. Commission to discuss a Legislative Priority List for the 2020 Legislative Session. Mat Forrest, city lobbyist, will be in attendance. - December 3, 2019. B. City Manager Annual Evaluation. - December 3, 2019 C. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 February 18, 2020 D. Commissioner Romelus has requested the City Commission consider approval of the attached resolution opposing offshore drilling including seismic air gun blasting. - To be determined. 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,ORACTWITY 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. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 8 of 1743 1.A. OPENING ITEMS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant Invocation - Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Ty Penserga 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 9 of 1743 2.A. OTHER 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 10 of 1743 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announce that the November 19, 2019 City Commission Meeting has been cancelled. 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 11 of 1743 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announce the dates for "Read for the Record" event by John Durgan, Economic Development Specialist. EXPLANATION OF REQUEST: It is that time of year again—the "Read for the Record" campaign is scheduled for Thursday, ove r 7, 2019 and the book is "Thank You, u!"by Oge Mora . Last year's campaign was a huge success! We recruited 45 readers and read o 1,644 students in the Boynton Beach area! We are looking forward to another successful campaign this year! 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 12 of 1743 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 49th Annual Holiday Parade and upcoming deadline for parade entries. EXPLANATION OF REQUEST: Our 49th Annual Holiday Parade will be making some noise in Downtown Boynton on Saturday, December 7th beginning at 4 pm on Federal Highway. We invite the public to attend. We are also seeking a variety of parade entries- everything from floats to cultural dancers to marching bands to unicycles, golf carts and wagons- all with an eye on creativity, fun, imagination, innovation, technology and of course, some holiday NOISE! The entry deadline is November 15 at 5 pm. We invite any and all organizations to participate. There is no entry fee. This year, the entry application form is available online at boynton-beach.org/parade. NEW this year— 10 award categories plus a coveted People's Choice Award and the Mayor's Award Traveling Trophy. Categories include: • Outstanding Musical Performance • Outstanding Use of Innovation and/or Technology • Outstanding Artistic Design • Outstanding Display of Fantasy and/or Imagination • Outstanding Depiction of Life in Boynton Beach • Outstanding Interpretation of the Theme ("Let's Make Some Noise") • Outstanding Display of Entertainment • Outstanding Display of Showmanship • Most Whimsical • Most Creative Following the Parade, the Light Up the Park event, produced by the Boynton Beach CRA, will be held at Dewey Park on the corner of Ocean Avenue and NE 4th Street. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Support services are provided by the City Departments such as Recreation, Public Works, Fire and Police Departments. FISCAL IMPACT: Budgeted The Holiday Parade is a budgeted item within the Marketing/Events Department budgets. ALTERNATIVES: Do not announce the 49th Annual Holiday Parade and upcoming deadline for parade entries. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding Page 13 of 1743 STRATEGIC PLAN APPLICATION: The Annual Holiday Parade will bring residents and visitors to the downtown area. The City's restaurants and businesses in the area will see increased business. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 14 of 1743 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Calendar. EXPLANATION OF REQUEST: With the City's Centennial right around the corner, the 2020 calendar will include vintage postcards of Boynton Beach. We're looking for community engagement from our residents, businesses, and visitors. The public is invited to submit historic postcards depicting landmarks, events, holidays, cars, restaurants, hotels, transportation methods, commerce, etc. for consideration in the City's 2020 Calendar. If selected for use in the Calendar, the submitted postcard's owner will receive a $100 award in celebration of our City's 100th year birthday. There is no entry fee, but there are rules: • One side must have an image • Other side must have a message written to the sender • The postcard must be stamped and mailed within the past 100 years All rules and submission requirements can be found on the City's website and postcards can be uploaded online at Boynton-Beach.org/2020Calendar. If the submitter needs assistance with scanning, our City Library archivist will assist- free of charge! The deadline to submit postcards is November 15th. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funding for the Calendar was included in the Marketing & Special Events budgets. ALTERNATIVES: Do not announce the City of Boynton Beach's 2020 Calendar details. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: I nviting the public to submit vintage postcards for inclusion in the 2020 Calendar is another method of civic engagement and a method of sharing the City's treasured history. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 15 of 1743 Is this a grant? Grant Amount: Page 16 of 1743 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announcement by Aquatics Supervisor Crystal Quesada about SW I MENA, which will be held at the John Denson Pool on November 8, 6:30 PM to 8:00 PM. EXPLANATION OF REQUEST: Combining two popular pastimes, the John Denson Pool is offering families the opportunity to laze around the pool while enjoying a movie. In partnership with the Police Department, the Recreation & Parks Department is very excited to offer this fun and unique event to our community. It's free for children 12 and under, $1 for 13-17, and $2 for 18 and older. Children 8 and under must be accompanied by someone 16 or older. Proper swim attire needed to be in the pool. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 17 of 1743 3.F. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about Oceanfront Bark, which will be held at Oceanfront Park on Saturday, November 23, from 9am- Noon. EXPLANATION OF REQUEST: The Recreation & Parks Department is invites dogs and their owners to Oceanfront Park for a Dog Paw-Ty. Parking fees will be waived until noon. Dogs must licensed and vaccinated. Water bowls will be provided. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Staff will be required to erect temporary fencing to maintain the dogs on the south side of the beach, while the north end will be used for public used. FISCAL IMPACT: Non-budgeted None, necessary supplies will be provided by sponsor or are in stock. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 18 of 1743 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Announce the Solid Waste Division will be having Tire Amnesty Week for the City residents from December 2nd through December 6th, 2019. EXPLANATION OF REQUEST: During that week, residents may place at the curb up to eight(8) car and/or passenger tires (with or without rims)for pickup. • Tires will be picked up on the scheduled bulk trash day • Tires must be placed at the edge of the road at least three (3)feet away from the garbage carts and any other fixtures, such as telephone poles, low-hanging wires, cars, and mailboxes, etc. • Tires must be separated from regular bulk trash and vegetation in order to be serviced properly and without delay. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday-Friday, 7:30 a.m. to 4:30 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 19 of 1743 3.H. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Presentation of an update on the Town Square project by Mark Hefferin, E2L, John Markey, JKM Developers and City staff. 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 Staff Report September Monthly Report Page 20 of 1743 Town Square Near completion of Ocean nderground utilities. �� Ave.. . � • • Paving 1St layer of asphalt at cultural center parking lot, and sections of NE 1St Ave, Ocean Ave, and Laneway behind DES. • Security install; cameras and "TattleTail" system linked to PD. • Next Month: Completion of remaining 1St lift of asphalt on Ocean Ave.,following fine grading. Installation of"D" curb, - sidewalk, and line painting. • Continued utility connections and FPL coordination. City Hall + Library • All tilt panels erected and installation of structural steel beams and columns nearly complete. • Mechanical, Electrical, and Plumbing (MEP) penetrations at all decks and first floor rough-in completed. ° - a • Placed and finished concrete on all elevated decks. si, • The window frame installation is well-underway. • Next Month: Completion of remaining roof sections at lower level. Complete caulking,fireproofing and interior framing and -- duct installation. Fire Station • Structural Steel, roof joists, and steel deck installed. • Masonry block is nearly finished, parapet soon to be complete. ,4h`L `- • Interior ductwork started with layout for framing. - • Forming of trench drains in the apparatus bay. • Next Month: Trench drain, apparatus bay and colonnade ? concrete pours. Interior framing to be delivered and installed. K -.y �t# Police Station • Manufacturer certification and final roof adjustments nearly complete. • Exterior architectural eyebrow feature is framed and receiving finishes. • Installation of metal studs and MEP rough on 1St and 2"d floors. • Exterior wall insulation is being installed. • HVAC duct work and insulation well underway and almost complete • Next Month: Final inspection of interior MEP rough- in to allow for sheet rock installation. Apartments I, 'q f,io - � i • Phasing and scheduling are under review. r_ � I a M � • Utility layout coordination and installation are on-going. ®1 • Next Month: South Apartment building Permit e submission expected. Continued coordination and scheduling, and North block phasing under review. M1 4 � _ __ a� REAL ESTATE _- Hotel • Coordination of turning lane permit application for site access. • Site continues to be used for storage of recycled crushed concrete, staging, parking and access for BBTS construction activity. • Scheduling and phasing under review for North Block. • Next Month: Continued permit follow-up for turning lane and building timeline with overall North block phasing. Cultural Civic Center mfr,,? • Temp. chiller and generator connected to cool building. tt< �� • Chiller pipe insulated to accommodate cooling. `' • Structural steel for the auditorium stage reviewed for stage use. • Placing tiles for suspended acoustical ceiling. • Next Month: Finalization of steel and placement of wood "_. decking at stage. HVAC unit commissioning, elevator installation, and finishes around windows. t District Energy Services • Electrical Panel and Equipement connections almost complete. . F i • Installation of in-line swing chiller for lower interim loads. • Generator exhaust and lug assemblies completed. • Caulking and exterior paint nearly complete. • Canopies and fixtures are installed. • Next Month: Finalization of roof detailing, sidewalks and startup procedures. North Garage • Site used for Fire Station and utility staging and parking. • Curb installation revised and installed per revised building footprint. t • Continued utility coordination and scheduling. Continued i detail design underway. • Next Month: Phasing and schedule for North Block under review. k i�Zzi �syY�1'�is r_ l � South Garage • Permit application reviewed and approved by City. " • Coordinating charging stations for electric vehicles. • Site used for casting beds, and tilt wall construction. _ • Next Month: Haskell to remove casting beds, and any stored materials, clearing site for survey layout and contractor mobilization on garage structure. rah �•°s�� 5i.. w, � REAL ESTATE p, S To Be Completed Schedule • Final infrastructure along Ocean Ave. and 1St • Design.—97%Complete. Amphitheater and layer of paving. owner request Detail Design in progress. • Storm system installation & 3 d Party Agency • Permits.—Public Buildings 100%Complete (Master Building Utility Coordination on-going. Permits). South Garage Permit approved. Remaining Private • Release of selected Signage and FFE packages Sector Buildings to be submitted. • Private sector buildings to be submitted for • Construction—City Hall Tilt Panels 100%completed and review and permitting. titled. City Hall, Police Station & Fire Station 1 are approximately 40%complete. Building Wealth Information Safety • Private sector participation to continue with • One Incident(no lost time) upcoming new buildings. • One Accident(one lost time)—Tilt-panel Subcontractor. • Tracking to be coordinated with City's Economic • OSHA continuing regular site visits with on-site team Development Department. members. • Next Month: Coordination with private sector • 100%Compliance. Continued safety committee contractors as new buildings start-up. meetings and Pre-con. t e City Staff and the project team were Topping-Out of City Hall! Steel erectors signing the beam. all thrilled to be part of the Topping- Officially October 2"°2019 Out ceremony. 'OEM ��,�� r t r y _ �t 1.11110' i � � r Aerial view of Topping-Out Final panels @ City Hall are up and Stamped Concrete @ The ceremony. have formed the outdoor porte- Children's Museum is now in cochere area. place. ` Yui E2L s a �u REALESTATE P 3 3.1. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: MotasemAl-Turk, Director, Traffic Division, Palm Beach County Engineering & Public Works Department will announce Palm Beach County's activation of phase 1 of the Flashing Yellow Arrow left turn traffic signals. EXPLANATION OF REQUEST: Palm Beach County will be activating the first phase of the Flashing Yellow Arrow (FYA) left turn traffic signals at 8 traffic signalized intersections along and in the vicinity of Congress Avenue between Golf Rd. and Gateway Blvd. Although the FYA traffic signal has been used nationwide for over 10 years, including in over 100 locations in Florida, the FYA traffic signal is new to Palm Beach County. The FYA signal indication will replace the traditional solid circular green indication for the following two left- turn signal types: 1- "Permissive Only" where only a solid circular green indication is displayed and motorists must always yield to oncoming traffic and pedestrians before completing the left turn; and, 2- "Protected/Permissive" which is comprised of two parts, a "protected" left-turn phase initiated by a green arrow signal indication where oncoming traffic must stop and it is safe to turn left, followed by a "permissive" part during which a solid circular green signal is displayed and left turning traffic must yield to oncoming traffic. During the FYA display, left turning drivers must yield to oncoming traffic and / or pedestrians in the crosswalk. National research has shown that, after a short learning period, FYA is more easily understood by motorists and that it helps improve the safety at signalized intersections for motorists and pedestrians. The FYA also offers motorists more opportunities to make left-turns which helps reduce wait times and allows for additional traffic signal timing options to enhance traffic signal synchronization. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: City could request that the County exempt the City's lights from the Flashing Yellow Arrow. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 24 of 1743 Is this a grant? Grant Amount: Page 25 of 1743 3.J. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: The City's FY18/19 Budget Document has been awarded the Distinguished Budget Presentation Award by the Government Finance Officers Association. EXPLANATION OF REQUEST: The City submitted its FY18/19 Budget Document to the Government Finance Officers Association to be reviewed for their Distinguished Budget Award Program. Each budget document submitted is evaluated separately by three (3) reviewers. Each reviewer rates the document in regard to 27 specific criteria grouped into four basic categories. Each reviewer then gives an overall rating for each category. In order to receive the award a document must be rated proficient or outstanding by at least two of the reviewers in all four categories, as well as for 14 of the 27 specific criteria identified. Any state or local government in the United States can participate in the program. For budgets beginning in 2018, 1,344 participants received the award. The award represents a significant achievement for the City. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the City's budget document had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the City's budget serves as: • A policy document • A financial plan • An operations guide • A communications device Budget documents must be rated "proficient" in all four categories, and the fourteen mandatory criteria within those categories, to receive the award. This was achieved through great effort by Anthony Davidson, Budget Manager and all of the finance staff that assisted throughout the budget process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: None STRATEGIC PLAN: Page 26 of 1743 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum FY 2018-19 Distinguished Budget Award Page 27 of 1743 GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO City of Boynton Beach Florida For the Fiscal Year Beginning October 1, 2018 Executive Director Page 28 of 1743 3.K. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Presentation of a Citation to Sandra Raffaelli, President and founder of aZul For Better Living, Inc., recognizing her for providing creative design programs for individuals with disabilities. EXPLANATION OF REQUEST: Sandra Raffaelli is the President and founder of aZul for Better Living, Inc., a nonprofit organization dedicated to improving the quality of life of residents with intellectual and development disabilities through industrial design, fashion and the arts. Developmental disabilities affect the lives of many people throughout our community and causes many to be isolated, unable to work or experience self-made success. Sandra is determined to continue to bring apprentices and caregivers together to participate in programs focus on family empowerment, workforce skill development, teamwork and rehabilitation featuring various artistic techniques. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Sandra is a member of the City's Inclusion Support Team. Through aZul for Better Living, Inc. young adults from our community are able to participate in alternative art programs as a post secondary education to adults with disabilities and their caregivers and/or families. Her efforts improve the quality of life for many Boynton Beach residents and the surrounding populations, helps strengthen our community and spreads hope to those in need. FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 29 of 1743 ATTACHMENTS: Type Description D Other Oitaition Page 30 of 1743 r Citation WHEREAS, Sandra Raffaelli is the President and founder of azul for Better Living, Inc., a nonprofit organization dedicated to improving the quality of life of residents with intellectual and developmental disabilities through industrial design,fashion and the arts;and WHEREAS, developmental disabilities affect the lives of many people throughout our community and causes many to be isolated,unable to work or experience self-made success;and WHEREAS,Sandra is determined to continue to bring apprentices and caregivers together to participate in programs focus on family empowerment, workforce skill development, teamwork and rehabilitation featuring various artistic techniques;and WHEREAS, Sandra's involvement on the City's Inclusion Support Team improves the quality of life for many Boynton Beach residents and the surrounding populations, helps strengthen our community and spreads hope to those in need: NOW, THEREFORE, BE IT RESOLVED, that I, Steven B. Grant, Mayor of Boynton Beach, Florida, celebrates Sandra Raffaelli and do hereby proclaim Wednesday,November 6,2019,as: §andra Raf f adz i Vag In the Gitg of I3ognton IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 5,h day of November,Two Thousand and Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.L. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim the month of November as National Caregivers Month. Vontell Mills of Healthier Boynton Beach will accept the proclamation. EXPLANATION OF REQUEST: There are over 43 million adult and over 1.3 million youth family caregivers in the United States are the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer. It is important to recognize the many contributions of family caregivers and encourage our communities, health providers, employers, and others to support their invaluable efforts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Do not proclaim the month of November as National Caregivers Month. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 32 of 1743 qe` n A w 6 6 e-)ewA, proelambition WHEREAS,family caregivers greatly improve the quality of life for their loved ones,spending an average of 20 hours per week providing care,with many caring for their loved ones around the clock,and WHEREAS,over 43 million adult and over 1.3 million youth family caregivers in the United States are the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care,thus enabling their loved ones to stay in the home longer;and WHEREAS,family caregivers promote a culture of support; demonstrate the importance of family,and strive to value the various stages of life for loved ones;and WHEREAS,family caregivers are there as full partners in the care of their loved ones in various settings. Patients may have more than one doctor;nurses change shifts;prescriptions may be filled at different pharmacies,but,family caregivers are the constant advocates and support;and WHEREAS,although family caregiving can be a rewarding experience,it often comes with consequences such as increased risk for health issues from chronic stress,less time to take care of self,fewer social relationships,reduced hours of employment and increased demands on financial resources;and WHEREAS, family caregivers deserve to be acknowledged and appreciated for the compassionate care they provide in countless situations across our communities,and WHEREAS,it is important to recognize the many contributions of family caregivers and encourage our communities,health providers,employers,and others to support their invaluable efforts; 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 November 2019 as: National Gar�zgiv�zrB Month IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 5th day of November,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.M. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim November 17-23, 2019 as National Hunger and Homeless Awareness Week. Shea Spencer, Chief Executive Officer with the Homeless Coalition of Palm Beach County, will accept the proclamation. EXPLANATION OF REQUEST: For 30 years the Homeless Coalition has been the voice for the homeless advocating for their rights and a place they can call home. The Coalition has been a strong leader within the community by recommending policy changes to improve services for the homeless. It also identifies homeless strategies that can produce results, and gets the message out to the community for prompt rapid action. The Coalition's Policy and Legislative Committee brings issues forward and offers solutions. The Coalition constantly monitors national, state and local legislation and news to distribute information through the Coalition's communication network including the website and Social Media. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to Proclaim November 17-23, 2019, as National Hunger and Homeless Awareness Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 34 of 1743 ATTACHMENTS: Type Description D Proclamation Proclamation Page 35 of 1743 r Proclamation WHEREAS, people from all walks of life,including families with children, employed and unemployed workers, elderly residents,veterans, disabled individuals,youth,and individuals are impacted by hunger and homelessness,and; WHEREAS,the purpose of the proclamation is to educate the public about the many reasons people are hungry and homeless including the shortage of affordable housing in Palm Beach County for very low income residents;and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations,and WHEREAS,the theme of National Hunger and Homelessness Awareness Week 2019 is focused on bringing America home by eliminating barriers to accessing essential services,such as affordable housing, affordable health care, child care, education, and the costs of basic necessities that often contribute to hunger,food insecurity,and people experiencing homelessness on any given night in Palm Beach County, and; WHEREAS,the intent of Hunger and Homelessness Awareness Week is consistent with the activities of the Homeless Advisory Board, Homeless Coalition, Homeless and Housing Alliance, Palm Beach County Food Bank,The Lords Place,Gulfstream Goodwill Industries,Adopt A Family,and other service providers in Palm Beach County. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim November 17-23 of Two Thousand Nineteen as: Hunger and Homelessness Awareness Week IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 5,h day of November,Two Thousand Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.N. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim November 181h —24th 2019 as "Global Entrepreneurship Week" for the City of Boynton Beach. Connor Lynch, COO, Plastridge Insurance, will accept the proclamation. EXPLANATION OF REQUEST: N/A HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: The City of Boynton Beach is encouraging more innovation, more jobs and a stronger economic ecosystem by encouraging the development of entrepreneurs through grants, incubator and coworking space,and networking opportunities CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Global Entrepreneurship Week Proclamation Page 37 of 1743 proelamention WHEREAS, Global Entrepreneurship Week is a celebration of innovators who dream big and launch startups that bring ideas to life,and WHEREAS, each November, Global Entrepreneurship Week reaches millions of people through local, national and global events and activities,and WHEREAS,Global Entrepreneurship Week connects participants to a network of nascent entrepreneurs,and WHEREAS,entrepreneurs advance innovation,create jobs,and build wealth,and WHEREAS,the City of Boynton Beach is encouraging more innovation,more jobs and a stronger economic ecosystem by encouraging the development of entrepreneurs through grants, incubator and coworking space, and networking opportunities,and WHEREAS,we are partnering with the Palm Beach County Business Development Board and other Palm Beach County Municipalities and Businesses to support an Entrepreneurship Luncheon on Thursday, November 14,2019,from 11 am to 1:15 pm,at the Kravis Center,701 Okeechobee Boulevard,West Palm Beach Florida,and WHEREAS, during this week we encourage youth as well as all residents throughout Boynton Beach to explore innovative ways in which entrepreneurship education can bring together the core academic, technical and problem- solving skills essential for the success of our City's future entrepreneurs;and, WHEREAS, the Boynton Beach City Commission encourages connecting education to economic growth industries, recognizing that entrepreneurship and small business creation are the growth engines of any economy; NOW,THEREFORE,I,Steven Grant,Mayor of Boynton Beach do hereby proclaim November 18-24,2019 as: entr�zpr�zn�zumhip Wszszk in tbognton 7aeh. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach,Florida,the 5,h day of November,Two Thousand and Nineteen. Steven B.Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.0. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Proclaim December 1, 2019 as World AIDS Day. Helen C. Romanacce from the Florida Atlantic University Community Health Center, will accept the proclamation. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 39 of 1743 proclamation WHEREAS,world-wide an estimated 36.9 million people are living with HIV,and an estimated 1.8 million new infections occur each year,or about 5,000 new infections every day;and WHEREAS,world-wide 25%of people infected don't know their status and only 59%of persons who are living with HIV (PLWH)are currently accessing life-saving antiretroviral therapy(ART);and WHEREAS, the global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV;and WHEREAS,the Joint United Nations Program on HIV/AIDS (UNAIDS)observes December 1 of each year as"World AIDS Day",and leads and inspires the world to achieve its shared vision of zero new HIV infections,zero discrimination and zero AIDS-related deaths;and WHEREAS,the 90-90-90 ambitious global plan to help end the AIDS epidemic has set its targets for 2020,that 90%of all PLWH will know their HIV status,90%of all people with diagnosed HIV will receive sustained ART,and 90%of all people receiving ART will have viral suppression;and WHEREAS,in Palm Beach County more than 8,500 persons are living with HIV and about 1 new infection occurs every day, and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council,through its partners are working together to renew HIV/AIDS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on World AIDS Day. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida,do hereby proclaim the First day of December,Two Thousand Nineteen as: World -0Ifl,§ Vbg and urge all residents of the City of Boynton Beach to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge and urge residents to join the global effort to prevent further spread of HIV/AIDS. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach,Florida,the 5th day of November,Two Thousand and Nineteen. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.P. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Present Certificate of Completion to Commissioner Ty Penserga for completing the Advanced Institute for Elected Municipal Officials EXPLANATION OF REQUEST: Commissioner Penserga successfully completed a two-day intense workshop provided by the League of Cities University which provides advanced curriculum in elected leadership including: • Effective Council Techniques • Decision-Making Models and Media Relations • Growth Management in Florida • Advocacy and lobbying with FLC officers and board members • Advanced Revenue and Finances for Cities • Building Your City's Team: Personnel and Labor Issues Attendance at the Advanced Institute is indicative of a continued commitment to improving the quality of municipal government in Florida and a commitment to serving the citizens of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 41 of 1743 5.A. ADMINISTRATIVE 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to Young Men of Distinction, Inc. EXPLANATION OF REQUEST: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Young Men of Distinction, Inc. The funding will be used in the 2019-2020 program year for hosting conferences, workshops and expansion of the program throughout Palm Beach County. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Community Support Funds of$2,000 for each Commission member were approved in the 2019/2020 budget. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 42 of 1743 R15-055 EXHIBIT "Alp COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request(to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: fhawar Gle'VeA 9. Amount Requested: $ abo-40 Recipient/Payee: ® Description of project, program, or activity to be funded- adLaa2a iMn mi & Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is $*M___. Accordingly: There are funds available as requested 11 There are insufficient funds available as requested d Dated: IgM gal I By: 61&A I I f City Clerk Part Ill-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit U The recipient/payee provides services within the City u, The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the it Commission SAMWIP\COMMUNITY INVESTMENT FUNDS�Communo.Support—Funs—Policy.2015.doc Page 43 of 1743 5.B. ADMINISTRATIVE 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: N/A ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Appointments and Applicants for November 5, 2019 D Addendum Bionta, Marsha D Addendum Frederick, Charles Page 44 of 1743 APPOINTMENTS AND APPLICANTS FOR NOVEMBER 5, 2019 Arts Commission III Romelus Reg 2 yr term to 12/20 (Tabled 3) Applicants: None Building Board of Adjustments and Appeals II McCray Reg 2 yr term to 12/20 (Tabled 2) III Romelus Alt 2 yr term to 12/20 IV Penserga Alt 2 yr term to 12/19 Applicants: None Education and Youth Advisory Board IV Penserga STU NV 2 yr term to 12/19 (Tabled 3) II McCray STU 2 yr term to 12/19 Applicants: None Historic Resources Preservation Board II McCray Alt 2 yr term to 12/20 (Tabled 2) Applicants: None Library Board IV Penserga Alt 2 yr term to 12/20 (Tabled 3) Mayor Grant Reg 2 yr term to 12/19 (Tabled 2) Applicants: None Recreation and Parks Board II McCray Alt 2 yr term to 12/19 Applicants: Marsha Bionta Charles Frederick Page 45 of 1743 Senior Advisory Board I Katz Alt 2 yr term to 12/20 11 McCray Reg 2 yr term to 12/20 III Romelus Reg 2 yr term to 12/19 Applicants: None Page 46 of 1743 Ellis, Sha la 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 occupatin 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 on a City board? Have you served on a City yes 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. � e Page 47 of 1743 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: httrs:/fwww.boynton-beach ornt boards-and-committees Form Host: httns f,Iwww.123formbuilder.comlform-583214!Advisory-Board-ApL)( intment-A lication 2 Page 48 of 1743 8 sp Ellis, Sha la From: cfreerick <noreply@123formbuilder.io> Sent: Sunday, November 04, 2018 4:44 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/04/2018 Name Charles Frederick Gender Male Phone number 561-702-3219 Address 1413 north seacrest Blvd Boynton Beach Fl 33435 United States Email cfreerick@yahoo.com Current occupation or, if Teacher retired, prior occupation Education Bachelors :I- Are you a registered voter? Yes a Do you reside within the M° � ,. Boynton Beach City limits? Yes wy ' Do you own/manage a business within City limits? No If"yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past? . If"yes",which board(s) and when? �r Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Recreation&Parks Board Personal Qualifications I am currently a youth football coach in the area. I often use the facilities &parks in the community to train &workout with kids. Willing to do the work to learn&be apart of the process to better the community. Professional Memberships i Page 49 of 1743 Feel free to attach/upload an 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 107.77.216.93(United States)at 2018-11-04 16:43:46 on Whone 12.0 Entry ID:297 Referrer:www.boy nton-beach.or-,boards-and-committees Form Host:www.123formbuilder.com/form-583214/Advisorv-Boqrd-Appointment-Application 2 Page 50 of 1743 6.A. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-116-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 51 of 1743 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Nuisance Abatement D Exhibit Exhibit A Page 52 of 1743 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\ED44DB1F-F04E-4D1D-9A4A-786FF80E4BB0\Boynton Beach.18883.1.Nuisance Abatement for 110519 - Reso.docx Page 53 of 1743 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 Crystal Gibson, MMC 78 City Clerk 79 80 81 (Corporate Seal) 82 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\ED44DB1F-F04E-4D1D-9A4A-786FF80E4BB0\Boynton Beach.18883.1.Nuisance Abatement for 110519 - Reso.docx Page 54 of 1743 Ms O O O O O OQ�M OQ O)O OO m m co.m co m7co co7m co m co;co fA fA K3 fA K3 fA74t3 fA K3 fA7K3 CO fA fA7K3'.... mN CO:Nm NM�0)O)NO V N s Og In In ui In v vjv.lnV cj�n Vln lnV Ff �nvornoo,CO: � coomo� o 0 0 o co m7�.o v rn;o rn �7rn (�r rV N N7N N N7r N V7N' m U mi m o > > > o >m 7aio m7m > > ;> L o m Eco m Q m m r r m r colco N z�zzz ,zz,bcnczzw;z NO�.COO>�0000 N7V O Vr O OO N N bm O O H O 07N N I�rjr O O 70 0 0 0 0 0 070 O,m r r O;O b70'' O O O O O OO O O OO OO OO'. V I��N O Vjr 1�7r NjN VjV h-7V'.. r c:6 CO cc6 ; N N N.O N C N N N N N N C N mA mV7VV•V�7V V•V V7V'... 7 m m7A m m m7m V V�.V V V7V V,V�7VV7V V7V'.... O O O O O 070 O,O 070 O,O b70''. c LL LL m LL J m J J m m. J J L J U. LLl 7 N. (6 J7J 7L. U LL m U U7N. O U u-r n J. 0 m mgm -9 . N CO N N N7 N -X X NiNLD m O.m1 mj m o;o H HIm,CO. LIQ _ (6 (6 (6 (6 (6(6 O O J Ojd a 0�j0 O O 070. 0 G (6 E 'L G N7(6 Ul Ul C ' 0 0 0 O 070 O O 070 O O 070 Q m m a-m mjZ Z,[o m9co LS mj[0'.. F of >7 w ;o o m 0 70 0 m m o;o > > o U �7 . i Y 0 0 m a 6- N N 0 1 L J L v gT Tg w r;T U U . d� mE SSLLEEo- rr j d �_� h a s o o 29� m Z J.z Z Z; Z Lu J J wgZ O �� COO M CO I�Nj� CO 070�rA N7V. 7 7: 7H H 7 it E 73 ;U U, 7m m E, ;m m 7r U ;nU J 7 E o; O r 7J J �j 0- 7 N. N u9 > Q ,C w G w 7Q Q E; O c t >>�>>n UUP; _ p 0: m 7>:> JJw7 O U m iZ Z �j C N N N ` U i0 O NN 07 S Y O N,N 4j O 0 I o o � o O ;_ �........ E (6 (6 5 J 6.B. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-117- Approve Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City, which amends language in Article 8 and in Article 44 of the Collective Bargaining Agreement. EXPLANATION OF REQUEST: The IAFF Union filed a grievance (#2019-002) regarding the selection and payment of light duty hours in connection with a Workers' Compensation claim. The City and the Union agreed to modify language within the existing Collective Bargaining Agreement(as stated in the attached MOU) in order to provide more clarity of the process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Amend Article 44, Section 44.1 Modified Work/Light Duty Assignments (Workers' Compensation) to clarify process, including selection of light duty schedules and payment in compliance with the Fair Labor Standards Act(FLSA)for light duty hours associated with a Workers' Compensation claim. Amend Article 8, to add Section 8.3 to clarify payment when placed on a forty (40) hour reduced work week schedule to accomplish special projects or special assignments. FISCAL IMPACT: Budgeted Payment of hours is budgeted in the Fire Rescue Department's salary budget line item. ALTERNATIVES: 1. Do not approve and maintain status quo. This option would likely result in advancing the grievance to Arbitration for a ruling on the existing language. Arbitration is an expensive alternative process to resolving the issues to which the Union and the City were able to collectively agree. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 56 of 1743 ATTACHMENTS: Type Description D Resolution Resolution ratifying MOO with IAF F for Art 8 and 44 D Addendum MOO ® IAFF D Letter IAF F MOO ratification letter Page 57 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND RATIFYING A 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, 8 LOCAL 1891 (IAFF) WHICH AMENDS LANGUAGE IN 9 ARTICLE 8 AND IN ARTICLE 44 OF THE COLLECTIVE 10 BARGAINING AGREEMENT FOR THE PERIOD OF 11 OCTOBER 1,2019 THROUGH SEPTEMBER 30,2021;AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach and the International Association of 15 Firefighters, Local 1891 entered into a Collective Bargaining Agreement for the term October 16 1, 2018 to September 30, 2021; and 17 WHEREAS, the IAFF Union filed a grievance (#2019-002)regarding the selection 18 and payment of light duty hours in connection with a Workers' Compensation claim and the 19 City and the Union agreed to modify language within the existing Collective Bargaining 20 Agreement in order to provide more clarity of the process; and 21 WHEREAS, Article 44, Section 44.1 Modified Work/Light Duty Assignments 22 (Workers' Compensation) is amended to clarify process, including selection of light duty 23 schedules and payment in compliance with the Fair Labor Standards Act(FLSA)for light duty 24 hours associated with a Workers' Compensation claim; and 25 WHEREAS, Article 8, is amended to add Section 8.3 to clarify payment when placed 26 on a forty (40) hour reduced work week schedule to accomplish special projects or special 27 assignments; and 28 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 29 best interests of the residents and citizens of the City to ratify the Memorandum of 30 Understanding with the IAFF. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D5DD4BOC-67AO-437E-9617-83OA8DFDD79F\Boynton Beach.18736.1.Approving_MOU_With_IAFF_Art_8 44_-_Reso.Docx Page 58 of 1743 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 34 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 35 ratified and confirmed by the City Commission. 36 Section 2. The City Commission of the City of Boynton Beach, Florida does 37 hereby ratify the Memorandum of Understanding between the City of Boynton Beach and the 38 International Association of Firefighters, Local 1891 amending language in Articles 8 and 44 39 for the Collective Bargaining Agreement during the period of October 1, 2018 through 40 September 30, 2021, a copy of said Memorandum of Understanding is attached hereto as 41 Exhibit "A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this day of November, 2019. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz 51 52 Commissioner—Mack McCray 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Ty Penserga 57 58 VOTE 59 ATTEST: 60 61 62 63 Crystal Gibson, MMC 64 City Clerk 65 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\D5DD4BOC-67AO-437E-9617-83OA8DFDD79F\Boynton Beach.18736.1.Approving_MOU_With_IAFF_Art_8 44_-_Reso.Docx Page 59 of 1743 MEMORANDUM OF UNDERSTANDING (Settling Grievance and Amending Collective Bargaining Agreement) by and between BOYNTON BEACH ASSOCIATION OF FIREFIGHTERS, LOCAL 1891, IAFF and the CITY OF BOYNTON BEACH WHEREAS, the Boynton Beach Association of Firefighters, Local 1891, lAFF (Local 1891), and the City of Boynton Beach(City) desire to resolve all issues related to the grievance filed by Local 1891 grieving the City's decision to change the work hours and workweek for employees on restricted duty(Workweek Grievance); and WHEREAS, Local 1891 and the City have reached an agreement resolving all issues relating to the Workweek Grievance which has the effect of amending the parties Collective Bargaining Agreement.; IT IS THEREFORE AGREED by and between Local 1891 and the City as follows: 1. Any employee who, since the City changed the workweek for a restricted duty employee from forty (40) hours per week to forty eight (48) hours per week, was required to utilize vacation or sick leave to make up the difference between hours worked and hours paid in order to preserve a normal forty eight (48) hour per week(ninety six (96) hour total)paycheck shall have any such hours deducted from his or her bank restored to his or her bank by the end of the first full pay cycle beginning on or after the date of execution of this Memorandum of Understanding; 2. Any employee placed on such restricted duty in connection with a Workers' Compensation claim shall report to the Fire Administration's Deputy Chief of Administration for their daily assignments. While on such restricted duty, the employee's rate of pay shall not be adjusted; however, the City will provide up to eight (8) hours of straight time pay in each workweek so that employees working a forty(40)hour schedule have the opportunity to maintain forty-eight (48)hours of pay in each workweek.; 3. Employees in the bargaining unit represented by Local 1891 who are placed on restricted duty in connection with a Workers' Compensation claim and are, accordingly, temporarily unable to discharge their duties as a regular shift employee, but are otherwise able to work a"full-time" schedule, shall be placed on a forty(40) hour workweek. Employees,prior to the start of their restricted duty must select one of the schedules below and maintain that schedule for the duration of their restricted duty (unless their Workers' Compensation provider indicates a required reduction in working hours): 100331213.1306-9001821) Page 60 of 1743 (a) Five(5), eight(8)hour days (Monday through Friday). (i) Workers' Compensation claims: 40 hours+ 8 hours of WC Code. OR (b) Two (2), twenty (20) hour days (Monday and Thursday of each week from 1130 hours to 0730 hours each week); (i) Workers' Compensation claims: 20 hours+4 hours of WC Code, each shift. 4. Article 8 —Hours of Work of the Collective Bargaining Agreement is amended to add a new Section 8.3 as follows: 8_3 Employees assigned by the Fire Chief(or Designee)on a temporary basis to an alternate schedule in order to accomplish special projects or special assignments,maybe placed on a forty(40)hour workweek;however, in this case, the employee must use Comp time or Vacation Leave to supplement their weekly regular earnings. 5. This Memorandum of Understanding resolves all issues and/or claims, asserted or not, relating to and/or arising out of the Workweek Grievance (City Grievance #2019-002) and that, on ratification by the City Commission and the Bargaining Unit Members, such grievance shall be considered settled in all respects and regards. Signatur - AFF Local 1891 { Signature—City Manager 10/15/2019 Date Ratified by IAFF Local 1891 Date Ratified by City Commission 100331213.1 306-9001821} Page 61 of 1743 j-0 CA L n 1891 BOYNTON BEACH FIREFIGHTERS & PARAMEDICS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891 October 15, 2019 Julie Oldbury Director of Human Resources Mrs. Oldbury, I'm pleased to announce our membership has officially APPROVED the Memorandum Of Understanding agreement between Boynton Beach Firefighters and Paramedics , IAFF 1891 and The City of Boynton Beach. On behalf of our members, we thank you for your time and dedication to resolution and look forward to the City's ratification. Respectfully, President, Local 1891, Shawn Weeks 3501 N Congress Ave, Boynton Beach, Fl. 33436 561-281-1682 President(a,IAFF1891.com Page 62 of 1743 6.C. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-118-Authorizing Mayor Grant to sign the Florida Department of Environmental Protection (FDEP) Grant Agreement No. LBSP1 (Land-Based Sources of Pollution) for the implementation of three rain gardens and/or bio-swales demonstration projects, obligating federal and state funds for the amount of $70,000. The period of performance is upon execution through June 30, 2020. EXPLANATION OF REQUEST: The Florida Department of Environmental Protection (FDEP) provides grants through the Coral Reef Conservation Program (CRCP)for demonstration projects leading to the protection of the Southeast Florida Coral Reef Environmental Conservation Area (ECA). These projects could serve as examples of Low-Impact Development and Green Infrastructure (LI D/GI) that can be implemented in areas of high urban development throughout Southeast Florida. FDEP is entering into partnerships with local city and county authorities for implementation. The City has been selected to receive a grant for the implementation of three rain gardens and/or bio-swales demonstration projects. The goal is to develop and implement projects within the Boynton Inlet Contributing Areas (ICA) that reduce land-based sources of pollution and the associated impacts to offshore coral reef ecosystems within the Southeast Florida Coral Reef Environmental Conservation Area (ECA) region. Working in partnership with the FDEP Coral Reef Conservation Program, the City will use in-house resources as well as various contractors and/or consultants to construct rain gardens and/or bio-swales at following three proposed locations: East Water Treatment Plant, Harvey E. Oyer Jr. Park and the Schoolhouse Children's Museum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? On September 5, 2019, the City Commission passed Ordinance#19-027 requiring new development and redevelopment projects to implement green site and building practices beyond the City's existing code requirements. Implementation of these three rain gardens and bio-swales will provide improved water quality to support the City's stormwater best management practices (BMP) program. Additionally, these projects could serve as examples of Low-Impact Development and Green Infrastructure (LID/GI) that can be implemented in urban areas throughout the City. FISCAL IMPACT: Florida Department of Environmental Protection (FDEP) Coral Reef Conservation Program (CRCP) provides a cost reimbursement grant (50,000 federal and $20,000 state). The total project cost is anticipated to be $70,000.00. Funding for the project is available in the Utilities C I P budget. ALTERNATIVES: Not approve the Grant award described in Agreement No. LBSP1 and either pay for the entire project out of Utilities funds or cancel the project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 63 of 1743 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $70,000.00 ATTACHMENTS: Type Description D Agreement Contract to be signed D Exhibit Terms and Conditions D Exhibit Special Terms and Conditions D Exhibit sow D Exhibit Public Records Requirement D Exhibit Audit Requirements D Exhibit Contract Provisions Page 64 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: LBSP 20&23(Phase Il)-Demonstration Projects LBSPI 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: City of Boynton Beach Entity Type:Local Government Grantee Address:PO Box 310, Boynton Beach, Florida 33425 FEID: 59-6000282 (Grantee) 3. Agreement Begin Date: Date of Expiration: 9/1/2019 6/30/2020 4. Project Number:N/A Project Location(s): 124 EWoolbright Rd;100NE 1st Ave;2010N Federal Hwy (If different f om Agreement Number) Boynton Beach,FL 33435 Project Description:Construction of several Green Infrastructure/Low-Impact Development projects will be completed in the City of Boynton Beach order to demonstrate local examples of how to reduce land-based sources of pollution that reach coastal and marine ecosystems in Southeast Florida. 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): $70,000.00 ❑ State ZFederal C5013 $50,000.00 Z State ❑Federal C5014 $20,000.00 ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: $70,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Alycia Shatters Name: Angela A.Prymas or successor or successor Address: Biscayne Bay Environmental Center Address: 124 East Woolbright Road 1277 NE 79th St. Boynton Beach,FL 33435 Miami,FL 33138 Phone: 305-795-1204 Phone: 561-742-6421 Email: alycia.shatters@floridadep.gov Email: PrymasA@bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements Z Attachment 2: Special Terms and Conditions V Attachment 3: Grant Work Plan 0 Attachment 4:Public Records Requirements Z Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements Z Attachment 7: C5013 Grant Award Terms(Federal)*Copy available athttps://facts.fldfs.com,in accordance with§215.985,F.S. 0 Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): Z Exhibit A:Progress Report Form ❑ Exhibit B: Property Reporting Form V Exhibit C:Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. LBSP1 Rev.6/20/18 Page 65 of 1743 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): NA17NOS4820032 Federal Award Date to Department. 7/1/17 Total Federal Funds Obligated by this Agreement: $50,000.00 Federal Awarding Agency: NOAA Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is later. City of Boynton Beach GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Joanna Walczak,Program Administrator Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. LBSP1 Rev.6/20/18 Page 66 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev.6/19/2019 Page 67 of 1743 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third parry; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev.6/19/2019 Page 68 of 1743 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: haps://www.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference_Guide_For State_Expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Pa,ments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvfloridacfo.coliVDivisiort/AA/Vendors/default.htm. j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification.Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev.6/19/2019 Page 69 of 1743 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4 of 11 Rev.6/19/2019 Page 70 of 1743 period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for Attachment 1 5of11 Rev.6/19/2019 Page 71 of 1743 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title ll of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice Attachment 1 6of11 Rev.6/19/2019 Page 72 of 1743 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Attachment 1 7of11 Rev.6/19/2019 Page 73 of 1743 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submitbids,proposals,orreplies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev.6/19/2019 Page 74 of 1743 b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of. (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.mvflorida.coli/librarv-arcliives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: haps:A\apps.fldfs.com\fsaa. Attachment 1 9of11 Rev.6/19/2019 Page 75 of 1743 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products Attachment 1 10 of 11 Rev.6/19/2019 Page 76 of 1743 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 ii of ii Rev.6/19/2019 Page 77 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.s.1 r e ni rel \'o. ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is LB SP 20/23 (Phase II)—Demonstration Projects. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a fixed price Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. ❑ ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev.7/11/19 Page 78 of 1743 Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Comprehensive General Liability Insurance. The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be$200,000 for each person and$300,000 per occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440,F.S. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Nona. Any lerrt2s crc%lec/here rn7usl be a[.y)r avec/by the Office ot'Gener al t'rrun el. Attachment 2 2of2 Rev.7/11/19 Page 79 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: LBSP1 ATTACHMENT 3 PROJECT TITLE: LBSP 20/23 Phase II: Demonstration Projects PROJECT LOCATION: The City of Boynton Beach Known as"America's Gateway to the Gulfstream,"is a 16.5 square-mile coastal community in southeastern Palm Beach County, Florida. Refer to Figure 1. The City spans four miles of the Intracoastal Waterway and one of the four ocean inlets along the Palm Beach County's 47-mile shoreline.The City lies within close proximity to three major international airports and three major seaports. The average annual precipitation in Boynton Beach is approximately 61.33 inches (155 cm). Boynton Beach is the third largest city in Palm Beach County,with an estimated 2018 population of 76,756. The City has 253 acres of municipal parks, beach and conservation lands; and a full-service marina, and waterfront restaurants. The City and Community Redevelopment Agency host outdoor events year-round, including Pirate Fest and an International Kinetic Art Exhibit and Symposium. The City is undergoing a period of economic development, with increasing housing prices and numerous mixed-use projects underway, including the 16-acre Town Square Boynton Beach. The following sites have been proposed for this project, all within the City of Boynton Beach, in Palm Beach County, Florida. See Figures 2, 3, 4 and 5 for location maps and site plans. 1. East Water Treatment Plant 124 East Woolbright Road Boynton Beach, FL 33435 26030'51.8"N/ 80003'44.5"W 2. Harvey E. Oyer Jr. Park 2010 North Federal Highway Boynton Beach, FL 33435 26032'48.1"N/ 80003'21.5"W 3. Old School House &Museum 100 NE IST AVE Boynton Beach, FL 33435 26°31'38.85"N/ 80003'46.67"W 4. Mangrove Walk* Parcel Control Number: 08-43-45-22-01-000-0230 Located on NE 4t'Ave. east of N Federal Hwy 26°31'50.18"N/ 80003'23.20"W * This will be a City project and considered local cost-share. Attachment 3,DEP Agreement#:LBSPI 1 of 9 Page 80 of 1743 {{ - tl 1 t f t tS 4 t < _ T CITYOF BOYNTON BEACH LOCATEDi�,�t. WITHIN PALM BEACH COUNTY ,+ O 9 .. „✓' -- �•- HypoluxoRd•ca--, W G) ,T„iR � 1 1 iR 2 ...3 ZN J 7 v 1 Miner Rd e -frinerRd '- I � d" 3 fi 4 3 w " ', I ate, " 6 � •^"'tet86vd`s�' � 'S, a 1 2 v � � -�" �"�� _" � — ry"'-` Baynton Beach Inlet � _ 1 ? °. .Gateway Blvd -• "-1-W Gate 4k� 04 € ` ' F�43i OldBoyntonRd - f u — �� - Boynton Beach ' + i L > 1 -- - Blvd EOceanAve --•t° I JL ze.1 fi y 3 D,� A ¢ y 1 4 .. Rd --EWoolbrtgfttRd' �W.Woclbn A � —1 Av $ - w [[ SW 23rd e e � x 1 r�-Gien Blvd f, r �. ��,ot Pict Rd _ �.�.w 1 Legend _ l City of Boynton Beach Boundary Water Bodies V. ' CITY BOUNDARY AREA,: 16.7 SQUARE MILES Figure 1: City of Boynton Beach Location Attachment 3,DEP Agreement#:LBSPI 2of9 Page 81 of 1743 PROJECT BACKGROUND: Rapid rates of population growth are predicted to continue in the near future in the region where the Southeast Florida Coral Reef Initiative (SEFCRI) is focused,including Martin,Palm Beach, Broward,and Miami-Dade Counties. By the year 2033 there is expected to be an additional one million new residents to this region,with a population totaling 7.3 million'.With such a rapid influx of people comes intense urban development pressure and competing infrastructure and financial needs,which together lead to uncertainty about how to best manage stormwater runoff, protect water quality in the Southeast Florida Coral Reef Environmental Conservation Area (ECA), and reduce flood risk. When considering local solutions, it is critical to improve practitioner awareness and understanding of stormwater issues. Previously, NOAA's Watershed Scale Planning to Reduce Land-Based Sources of Pollution (LBSP) for the Protection of Coral Reefs in Southeast Florida project delineated Southeast Florida into 9 Inlet Contributing Areas (ICAs). As part of a collaborative multi-stakeholder Prioritization Workshop, the Boynton/South Lake Worth Inlet was selected as the priority ICA for southeast Florida. NOAA led the development of a subwatershed management plan(WMP)'for this ICA. In support of the Watershed Scale Planning project, University of Florida's Program for Resource Efficient Communities was contracted to create a manual titled: "Low-Impact Development and Green Infrastructure (LID/GI): Pollution Reduction Guidelines for Coastal Water Quality in Southeast Florida", which details guidelines and options for pollution reduction for Southeast Florida coastal water quality. LBSP Project 20 & 23 (Phase 11): Demonstration Projects will implement pilot projects identified in the WMP as well as in the LID/GI Manual and are designed to address stormwater runoff and reduce LBSP. These projects are unique in that they have all used currently available tools and databases with the goal of reducing LBSP that reaches the coral reefs and associated resources within the Southeast Florida coral ECA. 'Based on 2010 and 2017 FL ccounty population statistics and medium 2030 projections published by the Florida Office of Economic& Demographic Research,available athttp://edr.state.fl.us/Content/population-demographics/data/index-floriduroducts.cfm. 2 Horsley Witten Group,2018.Boynton Contributing Area Watershed Management Plan.Prepared for:NOAA Coral Reef Conservation Program and Florida DEP Coral Reef Conservation Program,Sandwich,MA. PROJECT DESCRIPTION: The overall goal is to develop and implement management actions within the Boynton ICA that reduce land-based sources of pollution and the associated impacts to offshore coral reef ecosystems within the ECA region. The project will use partnerships with local city and county authorities for implementation. Working in partnership with the FDEP Coral Reef Conservation Program (CRCP),the Grantee intends to use in-house resources as well as various contractors and/or consultants that will implement rain gardens and/or bioswales in Boynton Beach, Florida at the three locations proposed above. While subject to final design, these projects will be designed using guidance from the Boynton ICA WMP and the Low-Impact Development and Green Infrastructure manual specific to the Southeast Florida region. Proposed projects will further target reduction of LBSP within the Boynton ICA and serve as examples of LID/GI that can be implemented in areas of high urban development throughout Southeast Florida. TASKS and DELIVERABLES: Task 1: East Water Treatment Plant Task Description: A. The Grantee and/or a qualified and licensed contractor,selected through the Grantee's procurement process, will obtain all necessary permits for construction of the projects. The City Landscape Architect or a City Contractor will complete the design of the rain garden/bioswale for the proposed location and, although subject to final project design, the Department will be able to review and comment on all project and planting designs prior to implementation. All parties agree to conduct work in a timely manner. Attachment 3,DEP Agreement#:LBSPI 3 of 9 Page 82 of 1743 B. The Grantee will perform project management,to include field engineering services and oversight, installation inspection, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. C. The Grantee will construct a rain garden/bioswale at the proposed location in accordance with the final design(s) and required permits. Construction under this agreement is the final phase leading up to the completion of the project. Due to the nature of funding for this project, deliverables are needed by the Department by the end of the Department's fiscal year (June 30, 2020), therefore communication regarding timeliness of completing construction activities should be established and maintained throughout project implementation. Deliverables: A. For the proposed location, a signed and dated electronic copy of the final design, including professional certification as applicable,and a list of all required permits identifying issue dates and issuing authorities will be submitted to the Department's Project Coordinator. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation and/or a paper copy of the final design. B. Completed project management activities to date as evidenced by: 1)A signed and dated electronic copy of the Grantee's executed contract(s) and scope of service(s)for the project submitted to the Department's Project Coordinator provided prior to submitting any invoices for the subcontracted work; and 2)quarterly interim progress status summaries including summary of inspections during and after construction, representative photos, meeting minutes and field notes, as applicable, submitted to the Department's Project Coordinator quarterly. Upon request by the Department's Project Coordinator, the Grantee will provide additional supporting documentation relating to project management. C. Raingarden constructed at the proposed location, as evidenced by: 1) dated color photographs of the construction site(s)prior to, during, and immediately following completion of the construction task;2)signed and dated record drawings and any required final inspection report(s)for the project; 3) signed and dated acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Landscape Architect indicating construction has been substantially completed in accordance with the design. Performance Standard: The Department's Project Coordinator will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance by the Department's Project Coordinator of all deliverables under this task the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for$25,000.00 upon completion of Task 1 and Department approval of all associated Task 1 deliverables. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the deliverable due date listed in the table below. Task 2: Harvey E. Oyer Jr. Park Task Description: A. The Grantee and/or a qualified and licensed contractor,selected through the Grantee's procurement process, will obtain all necessary permits for construction of the projects. The City Landscape Architect or a City Contractor will complete the design of the rain garden/bioswale for the proposed location and, although subject to final project design, the Department will be able to review and comment on all project and planting designs prior to implementation. All parties agree to conduct work in a timely manner. Attachment 3,DEP Agreement#:LBSPI 4of9 Page 83 of 1743 B. The Grantee will perform project management,to include field engineering services and oversight, installation, inspection, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. C. The Grantee will construct a rain garden/bioswale at the proposed location in accordance with the final design(s) and required permits. Construction under this agreement is the final phase leading up to the completion of the project. Due to the nature of funding for this project, deliverables are needed by the Department by the end of the Department's fiscal year (June 30, 2020), therefore communication regarding timeliness of completing construction activities should be established and maintained throughout project implementation. Deliverables: A. For the proposed location, a signed and dated electronic copy of the final design, including professional certification as applicable,and a list of all required permits identifying issue dates and issuing authorities will be submitted to the Department's Project Coordinator. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation and/or a paper copy of the final design. B. Completed project management activities to date as evidenced by: 1)A signed and dated electronic copy of the Grantee's executed contract(s) and scope of service(s)for the project submitted to the Department's Project Coordinator provided prior to submitting any invoices for the subcontracted work; and 2)interim progress status summaries including summary of inspections during and after construction, representative photos, meeting minutes and field notes, as applicable, submitted to the Department's Project Coordinator quarterly. Upon request by the Department's Project Coordinator, the Grantee will provide additional supporting documentation relating to project management. C. Raingarden constructed at the proposed location, as evidenced by: 1) dated color photographs of the construction site(s)prior to, during, and immediately following completion of the construction task;2)signed and dated record drawings and any required final inspection report(s)for the project; 3) signed and dated acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Landscape Architect indicating construction has been substantially completed in accordance with the design. Performance Standard: The Department's Project Coordinator will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance by the Department's Project Coordinator of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for$35,000.00 upon completion of Task 2 and Department approval of all associated Task 2 deliverables. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the deliverable due date listed in the table below. Task 3: Old School House & Museum Task Description: A. The Grantee and/or a qualified and licensed contractor,selected through the Grantee's procurement process, will obtain all necessary permits for construction of the projects. The City Landscape Architect or a City Contractor will complete the design of the rain garden/bioswale for the proposed location and, although subject to final project design, the Department will be able to review and comment on all project and planting designs prior to implementation. All parties agree to conduct work in a timely manner. Attachment 3,DEP Agreement#:LBSPI 5of9 Page 84 of 1743 B. The Grantee will perform project management,to include field engineering services and oversight, installation inspection, site meetings with construction contractor and design professionals, and overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. C. The Grantee will construct a rain garden/bioswale at the proposed location in accordance with the final design(s) and required permits. Construction under this agreement is the final phase leading up to the completion of the project. Due to the nature of funding for this project, deliverables are needed by the Department by the end of the Department's fiscal year (June 30, 2020), therefore communication regarding timeliness of completing construction activities should be established and maintained throughout project implementation. Deliverables: A. For the proposed location, a signed and dated electronic copy of the final design, including professional certification as applicable,and a list of all required permits identifying issue dates and issuing authorities will be submitted to the Department's Project Coordinator. Upon request, the Grantee will provide copies of obtained permits or permit related correspondence or documentation and/or a paper copy of the final design. B. Completed project management activities to date as evidenced by: 1)A signed and dated electronic copy of the Grantee's executed contract(s) and scope of service(s)for the project submitted to the Department's Project Coordinator provided prior to submitting any invoices for the subcontracted work; and 2)interim progress status summaries including summary of inspections during and after construction, representative photos, meeting minutes and field notes, as applicable, submitted to the Department's Project Coordinator quarterly. Upon request by the Department's Project Coordinator, the Grantee will provide additional supporting documentation relating to project management. C. Raingarden constructed at the proposed location, as evidenced by: 1) dated color photographs of the construction site(s)prior to, during, and immediately following completion of the construction task;2)signed and dated record drawings and any required final inspection report(s)for the project; 3) signed and dated acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Landscape Architect indicating construction has been substantially completed in accordance with the design. Performance Standard: The Department's Project Coordinator will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance by the Department's Project Coordinator of all deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: Grantee may submit a payment request for$10,000.00 upon completion of Task 3 and Department approval of all associated Task 3 deliverables. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the deliverable due date listed in the table below. Task 4: Monitoring for Flow and Nutrients Task Description: Before the completion of all designs, The City Landscape Architect or a City Contractor will review their designs with the Department and designated consultants to include components (proposed by the Department) for monitoring both flow and nutrients. It will be City's responsibility to adhere to the agreed upon design, or to confer with the Department if any changes become necessary. The design for the monitoring component will be proposed by the Department and designated consultants, and funding and materials for the monitoring components will be provided by the Department. It will be the responsibility Attachment 3,DEP Agreement#:LBSPI 6of9 Page 85 of 1743 of the Department to complete the installation and maintenance of monitoring equipment, sampling, data collection and analysis,and other components of the monitoring design.The City will bear no responsibility if the monitoring equipment is damaged or stolen. If any publications or technical reports are written by DEP Coral Reef Conservation Program using the monitoring data acquired from this project, the City of Boynton Beach will be given the opportunity to review and provide comments before the final draft is completed. Deliverables: A. For the selected proposed locations, up to two design review meetings between the City and the Department and designated consultants on how to include monitoring components for flow and nutrients. Performance Standard: The Department's Project Coordinator will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description, and that work is being performed in accordance with the Grantee's contract documents. Payment Request Schedule: The Department will fund the monitoring components at selected locations including but not limited to monitoring plan design, supplies, installation, operation and maintenance, sampling and data collection. Deliverable Due Date: All task related work must be completed by, and all deliverables must be received by,the deliverable due date listed in the table below. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date and all deliverables must be received by the designated due date. Irl East Water Treatment Plant Contractual Services IA Permitting and Design $5,000.00 March 31, 2020 1B Interim Progress Reports N/A Quarterly 1C Construction $20,000.00 June 30, 2020 2 Harvey E. Oyer Jr.Park Contractual Services 2A Permitting and Design $1,000.00 March 31, 2020 2B Interim Progress Reports N/A Quarterly 2C Construction $34,000.00 June 30, 2020 3 Old School House&Museum Contractual Services 3A Permitting and Design $1,000.00 March 31, 2020 3B Interim Progress Reports N/A Quarterly 3C Construction $9,000.00 June 30, 2020 Attachment 3,DEP Agreement#:LBSPI 7 of 9 Page 86 of 1743 Figure 2: East Water Treatment Plant Location I 1 Iw ' { —EW Ibnght Rtl -- — — r If hil + '��,i n + 5 r� m I + LEGEND 14 i, ',« n � �, + Cm of BoywroN BEACH EAST WATER TREATMENT PLANT PROPOSED F AtN GARDEN L,ocATt -- Approxm tly 86 Sq eFeeP awy�nd'2 m cropo:.e a oswaieiga�9are.� 124 4 EAST WooLBRtGHT ROAD Figure 3: Harvey E. Oyer Jr. Park Location ' � x A +� m 1 se < I i 5�, 4 OSiflry Fet 1 ApS x 1 7' ,� r" / que eet of Bn vale ;F� � e�� LEGEND npp oxm3l Eyg 'q ."F..I HARVEY E,,OyeR JR.PARK PRoPQSED BtoswALE/RAiNGARDFN,L..ocATtoN aProPosedgo -11'Rangx,d.n 2©1U NoRTH FEDERAL EFtGHWAY Attachment 3,DEP Agreement#:LBSPI 8of9 Page 87 of 1743 Figure 4: Old School House &Museum Location 14, _ a 1 u+ iSYtt 4flp µ= e ,gM. Old H gh Schuol Nero Bub rlly&Fl n Oartlenu i �Y% J' w � � I �� x�.. APPmx b&1 Squere Fee9 R�' 4c S a 1( ,11 z mewe a rryau c d y *fi' i 1, P n ¢, 4 RSP k -- — -- — . J1 LEGEND xzr; ,� ' ''.sorai�nae ce�tle� . TOWN SQUARE PROJECT QLD SCHOOL HousE&MusEull9'. APProx rri e IY],2 s9 repeer PROPOSED BUTTERFLY&RAIN GARDEN 2,s zns M ProposeEBo-Swalelfta ngartlen LOCATION 129 E OCEAN AvE. Figure 5: Mangrove Walk Location (local cost-share City Project) e, Cl poi, � I � � N u R osweienpprox r aso s9uare reer 0y f I r LEGEND ADP ,ar Iv r asos9 re Feer MANIGROVE WALK PRoPQSED BIOS YALE,/RA4NGARDEN..LOCATION �eP�Nzntl p's. 5. preroPo eaeps�l napBaraep' PARCEL CONTROL NUMBER 0843452,2010000,230 Attachment 3,DEP Agreement#:LBSPI 9of9 Page 88 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(j�floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Page 89 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov Attachment 5 1 of 7 BGS-DEP 55-215 revised 7/2019 Page 90 of 1743 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),arecipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hqp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at htip://www.fldfs.com/and the Auditor General's Website at hqp://www.mvflorida.com/audge . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.9 7, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of7 BGS-DEP 55-215 revised 7/2019 Page 91 of 1743 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hqp://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(a_dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(htip://flauditor. ov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEP SingleAudit(a_dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS-DEP 55-215 revised 7/2019 Page 92 of 1743 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of7 BGS-DEP 55-215 revised 7/2019 Page 93 of 1743 O O � pOj O 00 O U O 3 0 rn c6 w •• E'i � rte•+ � U U H U U ro 0 U o U ° cz O w w Q cn cn m Z v ti ti ti ti cn O � d w w Z w p Ste. a, � „Oa� � � •O p cz ons O y o U LO ° a o IXLn o o o U p 0 Cd 0 O eC U U cn o o Ln � nQn U U cz w y +U„ En Lb. cn fd cn CD cn Q Q n cn y `n ILI P, cn P, � o � cn Cdct ti o � ° u cz cz cz q c o z � ooa � O O w cn cz UCd U Q cn sem, 05 sem, cn sem, sem, N 14) cz a.6z a s a a u qb U \ ¥ / \ \ \ \ ) � ( / \ / q R \ � & � S / % m .S \ ¢ \ \ � \ .\ \ / \ � CZU \ \ � � w \ \ 7 \ \ \ d % � ) � �3 \ \ / ® /\ E � \ \ \ � U4 � ƒ j = / \ \ \ \ � k7 a ( _ # 2 ( ( � \ / /\ ATTACHMENT 8 Contract Provisions for Department of Commerce(DOC) Funded Agreements The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient"shall mean"Grantee." Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance(2 CFR Part 200),and all associated terms and conditions. Therefore,Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative,Contractual,and Legal Remedies The following provision is required if the Agreement is for more than$150,000. In addition to any of the remedies described in the elsewhere in the Agreement,if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non- Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand a refund, either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. Equal Opportunity Clause The following provision applies if the agreement meets the definition of"federally assisted construction contract"as defined by 41 CFR Part 60-1.3: During the performance of this Agreement,the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin.The Recipient will take affirmative action to ensure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion,sex,sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training,including apprenticeship.The Recipient agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf of the Recipient,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,sexual orientation,gender identity,or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the employer,or is consistent with the Recipient's legal duty to furnish information. Attachment 8 Page 1 of 5 Rev.7/18/18 Page 97 of 1743 iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers'representatives of the Recipient's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules,regulations,or orders,this Agreement may be canceled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146- 3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must pay wages not less than once a week. The Recipient must comply with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be prohibited from inducing,by any means,any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2(a)and the Non-Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that "funding agreement,"the Non-Federal Entity or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. Attachment 8 Page 2 of 5 Rev.7/18/18 Page 98 of 1743 7. Clean Air Act(42 U.S.C. 7401-76714.)and the Federal Water Pollution Control Act(33 U.S.C. 1251- 1387) If the Agreement is in excess of$150,000,the Recipient shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA). 8. Debarment and Suspension(Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." 9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) If the Federal funds exceed$100,000,the Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.If applicable, the Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award,using form SF-LLL,available at:https://applv07.grants.gov/apply/forms/sample/SFLLL_1 2 P- V 1.2.pdf. 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act as described in 2 CFR part 200.322. ADMINISTRATIVE 11. General Federal Regulations Grantees shall comply with regulations listed in 2 CFR Part 200, 2 CFR Part 1326, 48 CFR Part 31 and 40 U.S.C. 1101 et sequence. 12. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212. 13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) Grantees,their employees,subrecipients under this award,and subrecipients' employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect;or iii. Use forced labor in performance of the award or subawards under the award. 14. Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L.93-234) Grantee must comply with flood insurance requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 15. Water Resources Reform and Development Act(WRRDA)P.L. 113-121 Grantees must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121,if applicable. This act provides for improvements to the rivers and harbors for the United States,to provide for the conservation and development of water and related resources. 16. Whistleblower Protection Grantees shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013, and effective December 14, 2016, has been permanently extended(Public Law(P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award,related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C.4712. (c)The recipient shall insert this clause,including this paragraph(c),in all subawards and in contracts over the simplified acquisition threshold related to this award;best efforts should be made to include this clause,including this paragraph(c)in any subwards and contracts awarded prior to the effective date of this provision. 17. Notification of Termination(2 CFR §200.340) Attachment 8 Page 3 of 5 Rev.7/18/18 Page 99 of 1743 In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Grantee's or subcontractor's material failure to comply with the Federal statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,accessible through System for Award Management(SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Recipient will notify the Grantee of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Grantee's rights upon termination and following termination 18. Additional Lobbying Requirements i. The Grantee certifies that no funds provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. ii. The Lobbying Disclosure Act of 1995,as amended(2 U.S.C. § 1601 et seq.),prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award,grant(and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. iii. Pursuant to 2 CFR §200.450 and 2 CFR §200.454€,the Grantee is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities. COMPLIANCE WITH ASSURANCES 19. Assurances Grantees shall comply with any and all applicable assurances made by the Department or the Grantee to the Federal Government during the Grant application process. 20. Contracting with Small and Minority Businesses,Women's Business Enterprises, and Labor Surplus Area Firms Grantee shall take all affirmative steps necessary to assure that minority business,women's business enterprises,and labor surplus area firms are used when possible,including those steps listed in 2 CFR §200.32l(b). FEDERAL REPORTING REQUIREMENTS Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1,2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement. DEPARTMENT OF COMMERCE-SPECIFIC 21. Department of Commerce(DOC)Financial Assistance Terms and Conditions Grantees shall comply with the U.S.Department of Commerce Financial Assistance Terms and Conditions,available online(hM2://www.osec.doc.gov/oaliVgrants_management/policv/default.htm)and incorporated by reference. 22. DOC Regulations Grantee shall comply with the following regulations: 2 CFR 1300-1399, 15 CFR 8, 15 CFR 8a, 15 CFR 8b, 15 CFR 13, 15 CFR 20,and 15 CFR 28 23. Drug-Free Workplace Grantee must make an on-going, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 2 CFR Part 1329. Additionally, in accordance with these regulations, the recipients must identify all known workplaces under its federal awards,and keep this information on file during the performance of the award. 24. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Grantee shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 25. Property Management Requirements If the purchase of equipment is authorized under paragraph 20 of this Agreement,then the Grantee shall comply with the property management requirements set forth in 2 CFR§200.313. An inventory of all personal property/equipment Attachment 8 Page 4 of 5 Rev.7/18/18 Page 100 of 1743 purchased under this Agreement shall be completed at least once every two (2) years and submitted to the Department's Grant Manager no later than January 31 st for each year this Agreement is in effect. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION(NOAA)-SPECIFIC 26. 26. Scientific Integrity, as established in the Department of Commerce Financial Assistance Alert 16- 02(January 13,2016) The NOAA Acquisition and Grants Office (AGO) has established the following policy to provide appropriate protections for all NOAA grants,financial assistance awards, and cooperative agreements: a. Maintaining Integritv.The recipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b. Peer Review. The peer review of the results of scientific activities under a NOAA grant,financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance,scientific integrity,reproducibility,transparency,and performance.NOAA will ensure that peer review of "influential scientific information" or"highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget(OMB)Final Information Quality Bulletin for Peer Review and NOAA policies on peer review,such as the Information Quality Guidelines. c. In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the recipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.That Order can be found at http://nrc.noaa.gov/ScientificIntegbiyCommons.aspx. d. Primarv .Responsibilitv.The recipient shall have the primary responsibility to prevent,detect,and investigate allegations of a violation of scientific integrity or scientific and research misconduct.Unless otherwise instructed by the grants officer,the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures,as appropriate,to do so. e. By executing this grant, financial assistance award, or cooperative agreement the recipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry,investigation,and reporting of such misconduct. f. The recipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award,or cooperative agreement. 27. Investigating Scientific Integrity or Scientific and Research Misconduct a. Inhibiting Investigation.If the recipient or subrecipient determines that there is sufficient evidence to proceed to an investigation,it shall notify the grants office and,unless otherwise constructed,the recipient or subrecipient shall: i. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding regarding the violation of scientific integrity or scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. ii. If the investigation leads to a finding regarding the violation of scientific integrity or scientific and research misconduct,obtain adjudication by a neutral third-party adjudicator. The adjudication must include a review of the investigative record and,as warranted,a determination of appropriate corrective actions and sanctions. b. Finalizing Investigation. When the investigation is complete,the recipient shall forward to the grants officer a copy of the evidentiary record, the investigative report, any recommendations made to the recipient adjudicating official,the adjudicating official's decision and notification of any corrective action taken or planned,and the subject's written response(if any). 28. Findings and Corrective Actions If the recipient finds that scientific integrity has been violated or scientific and research misconduct has occurred,it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: a. Take all necessary corrective actions,which includes,but are not limited to,correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future,and b. Coordinate remedial action with the grants officer. Attachment 8 Page 5 of 5 Rev.7/18/18 Page 101 of 1743 6.D. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-119-Award RFP# 018-2413-19/IT and authorize the City Manager to enter into a three (3) year agreement with Parkmobile for Metered Parking for Oceanfront Park, Harvey E. Oyer Jr. Park and future locations that may require metered parking. EXPLANATION OF REQUEST: Contract Term: November 6, 2019 thru November 5, 2022 The City is seeking a qualified firm to provide a complete turn-key payment by Smartphone and kiosk option for the patrons of two (2) City of Boynton Beach Parks. The parks are Oceanfront Park and Harvey E Oyer Jr. Park. The City may expand the scope to include future parking garages proposed as part of Town Square and other city-owned spaces. The services include collection of fees as well as enforcement. On April 19, 2019, Procurement Services opened and tabulated three (3) proposals for RFP#018-2413- 19/IT Pay for Parking. The proposals were reviewed by an evaluation committee which consisted of representatives from Engineering, Public Works, ITS and Recreation. The committee recommended ParkMobile based on the evaluation criteria listed in the RFP#018-2413-19/IT. The scores are as follows: EYSA 262 total points ParkMobile 328 total points Passport 313 total points The contract is for three (3) years with two (2) additional one-year renewals at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. Prior to implementation of metered parking services, staff will present for future approval an amendment to the Code of Ordinances creating a new section for metered parking, a resolution setting fees associated with metered parking and a budget amendment outlining expenditures and revenue. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide a revenue source with metered parking at city parks and other designated locations. FISCAL IMPACT: Budgeted There will be a one-time cost of$21,604.00 for Enforcement equipment, installation and training. Page 102 of 1743 There will be a one-time cost of$49,309.00 for six(6) Kiosk. Any additional needed will be $8,789.00 each. There will be an annual cost of an estimated $9,546.00 for Enforcement/Kiosk software and warranty. The online portal requires a monthly fee of$3,500. The fee will be paid for by the customer on a per citation basis. The City is responsible for the difference if the $3,500 is not met for the month. This will be a revenue generating contract. ALTERNATIVES: To not approve and keep current parking payment structure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution awarding RFP and authorizing the City manaher to sign Agreement with Park bile D Agreement ParkMobile Agreement D Attachment Tabulation Sheets D Addendum Tabulation Sheet Responsiveness D Addendum Scoring Summary Page 103 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AN AWARD OF RFP NO. 0 18-2413- 5 19/IT FOR "PAY FOR PARKING" AND AUTHORIZE THE 6 CITY MANAGER TO SIGN A THREE (3) YEAR 7 AGREEMENT WITH PARKMOBILE FOR METERED 8 PARKING; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on April 19 2019, Procurement Services opened three (3) proposals in 11 response to RFP No. 018-2413-19/IT "Pay for Parking; and 12 WHEREAS,the City is seeking to provide a payment by Smartphone and kiosk option 13 for the patrons at two(2) City of Boynton Beach parks which sope may be expanded to include 14 future parking garages and other city-owned spaces; and 15 WHEREAS, the proposals were reviewed by an evaluation committee and their 16 recommendation is Parkmobile based on the criteria listed in RFP No. 018-2413-19/IT; and 17 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 18 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 19 RFP No. 018-2413-19/IT for"Pay for Parking", and authorize the City Manager to sign a three 20 (3) year Agreement with two (2) one-year renewals with Parkmobile. 21 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the award of RFP No. 018-2413-19/IT for"Pay for Parking", and authorize the City 27 Manager to sign a three (3) year Agreement with two (2) one-year renewals with Parkmobile, 28 a copy of which is attached hereto as Exhibit"A". C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D283A114-2D05-4F70-88B0-3F69553B5763\Boynton Beach.18809.1.Award_RFP_and Agreement_to Parkmobile_(meters)_-_Reso.docx -1 - Page 104 of 1743 29 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this day of October, 2019. 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 VOTE 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D283A114-2D05-4F70-88B0-3F69553B5763\Boynton Beach.18809.1.Award_RFP_and Agreement_to Parkmobile_(meters)_-_Reso.docx -2- Page 105 of 1743 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAY FOR PARKING SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ParkMobile. hereinafter referred to as " PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROVIDER is retained by the City to perform professional services in connection with the RFP FOR PAY FOR PARKING SERVICES PROVIDER; RFP No.: 018-2413-19/IT. 2. SCOPE OF SERVICES. PROVIDER agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER 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 date fully executed by the City Manager and shall remain in effect for three (3) years. The City of Boynton Beach may extend the contract with the same terms and conditions for two (2) 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 PROVIDER shall continue services beyond the final expiration date as approved by the City Manager or City Commission and as agreed upon by PROVIDER. Such extension(s) shall not exceed a six-month period. The PROVIDER shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROGRAM PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER 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 PROGRAM PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER 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 PROVIDER'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) Page 1106 of 1743 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 PROVIDER 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 PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PROVIDER's endeavors. 7. COMPLIANCE WITH LAWS. PROVIDER 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. PROVIDER 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 PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER 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; 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. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER 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 PROVIDER, or any employee of PROVIDER. 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, 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 PROVIDER, 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. Page 1807 of 1743 12. DISCRIMINATION PROHIBITED. The PROVIDER, 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 PROVIDER 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 PROVIDER. b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER 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 Professional. 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: Page ' 08 of 1743 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: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 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. Page 1409 of 1743 DATED this day of 12019. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Signature of Authorized Official Printed Name of Authorized Official Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 1510 of 1743 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Page fl of 1743 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page 1712 of 1743 O (Y) m � 3 � O � \ O N (o E N O 0) 0 m C C C C C07 O O O O N a O Co Co Co Co O C C C E E C CO CO CO CO a C.7 i' 7 i' 7 7 7 i' 7 0 N O L L L CV C CV C C C CV C L > CV CV CV CV 0 O CZ CZ CZ C� m O m m O m CZ m E O 0 O L O T � L U 0 Ln 0 m O O co N a) N J + to ULL N m R N t m O C j 0 O O v -; 0 R 0 c _ W Q O O O 70 CT O a) T O a) W N N r - N Lo Lo Lo O Lo O N O U) CD N > O 4 10 00 U M ++ m J ul O LL o 6 � 0 0 .a ul ami Qo 2E O cu� cn � C� + U O N co O N W O N ++ t ula) E Z 00 O = ate+ ai Z co Y N N CN a) U) 0 ti U m LLQU ) w° �o 0 m � wQ 'R a � rn LU Cl) cuo rn Y Q0 v' cmc a, Q `� C6 O N O .N a Qy Co �. 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Mack W. Majors J. McNally TOTAL 0.00 0.00 PARKMOBILE G.Dunmyer A. Mack W. Majors J. McNally TOTAL 0.00 0.00 PASSPORT G.Dunmyer A. Mack W. Majors J. McNally TOTAL 0.00 0.00 Page 117 of 1743 RFP FOR PAY FOR PARKING SER RFP No.: 018-2413-19/IT SUMMARY OF REVIEWERS SCORES - EVALUATION COMMITTEE MEETING (INITIS System Operation and Management Customer/User Interface and Experience(UI and UX) MAX -10 MAX - 15 0.00 0.00 0.00 0.00 0.00 0.00 Page 118 of 1743 :VICES %L RANKING/SHORTLIST) - 5/13/19 at 10:00 AM Reporting Fee Proposal Similar Projects Value Added Items MAX - 10 MAX - 20 MAX - 5 MAX - 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 119 of 1743 LOCAL BUS. TOTALS CERT. FORM MAX - 5 MAX - 100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Page 120 of 1743 6.E. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-120-Approve the "Riverwalk Plaza" record plat, conditioned on the approval being the certification of the plat documents by the City Engineer. EXPLANATION OF REQUEST: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Riverwalk Plaza" (See attachment 1). The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed development cannot be implemented until the proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit(LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. FISCAL IMPACT: None ALTERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 121 of 1743 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Riverwalk Plaza Plat D Attachment Attachment 1 ® Riverwalk Plaza Plat D Attachment Attachment 2 ®Amended and Restated Reciprocal Parking Declaration D Attachment Attachment 3 ® I sram Aquired Property D Attachment Attachment 4 ® Restaurant Aquired Property Page 122 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA 4 APPROVING THE "RIVERWALK PLAZA" RECORD PLAT, 5 CONDITIONED ON THE APPROVAL OF THE CERTIFICATION 6 OF THE PLAT DOCUMENTS BY THE CITY ENGINEER; AND 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS,the owner of real property identified in attachment"I"filed an application 10 with the City of Boynton Beach, Florida for plat approval; and 11 WHEREAS, the "Riverwalk Plaza" record plat supports the development of the 12 subdivided land in accordance with the Site Development plan titled "Riverwalk Plaza" 13 attached hereto in attachment"1"; and 14 WHEREAS, the subject plat has been reviewed by the Utilities Department, Planning 15 and Zoning Division,Building Division, and Engineering Division to ensure conformance with 16 the site plan approval and the applicable State and City's platting and zoning requirements; and 17 WHEREAS,the City Commission, upon recommendation of staff, does hereby accept 18 and approve the "Riverwalk Plaza" record plat. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 21 Section 1: Each Whereas clause set forth above is true and correct and incorporated 22 herein by this reference. 23 Section 2: The City Commission hereby approves and authorizes the Mayor to sign 24 the "Riverwalk Plaza" record plat conditioned on the approval of the certification of the plat 25 documents by the City Engineer. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 PASSED AND ADOPTED this day of , 2019. (00338127.1 306-9001821) C:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAA3CB77E8-08DF-486C-989B-BA5342375308\Boynton Beach.18779.1.Riverwalk Plaza Plat Approval_(00338127xc4b6a)_-_Reso.Docx Page 123 of 1743 29 30 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 46 VOTE 47 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 57 (Corporate Seal) (00338127.1 306-9001821) C:AProgram Files(X86)ANeevia.ComVDocconverterproATemp\NVDCAA3CB77E8-08DF-486C-989B-BA5342375308\Boynton Beach.18779.1.Riverwalk Plaza Plat Approval_(00338127xc4b6a)_-_Reso.Docx Page 124 of 1743 A $� 4 LL 3�S � � z r a � ; a z�¢a ;��A u ' ry LIJ Lazo - - cozlo ¢ zoo„ o z I � ul p g . c a > ¢ �- z a a f - � - Z a y w 4 w .laNb� (t t 3Ntld tt :i 3a NM 3 "�� Sa0 lsp3 7 I�yti� N �� w ald w3>OJ �' o — s �NM2rdI yM nNx S�b) x — lb1SVQ�bci1✓Aq Sb�1N,i;l IbQL - A ship— HIM HUN PE is T (..! A - aNT bji°s;"iza>«a�s bn.aca3 sisa,ar�N, Q4. P -.132/NNOJ 11.y z� \ Z B£ h1Q.L010Sis JAM t SSk3.3i QN �r N ¢6E o. z, 'g go E ' g' Q 4 ,n Q 9gill CLW z oi� t / own g �- Ja P a � P �h X in 3 ,0 (1 '7A0' �9 - N Z s Q r-Z W d R I m Z i§ Elf lud— q o'o♦} � x � Y, Z _ < — W 'OS'3 Z StC4 rvi¢ SFS 3 z a � MACAU I •im ��= a z €� bl�p 1N3Hltltld3¢ ¢ SL,<S.b0h (SON C-1VOW RVA) L ON VAWSH 'ST �� — CFN 20180136487 OR BK 29773 PG 918 RECORDED 04/11/2018 10:19:56 Palm Beach County, Florida AMT Sharon R. Bock This Instrument Prepared By: CLERK&COMPTROLLER Record and Return To: Pgs 0918-0952; (35Pgs) Mark A.Perry,Esq. Mark A.Perry,P.A. 50 SE Fourth Avenue Delray Beach, FL 33483 AMENDED AND RESTATED RECIPROCAL PARKING DECLARATION THIS AMENDED AND RESTATED RECIPROCAL PARKING DECLARATION ("Declaration") is entered into the- day of March, 2018 by and between Isram Riverwalk, LLC, a Florida Limited Liability Company(" 'verwalk")and Restaurant Holdings,Inc.("Restaurant"). WITNESSETH: A. Riverwalk owns that certain parcel of real property as more particularly described on Exhibit"A"attached hereto and made a part hereof("Riverwalk Plaza"). Riverwalk Plaza is graphically depicted on Exhibit"A-1"attached hereto and made a part hereof("Current Riverwalk Plaza Site Plan"). B. Restaurant owns that certain parcel of real property adjacent to the Riverwalk Plaza as more particularly described on Exhibit"B"attached hereto and made a part hereof("Restaurant Parcel'). The Restaurant Parcel is graphically depicted on Exhibit"B-I"attached hereto and made a part hereof. C. The predecessors in title to Riverwalk Owner and Restaurant executed the following documents: (i) Reciprocal Parking Agreement and Declaration of Restrictions dated January 6, 1970 as recorded in ORB 1779, Page 185; (ii) Modification of Reciprocal Parking Indenture dated October 20, 1980 as recorded in ORB 3402,Page 1639; (iii)Amendment to Reciprocal parking Indenture dated May 29, 1985 as recorded in ORB 4586, Page 1126; and (iv) Amended and Restated Reciprocal Parking Declaration dated June 29, 2004, as recorded in ORB 17231, Page 1428, all of the Public Records of Palm Beach County, Florida. The instruments referred to in C (i)-(iv) above are hereinafter referred to as"Prior Agreements". D. Riverwalk and Restaurant have agreed to amend and restate all of the Prior Agreements in their entirety and subject Riverwalk Plaza and Restaurant Parcel to the covenants, conditions, restrictions and easements hereinafter set forth. E. It is the desire of Riverwalk to redesign and redevelop the Riverwalk Plaza in accordance with the design depicted on Exhibit"C", and which shall be referred to as the Riverwalk Plaza Site Plan. F. Riverwalk and Restaurant desire to cooperate to accomplish the redevelopment of Riverwalk Plaza in accordance with the Riverwalk Plaza.Site Plan. NOW, THEREFORE,Riverwalk and Restaurant declare that the Riverwalk Plaza and Restaurant Parcel i Page 127 of 1743 CFN 20180136487 BOOK 29773 PAGE 919 2 OF 35 are, and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, conditions,restrictions and easement hereinafter set forth. ARTICLE I In addition to the defined terms set forth above,the following definitions shall apply: A. "Declaration". This Declaration and all Exhibits attached hereto. B. "Lender". A Person holding a mortgage encumbering a Parcel. C. "Owner"". The record owner (whether one or more persons or entities) of fee simple title to any Parcel. The term "Owner" shall not include those Persons having an interest in a Parcel or a portion of the Properties merely as security for the performance of an obligation. D. "Parcel". Each Parcel of real property as described in Exhibit "A" and "B". Once improved,the term Parcel shall include all improvements thereon and appurtenances thereto. E. "Parties". Restaurant Owner and Riverwalk Owner. F. "Permittees". The tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of(i) the Owner of such Parcel, and/or (ii) such tenant(s)or occupant(s). G. "Person(s)". Any person,firm or entity. H. "Properties". That certain real property described in Exhibits"A"and"B". I. "Restaurant Owner". The Owner of the Restaurant Parcel. J. "Restaurant Parcel Site Plan". The Site Plan for the Restaurant Parcel attached hereto as Exhibit`B-1". K. "Riverwalk Plaza Site Plan". The revised Site Plan for the Riverwalk Plaza as attached hereto as Exhibit"C'. L. V"Riverwalk Owner". The Owner of the Riverwalk Plaza Parcel. ARTICLE 2 TERM,AMENDMENT,AGREEMENT and RESTRICTION A. This Declaration shall run with,and bind,each Parcel for a term of forty(40)years from the date this Declaration is recorded in the Public Records of Palm Beach County, Florida. Thereafter, this Declaration shall be automatically extended for successive periods of ten (10) years, unless 2 Page 128 of 1743 CFN 20180136487 BOOK 29773 FAGS 920 3OF35 otherwise terminated by mutual agreement of the Owners of each Parcel. B. This Declaration may only be amended in writing by the Owners of each Parcel. Notwithstanding anything contained herein to the contrary if required by applicable law or governmental regulation,the prior written approval of any governmental entity or agency having jurisdiction is required for any amendment to this Declaration,then the consent of such entity or agency must also be obtained. C. Each Parcel shall be subject to this Declaration and the provisions hereof. The provisions of this Declaration shall run with the land. An Owner may assign its right hereunder to a subsequent owner of such Owner's property. However, no Owner may assign any rights hereunder separate and apart from a Parcel except that the Riverwalk Owner may assign it rights hereunder to an affiliate(i.e., an entity with common ownership)of the Riverwalk Owner. D. No Owner may record any legal document or take any action which, in any way,conflict with the provisions of this Declaration, without the consent of the other Owner unless such action does not have an adverse impact to the ingress,egress, access or parking of Riverwalk Plaza.. E. Riverwalk Site Plan: The Riverwalk Plaza Parcel shall be developed substantially in accordance with the Riverwalk Plaza Site Plan. ARTICLE 3 REAL PROPERTY EXCHANGE A. In connection with the redevelopment of Riverwalk Plaza, the Riverwalk Owner and the Restaurant Owner have agreed to exchange certain parcels of real property, as more particularly described herein, and as follows: {i) Restaurant owns that real estate located on the south east portion of Riverwalk Plaza and described and depicted on Exhibit"D-1"(the D-1 Property"). (ii) Riverwalk Owner owns that real estate located directly west of the Restaurant Parcel and described and depicted on Exhibit"D-2"(the"D-2 Property"); hereinafter referred to as the"Exchange") B. The Parties agree to exchange ownership of these two parcels as a component of the Riverwalk Plaza Site Plan, as follows: (i) Simultaneously with the execution hereof, the Restaurant Owner shall convey the D-1 Property to the Riverwalk Owner and the Riverwalk Owner shall convey the D-2 Property to the Restaurant Owner by way of general warranty deed. (ii) Each Party shall convey marketable and insurable title to the D-1 Property and D-2 Property, respectively, and each shall comply with such title requirements ordinary and customary for such conveyance. 3 Page 129 of 1743 CFN 20180136487 BOOK 29773 PAGE 921 4 OF 35 (iii) Each Party shall pay its own costs and expenses in connection with the Exchange. C. The Parties further agree that the actual Exchange shall be completed within thirty (30) days following the execution hereof, however, the Parties wish to continue the present arrangement for parking as more particularly described in the Prior Agreements until such time as the Riverwalk Owner provides at least thirty days (30) written notice to the Restaurant Owner that the parking arrangement contemplated by this Agreement shall be effective. D. Exhibit D-3 contains a site plan of the Restaurant Parcel after the Exchange is completed. E. Exhibit D-4 contains a site plan of the Riverwalk Plaza Parcel after the Exchange is competed. ARTICLE 4 EASEMENTS,INGRESS AND PARKING A. A non-exclusive easement for ingress and egress is hereby created for pedestrian traffic over, and through and across sidewalks, paths, walks, driveways, passageways and lanes as the same, from time to time,may exist on the Properties("Pedestrian Easement"). B. A non-exclusive easement for vehicular traffic is hereby created over, and through and across the driveways, passageways and lanes as the same, from time to time,may exist on the Properties ("Traffic Easement"). C. A non-exclusive easement for parking is hereby created for parking over and across the Riverwalk Plaza("Parking Easement")strictly in accordance with the following: W The Restaurant shall be provided fifty(50)designated parking spaces to be used for restaurant patrons self-parking or with a Restaurant provided valet service and which are depicted on Exhibit E, attached hereto, and as further depicted as Prime Catch Parking Only.All other parking shall be through a Restaurant provided free valet service. The Restaurant shall implement and continuously maintain a valet parking service during the hours that the Restaurant is in operation for any other parking areas utilized by the Restaurant. The drop off location for the valet services shall be on the Restaurant Parcel. (ii) The handicap parking spaces identified on the Riverwalk Plaza Site Plan must remain as handicap spaces and will not be utilized by the Restaurant Owner or valet service to park vehicles of restaurant customers. (iii) The Restaurant Owner and its valet service shall comply with all reasonable rules and regulations adopted by the Riverwalk Owner together with the Restaurant Owner. The Restaurant Owner shall instruct the employees of the restaurant to park in the area designated as 4 Page 130 of 1743 CFN 20180136487 BOOK 29773 PAGE 922 5 OF 35 employee parking on the Riverwalk Plaza Site Plan. In the event of a violation of such rules and regulations or this Agreement,the Riverwalk Owner may cause any vehicles parked in violation hereof to be towed at the expense of the owner of that vehicle, after reasonable written notice. In the event of repeated violations of this section,the Riverwalk Owner shall have all available remedies at law, and all costs of enforcement shall be the responsibility of the Restaurant Parcel Owner. However, the foregoing provision shall not be applicable until the earlier of(i) November 30, 2026, or(ii) when the restaurant known as Josie's (or its successors) ceases to permanently operate (the Josie Parking Term"). During the Josie Parking Term the following shall apply, as depicted on Exhibit "F"attached hereto(the"Josie Term Parking Arrangement"): (i) Riverwalk and Restaurant hereby grants to the other a nonexclusive right to park upon each other's parcels for tenants, patrons, invitees, etc., for self-parking only (however, excluding the row of parking spaces directly south of the Wendy's parcel). (ii) The Restaurant shall be provided fifty (50) nonexclusive parking spaces to be used only with a Restaurant provided valet service and which are depicted on Exhibit F, attached hereto. The Restaurant shall implement and continuously maintain a valet parking service during the hours that the Restaurant is in operation for any other parking areas utilized by the Restaurant.The drop off location for the valet services shall be on the Restaurant Parcel. (iii) The handicap parking spaces identified on the Riverwalk Plaza. Site Plan must remain as handicap spaces and will not be utilized by the Restaurant Owner or valet service to park vehicles of restaurant customers. (iv) The Restaurant Owner and its valet service shall comply with all reasonable rules and regulations adopted by the Riverwalk Owner together with the Restaurant Owner. The Restaurant Owner shall instruct the employees of the restaurant to park in the area designated as employee parking on the Riverwalk Plaza Site Plan. In the event of a violation of such rules and regulations or this Agreement,the Riverwalk Owner may cause any vehicles parked in violation hereof to be towed at the expense of the owner of that vehicle, after reasonable written notice. In the event of repeated violations of this section, the Riverwalk Owner shall have all available remedies at law, and all costs of enforcement shall be the responsibility of the Restaurant Parcel Owner. Upon expiration of the Josie Parking Tern,the Josie Term Parking Arrangement shall cease and the other provisions of Section C shall be effective. D. The Restaurant Owner shall be solely responsible for the utilization of the Non Exclusive Restaurant Parking and the operation of the free valet service as provided in this Declaration. The Riverwalk Owner: (i) shall have no responsibility to provide security for the vehicles parked as foresail or on the Riverwalk Plaza Parcel; and(ii)does not make any representation whatsoever as to the security of the Riverwalk Plaza or any vehicles parked on the Riverwalk Plaza Parcel, including, but not limited to, utilization of the parking easement and parking activities hereunder. E. In the event that the Restaurant Owner does not operate the restaurant and leases the restaurant to an operator, the Restaurant Owner shall include a provision in such lease requiring compliance with the provisions of this Agreement. F. Restaurant shall be provided one(1) space for the location of dumpsters, as depicted on 5 Page 131 of 1743 CFN 20180136487 BOOK 29773 PAGE 923 6OF35 the Riverwalk Plaza Site Plan. Riverwalk shall bear the expense of the relocation of the dumpster. G. Change of Riverwalk.Plaza. The Riverwalk Plaza Parcel will be changed as noted on the Riverwalk Plaza Site Plan;further: (i) All changes shall be completed by the Riverwalk Owner as follows: (1) in a good and workmanlike manner and in accordance with all applicable laws and plans therefore as approved by the Riverwalk Owner and which have been approved by the Restaurant Owner; (2) in a manner so as to minimize inconvenience to the Riverwalk Plaza and/or its tenants and Permittees and Restaurant. The Riverwalk Plaza construction shall not adversely restrict or hinder access to the Restaurant by its customers, and shall not adversely impair, affect, or restrict any parking of the Restaurant during construction. (ii) Restaurant Owner and Shopping Center Owner shall cooperate to establish a mutually agreeable plan to insure Restaurant Owner's continued, uninterrupted use of the restaurant, as well as to restrict construction debris, and to minimize the impact of the redevelopment on the operation of the Restaurant. (iii) The Riverwalk Owner shall regrade the parking lots of the Riverwalk Plaza during the early portion of the Redevelopment. (iv) At any time and from time to time, the Riverwalk Owner(whether or not such property is then utilized as a shopping center or is reconfigured) shall have the right to relocate any easement on the Riverwalk Plaza Parcel, provided that any such relocation: (i) shall be performed only after sixty (60) days' notice of the intention to undertake the relocation shall have been given to the Restaurant Owner if the Restaurant Parcel is served by the easement; (ii) shall not unreasonably interfere with or diminish the utilization of the easement if used by the Restaurant Parcel; (iii) shall not cause the Restaurant Parcel to not comply with applicable laws; (iv) shall be relocated at the cost of the Riverwalk Plaza;(v) shall comply with all applicable laws relating thereto;and(vii) shall not unreasonably interfere with the business activities conduced on the Restaurant Parcel. (v) Riverwalk shall provide to the Restaurant a panel on the pylon sign, a sketch of which is attached hereto as Exhibit "G", at no cost to the Restaurant, however the replacement of same shall be at the sole cost of the Restaurant. (vi) As long as a restaurant is operating in the Restaurant Parcel, Riverwalk agrees that it will not lease the"Josie's"premises for the operation of a sit down restaurant. ARTICLE 5 INSURANCE A. The Restaurant Owner shall maintain (which shall cover the activities of the valet service), at its expense: (a) a policy of commercial general liability insurance, with contractual liability broad form general liability endorsement, including liquor liability coverage, with limits of at least $3,000,000 per accident, covering any and all claims for injuries to persons in or upon the Restaurant Parcel which shall provide coverage for the utilization of the pedestrian and parking easements on the Riverwalk Plaza Parcel, and insuring the indemnity provisions set forth in this Article. (b) Worker's 6 Page 132 of 1743 CFN 20180136487 BOOK 29773 PAGE 924 7OF35 Compensation Insurance covering all persons employed, directly or indirectly in connection with the utilization of the pedestrian and parking easements on the Riverwalk Plaza Parcel; (c) such other insurance as required by law. B. The Riverwalk Owner shall maintain, at its expense: (a) a policy of commercial general liability insurance, with contractual liability broad form general liability endorsement, with limits of at least $3,000,000 per accident, covering any and all claims for injuries to persons in or upon the Riverwalk Plaza Parcel which shall provide coverage for the utilization of the pedestrian and parking easements on the Riverwalk Plaza Parcel, and insuring the indemnity provisions set forth in this Article. (b)Worker's Compensation Insurance covering all persons employed,directly or indirectly in connection with the utilization of the pedestrian and parking easements on the Restaurant Parcel; (c) such other insurance as required by law. C. Except as may be otherwise expressly set forth in other provisions of this Agreement, each Owner covenants and agrees, with respect to its own parcel, to comply with all covenants and provisions herein and with all applicable laws, including but not limited to all municipal laws,ordinances and environmental regulations, and to indemnify, defend and hold each other Owner harmless from and against all claims,demands,losses,damages, liabilities and expenses and all suits, actions and judgments (including, but not limited to, legal fees) arising out of or in any way related to an Owner's failure to maintain its property in a safe condition or to comply with all covenants and provisions herein and all applicable laws. Each Owner also covenants and agrees to give prompt and timely notice of any damage or loss incurred, any claim made, or suit or action commenced against another Owner which in any way would result in indemnification under this Section. Further, each Owner shall indemnify, defend and hold harmless each other Owner from and against all claims, suits, penalties, liabilities, and expenses (including, without limitation, legal fees) for injury to persons (including death) or damage to property arising out of, resulting from, or in connection with, the use by an Owner, their respective occupants, lessees,licensees,and property users of any of the easements herein granted. D. Any insurance policies required to be maintained by the Restaurant Owner and/or valet service hereunder shall name the Riverwalk Owner and its lender as additional insureds as their interests may appear. Any insurance policies required to be maintained by the Riverwalk Owner shall name the Restaurant Owner and its lender as additional insureds as their interests may appear. Such insurance policies may not be modified or terminated without thirty (30) days prior written notice to the other Owner and its lender. Insurance required hereunder shall be issued by reputable and independent insurers permitted to do business in the State of Florida and rated in Best's Insurance Guide, or any successor thereto (or, if there be none, an organization having a national reputation) as having a general policyholder rating of AN or better. Such policies or duly executed certificates of insurance,reflecting all the requirements of this Article, shall be promptly delivered to the appropriate Owner and its Lender and renewals thereof as required shall be delivered to the appropriate Owner and its Lender within three (3) business days after receipt, but not later than ten (10) days prior to the expiration of the respective policies. E. During any period of construction by an Owner, the other Owner shall be named as an additional insured on all such construction related insurances. ARTICLE 6 7 Page 133 of 1743 CFN 20180136487 BOOK 29773 PAGE 925 8OF35 REIMBURSEMENT OF CERTAIN EXPENSES BY RESTAURANT PARCEL A. The Restaurant Owner shall pay to the Riverwalk Owner a contribution toward its share of all common area maintenance expenses pertaining to the pylon sign, asphalt repair and maintenance, landscaping, irrigation, parking lot lights, parking lot sweeping and cleaning, utilities (electricity for parking lot and water for irrigation)and General Liability Insurance for common area of Riverwalk Plaza ("Common Costs"). For purposes of this Agreement,the Restaurant pro rata share of the Common Costs shall be 4.5%. The Restaurant Owner's share shall be not be greater than Five Thousand Dollars ($5,000.00) per annum commencing the calendar year of 2018, and then an amount per annum shall increase annually by the increase in the Consumer Price Index,however,no event shall the amount increase more than three (3%) over the amount paid for the previous year. The first payment shall due on the Effective Date of this Agreement and then on such date for each successive year. Such sum,as estimated by Riverwalk Owner, is for the year in question and subject to increase or decrease as determined by Riverwalk Owner to accurately reflect the Restaurant Owner's obligation. Subsequent to the end of each full or partial calendar year, Riverwalk Owner shall notify Restaurant Owner of the Common Costs and of Restaurant Owner's Prorata Share thereof for such full or partial calendar year. If the total Common Costs paid by Restaurant Owner for any full or partial calendar year is greater than the actual amount due from Restaurant Owner as shown on such notice,Restaurant Owner shall pay to Riverwalk Owner, subject to the limitations in the preceding paragraph, the difference between the amount paid by Restaurant Owner and the total amount due within ten(10)days after receipt of such notice. If the total Common Costs paid by Restaurant Owner for such full or partial calendar year exceeds the actual amount due from Restaurant Owner as shown on such notice, such excess shall be credited against the next Common Cost due from Restaurant Owner to Riverwalk Plaza Owner. Consumer Price Index" shall mean that consumer price index established by the Bureau of Labor Statistics of the United States Department of Labor which is entitled Consumer Price Index,Urban Wage Earners, Clerical Workers, South, all items (1982-84 = 100) or in the event said index is no longer provided by said Bureau of Labor Statistics, the index furnished by said Bureau or other agency which most accurately and completely replaces and is the equivalent of the above referenced index. B. Upon not less than thirty (30) days' prior written notice to Riverwalk, received by Riverwalk not later than ninety (90) days after Restaurant's receipt of a reconciliation statement of Common Costs from Riverwalk, Restaurant shall have the right during normal business hours to audit Riverwalk's records with respect to any Common Costs Operating Expenses passed through to Restaurant for such corresponding calendar year. Failure of Restaurant to audit Riverwalk's records within such ninety(90) day period shall be deemed a waiver of Restaurant's right to audit or dispute any of the Common Costs contained in such statement, which shall thereafter be deemed final and conclusive. Restaurant shall not use a contingency fee based auditor for conducting its audit and Restaurant shall reimburse Riverwalk for all costs incurred by Riverwalk in connection with Restaurant's audit. All information obtained during such audit shall be held in confidence by Restaurant, its employees,agents and auditors. C. Creation of the Lien and Collection. The Restaurant Parcel is, and shall be, subject to a charge and continuing lien in favor of the Riverwalk Owner to secure the payment set forth in Section 1 above together with all other charges and fees set forth in this Declaration, including, but not limited to, 8 Page 134 of 1743 CFN 20180136487 BOOK 29773 PAGE 926 9OF35 interest, costs and reasonable attorneys'(and paralegals')fees(at all levels of proceedings, collection and bankruptcy). The lien is effective from and after recording a Claim of Lien in the Public Records of Palm Beach County, Florida, stating the description of the Parcel, name of the Owner, and the amounts due as of that date. The lien shall also secure any additional amounts which accrue thereafter. Each such charge shall be the obligation of the Restaurant Owner at the time the charge became due,as well as such Owner's successors and assigns. D. Subordination of the Lien to Mortgages. The lien hereunder is effective from and after recording of a Claim of Lien in the public records. The lien shall be subordinate to bona fide mortgages on the Restaurant Parcel, provided such mortgage is recorded in the public records prior to the Claim of Lien. The lien shall not be affected by any sale or transfer of the Restaurant Parcel, except, in the event of a sale or transfer pursuant to a foreclosure of a bona fide mortgage,the acquirer of title, its successors and assigns, shall not be liable for the lien encumbering the Parcel or chargeable to the former owner of the Parcel which became due prior to such sale or transfer. Nothing herein contained shall be construed as releasing the party liable for any delinquent fees from the payment thereof, or the enforcement of collection by means other than foreclosure. Any charges due hereunder shall bear interest at the highest rate allowed by law until collection. ARTICLE 7 DEFAULT A. Restaurant Owner Default. Each of the following shall constitute an Event of Default hereunder: (i) If the Restaurant Owner shall default in the payment of any sums hereunder,and such default shall continue after 10 days written notice to the Restaurant Owner. (ii) If the Restaurant Owner defaults in any willful manner or concerning an obligation of Restaurant Owner as set forth in this Declaration, which is under the control of the Restaurant Owner. (iii) If the Restaurant Owner defaults in any other manner and such default shall continue for the period within which performance is required to be made by specific provision of this Declaration,or, if no such period is so provided,for thirty(30)days. Notwithstanding the foregoing(and even if the Restaurant Owner cures the default within the cure period), the Restaurant Owner shall be responsible for the consequences of any default prior to the cure. (iv) Upon the occurrence of an Event of Default,the Riverwalk Owner shall have all remedies available at law and in equity, and the option to pursue any one or more remedies with written notice in addition to, and not in limitation of any other remedy or right permitted to it by law or in equity or by this Declaration. Any particular remedy specified in this Declaration shall not preclude the Riverwalk Owner from any other remedies under this Declaration, or now or hereafter existing at law or in equity or by statute. 9 Page 135 of 1743 CFN 20180136487 BOOK 29773 PAGE 927 10 OF 35 (v) The Riverwalk Owner, with or without terminating this Declaration and without waiving such Event of Default,may perform,correct or repair any condition which the Restaurant Owner has failed to keep, observe, perform or satisfy. The Restaurant Owner shall fully reimburse and compensate the Riverwalk Owner, on demand, for all costs and expenses incurred by the Riverwalk Owner in such performance, correction or repair, including,without limitation, accrued interest from the date of demand until date of payment at the Default Rate. (vi) If the Event of Default is on account of the failure of the Restaurant Owner to maintain the insurance coverages required by Article 5,or the failure to pay the sums required by Article 6 or the other provisions of this Agreement, the Riverwalk Owner may terminate this Declaration, in which event all easements created herein and all rights of the Restaurant Owner or its customers to utilize any portion of the Riverwalk Plaza shall forthwith terminate. (vii) If the Event of Default is on account of an event other than that described in the paragraph immediately above, the Riverwalk Owner may terminate the Parking Easement created by this Declaration, in which event all the Parking Easement created herein and all rights of the Restaurant Owner or its customers to utilize any portion of the Riverwalk Plaza for parking shall forthwith terminate. Notwithstanding the foregoing, in the event that the Parking Easement is terminated, the Restaurant Owner shall continue to be responsible for maintaining the insurance coverages required by Article 5 and pay all sums required by Article 6 of the other provisions of this Agreement. Notwithstanding the foregoing, the Riverwalk Owner shall not terminate this Declaration on account of an Event of Default by the Restaurant Owner, unless the Riverwalk Owner has first provided the Restaurant Owner with a second five (5) day notice (to run from the expiration of the applicable notice and grace period set forth in Section 1 above) indicating that if the Event of Default is not cured within said five(5)day period,the Riverwalk Owner will terminate this Declaration as aforesaid. (viii) In the event of a breach or threatened breach by the Restaurant Owner of any of the covenants or provisions of this Declaration,the Riverwalk Owner shall have the right of injunction. B. Riverwalk Owner Default. Each of the following shall constitute an Event of Default hereunder: (i) If the Riverwalk Owner defaults in any willful manner or concerning an obligation of Riverwalk Owner as set forth in this Declaration, which is under the control of the Riverwalk Owner. (ii) If the Riverwalk Owner defaults in any other manner and such default shall continue for the period within which performance is required to be made by specific provision of this Declaration,or,if no such period is so provided,for thirty(30)days. Notwithstanding the foregoing(and even if the Riverwalk Owner cures the default within the cure period), the Riverwalk Owner shall be responsible for the consequences of any default prior to the cure. (iii) Upon the occurrence of an Event of Default by the Riverwalk Owner, the Restaurant Owner shall have all remedies available at law and in equity,and the option to pursue any one or more remedies with written notice in addition to, and not in limitation of any other remedy or right permitted to it by law or in equity or by this Declaration. Any particular remedy specified in this Declaration shall not preclude the Restaurant Owner from any other remedies under this Declaration, or 10 Page 136 of 1743 GFN 20180136487 BOOK 29773 PAGE 928 11 OF 35 now or hereafter existing at law or in equity or by statute. (iv) The Restaurant Owner, without waiving such Event of Default, may perform, correct or repair any condition which the Riverwalk Owner has failed to keep, observe, perform or satisfy. The Riverwalk Owner shall fully reimburse and compensate the Restaurant Owner, on demand, for all costs and expenses incurred by the Restaurant Owner in such performance, correction or repair, including, without limitation, accrued interest from the date of demand until date of payment at the Default Rate. (v) In the event of a breach or threatened breach by the Riverwalk Parcel Owner of any of the covenants or provisions of this Declaration, the Restaurant Owner shall have the right of injunction. C. In case of any action or proceeding brought to enforce the terms and provisions of this Declaration, the non-prevailing party in any such action or proceeding shall pay all costs, expenses and reasonable attorneys' fees at all levels of proceeding, including appeals, bankruptcy and collections, incurred by the prevailing party or its agents or both in enforcing the provision of this Declaration. D. No waiver of any covenant or condition or of the breach of any covenant or condition of this Declaration shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition hereof. Except with respect to payment necessary to cure in full a monetary default hereunder, no acceptance of funds by the Riverwalk Owner at any time when the Restaurant Owner is in default hereunder shall be construed as a waiver of such default or of any rights hereunder on account of such default. No waiver or indulgence granted shall be taken as an estoppel. ARTICLE 8 RIGHTS OF MORTGAGEE OF THE RESTAURANT PARCEL A. If Restaurant Owner shall grant one or more mortgages (each, a "Mortgage") to an unrelated third party mortgagee encumbering all or any portion of the Restaurant Parcel,then so long as any Mortgage shall remain unsatisfied of record,the following provisions shall apply: (i) Provided that the holder of such Mortgage (a "Mortgagee") shall provide Riverwalk Owner with notice as provided Section 5(d)hereof, of: (i) the existence of the Mortgage; (ii) the address of the Mortgagee,then Riverwalk Owner, upon serving Restaurant Owner with any notice of default pursuant to Article 7 hereof, or any other notice under the provisions of or with respect to this Declaration, shall, use its best efforts to also serve a copy of such notice (a"Notice of Default") upon each Mortgagee, at the address provided to Riverwalk Owner as aforesaid. Notwithstanding the foregoing, the failure of Riverwalk Owner to provide such notice to a Mortgagee shall not be deemed to affect the rights of Riverwalk Owner hereunder as against the Restaurant Owner. (ii) In case Restaurant Owner shall be in default hereunder,each Mortgagee shall:(i) within fifteen (15) days after its receipt of a Notice of Default with respect to a failure to pay any sums due by Restaurant Owner to Riverwalk Owner under this Declaration, and (ii) within thirty (30) days after its receipt of a Notice of Default with respect to all other defaults,provided, however,if the default Page 137 of 1743 CFN 20180136487 BOOK 29773 PAGE 929 12 OF 35 is of such a nature that it cannot be cured within thirty (30) days, then such thirty (30) day cure period shall be extended for an additional sixty (60) days provided a Mortgagee commences in good faith to cure such default within thirty(30)days after its receipt of the Notice of Default and thereafter diligently attempts to cure such default, have the right to remedy such default, or cause the same to be remedied, and Riverwalk Owner shall accept such performance by or at the instance of any Mortgagee as if the same bad been made by Restaurant Owner. Notwithstanding the foregoing (and even if the Mortgagee cures the default within the cure period), the Restaurant Owner shall, to the extent provided in this Declaration,continue to be responsible for the consequences of any default prior to the cure. (iii) In the event of the termination of this Declaration whether due to the default of Restaurant Owner as provided in this Article 8, or otherwise, Riverwalk Owner shall serve upon each Mortgagee written notice that this Declaration has been terminated,together with a statement of any and all sums which would, at the time, be due under this Declaration but for such termination,and of all other defaults, if any,under this Declaration then known to Riverwalk Owner. Any party which obtains title to the Restaurant Parcel either by deed in lieu of foreclosure or following a foreclosure of a Mortgage(such party,whether a Mortgagee or not, is hereinafter called the"Title Holder")shall have the option to obtain a new Declaration upon its written request within thirty (30) days after the later of the date the Title Holder obtains title to the Restaurant Parcel or the date the Title Holder receives notice from the Riverwalk Owner that it has terminated the Declaration("New Declaration Date"). The new Declaration shall be entered into by Riverwalk Owner and the Title Holder and shall include all the agreements, terms, covenants and conditions of this Declaration, including any applicable rights to reinstate a terminated Declaration as provided in this section. Such new Declaration shall require the Title Holder, as a condition to entering into such new Declaration, to cure any default then existing, which is capable of being cured by such Title Holder as if the Declaration had been in full force and effect for the entire time. ARTICLE 9 MISCELLANEOUS A. Severability. Invalidation of any of the provisions of this Declaration by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. B. Notices. All notices required by this Agreement shall be hand delivered to the other party or mailed by facsimile transmission certified mail,return receipt requested, postage prepaid,to the address set forth below,or at such other address as the parties may hereafter specify in writing: As to Owner: Isram Riverwalk,LLC c/o Isram Realty Management,LLC 506 S.Dixie Highway Hallandale,FL 33009 Attn: Shaul Rikman With a copy to: Alan J.Marcus,Esq. Registered Agent for Isram Riverwalk,LLC 20803 Biscayne Blvd., Suite 301 12 Page 138 of 1743 CFN 20180136487 BOOK 29773 PAGE 930 13 OF 35 Aventura,FL 33180 As to Restaurant: Restaurant Holdings,Inc. 4600 N.Ocean Blvd., Suite 100 Boynton Beach,FL 33435 Attn: Luke Thierien,President With a copy to: Mark A.Perry,Esq. Mark A.Perry,P.A. 50 S.E.Fourth Avenue Delray Beach,FL 33483 C. Approval Condition. The effectiveness of this Agreement is conditioned upon the Shopping Center Owner obtaining all required permits from the municipality for the contemplated redevelopment of Riverwalk Plaza. . In the event that Shopping Center Owner does not obtain such permits from the municipality for the contemplated development of Riverwalk Plaza, Shopping Center Owner may, upon written notice to Restaurant Owner, terminate this Agreement, whereupon the prior agreements shall be forthwith and automatically be reinstated. D. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements or understandings made in connection with the subject matter. Signature page to follow 13 Page 139 of 1743 CFN 20180136487 BOOK 29773 PAGE 931 14 OF 35 IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of March,2018. Witnesses: Isram Riverwalk,LLC, a Florida Limited Liability Company By: Israrn Realty M ement,L a Liability o pany I'rarn Realty Is ori L Liability e tL �any aF Floridada d ab , 0 Shaul y i LA A Print Name: 144 B Zy: P I t Print Name: Shaul Rikmnan Title:Realty Print Name: AkUq STATE OF FLORIDA COUNTY OF MIAMI DADE The foregoing instrument was acknowledged before me this�i day of Jant&T,2018,by Shaul Rikman, of Isram Realty Management, LLC, the Manager of Isram.Riverwalk, LLC. He is personally known to me or has produced a driver's license as identification and did take an oath. Ci r 'P, GINANASONN axy ublic MY COMMISSION#GG M[ om A!�- EXPIRES:August 14,2021 Vmission Expires Bonded Thru Notary Public Unde"ers 14 Page 140 of 1743 CF N 20180136487 BOOK 29773 PAGE 932 15 OF 35 Witnesses Restaurant Holdings,Inc. a Florida corporation Print Na el By: .............. Print Name:Luke Thierien Title:President Print Name:fq11,41 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _L day of?aTu—ary, 2018,by Luke Thierien, the President of Restaurant Holdings, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has roduced a driver's license as identification and did take an oath. !02 � Will JE IF L.STRIGKLAND commission#FF 938575 Expires March 21,2020 Ttu TM F&bwywe WD-345401 otary APublic (My Commission Expires: is Page 141 of 1743 CFN 20180136487 BOOK 29773 PAGE 933 16 OF 35 Exhibit List: Exhibit A Legal Description of Riverwalk Plaza Exhibit A-1 Current Riverwalk Plaza Site Plan Exhibit B Legal Description of Restaurant Parcel Exhibit B-1 Graphic Depiction of Restaurant Parcel Exhibit C Riverwalk Plaza Site Plan Exhibit D-1 Real estate located on the south east portion of Riverwalk Plaza owned by the Restaurant Owner Exhibit D-2 Real estate located directly west of the Restaurant Parcel owned by the Riverwalk Owner Exhibit D-3 Site plan of Restaurant Plaza Parcel after the Exchange is completed. Exhibit D-4 Site plan of the River-walk Parcel after the Exchange is competed. Exhibit E Fifty (50) designated parking spaces to be used for restaurant patrons self- parking or with a Restaurant provided valet service Exhibit F Josie Term Parking Arrangement Exhibit G Pylon Sign Sketch 16 Page 142 of 1743 CFN 20180136487 BOOK 29773 PAGE 934 17 OF 35 Exhibit A Riverwalk Plaza Shopping Center Legal Description All that part of Section 33,Township 45 South,Range 43 East,Palm Beach County,Florida, lying West of the West line of Rousseau's Subdivision, according to the plat thereof, as recorded in Plat Book 1, Page 14, public records of Palm Beach County, Florida, lying East of the East right-of- way line of U.S. Highway no. 1 and North of the Westerly extension of the South line of Lot 2 of said Rousseau's Subdivision, less and excepting the Northerly 50 feet thereof taken for S.E. 15th Avenue and further less and excepting that certain parcel of land described in deed recorded in Official Records Book 8531, Page 148, of said public records. Together with all that part of Lots 1 and 2 of Rousseau's Subdivision,according to the plat thereof, as recorded in Plat Book 1,Page 14,public records of Palm Beach County, Florida,lying West of the West right-of-way line of the Intracoastal Waterway,less and excepting that part taken for S.E. 15th Avenue and further less and excepting that certain parcel of land described in quit-claim deed recorded in Official Records Book 3402,Page 1637 of said public records. All of the above described lands being more particularly described by metes and bounds as follows: Begirming at a point in the West line of Lot said Lot 1 at a distance of 50 feet South of the Northwest corner thereof;thence North 89°41'13" East along a line parallel with and 50 feet South of the North line of said Lot 1, a distance of 83.00 feet to a point (said line also being the South right-of-way line of S.E. 15th Avenue);thence South 8592'58"East,along the South right-of-way line of said S.E. 15th Avenue, a distance of 320.74 feet to a point: thence South 00°18'47" East a distance of 105.00 feet to a point; thence South 72°42'45" East a distance of 30.79 feet to a point; thence South 00018'47" East a distance of 50.00 feet to a point; thence North 89°41'13" East a distance of 21.07 feet to a point; thence South 00°18'47" East a distance of 298.00 feet, more or less, to an intersection with the Westerly right-of-way line of the Intracoastal Waterway; thence South 07°07'50" West, along the said Westerly right-of-way line of the Intracoastal Waterway, a distance of 35.98 feet to a point;thence South 89°41'13" West a distance of 125.00 feet to a point; thence South 07°07'50" West, parallel with the Westerly right-of-way line of said Intracoastal Waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 89°41'13" West, along the South line of said Lot 2 and the Westerly extension thereof, a distance of 669.33 feet, more or less,to a point on the East right-of-way line of U.S.Highway no. 1;thence North 04°57'25" East, along the East right-of-way line of said U.S. Highway no.1, a distance of 225.03 feet to the point of commencement of a curve to the left, concave to the West, having a radius of 2914.93 feet and a central angle of 03°55'10"; thence Northerly, along the arc of said curve, a distance of 199.40 feet to the point of termination of said curve; thence continuing along the East right-of-way line of said U.S. Highway no. 1, North 01°02'15' East, a distance of 27.09 feet to a point; thence North 89°43'15" East a distance of 150.00 feet to a point; thence North 01°02'15" East, along a line parallel with the East right-of-way line of said U.S. Highway no. 1,a distance of 150.00 feet to a point on the South right-of-way line of said S . 15th Avenue; thence Page 143 of 1743 CFN 20180136487 BOOK 29773 PAGE 935 18 OF 35 North 89°43'15" East, along the South right-of-way line of said S.E. 15th Avenue, a distance of 170.15 feet to the point of beginning. Together with a non-exclusive easement for parking as set forth in that certain reciprocal parking agreement and declaration of restrictions recorded in Oficial Records Book 1779, Page 185, public records of Palm Beach County,Florida. And Together with non-exclusive easeunents for ingress and egress for pedestrian and vehicular traffic as set forth in that certain amended and restated reciprocal parking declaration recorded in Official Records Book 17231, Page 1428,public records of Palm Beach County, Florida. All of said lands situate, lying and being in Palm Beach County, Florida. Page 144 of 1743 CFN 20180136487 BOOK 29773 PAGE 936 19 OF 35 aryi33 ; Yi�tf x j g'1 : a s_ q , u @. ®ew3� aalern 79dSY0YblKl�e :�a s,a,i°�: �E��i,3�yi .7 �`®'4:f�' SL'31N/9 7bUP1 g "ppi�$f��'�.r•-�.�i��i 9 ��0 777 TyS,d S!��SS 8Y7rt 7�j 7+8Y0pyT38Pq }a� '" 71737aC57 7nra I#7 OIL" ! e -- �. rs¢� 9n 9 Nnd ai�ffiy�` c gkg^ 6t7 s 1 s ' IY Yg Yfp 4� s$YY r X33 a . 1 ePPE$ 3x- _ it sru lV m f]" Uri I Ul ICL MiI v e. I I 1 i Ri V. M Et S r 49 b 0111—d MWYtl w Int Lela 3� 35� a� gjr9+t: g 7.st.m ew •acscx.pp¢sstsr. „n. ■ 32jd1111 ag -.1. � l lssN H mL F 1.CLP 7.SL{5wy fn,ey p I ti! 'e£e£oOlauoem WOR QVOd 31V1S) 4 'ON .VMH01H 'S'n sill fil�`s v�i!fli33�1d3. 32 gF ._ ya?�tieela3�a9 Page 145 of 1743 CFN 20180136487 BOOK 29773 PAGE 937 20 OF 35 Exhibit Restaurant Parcel Legal Description A tract of land in the Southeast corner of Lot 2 of ROUSSEAU'S SUBDIVISION, as recorded in Plat Book 1,Page 14,Public Records of Palm Beach County,Florida, and more particularly described as follows: Commencing at a point in the West line of Lot 1, distant 50 feet South of the Northwest corner thereof,of said ROUSSEAU'S SUBDIVISION;thence South 00° 59' 57" East along the West line of said Lots 1 and 2, a distance of 600.00 feet to the Southwest coiner of said Lot 2; thence North 89° 4P 13" East along the South line of said Lot 2, a distance of 305.66 feet to the POINT OF BEGINNING;thence continuing North 89° 41' 13" East along the South line of said Lot 2, a distance of 125.00 feet more or less to an intersection with the Westerly right-of-way line of the Intracoastal Waterway; thence North 07° 07' 50" East along the said Westerly right-of-way line of the Intracoastal Waterway, a distance of 80.00 feet to a point; thence South 89° 41' 13" West, a distance of 125.00 feet to a point; thence South 07° 07' 50" West and parallel with the Westerly right-of--way of said Intracoastal Waterway, a distance of 80.00 feet to the POINT OF BEGINNING. All that part of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION, lying adjacent to the Intracoastal Waterway as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County,Florida,except that part taken for S.E. 15th Avenue;and more particularly described as follows: Commencing at a point in the West line of said Lot 1, distant 50 feet South of the Northwest corner thereof, thence North 89° 41' 13" East along a line parallel with and 50 feet South of the North line of said Lot 1,a distance of 83.00 feet to a point; said line also being the South right-of-way line of S.E. 15th Avenue; thence South 85° 32' 58" East, also along the South right-of-way line of said S.E. 15th Avenue, a distance of 320.74 feet to the POINT OF BEGINNING;thence South 00° 18,47" East, a distance of 105.00 feet to a point; thence South 72°42'45" East, a distance of 30.79 feet to a point;thence South 00° 18'47" East,a distance of 50.00 feet to a point; thence North 89° 4P 13" East, a distance of 21.07 feet to a point; thence South 00° 18' 47" East, a distance of 298.00 feet, more or less, to an intersection with the Westerly night-of-way line of the Intracoastal Waterway;thence North 07° 07' 50" East along said Westerly right-of-way line of the Intracoastal Waterway, a distance of 457.03 feet to a point on the South right-of-way line of said S.E. 15th Avenue, thence North 85° 32' 58" West along the said South right-of-way line of S.E. 15th Avenue, a distance of 110.00 feet to the POINT OF BEGINNING. Page 146 of 1743 CFN 20180136487 BOOK 29773 PAGE 938 21 OF 35 xr.film qw EMT tq a9'aiE yR i� €j�f�i �;5°�'f6Yflit I�il'f Y f Y it � � �A } aEAIF'�'.tt ft yrfl 'E ¢ 1 em f o 1,gi --�- �,`•i�� Er�`� (k. � •��a� 1 k�. 't�`t r c I4 if a Fly ' h1''—'a? �J 4 +, { x f ��,�jrqq 3i F fik F ,i ? to tp xri�'`c � a; �dF2E H S rik \ e6 Ic I � �$ Z �•` j/ y Ldd t,f1riv !� E r k I fit! Page 147 of 1743 CFN 20180136487 BOOK 29773 PAGE 939 OF 35 MRS bb 2 � e ° v _ e I Lr r § 1 (b Ns CLQ::^/ �`;•� �__.._.axwrwra- Y3 t 1 live Iz . F 4 Page 148 of 1743 CFN 20180136487 BOOK 29773 PAGE 940 - 23 OF 35 DESCRIPTION OF PARCEL "A" COMMENCING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGH-OF-WAY LINE OF S.E. 15T14 AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-'WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 431.1 Z FEET MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE IPlTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 07 MINUTES 5D SECONDS WEST, ALONG. SAID WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY A DISTANCE OF 270.28 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 268.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE OF 35.39 FEET TO THE POINT OF BEGINNING. CONTAINING '4743.35 SQUARE FEET, 0.11 ACRE MORE OR LESS. Exhibit"D-l"'--D-1 Property (4 pages) I HEREBY CERIFY THAT THE SKETCH & DESCRIPTION HEREIN'WERE PERFORMED UNDER © COPYRIGHT DEAN SURVEYING 20 t 6 MY SUPERASION AND it COMPLIES 'NTTH THE MINIMUM TECHNICAL 5TANNDARDS, AS U V e.y i n g0FFRSURVEYORS AND 20S 5J-17 OF LOR DA ADMINISTRATIVE CODEPU UTT TO SECTION 4727 and Mapping, in Inc.STATUTES. � "The Measuring Line Shall Go Forth' Jeremiah 31:39 NOTE: 4201 Westgate Avenue THIS DRAWING 1S NOT VALID WITHOUT Suite A3 THE EMBOSSED SEAL OF THE SURVEYOR 'rVesi Palm Beach,. Florida 33409 Tel:(561)625-8748 Facsimile (561)626-4558 SURVEY IS BASED UPON DATA RICHARD N. DEAN Field AS FURNISHED BY CLIENT. ONLY FILED PROFESSIONAL SURIEYOR & MAPPER Date 01-04-16 PIAT DATA IS SHOWN, UNLESS STATED FLORIDA-CERTIFICATE NO. 4406 C.A.D.D. D.J.Nt. Scale N/A OTHERWISE. LB 6936 Sheet 1 of 2 Job No. 015-3205-A Page 149 of 1743 CFN 20180136487 BOOK 29773.PAGE 941 24 OF 35 0 60 120 240 GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, WOOLBRIGHT ROAD RANGE 43 EAST (81. 15th AVENUE) al N89'41'1YE NORTH LINE LOT 83.00' P-O.C. 585-32'58"E 431.720 S-E. 15th AVEMU, WESTERLY R/W INTRACOASTAL WATERWAY U" ro P.O.B. C:)k 2 Co Uj PARCEL "A" N89'41 131 35.39' Uj Of 3:: Uj b VT q 00 CV C14 nz 0 04 00 V) 0 0 Uj cn w SOUTH LINE LOT 2 Legend A Indicates Arc Lenth R/W Indicates Right—of—Way Exhibit""D-1"^D-1 Property(4 pages) R Indicates Radius P.O.C. D Indicates Delta Angle P.O.B. Indicates Point Of Beginning NOTE: THIS IS NOT A BOUNDARY SURVEY COPYRIGHT DEAN SURVEYING 2016 can Surveying and M 'I apping, Inc. The klausu( - ing Line Shall Go Forth'Jeremiah 31.39 4201 Westgate Avenue Suite A3 ADJUSTED DISTANCES 1/1E4/16 West Palm Beach, Florida 33409 REVISIONS Tel:(561)625-8748 Facsimile (561)626-4558 TITLE DATE I Field Date 01-04-16 C.A.D.D. D.J.M. Scale 1" = 120' RIVERWALK PLAZA Sheet 2 of 2 Job No, 015-1205-A Page 150 of 1743 CFN 20180136487 BOOK 29773 PAGE 942 25 OF 35 DESCRIPTION OF PARCEL "B" CObIMENCING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A -DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E, 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-'FLAY LINE OF SAID S.E. 15TH AVENUE, c A DISTANCE Or 31.12 FEET MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY; THENCt SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 488.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG SAID I WESTERLY RIGH[`-OF-WAY OF THE INTRACOASTAL WATERWAY A DISTANCE OF 80.00 FEET, THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 125.72 FEET; THENCE NORTH 07 DEGREES 07 ,MINUTES 50 SECONDS EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A 01.5TANCE OF 125.72 FEET TO THE POINT OF BEGINNING. CONTAINING 10.057.60 SQUARE FEET, 0.23 ACRE MORE OR LESS. Exhibit "D-l- -D-1. Property(4 pages) I >iE,4fBY CERi101 THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER © COPYRIGHT DEAN SURVEYING 2016 1{Y SUPERVISION AND IT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, ASDean Surveying SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHARTER' OC 5J-17 OF THE FLORIDA ADMINISTRATE E CODE, PURSUANT TO SECTION 472.027rt and Mapping, Inc. FLORIDA STATUTES. the Measuring Line Shall Go Forth" Jeremiah 31:39 4201 Westgate Avenue ROTE' Suite A3 THIS DRAINING 1S NOT VALID WITHOUT Palm Beach, Florida 33409 THE EMBOSSED 5EA1. OF THE SURVEYOR Tel:(561)625-8748 Facsimile (561)626-4558 SURVEY IS BASSO UPON DATA RICHARD N. DEAN Field I Dote 01-04-16 AS FURNISHED BY CLIENT. ONLY FILED PROFESSIONAL SURVEYOR & W+PPER PLAT DATA IS SHOWN, UNLESS STATED FLORIDA CERTIFICATE NO. 4406 C.A.D.D. D.J.M. I Scale . N/A OTHERIYISE. LB 6936 Sheet 1 of 2 I Job No. 015-1205-B Page 151 of 1743 CFN 20180136487 BOOK 29773 PAGE 943 26 OF 35 .5' 2' GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, WOOLBRIGHT ROAD /RANGE 43 EAST (S.E. 15th AVENUE) N89'41'13"E NORTH LINE COT I 83.00' 5'32'58"c- P.O.C. so()- 431.12'-L/- R/W S.E. 15th AVENUE Uj Uj w Q: p_ z cv ren 0) cl- o UJ cn z N89*41'13"E V3 bi 125.72' 0 CD SOUTH LINE LOT 2 CD co C� Legend 125.72' S89'41'13"W A Indicates Are Lenth R/%11 Indicates Right-of-Way Exhibit "'ID-l" D-1 oprtY pag ) R Indicates Radius P.O.C. lhdicates P6int Of Cornmencrnent PreR es D Indicates Delta Angle P.O.B. Indicates Point of Beginning NOTE: THIS IS NOT A BOUNDARY SURVEY COPYRIGHT DEMI SURVEYING 2016 Dean Surveying ' and Mapping, Inc. "The Measuring Line Shall GD Forth" Jeremiah 31:39 4201 Wes'gote Avenue Suite A3 'Nest Palm Beach, Florida 33409 REVISIONS Tel:(561)625-8748 Facsimile (561)626-4558 DATE FieldDot-, TITLE 01-04-16 C.A.D.D. D.J.bl. Scale 1" = 120' RIVERWALK PLAZA Sheet 2 of 2 Job Na. Of5-1205-8 Page 152 of 1743 CFN 20180136487 BOOK 29773 PAGE 944 — _, — 27 OF 35 DESCRIPTION OF PRIME CATCH ADDITION COMMENCING AT A POINT IN THE WEST LINE OF LOT 1, i � THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREEDS 41 MINUTES 50 FEET SOUTH OF A ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINO� SAID LO13 CODA EAST DISTANCE OF 83.00 FES TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH DIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 152.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ONDS EAST, SOUTH 85 DEGREES 32 MINUTES'58 SEC ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 167.92 FEET; THENCE SOUTH 00 DEGREES 18MINUTES-47 SECONDS EAST, A DISTANCE OF 85.00 FEET; THENCE SOUTH 89 DEGREES 41 -MINUTES 13 SECONDS WEST, A DISTANCE OF 167.39 FEET; THENCE NORTH 00 DEGREES 18 -MINUTES 47 SECONDS WEST, A DISTANCE OF 98.95 FEET TO THE POINT OF BEGINNING. CONTAINING. 15,395.63 SQUARE FEET, 0.35 ACRE MORE OR LESS Exhibit "D-2"—D-2 Property(2 pages) I HEREBY CERTIFY THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER © COPYRIGHT DEAN SURVEYING 2016 MY SUPERVISION AND•I,COMPLIES WITH THE MINIMUM TECHNIGAL STANDARDS AS Dean Surveying JFLORIDA VCHARTER �5-17 OF THE FLORIDAFLORIDAADMINISTRATIE CODE,, PURSUANT TO SEC-PION 427 and Mapping' InC.FLORlOA STATUTES. The Measuring Une Shall Go Forth" Jeremiah 31:39 NOTE: 4201 Westgate Avenue THIS DRAIVING IS NOT VALID WITHOUT Suite A3 THE EMBOSSED SEAL OF THE.SURVEfOR -Vest Palm Beach, Florida 33409 Tel:(561)625-8748 Facsimile (561)626-4558 SURVEY IS BASED UPON DATA RfCHARD N. DEAN Field AS FURNISHED BY CLIENT. ONLY FILED PROFESSIONAL SURVEYOR & MAPPER Date 01-04-16 PLAT DATA IS SHOWN, UNLESS STATED FLORIDA CERTIFICATE NO. 4406 C.A.D.D. D.J.M. Scale N/A OTHERWISE. LS 6936 Sheet 1 of 2 lJob No.015=1205-PC-ADD Page 153 of 1743 CFN 20180136487 BOOK 29773 PAGE 945 28 OF 35 0 60 120 240 GRAPHIC SCALE /NOITHWIST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, WOOLBRIGHT ROAD RANGE 43 EAST (S.F. 15th AVENUE) �JN89'4VIYE S85-32'58"E NORTH LINE LOT 1 83.00' i 52.77' 585'32'5 "E P.O.C. 1 167.97 SOUTH R/W S.E. 15th AVENUc-j CD 110.00' P.O.13 1c�4-c6 00 DO 0 167.39 n Co C) S89;41' 3"W' V) Lj I-- A- Of vi Pz 0 � Cf) Uj SOUTH LINE LOT 2 Legend A Indicates Arc.Lenth R/W Indicates Right-of-Vigy - Exhibit "D-2" D-2 Property(2 pages) R Indicates Radius P.O.C. Indicates Point Of Cornmencrnent Indicates Delta Angle P.O.B. IndiC'at0S Point Of Beginning NOTE:.THIS IS NOT A BOUNDARY SURVEY COPYRIGHT DEAN SURVEYING 2016 can Surveying and Mapping, Inc. /16 'The Measurling line Shall Go Forth' Jeremiah 31:39 4201 Westgate Avenue Suite A3 ADJUSTED DISTANCES =1/14West Palm Beach, Florida 33409 /1 61 74 Tel:(561)625-8748 Facsimile (561)626-4558 4---1 6' REVISIONS DATE Field Date-�j TITLE ............................ 01-04-16 C.A.D.D. D.J q. Scale 120' RIVERWALK PLAZA Sheet 2 of 2 Job No.015-1205-pC-ADD Page 154 of 1743 CFN 20180136487 BOOK 29773 PAGE 946 29 OF 35 DESCRIPTION OF PRIDE CATCH COMMENCING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LIME OF SAID- LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGH-OF-WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 152.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-Y/AY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 278.34 FEET ,MORE OR LESS TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 186.72 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 35.39 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 21.07 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 50.00 FEET; THENCE NORTH 72 DEGREES 42 MINUTES 45 SECONDS WEST, A DISTANCE OF 30.79 FEET; THENCE NORTH OD DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 167.39 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 99.00 FEET TO THE POINT OF BEGINNING. CONTAINING 30,909.08 SQUARE FEET, 0.71 ACRE MORE OR LESS. I Exhibit "D-3"—Restaurant Property after Swap (2 pages) COPYRIGHT DEAN SURVEYING 2016 1 HEREBY CERTIFY THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER MY SUPERVISION AND IT COMPLIES 1XI-I THE MINIMUM TECHNICAL STANDARDS, AS Dean Surveying RTER 5-J—17 OF THE FLORIDA ADMINISTRATIVE CODE, PUFORTH 9Y THE FLORIDA BOARD OF RSUANT-AND ATO SECTION 4APPERS IN 72 027 and Mapping, Inc FLORIDA STATUTES. "Me Measuring Line Shall Go Forth" Jeremiah 31:39 4201 Westgate Avenue NOTE: Suite A3 THIS DROING IS NOT VAUD WITHOUT Vest Palm Beach, Florida 33409 THE EMBOSSED Suit OF THE SURVEYOR Tel:(561)625-8748 Facsimile (561)626-4558 SURVEY IS BASED UPON DATA RICHARD N. DEAN Field Date 01-04-16 AS FURNISHED BY CLIENT, ONLY FILED PROFESSIONAL SURVEYOR & MAPPER PLAT DATA IS SHOVIN, UNLESS STATED FLORIDA CERTIFICATE 140. 4406 C.A.D.D. D.J.M. Scale N/A OTHERWISE. L8 6936 Sheet 1 of 2 Job No. 015-1205-PC Page 155 of 1743 CFN 20180136487 BOOK 29773 PAGE 947 30 OF 35 1 0 60 120 240 GRAPHIC SCALE /NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, WOOLBRIGHT ROAD RANGE 43 EAST (S.E. 15th AVENUE) N893-41,13"E S85',3 NORTH LINE LOT 1 8 .00' 2'58"E P.O.C. 152.77'.3: 185'32'58"E 278.34+/ SOUTH R/W S.E. 15th AVENUE DO P.O.B. 00 - IM o DO SS 41'13"W 167.39 0 N0918'47"W 20.00 N72'42'45"W- 30.79' N60113'47"IN 50.00' Lj S89'41'13"W 21.0 - Uj fr- _--n: NOO'18'47"W 30.00 C; S89'41'1 3V35.3 c5 v z; EnUj O C14 C\1 Ll- DO J C) Uj _Rz Ln UJ Ld SOUTH LINE LOT 2 ........... Legend Exhibit" -3"—Restaurant PrOperty after Swap (2 pages) A Indicates Arc Lenth R/Y1 Indicates Right-of-Ploy R Indicates Radius P.O.C. Indicates Point Of comrnencMenj D Indicates Delta Angle P.O.B. Indicates point of Beginning NOTE. THIS IS NOT A BOUNDARY SURVEY @ COPYRIGHT DEAN SURVEYING 2016 can Sur'veying (Ind Mapping, Inc. 'The Meosuring line Shall Go Forth" Jeremiah 3I:39 4201 Westgate Avenue Suite A3 ADJUSTED DISTANCES 'Nest Palm Beach, Florida 33409 1/14/16 REVISIO,\jS Tel:(561)625-8748 Facsimile (561)626-4558 DATE Field Date 01-04-1-6TITLE C,A.D.D. D.J.M. Scale I TCV L RWERWALK PLAZA Sheet 2 2 Job No. 015-1205-PC Page 156 of 1743 CFN 20180136487 BOOK 29773 PAGE 948 31 OF 35 DESCRIPTION OF POST LAND SWAP BEGINNING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LIME ALSO BEING THE SOUTH RIGH-OF-WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 152.72 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 98.95 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE -OF 168.00 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE DF 20.00 FEET; THENCE SOUTH 72 DEGREES 42 MINUTES 45 SECONDS EAST, A DISTANCE OF 30.79 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 50.00 FEET-; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE OF 21.07 FEET; THENCE SOUTH OD DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE OF 35.39 FEET MORE OR LESS; TO AN INTERSECTION WITH THE WESTERLY RiGHT-OF-WAY OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 382.24 FEET ,MORE OR LESS TO THE SOUTH LINE OF LOT 2; . THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2 AND THE WESTERLY EXTENSION THEREOF, A DISTANCE OF 795.05 FEET, IMORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U.S.. HIGHWAY NO.1; THENCE NORTH 04 DEGREES 57 MINUTES 25 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY RO.1, A DISTANCE OF 225.03 FEET TO THE POINT OF COMMENCEMENT OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2914.93 FEET AND A CENTRAL ANGLE OF 03 DEGREES 55 MINUTES 10 SECONDS; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.40 FEET, TO THE POINT OF TERMINATION OF SAID CURVE; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO.1, NORTH 01 DEGREES 02 IMINUTES 15 SECONDS EAST, A•DISTANCE OF 27.09 FEET TO A POINT;- THENCE NORTH 89 DEGREES 43 MINUTES 15 SECONDS EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE NORTH 01 DEGREES 02 MINUTES 15 SECONDS EAST, ALONG A LINE PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO. 1, A DISTANCE OF 150.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID-S.E. 15TH AVENUE; THENCE NORTH 89 DEGREES 43 MINUTES 15 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY OF SAID S.E. 15TH AVENUE, A DISTANCE OF 170.15 FEET TO THE POINT OF BEGINNING. CONTAINING 425,763.55 SQUARE FEET, 9.77 ACRES MORE OR LESS. Exhibit "D-4"— Riverwalk Plaza Property after Swap (2 pages) Q COPYRIGHT DEAN SURVEYING 2016 1 HEREBY CERTIFY TWIT THE SKETCH do DESCRIPTION HEREIN WERE PERFORMED UNDER �+ MY SUPERVISION AND ITI COMPLIES MIH THE MINIMUM TECHNICAI STANDARDS, AS Dean Surveying SE FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHARTER ` �< 5J* 17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUPF TO SECTION 472.027 and No , Inc. FLORIDA STATUTES. 'The Measuring Line Shall Go Fort,)" Jeremiah 31:39 NOTE4201 Westgate Avenue : Suite A3 THIS DRAVIING IS NOT VAUD WITHOUT West Palm Beach, Florida 33409 THE EMBOSSED SEAL. OF THE SURVEYOR Tel:(561)625-8748 Facsimile (561)626-4558 DESCRIPTION IS BASED UPON DATA RICHARD N. DEAN Field. Date 01-04-16 AS FURNISHED BY CLIENT. ONLY FILED PROFESSIONAL SURVEYOR & MAPPER PLAT DATA IS SHOWN, UNLESS STATED FLORIDA CERTIFICATE NO. 4406 C.A.D.D, D.J.M. Scale N/A OTHER'IIISE. LB 6936 Sheet 1 0f 2 Pob No. 015-1205-LS Page 157 of 1743 CFN 20180136487 BOOK 29773 PAGE 949 32 OF 35 0 60' 120' 240' GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST WOOLBRUT ROAD i(S."'E. 15th AVENUE) Z=� C:� NORTH LINE7 LOT I N89'43'1 5"E C5 89'4-113"E S85'32'5P'T- q 17 ® N89®0'13"E 152-77 POINT 0117 BEGINNING NOT INCLUDED SOUTH RIW S.E. 15th AVENUE 00 01 0*'CL) N89'41'13 E 167.39' C� Z 150.00 SOD'1 8'47"E MO S72'42'45"E 30.79' Uj I_ S0018V"E 50.00' to Cn "t LU N89'41'1 3"E 21.07' C, 500'18'47"E 30.00'--'__"' N89'41 I YE 35,39' C-0 C14 toco LU _j _j z. ., SU co LU Uj CD SOUTH LINE LOT 2 S89'41'13"W 794.95' Legend Exhibit "D-4"—Riverwalk Plaza Property after Sp (2 pages) A indicates Art: With R1W Indicates Right—of—woy R Indicates Radius P.O.C. Indicates Point Of Commencment NOTE: THIS IS NOT A BOUNDARY SURVEY D Indicates Delta Angle P.O.B. Indicates Point Of Beginning COPYRIGHT DEAN SURVEYING 2016 Dean Surveying and Map-ping, Inc.' 'fhe Measuring Line Shall Go Fadh' Jeremiah 31:39 4201 Westgate Avenue Suite A3 ADJUSTED DISTANCES 1/14/16 West Palm Beach, Florida 33409 -_ Tel:(561)625-8748 Facsimile (5.61)626-4558 REVISIONS DATL Field D cc,Le 01-04-16 TITLE [C.A.D.D. D.J..M. Scale 120' RIVE MNALK PLAZA Sheet 2 of 2 ob No. 015-1205—LS Page 158 of 1743 CFN 20180136487 BOOK 29773 PAGE 950 33 OF 35 Er Yid Egg 2 ��5 t 6 FP �n AIN 15 , fu 4•' 1 J .. •-f- `t � °gam I 7 �c-.°."°.d-'--`-2-y::-2-'-`-°'-0-.'...'•`�•' •-"-�—T,�-,r'✓� Sgi- II b S L ti � 71 ;:a mcd! - �'�•.^-.r,':.-i'�-r"':�-%'S-+.�..��:rs:.ams - E.. ;,�-P,' t z fi_ < Yx CJ fie p. i�I �� °I Iti ($„-s•-- '-'-r:i- J --- .�-ter..-- Lj � ry.. }! � �.-•T(1 r G'" �.�'�_ _-r:'+:�J.•_._...��•_ _ _• _- a-$$:. S-";r!:r`� .--•�.-°yes-�:..`}?� �z t• _;}IFS ... 8 t..,l�y_,�� est � I �g� � � o�.� u"`1 u a t}, er, {; `r. is t" ° i �'(``• -t. e r r � � r"• �4a 91 ' t r ® i�. -. pv4y'i t, WD •� 9 se�2 tea# {I W� � ,:{{� l;i ��ji I e t =t LU } i� f :r ��jt �,� _... � j e s `•y� �.$-�..I ice+-. ° i { '(_ -----------• �a'• r eivaJarirru�aae kj1 146 R2�Y}, Page 159 of 1743 CFN 20180136487 BOOK 29773 PAGE 951 340F35 so --.. -- -- AVAL'�e3�YYM`VLSSU:K911Ae 'P �''c x s 6.°.9 + , .moi( .°,,+I l -�--w- a':t,->-R-L r,.+!-.•.-:..,rt:L ':: "'"�S"Ci--^- r . d� 3i,�'•�y '?-:i `�'__` �;d `3 `®�, s{� � � E i° ° Fa w I t � � % la ie lLY �' t. - ' •Q ta._ d f ( -..-:s-::•_w-t.•:fi'a•" '} _ Ik t, F �• i E I bn � � � e5� ti{�i e I i• Lam.,,,.°c I. I � I ��E I � I�.� ..is-�� } I� t 8 F 3 J-4-, w t I f' tI�t CES `; �j ` aS1 i e 1 �} { xs J BEFp E..>r�e: cu ----------------- r..__i.. - I� � s � .7 �-_•s�:.;c. �: -`1:+_ -r �"j , .I-,_ g.,. '� °•i'a •3 3 CLI -- bu- 3�1g1 INS SM -s 8 IY [ ��yj4 x - { Page 160 of 1743 CFN 20180136487 BOOK 29773 PAGE 952 35 OF 35 a LLI LLJ O F— LU �- LLJ ( " V CL rah'eZ ai$"®Z n9''Z' "t yp lr• •4 Gr µ` dd. d } n CLS C) 44r ® D ai V £ K c •i � �. � p � t w `. h � r tK ✓�.+, WR M } Page 161 of 1743 Prepared by and return to: ALAN J.MARCUS,Esq. ALAN J.MARCUS,Attorney at Law 20803 Biscayne Boulevard Suite 301 Aventura,FL 33180 305-937-1800 File Number: Riverwalk-swapl. --[Space Above This Line For Recording Data]_ Warranty Deed This Indenture made this 6th day of September, 2019 between RESTAURANT HOLDINGS, INC., a Florida corporation whose post office address is 4600 N. Ocean Blvd., Suite 100, Boynton Beach, FL 33435 of the County of Palm Beach, State of Florida, grantor*, and ISRAM RIVERWALK, LLC, a Florida limited liability company whose post office address is 506 S.Dixie Highway,Hallandale,FL 33009 of the County of Broward,State of Florida,grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County,Florida,to-wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein. Parcel Identification#:A portion of 08-43-4534-01-000-0012 and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. "Grantor"and"Grantee"are used for singular or plural,as context requires. DoubleTirneO Page 162 of 1743 In Witness Whereof,grantor has hereunto set grantor's hand and sea]the day and year first above written. Signed,sealed and delivered in our presence: RESTAURA T HOL IS, INC., a Florida corporation By: Wi ne a fel E N LUKE THERIEN,President z itnes ame: State of Florida County of_ 7qlM The foregoing instrument was acknowledged before me this day of h,2019 by LUKE THERIEN, President of RESTAURANT HOLDINGS,INC.,a Florida corporation,on behalf of the corporation. He is personally known to me or U has produced a driver's license as identification. [Notary Seal] otary Publi Printe&11Narnq,,--/ MWPERRY GG 220320 TW 24,2022 My Commission Expires: VkwAt Plarrant),Deed(Staturory Forn?)-Page 2 DoubleTime® Page 163 of 1743 . .. DESCRIPTION OF PARCEL "A" A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST BEING A PART OF LOT 1 AND LOT 2, OF ROSSEAU'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: COMMENCING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 430.74 FEET MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY RIGHT—OF—WAY OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 186.82 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG SAID WESTERLY RIGHT—OF—WAY OF THE INTRACOASTAL WATERWAY A DISTANCE OF 270.28 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 268.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE OF 35.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4690 SQUARE FEET, 0.10 ACRE MORE OR LESS. REVISE DESCRIPTION TO ADD PRELUDE & ADJUST DISTANCE 8/20/19 © COPYRIGHT DEAN SURVEYING 2016 1 HEREBY CERTIFY THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER Dean Survey i n g MY SUPERVISION AND IT COMPLIES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER and Mapping, n C. 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. "The Measuring Line Shall Go Forth" Jeremiah 31:39 4201 Westgate Avenue NOTE: Richard N Digitally signedby Suite A3 RichardNDean West Palm Beach, Florida 33409 THIS DRAWING IS NOT VALID WITHOUT Dean Oat e:2019.08.21 THE EMBOSSED SEAL OR DIGITAL 09:35:05-04'00' Tel:(561)625-8748 Facsimile (561)626-4558 SIGNATURE OF THE SURVEYOR RICHARD N. DEAN Field Date 01-04-16 PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 4406 C.&D.D. D.J.M. Scale N/A LB 6936 Sheet 1 of 2 Job No. 015-1205A Page 164 of 1743 0 60 120 240 GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 344, TOWNSHIP 45 SOUTH, RANGE 43 EAST WOOLBRIGHT ROAD (S.E. 15th AVENUE) N89*41'13E NORTH LINE LOT 1 83.00,—. S85'3--2 5-8-"E 430.74' P.O.C. SOUTH R/W S.E. 15th AVENUE WESTERLY R/W INTRACOASTAL WATERWAY C ra V) co (0 P.O.B. C:) PARCEL N89'41'1 YE 35.00' ro U) 4- Uj of (D CD zo CV 0 03 Vy C14 Wp M 0 w Lj FUj — M Uj Lu SOUTH LINE LOT 2 Legend A Indicates Arc Lenth R/W Indicates Right—of—Way R Indicates Radius P.O.C. D Indicates Delta Angle P.O.B. Indicates Point Of Beginning NOTE: THIS IS NOT A BOUNDARY SURVEY (D COPYRIGHT DEAN SURVEYING 2016 Dean Surveying and Mapping, Inc. 'The Measuring Line Shall Go Forth' Jeremiah 31:39 4201 Westgate Avenue Suite A3 West Palm Beach, Florida 33409 REVISE DESCRIPTION TO ADD PRELUDE 8/20/19 Tel:(561)625-8748 Facsimile (561)626-4558 REVISIONS DATE Field Date 01-04-16 TITLE C.A.D.D. D.J.M. Scale 1 120' RIVER ALK PLAZA Sheet 2 of 2 Job N0.015-1205A Page 165 of 1743 DESCRIPTION OF PAREL B A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST , BEING A PART OF LOT 2, OF ROSSEAU'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: COMMENCING AT A POINT IN THE WEST LINE OF LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 430.74 FEET MORE OR LESS, TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY; THENCE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, A DISTANCE OF 488.96 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 07 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY A DISTANCE OF 80.00 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 125.72 FEET; THENCE NORTH 07 DEGREES 07 MINUTES 50 SECONDS EAST, A DISTANCE OF 80.00 FEET; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST, A DISTANCE OF 125.72 FEET TO THE POINT OF BEGINNING. CONTAINING 10.057.60 SQUARE FEET, 0.23 ACRE MORE OR LESS. REVISED DISTANCE ALONG WOOLBRIGHT 8/20/19 REVISED DESCRIPTION TO ADD PRELUDE 8/13/19 © COPYRIGHT DEAN SURVEYING 2016 1 HEREBY CERTIFY THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER .! Dean Surveying MY SUPERVISION AND IT CDMPUES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHARTERgi a n d Mapping, Inc. 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. The Measuring Line Shall Go Forth" Jeremiah 31:39 Richard Digitally signed by4201 Westgate Avenue NOTE: Richard N Dean Suite A3 THIS DRAWING IS NOT VALID WITHOUT Dean Date:2019.08.21 t Palm Beach, Florida 33409 THE EMBOSSED SEAL R DIGITAL 09:37:40-04'00' Tel: 561 625-8748 Facsimile 561 626-4558 SIGNATURE OF THE SURVEYOR ( ) ( } RICHARD N. DEAN Field Date 01-04-16 PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 4406 C.A.D.D. D.J.M. Scale N/A LB 6936 Sheet 1 of 2 Job No. 015-1205-B Page 166 of 1743 0 .5' 1' 2' GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST WOOLBRIGHT ROAD (S.E. 15th AVENUE) N89'41'13>'E NORTH LINE LOT 1 CD 83.00' 585'32'58"E 4130.74'+/- P.O.C. SOUTH I MW S.E. 15th AVENUE F -H o W Uj I-- (n 00 Uj 6 -q7 Qf o 2: o C-j 0 LU P.O.B. Ld U) N89'41'1 31 V) �6 Li iii 125.72' w19: C) C3 oU'j K C;71 SOUTH LINE LOT 2 I 125.72 con Legend 589'41'13"W A Indicates Arc Lenth R/W Indicates Right—of—Way R Indicates Radius P.O.C. Indicates Point Of Cornmencrnent D Indicates Delta Angle P.O.B. Indicates Point Of Beginning NOTE: THIS IS NOT A BOUNDARY SURVEY @ COPYRIGHT DEAN SURVEYING 2016 Dean Surveying and Mapping, Inc. "The Measuring Line Shall Go Forth" Jeremiah 31:39 4201 Westgate Avenue REVISED DISTANCE ALONG WOOLBRIGHT 8/20/19 Suite A3 West Palm Beach, Florida 33409 REVISED DESCRIPTION TO ADD PRELUDE 8/13/19 Tel:(561)625-8748 Facsimile (561)626-4558 REVISIONS DATE Field Date 01-04-16 TITLE C.A.D.D. D.J.M. Scale 1" = 120' RIVERWALK PLAZA Sheet 2 of 2 Job No. 015-1205—B Page 167 of 1743 Prepared by and return to: ALAN J.MARCUS,Esq. ALAN J.MARCUS,Attorney at Law 20803 Biscayne Boulevard Suite 301 Aventura,FL 33180 305-937-1800 File Number: Riverwalk-Swap [Space Above This Line For Recording Data] Warranty Deed This Indenture made this 6th day of September, 2019 between ISRAM RIVERWALK, LLC, a Florida limited liability company whose post office address is 506 S. Dixie Highway,Hallandale, FL 33009 of the County of Broward, State of Florida, grantor*, and RESTAURANT HOLDINGS, INC., a Florida corporation whose post office address is 4600 N.Ocean Blvd.,Suite 100,Boynton Beach,FL 33435 of the County of Palm Beach,State of Florida,grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County,Florida,to-wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth herein. Parcel Identification No.A Portion of 08-43-45-33-00-000-1370 and said grantor does hereby fully war-rant the title to said land, and will defend the same against lawful claims of all persons whomsoever. "Grantor"and"Grantee"are used for singular or plural,as context requires. DoublGTI=0 Page 168 of 1743 11 In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,scaled and delivered in our presence: ISRAM RIVERWALK,LLC,a Florida limited liability company By: ISRAM PROPERTY HOLDINGS,LLC,a Florida limited liability company,its sole member By: ISRAM RE MANAG LLC,a Flondalimite i I ' pa i an r By: Witness Name: S L RIKMAN,Manager /1 - , Wye 1-fGtr Witnesolme: (2?ika M State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me this 6th day of September,2019,by SHAUL RIKMAN,the Manager of ISRAM REALTY MANAGEMENT, LLC, a Florida limited liability company, the Manager of ISRAM PROPERTY HOLDINGS, LLC, a Florida limited liability company, the Sole Member of ISRAM RIVERWALK,LLC,a Florida limited liability company, on behalf of the company, who [X]is personally known or U has produced a driver's license as identification. rA ` 'i [Notary Seal] Notary� c Printdme: �f My Commission Expires: GINA=ASON rF77-,,,,,% MY COMMISSION#GG 113574 �V- FXPIRES:August 14,2021 Banded 5 h.E. L Thru Notary Public Undarwft, Warrant/Deed(Statutory Form)-Page 2 DoubleTlmeO Page 169 of 1743 DESCRIPTION OF PRIME CATCH ADDITION A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST , BEING A PART OF LOT 1, OF ROSSEAU'S SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT 1, AT A DISTANCE OF 50 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE NORTH 89 DEGREES 41 MINUTES 13 SECONDS EAST ALONG A LINE PARALLEL WITH AND 50 FEET SOUTH OF THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 83.00 FEET TO A POINT (SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF S.E. 15TH AVENUE); THENCE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 152.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 85 DEGREES 32 MINUTES 58 SECONDS EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID S.E. 15TH AVENUE, A DISTANCE OF 168.58 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 47 SECONDS EAST, A DISTANCE OF 85.00 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS WEST, A DISTANCE OF 168.00 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 99.00 FEET TO THE POINT OF BEGINNING. CONTAINING 15,456 SQUARE FEET, 0.35 ACRE MORE OR LESS REVISED DESCRIPTION TO ADD PRELUDE 8/13/19 © COPYRIGHT DEAN SURVEYING 2016 1 HEREBY CERTIFY THAT THE SKETCH & DESCRIPTION HEREIN WERE PERFORMED UNDER .t DeanSurveying MY SUPERVISION AND IT COMPLIES WITH THE STANDARDS OF PRACTICE, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHARTER (�n d Mapping, I n C. 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. 'The Measuring Line Shall Go Fodh" Jeremiah 31:39 NOTE: Richard signed 4201 Westgate Avenue Suite A3 THIS DRAWING 1S NOT VALID WITHOUTDean Date:2019.08.21 West Palm Beach, Florida 33409 THE EMBOSSED SEAL OR DIGITAL 09:52:06 0400 SIGNATURE OF THE SURVEYOR Tel:(561)625-8748 Facsimile (561)626-4558 RICHARD N. DEAN Field Date 01-04-16 PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE NO. 4406 C.A.D.D. D.J.M. Scale N/A LB 6936 Sheet 1 of 2 Job No.015-1205-PC-ADD Page 170 of 1743 0 60 120 240 GRAPHIC SCALE NORTHWEST CORNER SECTION (IN FEET) 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST WOOLBRIGHT ROAD z (S.E. 15th AVENUE) NORTH LINE LOT 1 N89*41'13"E S85,32' 581 83.00' 152-16' S85'32'5 1 / 168.58 11 0.00, SOUTH R/W S.E. 15th AVENUE 3:-CD W P.O.B = C) C1 M co 00 00 CD 01 C) CD :z S89'41 13"W Cf) 41 Uj cl- F P.O.C.P 0 C- SOUTHT)W 'd- Uj VT -j C) 0 LU FL-- cn LU Ld SOUTH LINE LOT 2 Legend A Indicates Are Lenth R/W Indicates Right—of—Way R Indicates Radius P.O-C. Indicates Point Of Cornmencrnent D Indicates Delta Angle P.O.B. Indicates Point Of Beginning NOTE: THIS IS NOT A BOUNDARY SURVEY (0 COPYRIGHT DEAN SURVEYING 2016 Dean Surveying and Mapping, Inc. "The Measuring Line Shall Go Forth" Jeremiah 31:39 4201 Westgate Avenue Suite A3 West Palm Beach, Florida 33409 REVISED DESCRIPTION TO ADD PRELUDE 8/13/19 Tel:(561)625-8748 Facsimile (561)626-4558 REVISIONS DATE Field Date 01-04-16 TITLE C.A.D.D. D.J.M. Scale 1 = 120' RIVERWALK PLAZA Sheet 2 of 2 Job No.015-1205-PC-ADD Page 171 of 1743 6.F. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-121 -Authorize the City Manager or Police Chief Michael Gregory to sign all documents with Florida Department of Transportation (FDOT) State Safety Office associated with the grant acceptance and grant agreement in the amount of$50,000 subject to the approval of the City Attorney for the Boynton Beach Impaired Driving Enforcement Program. EXPLANATION OF REQUEST: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $50,000 in subgrant funding for the 2019-2020 funding cycle under the impaired driving priority area. The funding is allocated for overtime ($30,000) in relation to DUI enforcement and a message board ($20,000) to deliver traffic safety messages. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It is important to be vigilant with traffic safety education and enforcement efforts to bolster public safety in our community. This grant provides an opportunity to enhance the police department's efforts to reduce traffic crashes, fatalities, and injuries that are related to impaired driving through enforcement and education activities. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct enforcement operations around these areas. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to traffic safety, including impaired driving. FISCAL IMPACT: Non-budgeted No fiscal impact. ALTERNATIVES: Do not accept the grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Yes Grant Amount: $50,000 Page 172 of 1743 ATTACHMENTS: Type Description D Resolution Resolution authorizing acceptance of Impaired Dri\Ang Enforcement grant Page 173 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR 5 POLICE CHIEF MICHAEL GREGORY TO ACCEPT 6 AND SIGN ALL DOCUMENTS, INCLUDING GRANT 7 AGREEMENT ASSOCIATED WITH THE FLORIDA 8 DEPARTMENT OF TRANSPORTATION(FDOT)GRANT 9 IN THE AMOUNT OF $50,000.00 FOR THE BOYNTON 10 BEACH IMPAIRED DRIVING ENFORCEMENT 11 PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS,the Florida Department of Transportation(FDOT) State Safety Office has 15 selected the City of Boynton Beach to receive $50,000.00 in sub-grant funding for the 2019-20 16 funding cycle under the impaired driving priority area; and 17 WHEREAS, the funding is allocated for overtime related to DUI enforcement and a 18 message board to deliver traffic safety messages; and 19 WHEREAS,upon recommendation of staff, the City Commission has determined that 20 it is in the best interests of the residents of the City to authorize the City Manager or Police 21 Chief Michael Gregory to sign all documents associated with the Florida Department of 22 Transportation (FDOT) grant in the amount of $50,000.00 for the Boynton Beach impaired 23 driving priority area. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\94XIWK7N\FDOT_Impaired_Driving Entorcement_Grant_(2019- 20)_-_Reso.docx Page 174 of 1743 31 with the Florida Department of Transportation (FDOT) grant in the amount of$50,000.00 for 32 the Boynton Beach Impaired Driving Enforcement program, a copy of which is attached hereto 33 as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2019. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Ty Penserga 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 64 C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\94XIWK7N\FDOT_Impaired_Driving Entorcement_Grant_(2019- 20)_-_Reso.docx Page 175 of 1743 6.G. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-122-Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 7th, for the 49th Annual Holiday Parade. EXPLANATION OF REQUEST: Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 7. It will travel north on Federal Highway. It will be necessary to close Federal Highway beginning at 12:00 P.M. from Boynton Beach Boulevard south to Woolbright Road. It is expected that the road will re-open between 9:00 P.M. and 10:00 P.M. FISCAL IMPACT: Budgeted The Holiday Parade is a budgeted item within the Public Communications & Marketing Department- Special Event budget. ALTERNATIVES: Do not permit closure of Federal Highway for the 49th Annual Holiday Parade. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The Annual Holiday Parade will be held in Downtown Boynton Beach on Federal Highway - bringing residents and visitors to downtown area. The City's restaurants and businesses in the area will see increased business. The City's Holiday Parade, a tradition for 49 years, boasts one of the largest number of participants of community entries in Palm Beach County. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 176 of 1743 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing Road Closure for Holiday Parade Page 177 of 1743 I RESOLUTION NO. R19 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF FEDERAL HIGHWAY ON DECEMBER 7, 6 2019, FOR THE ANNUAL HOLIDAY PARADE AND 7 AUTHORIZING THE CITY MANAGER OR HER 8 DESIGNEE TO APPLY FOR STATE PERMITS FOR THE 9 TEMPORARY ROAD CLOSING; PROVIDING FOR 10 EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach's annual Holiday Parade is scheduled to be 13 held on Saturday, December 7, 2019 at 4:00 p.m.; and 14 WHEREAS,in order to provide for the safety of the participants and citizens attending 15 the Holiday Parade, Federal Highway will be required to be closed between Boynton Beach 16 Boulevard and Woolbright Road beginning at 12:00 p.m.; and 17 WHEREAS, the Florida Department of Transportation requires the local government 18 to authorize all temporary road closures on state roadways; and 19 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 20 the temporary closing of Federal Highway between Boynton Beach Boulevard and Woolbright 21 Road on December 7, 2019, to provide for the safety of the participants and citizens attending 22 the Holiday Parade; and 23 WHEREAS, the City Manager (or her designee) is authorized to apply for the permit 24 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 25 Administrative Code, for said temporary closings; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 29 ratified and confirmed by the City Commission 30 Section 2. That the City Commission of the City of Boynton Beach authorizes the 31 temporary closing of Federal Highway between Boynton beach Boulevard and Woolbright 32 Road commencing at 12:00 p.m. on Saturday, December 7, 2019, for the annual Holiday 33 Parade. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AA7AFCFB-415C-4BC2-B42F-43037DD181AF\Boynton Beach.18826.1.Road_Closings_Holiday_Parade_(2019)_-_Reso.docx Page 178 of 1743 34 Section 3. The City Manager (or her designee) is hereby authorized to apply for 35 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 36 Administrative Code, for said temporary closings. 37 Section 4. That this Resolution will become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2019. 39 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 55 VOTE 56 ATTEST: 57 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) 65 66 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AA7AFCFB-415C-4BC2-B42F-43037DD181AF\Boynton Beach.18826.1.Road_Closings_Holiday_Parade_(2019)_-_Reso.docx Page 179 of 1743 6.H. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R19-123-Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 49th Annual Holiday Parade on Saturday, December 7,2019. EXPLANATION OF REQUEST: As in previous years,the City desires to utilize the parking lots on the property of Journey Church(715 S. Federal Highway)during the 49th Annual Holiday Parade. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Utilizing this lot will assist with the limited parking available in Downtown Boynton due to the Town Square redevelopment project. FISCAL IMPACT: Non-budgeted There is no cost related to the temporary use of the Journey Church property on Saturday, December 7,2019. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Journey Church for property(parking)use on Saturday, December 7,2019 for the City's 49th Annual Holiday Parade. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: During the Town Square redevelopment project,identifying and promoting additional public parking opportunities during large events in the downtown area allows more individuals to attend, park safely,and visit our local restaurants and businesses. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Journey Church for parking D Agreement 19-Journey Church Page 180 of 1743 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH JOURNEY 7 COMMUNITY CHURCH, INC., FOR THE 49TH ANNUAL 8 HOLIDAY PARADE TO BE HELD DECEMBER 7, 2019; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City plans to use the Journey Community Church, Inc., property at 13 715 South Federal Highway as a public parking option during the 491h Annual Holiday Parade 14 on December 7, 2019; and 15 WHEREAS, While the City's Town Square is under construction parking is limited 16 and this site will provide an alternative for public parking during the event; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 20 and Journey Community Church, Inc., for the 49th Annual Holiday Parade to be held 21 December 7, 2019. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby approves and authorizes the Mayor to 28 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 29 Church, Inc., for the 49th Annual Holiday Parade to be held December 7, 2019. A copy of the C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D02CA381-7F22-47BA-8FFF-400178922BBE\Boynton Beach.18828.1.Land Use_Agreement with Journey Church for Holiday Parade_2019_-_Reso.docx Page 181 of 1743 30 Agreement is attached hereto as Exhibit"A." 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this day of , 2019. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor—Justin Katz 41 42 Commissioner—Mack McCray 43 44 Commissioner—Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 VOTE 49 ATTEST: 50 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D02CA381-7F22-47BA-8FFF-400178922BBE\Boynton Beach.18828.1.Land Use_Agreement with Journey Church for Holiday Parade_2019_-_Reso.docx Page 182 of 1743 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this_day of , 2019, by and between the City of Boynton Beach ("City') and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS,the City desires to use the parking lots located on the Property for parking for an event taking place on December 7, 2019 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. 3. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes,the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. Page 183 of 1743 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on midnight on December 7, 2019. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. Page 184 of 1743 ATTEST: CITY OF BOYNTON BEACH By: Print Name: Title: (SEAL) ATTEST: JOURNEY CHURCH By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: ATTEST: By: Print Name: Title: Page 185 of 1743 (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: Page 186 of 1743 Exhibit"A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on December 7, 2019. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between December 5 and December 7, 2019, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable event parking and parking signs on the Property for the Event. Page 187 of 1743 6.1. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-124-Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for the 49th Annual Holiday Parade to be held December 7, 2019. EXPLANATION OF REQUEST: The City would like to utilize Ocean One Boynton, LLC property on Federal Highway as a public parking option during the 49th Annual Holiday Parade (Saturday, December 7, 2019). An Americans with Disabilities (ADA) parking area will also be available at this location. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Parking is limited due to the Town Square redevelopment project. This site will provide an alternative for public and ADA parking on December 7, 2019. FISCAL IMPACT: Non-budgeted There is no cost related to the temporary use of Ocean One Boynton, LLC property December 7, 2019. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for property (parking) use on December 7, 2019 for the City's Annual Holiday Parade. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: During the Town Square redevelopment project, identifying and promoting additional public parking opportunities during large events in the downtown area allows more individuals to attend, park safely, and visit our local restaurants and businesses. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 188 of 1743 ATTACHMENTS: Type Description Resolution appro\Ang Land Use Agreement with D Resolution Ocean One Boynton LLC for Holiday parade parking D Agreement 19® Land Use Agreement- Ocean One Page 189 of 1743 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH OCEAN ONE BOYNTON, 7 LLC., FOR THE 49TH ANNUAL HOLIDAY PARADE TO BE HELD 8 DECEMBER 7, 2019; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Ocean One Boynton, LLC., property at 114 12 North Federal Highway as a public parking option during the 49th Annual Holiday Parade on 13 December 7, 2019; and 14 WHEREAS, While the City's Town Square is under construction parking is limited 15 and this site will provide an alternative for public parking during the event; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve 18 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 19 and Ocean One Boynton, LLC., for the 49th Annual Holiday Parade to be held December 7, 20 2019. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby approves and authorizes the Mayor to 27 sign a Land Use Agreement between the City of Boynton Beach and Ocean One Boynton, 28 LLC., for the 49th Annual Holiday Parade to be held December 7, 2019. A copy of the 29 Agreement is attached hereto as Exhibit"A." C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9C4D82D9-C334-4151-9B79-27FF27D17D43\Boynton Beach.18833.1.Land Use_Agreement with—Ocean—One—for—Holiday Parade_2019_-_Reso.docx Page 190 of 1743 30 Section 3. This Resolution shall become effective immediately upon passage. 31 32 PASSED AND ADOPTED this day of , 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9C4D82D9-C334-4151-9B79-27FF27D17D43\Boynton Beach.18833.1.Land Use_Agreement with—Ocean—One—for—Holiday Parade_2019_-_Reso.docx Page 191 of 1743 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this_day of , 2019, by and between the City of Boynton Beach ("City') and Ocean One Boynton, LLC, its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 114 N. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-27-01-000-0410), (the "Property"); and WHEREAS,the City desires to use the parking lots located on the Property for parking for an event taking place on December 7, 2019 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. 3. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes,the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. Page 192 of 1743 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on midnight on December 7, 2019. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. Page 193 of 1743 ATTEST: CITY OF BOYNTON BEACH By: Print Name: Title: (SEAL) ATTEST: OCEAN ONE BOYNTON LLC By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: ATTEST: By: Print Name: Title: Page 194 of 1743 (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: Page 195 of 1743 Exhibit"A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on December 7, 2019. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between December 5 and December 7, 2019, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable event parking and parking signs on the Property for the Event. Page 196 of 1743 6.J. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-125-Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Chase Bank for the 49th Annual Holiday Parade to be held December 7, 2019. EXPLANATION OF REQUEST: The City would like to utilize Chase Bank property on Federal Highway as a public parking option during the 49th Annual Holiday Parade (Saturday, December 7, 2019). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Parking is limited due to the Town Square redevelopment project. This site will provide an alternative for public parking on December 7, 2019. FISCAL IMPACT: Non-budgeted There is no cost related to the temporary use of Chase Bank property December 7, 2019. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Chase Bank for property (parking) use on December 7, 2019 for the City's Annual Holiday Parade. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: During the Town Square redevelopment project, identifying and promoting additional public parking opportunities during large events in the downtown area allows more individuals to attend, park safely, and visit our local restaurants and businesses. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 197 of 1743 ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Land Use Agreement with Chase an for Holiday Parade parking D Agreement Agreement for Land Use for Holiday Parade with Chase Bank Page 198 of 1743 1 RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN A LAND USE AGREEMENT WITH CHASE BANK., FOR 7 THE 49TH ANNUAL HOLIDAY PARADE TO BE HELD 8 DECEMBER 7, 2019; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Chase Bank., property at 901 South Federal 12 Highway as a public parking option during the 491h Annual Holiday Parade on December 7, 13 2019; and 14 WHEREAS, While the City's Town Square is under construction parking is limited 15 and this site will provide an alternative for public parking during the event; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve 18 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 19 and Chase Bank., for the 491h Annual Holiday Parade to be held December 7, 2019. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby approves and authorizes the Mayor to 26 sign a Land Use Agreement between the City of Boynton Beach and Chase Bank., for the 49th 27 Annual Holiday Parade to be held December 7, 2019. A copy of the Agreement is attached 28 hereto as Exhibit"A." 29 Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FBF3AE2F-F29A-4F13-BF81-207D4A120E1A\Boynton Beach.18830.1.Land Use_Agreement with Chase Bank for Holiday Parade 2019_-_Reso.docx Page 199 of 1743 30 31 PASSED AND ADOPTED this day of , 2019. 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 VOTE 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\FBF3AE2F-F29A-4F13-BF81-207D4A120E1A\Boynton Beach.18830.1.Land Use_Agreement with Chase Bank for Holiday Parade 2019_-_Reso.docx Page 200 of 1743 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY("Agreement") is made this_day of , 2019, by and between the City of Boynton Beach ("City') and Chase Bank, its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 901 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5040), (the "Property"); and WHEREAS,the City desires to use the parking lots located on the Property for parking for an event taking place on December 7, 2019 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. 3. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes,the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. Page 201 of 1743 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on midnight on December 7, 2019. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. Page 202 of 1743 ATTEST: CITY OF BOYNTON BEACH By: Print Name: Title: (SEAL) ATTEST: CHASE BANK By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: ATTEST: By: Print Name: Title: Page 203 of 1743 (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared as of who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12019. NOTARY PUBLIC My Commission Expires: Page 204 of 1743 Exhibit"A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on December 7, 2019. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between December 5 and December 7, 2019, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable event parking and parking signs on the Property for the Event. Page 205 of 1743 6.K. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-126-Approving and adopting the Local Mitigation Strategy (LMS) Plan 5-year update, titled LMS2020, allowing the City to continue to be eligible for mitigation funding from federal and state agencies. EXPLANATION OF REQUEST: On September 23, 2019, Palm Beach County (PBC) Public Safety Department, Division of Emergency Management, announced that the State of Florida Division of Emergency Management has determined the PBC Local Mitigation Strategy (LMS) as COMPLIANT with all federal standards, and ready for adoption by all PBC jurisdictions. Sponsored by the PBC Division of Emergency Management, the Local Mitigation Strategy, titled LMS2020, brings to conclusion a five (5) year revision and renewal process by stakeholder planners from the LMS Revisions Sub-Committee of the LMS Steering Committee. Dedicated planning staff from the 28 participating multiple jurisdictions have convened over the past 18 months to formalize a viable, living document. This document will assist PBC jurisdictions to develop and execute an ongoing methodology for reducing a community's vulnerability to identified natural, technological, and human caused hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard-specific mitigation options. It also develops and executes sound, cost-effective mitigation projects. The LMS provides a basis for justifying the solicitation and use of local, state, federal, and other funding sources to support hazard mitigation projects and initiatives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to be eligible for any mitigation funding in the future (Hazard Mitigation Grant Program, Pre-Disaster Mitigation, and/or Flood Mitigation Assistance grants) the City MUST accept the updated plan. Adoption of LMS2020 is paramount to the City remaining a viable stakeholder in mitigation research, identification, and prioritization. FISCAL IMPACT: There are no funds required for the adoption of the LMS2020. Failure to adopt LMS2020 will deny our City's hazard mitigation plans as a condition for receiving certain types of non-emergency disaster assistance, including funding for mitigation projects. ALTERNATIVES: Not to adopt the LMS2020. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 206 of 1743 CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution adopting Local Mitigation Strategy D Attachment Summary Sheet Page 207 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ADOPTING THE 2020 5 REVISED PALM BEACH COUNTY LOCAL 6 MITIGATION STRATEGY PLAN; AND PROVIDING 7 AN EFFECTIVE DATE. 8 9 10 WHEREAS, Palm Beach County is susceptible to a variety of natural, technological, 11 and human-caused disasters, including but not limited to, severe weather, hazardous materials 12 incidents, nuclear power plant emergencies, communicable diseases, and domestic security 13 incidents as well as climate change impacts and sea level rise that causes increased inundation, 14 shoreline erosion, flooding from severe weather events, accelerated saltwater contamination of 15 ground water and surface water supplies, and expedited loss of critical habitats; and 16 17 WHEREAS, the Disaster Mitigation Act of 2000, was enacted to establish 18 a national disaster hazard mitigation program to reduce the loss of life and 19 property, human suffering, economic disruption, and disaster assistance costs 20 resulting from disasters, and to assist state, local, and tribal governments in 21 implementing effective hazard mitigation measures to ensure the continuation of 22 critical services and facilities after a natural disaster; and 23 24 WHEREAS, the Disaster Mitigation Act of 2000, as a condition for 25 qualifying for and receiving future Federal mitigation assistance funding as well as 26 reimbursement for Presidentially Declared Disasters, requires such governments to 27 have Federal Emergency Management Agency approved hazard mitigation plans in 28 place that identify the hazards that could impact their jurisdictions, identify 29 actions and activities to mitigate the effects of those hazards, and establish a 30 coordinated process to implement plans; and 31 32 WHEREAS, Palm Beach County's Local Mitigation Strategy (LMS), in 33 coordination with governmental and non-governmental stakeholders having an 34 interest in reducing the impact of disasters, and with input from the private sector 35 and other members of the public, developed and revised the Palm Beach County 36 Local Mitigation Strategy; and 37 38 WHEREAS, the 2020 revised Local Mitigation Strategy has been approved 39 by the Florida Division of Emergency Management and the Federal Emergency 40 Management Agency subject to adoption by the County Board of County 41 Commissioners; and 42 43 44 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A40D4A7B-1905-43EF-A750-F04B9C9A76D9\Boynton Beach.18735.1.Loca1_Mitigation_Strategy_(2019)_-_Reso.Docx Page 208 of 1743 45 46 WHEREAS, the LMS Steering Committee recommends the formal adoption 47 of the 2020 Revised Local Mitigation Strategy, including planned future 48 enhancements described therein, by the County and all 38 participating 49 municipalities. 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 52 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 53 54 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 55 being true and correct and are hereby made a specific part of this Resolution upon adoption 56 hereof. 57 58 Section 2. The City Commission of the City of Boynton Beach hereby 59 approves and adopts the 2020 Revised Local Mitigation Strategy Plan(attached hereto 60 as Exhibit A) in its entirety, as revised by the LMS Steering Committee as submitted 61 to the Palm Beach County Board of County Commissioners, the Florida Division of 62 Emergency Management and the Federal Emergency Management Agency. 63 64 Section 3. The City Commission of the City of Boynton Beach authorizes the 65 appropriate City Officials to pursue available funding opportunities for 66 implementation of proposed mitigation initiatives described in the Local Mitigation 67 Strategy, and upon receipt of such funding or other necessary resources, seek to 68 implement the actions in accordance with the mitigation strategies set out by the Local 69 Mitigation Strategy. 70 71 Section 4. The City Commission of the City of Boynton Beach will continue 72 to support and participate in the Local Mitigation Strategy planning and 73 implementation process as required by Federal Emergency Management agency, the 74 Florida Division of Emergency Management, and the Palm Beach County Local 75 Mitigation Strategy Steering Committee. 76 77 Section 5. The City Commission of the City of Boynton Beach will consider 78 incorporating climate change concerns, sea level rise and natural hazards into the local 79 comprehensive plan and into future reviews of flood prevention regulations and 80 zoning codes. 81 82 Section 6. The City Commission of the City of Boynton Beach directs the 83 Clerk to transmit an original of the executed Resolution to the Palm Beach County 84 Division of Emergency Management, attention Local Mitigation Strategy Coordinator 85 (712-6481), for filing in the Office of the Clerk& Comptroller. 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A40D4A7B-1905-43EF-A750-F04B9C9A76D9\Boynton Beach.18735.1.Loca1_Mitigation_Strategy_(2019)_-_Reso.Docx Page 209 of 1743 86 87 88 89 Section 7. This Resolution shall become effective immediately upon passage. 90 91 PASSED AND ADOPTED this day of November, 2019. 92 93 CITY OF BOYNTON BEACH, FLORIDA 94 95 YES NO 96 97 Mayor— Steven B. Grant 98 99 Vice Mayor—Justin Katz 100 101 Commissioner—Mack McCray 102 103 Commissioner—Christina L. Romelus 104 105 Commissioner—Ty Penserga 106 107 108 VOTE 109 110 ATTEST: 111 112 113 114 Crystal Gibson, MMC 115 City Clerk 116 117 118 119 (Corporate Seal) 120 121 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\A40D4A7B-1905-43EF-A750-F04B9C9A76D9\Boynton Beach.18735.1.Loca1_Mitigation_Strategy_(2019)_-_Reso.Docx Page 210 of 1743 t t is tOT, t rU tt jr t 7 - SE tt s > t s y \ rt w t� 4 ... The Loom Mitigation Strategy The purpose of the Local Mitigation Strategy(LMS)is to develop,and execute an ongoing methodology for reducing a community's vulnerability to identified natural,technological,and human caused hazards. The strategy provides a rational, managed basis for considering, and prioritizing hazard-specific mitigation options, and for developing, and executing sound, cost-effective mitigation projects. The LMS provides a basis for justifying the solicitation, and use of local, state, federal, and other funding sources to support hazard mitigation projects and initiatives. LMS2020 --Why Do We Have an LMS • We have the LMS in accordance with the Disaster Mitigation Act of 2000 and Title 44 of the Code of Federal Regulations. • It allows communities to identify hazards and prioritize unfunded projects to mitigate those hazards when funding becomes available from local,state,and federal sources. • It is required in order to receive Pre-Disaster Mitigation(PDM),Hazard Mitigation Grant Program (HMGP), and Flood Mitigation Assistance (FMA) funding from Federal Emergency Management Agency(FEMA)before,and after a disaster strikes. • It puts local communities in control of projects and funding priorities. LMS2020 --What Has Changed Since LMS2015 • Recent years have shown increased vulnerabilities as modeling,and mapping capabilities improve, and as more information is gathered on potential impacts of climate change,and sea level rise. This LMS integrates updated information on storm surge and sea level rise and climate change into our hazards,mitigation measures,mapping and project list. • Collaboration with the Office of Sustainability and participation in the Southeast Florida Regional Climate Change Compact has increased the number of planning stakeholders we are working with for assessments. • Analyses of local flooding conditions as it relates to PBC communities • Update of Agricultural Pests and Diseases with specifics on the citrus industry • Updates in severities of Pandemic/Communicable Diseases(mosquito borne diseases) • Improved project tracking system through creation of a WebEOC internet based board, and encouraged participants to track projects;illustrates all of the mitigation work being done in Palm Beach County Adoption of LMS2020 Your jurisdiction must adopt the LMS2020 in order to be eligible for any mitigation funding in the future (HMGP,PDM,and/or FMA grants). Adoption of LMS2020 is paramount to your community remaining a viable stakeholder in mitigation research, identification, and prioritization. Our communities utilize the LMS to include mitigation in their development, and redevelopment projects through inclusion in their Master Plans and Capital Improvement plans. Communities are proactively including mitigation projects into their internal funding, and capital improvement budgets. LMS2020 is your comprehensive approach to effectively reduce the impact of current,and future hazards,and risk faced within Palm Beach County. Failure to adopt LMS2020 will negate your community hazard mitigation plans as a condition for receiving certain types of non-emergency disaster assistance,including finding for mitigation projects. Page 211 of 3 6.L. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-127- Authorize the Mayor to sign the tri-party interlocal agreement between the Cities of Boca Raton, Delray Beach and the City of Boynton Beach for the purpose of operating a Biology Processing Laboratory (BPL) to pre-process DNA samples obtained by Boynton Beach Police Department pursuant to criminal investigations. EXPLANATION OF REQUEST: The Boynton Beach Police Department investigates numerous crimes where forensic evidence in the form of DNA is recovered. The perpetrator of a crime may deposit bodily fluids or tissue of various types at the scene by simply touching an object or surface or contact with a victim during a sexual assault or battery. The bodily fluids and tissue often contain DNA which is a chemical identifier unique to every individual and considered a more accurate identifier than even fingerprints. Pursuant to Florida State Statute, DNA profiles are collected from charged or convicted of major felonies. Consequently, identification of recovered crime scene DNA becomes more prevalent and BPL has the capability to collect and analyze these DNA samples expeditiously. The most labor intensive and time consuming process related to DNA testing is determining if a suitable sample is present and, if so, extracting the sample and converting it to a testable form. In 2010, the Chiefs of Police for Boca Raton, Delray Beach, and Boynton Beach considered the challenges associated with the PBSO Crime Lab backlog of cases and determined that a pre-screening laboratory would facilitate a timely resolution to our case submissions while providing relief to the PBSO lab. The City passed Resolution No. R10-092 on July 20, 2010 approving an interlocal agreement with the cities of Boca Raton and Delray Beach establishing the operation of a pre-screening DNA Laboratory. All DNA submissions now go to the pre-screening lab in Boca Raton where the samples are isolated and converted. Each sample is then transported to the PBSO lab where they receive priority treatment pursuant to an agreement between the City of Boca and PBSO. This results in samples that historically took months to process are now tested promptly and the results are available within days. The interlocal agreement is for a period of five (5) years with an option to renew for an additional five (5) year period. The interlocal agreement also provides that the City of Delray Beach and the City of Boynton Beach may terminate participation in this agreement for any reason upon one hundred eighty days written notice to the other Parties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enhance the Police Department's ability to investigate major crimes, identify perpetrators, and arrest offenders in a timely manner. FISCAL IMPACT: Non-budgeted The City of Boynton Beach's share of the cost for year one renewal would be $66,200.00. Following the initial year of the Agreement, the fee shall be adjusted annually to reflect the proportional shares of the actual costs as defined in paragraph 5.5 of the Agreement. However, fees will not be increased more than 10% per year. Page 212 of 1743 Funds in the amount of $66,200 would be taken from Support Services, Other Contractual Services, 001- 2112-521.49-17. ALTERNATIVES: Return to the practice of direct submission of DNA forensic evidence to the PBSO lab which will likely result in substantial delays in the identification of suspects where matches are present. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving tri-party ILA for Piology D Resolution Processing Laboratory 9pre®processing DNA samples D Memo Memo describing ILA D I nterlocal Agreement 2019 ILA with Boca Raton D I nterlocal Agreement signed 2015 ILA Page 213 of 1743 I RESOLUTION NO. R19- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE 6 MAYOR TO SIGN A TRI-PARTY INTERLOCAL 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE CITIES OF BOCA RATON AND 9 DELRAY BEACH FOR THE OPERATION OF A 10 BIOLOGY PROCESSING LABORATORY(BPL)TO PRE- 11 PROCESS DNA SAMPLES PURSUANT TO CRIMINAL 12 INVESTIGATIONS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, the City of Boynton Beach Police Department investigates numerous 17 crimes where forensic evidence in the form of DNA is recovered; and 18 WHEREAS, Boynton Beach's Police Department submits hundreds of requests each 19 year for laboratory testing to the Boca Raton BPL in an effort to identify persons connected 20 with various crimes committed in our City; and 21 WHEREAS, the most labor intensive and time consuming process related to DNA 22 testing is determining if a suitable sample is present and extracting the sample and converting 23 it to its testable form which can be done by the pre-screening laboratory; and 24 WHEREAS, the Boca Raton BPL has the capability to collect and analyze DNA 25 samples; and 26 WHEREAS, the City Commission of the City of Boynton Beach, upon 27 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 28 City of Boynton Beach to approve and authorize the Mayor to sign the tri-party Interlocal 29 Agreement between the City of Boynton Beach and the Cities of Boca Raton and Delray Beach 30 for the operation of a Biology Processing Laboratory (BPL)to pre-process DNA samples. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\DHLI SBRX\ILA_with_Boca_Raton_(DNA_testing)(2019-20)_- Reso.docx Page 214 of 1743 33 34 Section 1. Each Whereas clause set forth above is true and correct and incorporated 35 herein by this reference. 36 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 37 approve and authorize the Mayor to sign the tri-party Interlocal Agreement between the City of 38 Boynton Beach and the Cities of Boca Raton and Delray Beach for the operation of a Biology 39 Processing Laboratory (BPL) to pre-process DNA samples, a copy of said Agreement is 40 attached hereto as Exhibit"A". 41 Section 3. That this Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this day of , 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Justin Katz 50 51 Commissioner—Mack McCray 52 53 Commissioner—Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 58 VOTE 59 6o ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 69 (Corporate Seal) C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\DHLI S8RX\ILA_with_Boca_Raton_(DNA_testing)(2019-20)_- Reso.docx Page 215 of 1743 cj Michael Gregory Vanessa Snow TO: Chief of Police FROM: Assistant Chief 44 s� REF: Interlocal Agreement DATE: October 8,2019 Under cover is an interlocal agreement(ILA)between the City of Boynton Beach,the City of Delray Beach, and the City of Boca Raton to continue our respective partnerships with the Biology Processing Lab (BPL), which is located at 6500 Congress Avenue in Boca Raton. By way of background, the Boca Raton Police Department received a National Institute of Justice grant solicitation offered"novel ideas and processes that would provide a way to meet the needs of DNA Programs." The three main goals of the grant were: • Provide timely serological screening information to Boynton Beach Police Department,Delray Beach Police Department, and the Boca Raton Police Services Department, • Submit prescreened evidence to Palm Beach County Sheriff's Office's (PBSO)Forensic Biology Unit such that the DNA processing would begin upon evidence submission, and • Create a model for other jurisdictions to increase the efficiency of the DNA evidence analysis process. Since opening BPL in 2012,the Boynton Beach Police Department has been party to the ILA wherein BPL: • Gathers case information needed for DNA analysis, • Identifies biological evidence for future testing, • Swabs for touch and wearer DNA, and • Tests for serology. Statistics provided by BPL indicates of the three participating agencies, Boynton Beach has consistently been the primary contributor. And,more significantly, of the DNA submissions to BPL, 54%resulted in CODIS hits, which includes property and persons crimes where the profiles remain in the database for future investigative searches. Also included with this memo is the executed 2016 ILA between the City of Boynton Beach and the City of Boca Raton for review. It is my recommendation to forward the new ILA to City Hall for execution by Legal and the Mayor so our community can continue to benefit from the enhanced DNA analysis that BPL provides. Page 216 of 1743 INTERLOCAL AGREEMENT THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into , 20 , by and between the City of Boca Raton, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOCA RATON"), the City of Delray Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "DELRAY BEACH"), and the City of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOYNTON BEACH"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Parties to this agreement are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which BOCA RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, BOCA RATON entered into an interlocal agreement with the Palm Beach County Sheriff's Office ("PBSO") relating to the construction and operation of a Biology Processing Laboratory ("BPL"), which was thereafter constructed at the City facility located at 6500 Congress Avenue in Boca Raton, Florida; and WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA sample evidence prescreened in the BPL is given certain priority by the PBSO Forensic Biology Unit in the event DNA analysis is warranted; and WHEREAS, on March 8, 2016, the Parties entered into an interlocal agreement to provide for pre-screening of their respective DNA sample evidence in the BPL because such common use would better utilize municipal personnel and capital resources and increase the efficiency and effectiveness of prescreening DNA sample evidence, WHEREAS, the prior interlocal agreement between the Parties established the terms and conditions for the operation of the BPL and provided Page 217 of 1743 for shared costs of personnel/operating expenses; and WHEREAS, the BPL is currently in operation and used by the Parties, but the existing interlocal agreement between the Parties will expire on and WHEREAS, the Parties desire to enter into a new Interlocal Agreement in order to continue the operation of the BPL and to provide terms and conditions for the continued operation and maintenance of the BPL; and WHEREAS, entering into this Interlocal Agreement is in the best interests of the citizens of the Parties; and NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and representations contained herein, constituting good and valuable consideration, the Parties hereto agree as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between BOCA RATON, DELRAY BEACH, and BOYNTON BEACH in regard to the continued operation and maintenance of the BPL, located at 6500 Congress Avenue in the City of Boca Raton, which is currently providing, and shall continue to provide, pre-screening of DNA sample evidence for the Parties. Section 2. DEFINITIONS 2.1 "Pre-screening" shall mean the process by which evidence is evaluated by an analyst to determine if there is usable and recoverable DNA in the sample. 2.2 "Touch DNA evidence" shall mean DNA evidence that is left behind from skin cells when a person touches or comes in contact with an item. Section 3. ADMINISTRATION AND SERVICES PROVIDED 3.1. BOCA RATON shall own, manage and operate the BPL. 3.2. The BPL shall provide the following services: pre-screening of DNA sample evidence, processing of DNA sample evidence for the confirmation of blood and semen, and swabbing items for touch DNA evidence. 3.3. Following pre-screening at the BPL, all DNA sample evidence will be submitted to the PBSO Forensic Biological Unit for further DNA analysis. Page 218 of 1743 Pursuant to the Interlocal Agreement between BOCA RATON and PBSO, all evidence pre-screened at the BPL will be given priority for PBSO DNA analyst assignment pursuant to a separate agreement between PBSO and BOCA RATON. Section 4. AGREEMENT NON-EXCLUSIVE 4.1. DELRAY BEACH and BOYNTON BEACH agree and understand that this agreement is non-exclusive, and that BOCA RATON may enter into additional agreements or amend this Interlocal Agreement to allow other governmental agencies to utilize the BPL. In the event BOCA RATON contracts with other governmental agencies, there shall be a corresponding and proportional decrease in the amount of the annual fee paid by BOCA RATON, DELRAY BEACH and BOYNTON BEACH which is identified in paragraph 5.5 of this Agreement. Section 5. BPL CENTER FOR OPERATIONS 5.1. The BPL shall continue to be located at 6500 Congress Avenue, Boca Raton, Florida. 5.2. The BPL equipment and records will be maintained by BOCA RATON at the BPL. 5.3. DELRAY BEACH and BOYNTON BEACH shall annually appropriate and pay to BOCA RATON an annual fee, in an amount equal to a proportional share of the costs to operate the BPL. BOCA RATON shall provide an invoice to DELRAY BEACH and BOYNTON BEACH each year for the annual fee and DELRAY BEACH and BOYNTON BEACH shall make the annual payment to BOCA RATON within sixty (60) days of receipt of BOCA RATON's invoice. 5.4. The total annual fee shall be determined by BOCA RATON, in its sole discretion, through an annual calculation of the personnel costs, the cost of equipment and supplies, the cost of maintenance, the cost of utilities, and any other cost which is reasonably related to the operation of the BPL. 5.5. The annual fee shall be paid proportionately as follows: BOCA RATON - 34 PERCENT DELRAY BEACH - 33 PERCENT BOYNTON BEACH - 33 PERCENT 5.6. The annual fee to be paid by DELRAY BEACH and BOYNTON BEACH Page 219 of 1743 for the first year of this Agreement shall be $66,200.00, which shall be paid within sixty (60) days of the effective date of this Agreement. 5.7. Following the initial year of this Agreement, the fee shall be adjusted annually to reflect the proportional shares of the actual costs as defined in paragraph 5.4 of this Agreement. However, it is not expected that the fee will increase more than 10% per year. 5.8 DELRAY BEACH and/or BOYNTON BEACH'S right to receive services at the BPL pursuant to this Agreement shall be immediately suspended if either fails to timely transmit to BOCA RATON its proportional payment as required under this Agreement. The suspension of the right to receive services at the BPL shall continue through the date the full payment is received by BOCA RATON. If a payment is not received by BOCA RATON within 30 days of the date of the non-paying party's receipt of the invoice from BOCA RATON, then BOCA RATON shall send to the non- paying party a notice of default. The non-paying party shall thereafter also pay a 10% penalty on the past due arrearages. If such past due arrearages plus the 10% penalty are not paid in full within 15 days of the date of notice of default, then BOCA RATON, in its sole discretion, shall have authority to terminate this Agreement in regard to the non-paying party only. Section 6. PERSONNEL AND OPERATIONS 6.1 BOCA RATON shall employ and train two Forensic Analysts to work at the BPL. 6.2 BOCA RATON shall be solely responsible for the hiring, supervision and evaluation and all aspects of employment for all personnel associated with the BPL. 6.3 BOCA RATON shall be solely responsible for the maintenance and repair of the BPL facility. 6.4 BOCA RATON shall be solely responsible for the operation of the BPL. Section 7. RECORDS 7.1 BOCA RATON shall be responsible for maintaining records of DNA sample evidence submitted by DELRAY BEACH and BOYNTON BEACH for the purpose of prescreening analysis in accordance with Biology Processing Laboratory standards. 7.2 DELRAY BEACH and BOYNTON BEACH agree to provide BOCA RATON with case dispositions for any items processed through the BPL Page 220 of 1743 as they become available. Section 8. DURATION AND TERMINATION 8.1. This Interlocal Agreement shall become effective upon being executed on behalf of each party and filed with the City Clerks of BOCA RATON, DELRAY BEACH and BOYNTON BEACH. This Interlocal Agreement shall remain in effect for five years and may be extended for additional five year terms upon written approval of the Parties. 8.2. In the event the agreement between BOCA RATON and PBSO providing priority to BPL pre-screened evidence is terminated, BOCA RATON shall have the authority, in its sole discretion, to terminate this Interlocal Agreement upon thirty (30) days written notice to DELRAY BEACH and BOYNTON BEACH, and in the event BOCA RATON terminates this Interlocal Agreement pursuant to this subsection, Boca Raton shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 8.3. BOCA RATON, DELRAY BEACH, or BOYNTON BEACH may terminate participation in this Interlocal Agreement for any reason upon one hundred eighty (180) days written notice to the other Parties. In the event either DELRAY BEACH or BOYNTON BEACH terminate participation, this Interlocal Agreement shall continue, in BOCA RATON's sole discretion, subject to re-calculation of the annual fee in section 5.5 between the remaining parties. In the event BOCA RATON terminates its participation, this Agreement shall terminate in its entirety. Section 9. DISPUTE RESOLUTION 9.1 Disputes under this Interlocal Agreement may be resolved by a meeting of the Parties' authorized representatives. If such authorized representatives are unable to reach a resolution and any of the Parties believe the issue is of sufficient merit, the Parties shall select a mediator acceptable to all Parties to conduct a non-binding mediation of the issues involved and make a recommendation regarding resolution of the issue. The Parties agree to be responsible for their respective costs and fees incurred during the mediation and that they shall pay the mediator's fees and costs in equal amounts. If the non-binding mediation is also unsuccessful, the dispute shall be resolved pursuant to dispute resolution process contained in Florida Statute, Section 164. 9.2 This Agreement shall be governed by the laws of the State of Florida. Any legal action to enforce the Agreement will be filed in Palm Beach County. In any litigation brought to enforce the terms of this Interlocal Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. Page 221 of 1743 9.3 BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. Section 11. LIABILITIES AND INDEMNITY 11.1. Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, the Parties and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of another party. Nothing herein shall constitute, or be construed as, a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the Parties as set forth in Florida Statutes, Section 768.28 or any other provisions of Florida law. Section 12. AMENDMENT OF THIS AGREEMENT 12.1. Amendments to this Interlocal Agreement shall be made by unanimous consent of all the Parties in writing. Section 13. EXECUTION OF AGREEMENT 13.1 This Agreement shall be executed on behalf of each party by its authorized representative pursuant to an appropriate resolution of the respective local governmental unit. Each party to this Agreement shall be bound to the terms of this Agreement as of the date it is signed by that party. Section 14. SEVERABILITY 14.1. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The Parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. Section 15. NOTICES Page 222 of 1743 15.1 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to BOCA RATON: City Manager, City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, FL 33432 With copy to: Chief of Police 100 NW Boca Raton Blvd. Boca Raton, FL 33432 As to DELRAY: As to BOYNTON BEACH: Section 16: FILING A copy of this Agreement shall be filed by BOCA RATON with the Clerk of the Circuit Court in and for Palm Beach County. Page 223 of 1743 Section 17: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of any party. Section 18: FORCE MAJEURE Any party delayed by a Force Majeure Event, as defined herein, in performing under this Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 18: CONSTRUCTION No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 19: NO THIRD PARTY BENEFICIARY No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of any party. Section 20: ASSIGNMENT No party may assign, mortgage, pledge, or encumber this Agreement in whole or in part, without prior written consent of the other party, which may be granted or withheld at the other party's absolute discretion. This provision shall be construed to include a prohibition against an assignment, mortgage, pledge, encumbrance or sublease, by operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or involuntary. Section 21: SEVERABILITY Page 224 of 1743 If any term of the Agreement or the application thereof to any person or circumstance shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement, or the application of such term to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 22: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Section 23: EFFECTIVE DATE This Agreement is expressly contingent upon the approval of all Parties. and shall become effective only when signed by all Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. CITY OF BOCA RATON Attest: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney Page 225 of 1743 ATTEST: CITY OF DELRAY BEACH By: By: Name: Title: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Page 226 of 1743 ATTEST: CITY OF BOYNTON BEACH By: By: Name: Title: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Page 227 of 1743 'R INTER-LOCAL AGREEMENT THIS AGREEMENT, made and entered into the date provided hereafter by and between the City of Boca Raton, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOCA RATON"), the City of Delray Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "DELRAY BEACH"), and the City of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "BOYNTON BEACH"), and collectively referred to as the "Parties". WITNESSETH: WHEREAS, the Parties to this agreement are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which BOCA RATON, DELRAY BEACH and BOYNTON BEACH may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, BOCA RATON has entered into an Interlocal Agreement with the Sheriff's Office of Palm Beach County ("PBSO") relating to the operation of a Biology Processing Laboratory ("BPL") located at 6500 Congress Avenue in Boca Raton, Florida; and WHEREAS, the BPL provides certain services related to prescreening of DNA sample evidence; and WHEREAS, pursuant to the Interlocal Agreement with PBSO, all DNA sample evidence prescreened in the BPL will be given certain priority by the PESO Forensic Biology Unit ("FBU") in the event DNA analyst's is warranted; and WHEREAS, the Parties desire to pre-screen their respective DNA sample evidence in the BPL in that the Parties determined that such common use will better utilize municipal personnel and capital resources, increase the efficiency and effectiveness of prescreening DNA sample evidence, and provide for shared costs of personnel/operating expenses; and WHEREAS, the Parties desire to enter into this Agreement to establish basic parameters for the implementation, operation, and maintenance and future Page 228 of 1743 expansion of the BPL; and WHEREAS, entering into this Interlocal Agreement is in the best interests of the citizens of the Parties; and NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and representations contained herein, constituting good and valuable consideration, the Parties hereto agree as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between BOCA RATON, DELRAY BEACH, and BOYNTON BEACH in regard to the operation of the Biology Processing Laboratory, located in the City of Boca Raton, which shall provide for pre-screening of DNA sample evidence for the parties. Section 2. DEFINITIONS 2.1 "Pre-screening" shall mean the process by which evidence is evaluated by an analyst to determine if there is usable and recoverable DNA in the sample. 2.2 "Touch DNA evidence" shall mean DNA evidence that is left behind from skin cells when a person touches or comes in contact with an item. Section 3. ADMINISTRATION AND SERVICES 31. BOCA RATON will own, manage and operate the BPL in return for providing pre-screening of DNA sample evidence for DELRAY BEACH and BOYNTON BEACH, processing of DNA sample evidence for the confirmation of blood and semen and swabbing items for touch DNA evidence. 3,2. BOCA RATON shall be the sole operator of the BPL. The operations shall include processing evidence for the confirmation of blood and semen and swabbing evidence for touch DNA evidence. 3.3. Following pre-screening at the BPL, all DNA sample evidence will be submitted to the PBSO Forensic Biological Unit for further DNA analysis. Pursuant to the Interlocal Agreement between BOCA RATON and PBSO, all evidence pre-screened at the BPL will be given priority for PBSO DNA analyst assignment, as provided in such Interlocal, a copy of which is attached hereto as Attachment "A". Page 229 of 1743 Section 4. IMPLEMENTATION OF BPL 4.1. In the event the agreement between BOCA RATON and PBSO is terminated or in the event that the City of Boca Raton in its sole discretion ceases operation of the BPL this Interlocal Agreement shall immediately terminate and BOCA RATON shall have no further obligation to DELRAY BEACH or BOYNTON BEACH. 4.2. DELRAY BEACH and BOYNTON BEACH agree and understand that this agreement is non-exclusive, and that BOCA RATON may enter into additional agreements or amend this Interlocal Agreement to allow other governmental agencies to utilize the BPL. In the event BOCA RATON contracts with other governmental agencies, there shall be a corresponding and proportional decrease in the amount of the user fee and costs provided by DELRAY BEACH and BOYNTON BEACH, as set out in paragraph 5.5 of this Agreement. Section 5. BPL CENTER FOR OPERATIONS 51. The BPL shall be located at 6500 Congress Avenue, Boca Raton, Florida in the Boca Raton Police Services training facility. 5,2. The Parties agree that the BPL operation, equipment, personnel and records will be maintained at the BPL. 53. DELRAY BEACH and BOYNTON BEACH agree to annually appropriate and pay to BOCA RATON a fee, in an amount equal to a proportional share of the costs to operate the BPL, as set forth in Section 5.4 of this Agreement. DELRAY BEACH and BOYNTON BEACH agree to make an annual payment to BOCA RATON for each of their proportional share of the fee within sixty (60) days of receipt of BOCA RATON's invoice showing the proportional share due, as detailed . 5.4. The fee shall be determined by BOCA RATON, in its sole discretion, through an annual calculation of the personnel costs, the cost of equipment and supplies, the cost of maintenance, the cost of utilities, and any other cost which is reasonably related to the operation of the BPL. 5.5. The annual cost for all operational expenditures, as defined in 5.4, shall be paid proportionately as follows: BOCA RATON - 34 PERCENT DELRAY BEACH - 33 PERCENT BOYNTON BEACH - 33 PERCENT Page 230 of 1743 5.6. The amount of each proportional fee to be paid by DELRAY BEACH and BOYNTON BEACH for the initial year of this updated agreement shall be $59,360.00. 53. Following the initial year of this Interlocal Agreement, the fee shall be adjusted annually to reflect the proportional shares of the actual costs as defined in paragraph 5.4 of this Agreement. However, fees will not be increased more than 10% per year. 5.8 DELRAY BEACH and/or BOYNTON BEACH'S right to receive services at the BPL shall be immediately suspended if either fails to timely transmit to BOCA RATON its proportional payment as required under this Agreement. The suspension of the right to receive services at the BPL shall continue through the date the full payment is received by BOCA RATON. If a payment is not received by BOCA RATON within 60 days of the date of the non-paying party's receipt of the invoice from BOCA RATON, then BOCA RATON shall send to the non-paying party a notice of default. The non-paying party shall thereafter also pay a 10% penalty on the past due arrearages. If such past due arrearages plus the 10% penalty are not paid in full within 15 days of the date of notice of default, then BOCA RATON, in its sole discretion, shall have authority to terminate this Agreement in regard to the non-paying party. Section 6. PERSONNEL AND OPERATIONS 6.1 BOCA RATON shall employ two Forensic Analysts trained by PBSO FBU personnel to work at the BPL. 6.2 BOCA RATON shall be solely responsible for the hiring, supervision and evaluation and all aspects of employment for all personnel associated with the BPL. 6.3 BOCA RATON shall be solely responsible for the maintenance and repair of the BPL facility, 6.4 BOCA RATON shall be solely responsible for the operation of the BPL. Section 7. RECORDS 7.1 BOCA RATON shall be responsible for maintaining records of DNA sample evidence submitted by DELRAY BEACH and BOYNTON BEACH for the purpose of prescreening analysis in accordance with the PBSO Forensic Biology Laboratory standards. 7.2 DELRAY BEACH and BOYNTON BEACH agree to provide to BOCA Page 231 of 1743 RATON, case dispositions for any items processed through the BPL as they become available. Section 8. DURATION AND TERMINATION 8.1. This Interlocal Agreement shall become effective upon being executed on behalf of each party and filed with the City Clerks of BOCA RATON, DELRAY BEACH and BOYNTON BEACH, This Interlocal Agreement shall remain in effect for five years and may be extended for additional five year terms upon written approval of the Parties, 8.2. DELRAY BEACH and BOYNTON BEACH agree that they shall not have any right to unilaterally terminate this Agreement and shall not terminate this Agreement for the period of two (2) years following its effective date. Thereafter, any Party may terminate its participation in this Interlocal Agreement for any reason upon one hundred eighty (180) days written notice to the other Parties. BOCA RATON may terminate its participation in this Interlocal Agreement as provided herein or as provided in paragraph 4.1. Upon termination, the terminating Party shall have no rights or privileges under this Agreement. Section 9. DISPUTE RESOLUTION 9.1 Any dispute as to the terms of this Interlocal Agreement shall be resolved, pursuant to dispute resolution process contained in Florida Statutes Chapter 164. 9,2 This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 9.3 By entering into this Agreement, the parties expressly waive any right either party may have to a trial by jury of any claim related to this Agreement. Section 11. LIABILITIES AND INDEMNITY 11.1. Each PARTY to this Agreement shall be liable for its own actions and negligence and, to the extent permitted by law, BOCA RATON shall be responsible to DELRAY BEACH and BOYNTON BEACH for any actions, claims or damages arising out of BOCA RATON'S negligence in connection with this Agreement, and DELRAY BEACH and BOYNTON BEACH shall each be individually responsible to BOCA RATON or to the other for any actions, claims or damages arising out of DELRAY BEACH and BOYNTON BEACH'S negligence in connection with the Agreement. Page 232 of 1743 The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the PARTIES as set forth in Florida Statutes, Section 768,28 or any other provision of Florida law, Section 12. AMENDMENTS 12.1. Amendments to this Interlocal Agreement shall be made by unanimous consent of all the PARTIES in writing. In the event one or more additional persons request to be a Party to this Agreement, the PARTIES agree that an Amendment to this Agreement shall be required. Section 13, EXECUTION OF AGREEMENT. 13.1 This Agreement shall be executed on behalf of each Party by its authorized representative pursuant to an appropriate resolution of the respective local governmental unit. Each Party to this Agreement shall be bound to the terms of this Agreement as of the date it is signed by that Party. Section 14. SEVERABILITY 14.1. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void or voidable provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being held void should a provision which is of the essence of the Agreement be determined to be void by a court of competent jurisdiction. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date all signatures below are affixed. CITY OF BOCA RATON Attest: Date: By: City Clerk Name: Susan Haynie Page 233 of 1743 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date all signatures below are affixed. CITY OF BOCA RATON Attest: Date: By: City Clerk Name: Susan Haynie Title: Mayor Approved as to Form and Legal Sufficiency: City Attorney ATTEST: CITY OF DELRAY BEACH By: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: CITY OF BOYNTON BEACH By: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Page 234 of 1743 Title: Mayor Approved as to Form and regal Sufficiency: By: City Attorney ATTEST: CITY OF DELRAY BEACH By: By: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney ATTEST: CITY OF 7TON BEACH B d n Y Date: / —! OR APPROVED AS T)2rFORM AND � m LEGAL S ;FICNCY By City Attorney Page 235 of 1743 6.M. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-128-Authorize the City Manager to sign Master Lighting Service Agreement with FPL Energy Services, Inc. (FPLES)for lighting associated with the site improvements in Town Square. EXPLANATION OF REQUEST: On March 13, 2018, the City Commission approved the Town Square master development agreement for the construction of a city hall, library, police headquarters, fire station, central energy plant, open space, playground, and related infrastructure improvements. As part of that project it is necessary to install new street lighting, parking lot lighting and walkway lighting as part of the site improvements. Under the FPL Energy Services' LED lighting Service agreement, all design/engineering work; labor for installation for the 46 fixtures and the light poles, and other materials noted in project scope, 10-year product warranty and 10-year maintenance are included in the 120-month service fees stated on the attached proposal. Currently FPL owns and maintains 90% of all street lighting in the City. In order to provide the flexibility to install security cameras, W i-Fi hot spots, banners, and accessories on the proposed light poles the City must execute an agreement with FPL Energy Services, Inc. (FPLES). Staff recommends execution of the agreement to provide continuity and one point of service for maintenance and operation of lighting within the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By outsourcing street lighting maintenance as a service to FPLES it provides the City an opportunity to better utilize in house staff to support preventative maintenance at City Facilities. In addition based on FPL's resources street light maintenance service levels are higher and at a significant cost savings than can be provided by in house staff or through City contractors. FISCAL IMPACT: Budgeted The projected annual cost for the agreement is$77,690.40. Funding to support the agreement in Fiscal Year 19/20 is provided in account#001-2512-541-43.11 ALTERNATIVES: None STRATEGIC PLAN: Page 236 of 1743 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Master Lighting Ser\Ace Agreement with FPLES D Agreement FPLES Master Lighting Ser\Aces Agreement D Exhibit Statement of Work D Exhibit Supplemental TCs for Pole Attachment D Quotes FPLES LAA S Proposal Page 237 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AUTHORIZING THE CITY 5 MANAGER TO SIGN MASTER LIGHTING SERVICE 6 AGREEMENT WITH FPL ENERGY SERVICES, INC. 7 (FPLES) FOR LIGHTING ASSOCIATED WITH THE 8 SITE IMPROVEMENTS IN TOWN SQUARE; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the City received three (3) quotes to provide public outreach and 12 informational services for the Central Seacrest Corridor - Phase 2 Neighborhood 13 Improvements project; and 14 WHEREAS, as part of the Town Square project it is necessary to install new street 15 lighting, parking lot lighting and walkway lighting as part of the site improvements; and 16 WHEREAS, under the FPL Energy Services' LED lighting Service agreement, all 17 design/engineering work; labor for installation for the 46 fixtures and the light poles, and 18 other materials noted in project scope, 10-year product warranty and 10-year maintenance 19 are included in the 120-month service fees stated on the attached proposal; and 20 WHEREAS, since FPL owns and maintains 90% of all street lighting in the City, 21 in order to provide the flexibility to install security cameras, Wi-Fi hot spots, banners, and 22 accessories on the proposed light poles the City must execute an agreement with FPL 23 Energy Services, Inc. (FPLES); and 24 WHEREAS, upon recommendation of staff, the City Commission of the City of 25 Boynton Beach does hereby approve and authorize the City Manager to sign a Master 26 Lighting Service Agreement with FPL Energy Services, Inc., in the estimated annual 27 amount of$77,690.40. 28 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C62A3357-42FA-4924-A245-2D3DC70CD6E4\Boynton Beach.18816.1.Master_Lighting_Service_Agreement_with_FPLES_(Town_Square)_=Reso.docx Page 238 of 1743 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 3 as being true and correct and are hereby made a specific part of this Resolution upon 4 adoption hereof. 5 Section 2. The City Commission of the City of Boynton Beach,Florida, hereby 6 approves and authorizes the City Manager to sign a Master Lighting Service Agreement 7 with FPL Energy Services, Inc., in the estimated annual amount of$77,690.40, a copy of 8 which is attached hereto as Exhibit"A". 9 Section 3. That this Resolution shall become effective immediately. 10 PASSED AND ADOPTED this day of June, 2019. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 YES NO 14 15 Mayor— Steven B. Grant 16 17 Vice Mayor—Justin Katz 18 19 Commissioner—Mack McCray 20 21 Commissioner—Christina L. Romelus 22 23 Commissioner—Ty Penserga 24 25 26 VOTE 27 ATTEST: 28 29 30 31 Crystal Gibson, MMC 32 City Clerk 33 34 35 36 (Corporate Seal) 37 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\C62A3357-42FA-4924-A245-2D3DC70CD6E4\Boynton Beach.18816.1.Master_Lighting_Service_Agreement_with_FPLES_(Town_Square)_=Reso.docx Page 239 of 1743 MASTER LIGHTING SERVICES AGREEMENT This Master Lighting Services Agreement ("Master Agreement") is made and entered into on this 28th day of August, 2019 ("Effective Date"), by and between FPL Energy Services, Inc. ("FPLES"), a Florida corporation, license No. CGC062174, and City of Boynton Beach ("Customer"), a city in Palm Beach County. FPLES and Customer are collectively referred to as the "Parties"and individually referred to as a"Party„ which represents the fair market value of the System at the 1.0 Definitions. expiration of the then current Service Term plus applicable taxes. "Agreement" means this Master Agreement together with a "Event of Default"has the meaning set forth in Section 15.1. Statement of Work that cross-references or incorporates this Master Agreement. "Equipment" means the major equipment components delivered to Customer by FPLES or installed by FPLES at the Service "Change" means a request by Customer or otherwise permitted Location, which may include and are limited to light fixtures, under Section 14 that changes the Services or the applicable brackets, poles, and lamps. The actual scope of Equipment shall System, which may consist of modifications or additions to, or be as stated in the applicable SOW. deletions from, any Services or System to be performed or provided by FPLES under the Agreement. "Equipment Warranty Period" has the meaning set forth in Section 5.1.1. "Change Order"means an order documenting a Change. "Final Acceptance Date" shall have the meaning set forth in "Confidential Information" means all non-public information Section 3.4. which is disclosed to Customer or Customer's agents in connection with this Master Agreement and including all reports, "Force Majeure Event" means an event which is beyond the analyses, notes or other information that are based on, contain or reasonable control of,and not a result of the fault or negligence of, reflect any such Confidential Information; however, Confidential the affected Party, including but not limited to, acts of God, fire, Information shall not include the following: (a) information which is flood, windstorm, war, terrorism, epidemics, quarantine regulation, or becomes publicly available other than as a result of a violation sabotage, revolution, acts of any government or governmental of this Master Agreement; (b) information which is or becomes agency, strikes or other labor difficulty, insurrection, riot, available on a non-confidential basis from a source which is not telecommunications failures, unusually severe weather conditions known to Customer (after due inquiry) to be prohibited from by comparison with the ten-year county average, to the extent that disclosing such information pursuant to a legal, contractual or performance of any such obligation is prevented or delayed by any fiduciary obligation to FPLES; or (c) information which Customer such cause,existing or future. can demonstrate was legally in its possession prior to disclosure by FPLES. "Guarantor"shall have the meaning set forth in Section 15.1. "Delayed Payment Rate" means a rate of interest equal to one- "Minor Deficiencies" means, with respect to a particular System and-one-half percent (1-1/2%) per month, which applies to any which has been determined by FPLES to be Substantially unpaid amounts which Customer may become obligated to pay to Complete,any construction, installation or other Services identified FPLES under the terms of the Agreement, but in no event more in a Punch List which do not materially affect the ability of the than the maximum legal rate. System to properly operate and function in accordance with its intended purpose pursuant to the Agreement and the terms and "Dispute" means any dispute or disagreement that may arise specifications contained in the applicable SOW. between the Parties with respect to the interpretation of any provision of the Agreement, the performance of either Party under "Notice of Substantial Completion" means a written notice the Agreement, or any other matter that is in dispute between the issued by FPLES to notify Customer of the Substantial Completion Parties related to the Agreement. of the installation of a System. "Early Termination Fee" means the sum of(a)all unpaid Service "Punch List" means, with respect to a particular System, a list of Fees and other amounts payable prior to the effective date of the Minor Deficiencies provided by Customer to FPLES prior to or termination, (b) the net present value of all Service Fees payable along with Customer's execution of a Notice of Substantial from and after the effective date of the termination for the Completion. remainder of the Service Term, calculated at a per annum interest rate equal the lesser of 3% or an interest rate equivalent to that of "Service Fees"means the Services fees set forth in the applicable a U.S. Treasury constant maturity obligation (as reported by the SOW. U.S. Treasury) that would have a repayment term equal to the remaining Service Term, all as reasonably determined by FPLES, (c) reasonable removal costs of the System, and (d)all applicable "Service Location" means a facility legally owned or operated by taxes. In lieu of removal costs of the System, the Parties may Customer at which Customer desires FPLES to perform Services. mutually agree to Customer's purchase of the System at a price "Service Term"has the meaning set forth in Section 2. 1 119790526_4 Page 240 of 1743 "Service Term Commencement Date" means the first day of the form set forth in Schedule A.Within the (10)days following receipt calendar month following the Final Acceptance Date of the by Customer of a Notice of Substantial Completion, (i) Customer applicable System (or, if the Final Acceptance Date is the first of a shall conduct an inspection, and either (ii) (a) Customer shall calendar month,the first day of such month). complete a Punch List and approve the Notice of Substantial Completion by delivering to FPLES an executed and completed "Services" means the services provided or proposed to be Notice of Substantial Completion, or(ii)(b)Customer shall provide provided by FPLES to construct, install, and maintain a System at FPLES written notice of any potential material defects or specified Service Locations in accordance with the terms of the deficiencies of the System. If Customer fails to deliver such notice applicable SOW. in accordance herewith within ten (10) days following Customer's receipt of a Notice of Substantial Completion, Customer shall be "SOW Effective Date"has the meaning set forth in Section 2.0. deemed to have approved the Notice of Substantial Completion without any Punch List items. The date on which Customer approves,or is deemed to have approved the Notice of Substantial "Statement of Work" or "SOW" means the scope of Services set Completion for the System shall be the "Substantial Completion forth in a statement of work, the form of which is set forth in Date"for such System. Schedule C (Form of Statement of Work), to be performed by FPLES at the identified Service Locations. 3.2 Correction of Material Defects or Deficiencies. Following FPLES's receipt of a timely notice by Customer of any potential "Subcontractor" means a third-party subcontractor who is defect or deficiency of the System pursuant to Section 3.1 (ii)(b) retained by FPLES to perform installation or construction work or above, FPLES shall determine in the reasonable exercise of its other services at Service Location(s)pursuant to a SOW. professional judgment whether the alleged defect or deficiency is material. If FPLES determines that a material defect or deficiency "Substantial Completion" or "Substantially Complete" means, exists, then FPLES shall cause any necessary corrections to be with respect to a particular System, that level of construction and made to remedy the material defect or deficiency. Thereafter, implementation which renders the System operational, regardless FPLES shall deliver a new Notice of Substantial Completion,which of whether the System has one or more Minor Deficiencies. will restart the process of Section 3.1. Any Dispute as to the existence of a material defect or deficiency shall be handled "Substantial Completion Date" has the meaning set forth in pursuant to Section 17.0 of the Master Agreement. Section 3.1. 3.3 Correction of Punch List Items. Following FPLES's timely "Supplies" means the non-major components of the System receipt of notice by Customer of any Punch List, FPLES shall, provided Customer by FPLES or installed by FPLES at the Service within a reasonable period of time, correct any Minor Deficiencies Location, which may include but are not limited to electrical wiring, identified in the Punch List which FPLES determines, in the electrical fittings, hand holes, conduit, footings, nuts, and bolts. reasonable exercise of its professional judgment, are necessary or The actual scope of Supplies shall be as stated in the applicable appropriate for completion of the System. Any Dispute as to the SOW. existence of any Minor Deficiencies shall be handled pursuant to Section 17.0 of the Master Agreement. "System" means the Equipment and Supplies installed by FPLES at the Service Location,as stated in the applicable SOW. 3.4 Notice of Final Completion. Following approval or deemed approval of the Notice of Substantial Completion by Customer,and 2.0 Scope and Term. Subject to the terms and conditions of the correction of any Minor Deficiencies identified in the Punch List this Master Agreement, FPLES agrees to furnish to Customer,and by FPLES, FPLES shall deliver to Customer a Certificate of Final Customer agrees to purchase and receive from FPLES, the Acceptance, in the form set forth in Schedule B, acknowledging Services at Customer's specified Service Locations pursuant to the Customer's irrevocable acceptance of the applicable System and applicable SOW. The term of this Master Agreement shall any adjustments to the Service Fees as permitted under Section commence on the Effective Date and shall continue until 3.8. If the System is found to be complete, Customer shall execute terminated be either party in writing. The term of each Agreement and return to FPLES a Certificate of Final Acceptance within five shall commence upon the effective date set forth in each (5) business days following receipt by Customer of the Certificate applicable SOW ("SOW Effective Date") and shall continue in of Final Acceptance. If, upon inspection by Customer, the System effect for a period of ten (10) years from the Service Term is not found to be complete, then Customer shall so notify FPLES Commencement Date ("Initial Service Term"). Each Agreement within such five(5)business day period,and FPLES shall promptly may be renewed by mutual agreement between the parties (each perform any necessary corrections and repairs. When FPLES has a `Renewal Service Term",and collectively with the Initial Service completed such corrections and repairs, it shall again issue a Term, the "Service Term"). Each Agreement is a separate an Certificate of Final Acceptance to Customer, and the foregoing independent agreement between the Parties incorporating the procedure shall be repeated until such time as Customer shall terms of this Master Agreement. execute and return the Certificate of Final Acceptance; provided, however, that a failure of Customer to respond altogether within any such five (5)business day period following the receipt of a the 3.0 Substantial Completion; Final Acceptance, Certificate of Final Acceptance from FPLES shall be deemed Maintenance,Training and Payment. approval by Customer of the Certificate of Final Acceptance. The date on which Customer approves, or is deemed to have approved 3.1 Inspections and Notice of Substantial Completion. During the the Certificate of Final Acceptance for the System shall be the Term, Customer shall have the right to conduct reasonable Final Acceptance Date for such System ("Final Acceptance inspections of the work of FPLES or any Subcontractor at any time Date"). upon reasonable prior notice. Upon Substantial Completion of construction and installation of the applicable System in 3.5 Payment Unconditional Upon Final Acceptance. Customer accordance with the requirements of the applicable SOW, FPLES acknowledges that upon the Final Acceptance Date, except with shall deliver to Customer a Notice of Substantial Completion in the respect to FPLES's then unperformed continuing Services 2 119790526_4 Page 241 of 1743 obligations during the Service Term, Customer's obligation to pay Service Fees to reflect any increases following the SOW Effective the Service Fees with respect to the System, is at all times Date in personal property tax or other applicable taxes (excluding absolute, unconditional and irrevocable and shall not be affected income taxes)due from Customer pursuant to Section 12.3. by any circumstance whatsoever, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, 4.0 Early Termination For Convenience; End of Term reduction, rescission, defense or other right. Customer's sole Options. recourse for FPLES's failure to perform any continuing Services obligations under this Master Agreement is limited to the exercise 4.1 Early Termination for Convenience by Customer. Provided no Customer's rights under Section 15.0(Default and Remedies). default has occurred and is continuing, and subject to indefeasible payment of the Early Termination Fee without set-off or 3.6 System Maintenance:Alterations. During the Service Term and withholding, Customer may, upon 90 days written notice to FPLES, at its expense, FPLES shall maintain the applicable System in terminate the Service Term for its convenience at any time. good operating condition. FPLES' maintenance responsibilities do Customer's Service Fee obligations shall remain in full force and not include (i) repair of damage to the System due to improper effect until FPLES has received the Early Termination Fee. usage, acts or omissions of Customer or third persons (other than FPLES or Subcontractors) or other risk of loss or damage for 4.2 Early Termination for Convenience by FPLES. Upon thirty(30) which Customer is responsible under this Master Agreement, (ii) days written notice to Customer, FPLES may terminate this Master any maintenance, repair, or adjustments to the System Agreement and any applicable Agreements for its convenience (a) necessitated by a Casualty as defined in Section 8.0, or (iii) if any regulatory agency promulgates any rule or order which in manufacturer's warranty obligations pursuant to Section 5.1.1. effect or application substantially impedes FPLES from fulfilling its Customer shall notify FPLES of any required repair of the System obligations hereunder, or materially and adversely affects FPLES' within 5 days of its actual knowledge thereof and, if such repair is ability to provide the applicable System under the terms and Customer's responsibility under this Master Agreement, perform conditions of this Master Agreement, or (b) FPLES, in its sole such repair in accordance with FPLES' written instructions or, at discretion, makes a commercial decision to generally discontinue FPLES' election, reimburse FPLES for the cost of the repair. If the commercial lighting as a service line of business. In the event such repair is FPLES's responsibility under this Master Agreement, of a termination by FPLES pursuant to subsections (a) or (b) FPLES shall commence repair within five (5) days of its receipt of above, Customer shall only be obligated to pay FPLES all unpaid written notice from the Customer, and complete such repair within Service Fees and other amounts payable prior to the effective date a commercially reasonable period of time not to exceed thirty (30) of the termination, including all applicable taxes, and FPLES shall days from the date of Customer's notice; provided, however,that if be liable and responsible for removal of the System (unless the such repair cannot be completed with commercially reasonable Parties mutually agree upon Customer's purchase of the System). efforts within such period,the period shall be extended to forty-five (45)days or as otherwise agreed to between the Parties in writing. All replacements of and alterations or additions to the System by 4.3 Expiration of Service Term. Upon the expiration of the Service either Party shall become part of the System. The Customer shall Term, Customer shall be obligated to pay FPLES (a) Except to the not move, modify, remove, adjust, alter or change in any material extent disputed due to an Event of Default by FPLES, all unpaid way the System, or any part thereof, during the term of the Service Fees and other amounts payable prior to the effective date Agreement, without prior written direction or approval by FPLES, of the expiration,and(b)all applicable taxes. except in the event of an occurrence reasonably deemed by the Customer or FPLES to constitute a bona fide emergency. 5.0 Warranty and Limitation of Liability. 3.7 Training. If set forth in the applicable SOW, FPLES shall 5.1 Warranty. provide on-site training for a reasonable number of Customer's operating personnel with respect to the applicable completed 5.1.1 Equipment Warranties. The Equipment to be installed System, and Customer shall assist in such training, all as more pursuant to the applicable SOW shall be protected by the retail fully specified in the SOW. Unless otherwise provided in the SOW, seller and/or original equipment manufacturer written warranties such training shall be conducted with respect to the System covering parts and equipment performance as specified in and for following the Substantial Completion Date of the entire System. the warranty periods set forth in Exhibit 1 of the applicable SOW ("Equipment Warranty Period"). FPLES shall pursue rights and 3.8 Service Fees. Upon completion of the applicable System, the remedies against the manufacturer and each retail seller of the Service Fees will be adjusted as applicable based on the final Equipment under such warranties in the event of Equipment System cost, if modified by approved Change Orders (as defined malfunction, improper or defective function, or defects in parts, below). The applicable Service Fee shall begin on the Service workmanship, or performance. FPLES shall be responsible for Term Commencement Date and shall be due and payable by managing all warranty activity during the Equipment Warranty Customer in advance on the first day of each payment period Period. thereafter. Service Fees, plus applicable taxes due from Customer pursuant to Section 12.3, are due on the same day of each 5.1.2 Labor Warranties. FPLES warrants for a period of one (1) consecutive payment period for the duration of the Service Term. year following the Substantial Completion Date of the applicable In addition, Customer shall pay an interim Service Fee from the System and for a period of one (1) year following any repair or Final Acceptance Date through the Service Term Commencement maintenance of the System, that all Services performed under the Date equal to a pro rata portion of the periodic Service Fee Agreement comply with customary, reasonable and prudent calculated on a 30-day month basis, which amount shall be due standards of care in accordance with standards in the industry and and payable with the first periodic Service Fee. Whenever any are performed in a professional manner and consistent with any Service Fee or any other sum due hereunder is not paid when due, specifications and standards as may be set forth in the applicable Customer shall pay to FPLES, on the next due date, a late charge SOW. Customer shall promptly notify FPLES in writing of the equal to five percent (5%)of the amount of any late payment (but discovery during the applicable warranty period of any claim not less than $25), but only to the extent permitted by law. against FPLES's warranties under this Section 5.1.2. As Pursuant to Section 12.3, FPLES may from time to time adjust the Customer's sole and exclusive remedy for any such claim against 3 119790526_4 Page 242 of 1743 FPLES's warranties, FPLES shall, at its own cost and expense, as reasonable access to the Service Location(s) to enable FPLES to soon as reasonably possible following FPLES's receipt of notice of perform all Services hereunder. Customer shall provide FPLES any claim against any warranty or FPLES's otherwise obtaining with adequate storage and laydown areas at the Service knowledge of any claim of warranty, cause the repair of defective Location(s), as applicable, during the installation of the applicable workmanship and/or provide at FPLES's expense any changes, System and shall make available any construction power and other modifications or additions to the Services which FPLES utilities required by FPLES and its Subcontractors to perform the determines necessary due to a failure to perform any Services Services. FPLES and its Subcontractors shall observe all of hereunder in accordance with the standards set forth in this Customer's safety and security procedures at the Service Section 5.1.2. All costs incidental to FPLES's rework and testing Location(s), to the extent made known to FPLES, and shall not thereof shall be borne by FPLES. FPLES shall use commercially unreasonably disturb or interrupt Customer's operations at such reasonable efforts to perform such remedial actions and make any location(s). tests in a timely manner and at such times so as to minimize disruption of normal operations at Customer's Service Location. 7,0 Documents and Data. All information, regardless of the The liabilities and obligations of FPLES under Section 5.1.2 do not form in which it is communicated or maintained (whether oral, extend to any repairs, adjustments, alterations, replacements or written, electronic or visual) and whether prepared by FPLES or maintenance which were not performed by FPLES or approved in otherwise, which is disclosed to Customer including, without writing by FPLES, or result from Customer's failure to comply with limitation, all SOW's, records, reports, analyses, notes, Section 3.6 or from Customer's failure to act in accordance with memoranda, documentation, data, specifications, diagrams, the training provided by FPLES to Customer's personnel. statistics, systems, manuals, business plans, operational information or practices, processes (whether or not patented, 5.1.3 NO IMPLIED WARRANTIES. EXCEPT AS EXPRESSLY patentable or reduced to practice), customer lists, contractual PROVIDED IN THIS MASTER AGREEMENT, FPLES MAKES NO arrangements with, and information about, FPLES's suppliers, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, distributors and Subcontractors furnished or to be furnished by CONCERNING THE SYSTEM, AND FPLES DISCLAIMS ANY FPLES pursuant to this Master Agreement is FPLES Confidential WARRANTY IMPLIED BY LAW, INCLUDING IMPLIED Information,shall remain the sole and exclusive property of FPLES WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A and may only be used by Customer for the operation, PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF maintenance, repair or alteration of the applicable System, to the CUSTOM OR USAGE. FPLES MAKES NO WARRANTIES OR extent permitted under this Master Agreement. Customer shall not GUARANTEES OF ANY NATURE WHATSOEVER acquire any rights or interest with respect to FPLES's or its CONCERNING THE ACTUAL REDUCTION IN THE Subcontractors' proprietary technology, know-how, processes or CUSTOMER'S ENERGY USAGE AS A RESULT OF THE any other intellectual property that may be used in connection with INSTALLATION AND OPERATION OF THE SYSTEM. Any the Services or the System. For the avoidance of doubt, estimated savings provided by FPLES in connection with this ownership of the System is governed by Section 12.0. Customer Master Agreement represent FPLES' reasonable expectation of shall not make any public statements or publish or circulate any the savings Customer may be able to achieve through the materials that reference the name of FPLES or its affiliates without installation and operation of the System in accordance with its the prior written consent of FPLES. specifications. Estimated savings are provided for information purposes only and are not guaranteed in any way. Customer 8,0 Risk of Loss. Customer shall bear all risk of loss, acknowledges and agrees that actual savings may deviate based damage or theft of any kind with respect to all or any part of a on Customer's actual usage patterns and operation as well as System located at a Service Location ("Casualty"), and Customer other extrinsic factors. shall indemnify and pay FPLES for the repair or replacement of any System or component subject to Casualty, unless such 5.2 Limitations of Liability. Except with respect to indemnity Casualty is caused by FPLES' or a Subcontractor's willful obligations under this Master Agreement related to third party misconduct or gross negligence. Any such Casualty directly claims, neither Party shall be liable to the other Party for special, caused by FPLES or its Subcontractor shall be the responsibility of indirect, incidental, exemplary, consequential or punitive damages, FPLES. Customer shall notify FPLES in writing of any Casualty including lost profits, even if the Party has been advised that such within 5 days of its actual knowledge thereof and, if Customer is damages are possible. Except with respect to indemnity responsible for such Casualty under this Master Agreement, obligations under this Master Agreement related to third party Customer shall at the option of FPLES: (a)permit FPLES to repair claims, FPLES's aggregate liability for direct damages shall not the System, at Customer's cost, to good repair, condition and exceed ten percent(10%)of the fees paid or payable by Customer working order; (b) place the System in good repair, condition and for the Services giving rise to such damages. working order; (c)replace the System or System component with a like System or System component in a condition acceptable to 6.0 Access and Information. FPLES and transfer clear title to or a right to use, as appropriate, such System or System component to FPLES or its assignee, 6.1 Customer Cooperation. Customer shall use reasonable efforts whereupon such System or System component shall be subject to to assist FPLES in performing the Services contemplated by this this Master Agreement and be deemed the System for purposes Master Agreement and each applicable Agreement, including hereof; or(d)on the due date for the next Service Fee or upon the providing information reasonably requested by FPLES concerning earlier of the expiration of the applicable SOW, pay to FPLES the the Service Location(s), making appropriate Customer personnel Early Termination Fee or, with respect to a System component, available if requested by FPLES to assist FPLES in performing such portion of the Early Termination Fee that FPLES reasonably such Services, and taking any other actions FPLES may allocates to such component. FPLES shall apply the proceeds of a reasonably request from time to time to achieve the purposes and Casualty received by FPLES toward the replacement or repair of intent of this Master Agreement and each applicable Agreement. the System or the obligations of Customer hereunder. If FPLES elects to repair or replace such Casualty, it shall do so within the time periods specified in Section 3.6, and Customer shall, within 6.2 Access to Service Locations. Upon the request of FPLES, thirty(30)days following demand, pay FPLES' reasonable charges Customer shall provide FPLES and its Subcontractors with therefor. The failure of the System to operate in part or in whole 4 119790526_4 Page 243 of 1743 due to a cause for which Customer is responsible under this 9.3. Insurance to Be Maintained by Customer. During and Master Agreement shall not release Customer of any of its throughout the term of each Agreement and until all amounts obligations hereunder or entitle Customer to any Service Fee set- payable to FPLES pursuant to each Agreement are paid in full, off,abatement or withholding. Customer shall maintain, as of the date of installation of each System, the following minimum insurance coverages with 9.0 Insurance. insurance companies rated 'A-, VII" or higher by A.M. Best's Key Rating Guide that are licensed to do business in the State where 9.1 Insurance to Be Maintained by FPLES.At any time that FPLES the Services are performed or to be performed: is performing Services under this Master Agreement at any Service Location, FPLES shall keep and maintain the following 9.3.1 Statutory Workers' Compensation Insurance: Workers' minimum insurance coverages with insurance companies rated 'A_ compensation insurance as required by Applicable Laws where the , VII" or higher by A.M. Best's Key Rating Guide that are licensed Services are performed; to do business in the State where the Services are performed or to be performed: 9.3.2 Employer's Liability Insurance: Employer's liability insurance with a limit of liability of (i) one million dollars ($1,000,000) for 9.1.1 Statutory Workers' Compensation Insurance: Workers' bodily injury per accident, (ii) One Million Dollars ($1,000,000) for compensation insurance as required by Applicable Laws where the bodily injury by disease per policy and (iii) One Million Dollars Services are performed; ($1,000,000)for bodily injury by disease per employee; 9.1.2 Employer's liability Insurance: Employer's liability 9.3.3 General Liability Insurance: General liability insurance one insurance with a limit of liability of (i) one million dollars million dollars ($1,000,000) combined single limit per occurrence ($1,000,000) for bodily injury per accident, (ii) One Million Dollars for bodily injury, death and/or property damage for each ($1,000,000) for bodily injury by disease per policy and (iii) One occurrence; Million Dollars ($1,000,000) for bodily injury by disease per employee; 9.3.4 Automobile Liability Insurance:Automobile liability insurance, which shall apply to all owned, non-owned, leased and hired 9.1.3 Commercial General Liability Insurance: Commercial general automobiles in the amount of one million dollars ($1,000,000) liability insurance with a limit of one million dollars($1,000,000)per combined single limit per occurrence for bodily injury and property occurrence for bodily injury,death and/or property damage; damage for each accident;and 9.1.4 Automobile Liability Insurance:Automobile liability insurance, 9.3.5 Property Insurance: All-Risk property insurance, covering which shall apply to all owned, non-owned, leased and hired physical damage, on the applicable System on a replacement cost automobiles in the amount of one million dollars ($1,000,000) basis. combined single limit per occurrence for bodily injury and property damage for each accident. 9.4 Customer shall provide FPLES with insurance certificates which provide evidence of the insurance coverage under this FPLES shall provide Customer with insurance certificates which Master Agreement. At least thirty (30) days prior written notice of provide evidence of the insurance coverage under this Master cancellation or non-renewal of the above-noted insurance,with the Agreement. At least thirty (30) days prior written notice of exception of ten (10) days for nonpayment of premiums, shall be cancellation or non-renewal of the above-noted insurance,with the provided by Customer to FPLES. Customer shall include FPLES exception of ten (10) days for nonpayment of premiums, shall be and its assigns on all the policies shown in this Section 9.3 as an provided by FPLES to Customer. FPLES shall include Customer "Additional Insured" (with the exception of policies listed in on all the policies shown in this Section 9.1 as an "Additional Subsection 9.3.1 and 9.3.5) for any liability or damage arising out Insured' (with the exception of policies listed in Subsection (9.1.1)) of the performance of the obligations assumed by Customer under for any liability or damage arising out of the performance of the this Master Agreement and "Lender/Lessor Loss Payee" for the obligations assumed by FPLES under this Master Agreement.Any policy listed in Subsection 9.3.5. Any coverage provided under coverage provided under such policies to Customer shall be these policies to FPLES shall be primary to any other coverage primary to any other coverage available to Customer. available to FPLES. Customer hereby releases and waives, and Notwithstanding, the failure to provide certificates or add Customer will cause its insurers to release and waive, any right of as an additional insured in accordance with this Section shall not subrogation against FPLES and each of its Subcontractors. release FPLES in any manner of any liability established under this Notwithstanding, the failure to provide certificates or add FPLES Master Agreement. as an additional insured or provide a waiver of subrogation in accordance with this Section shall not release Customer in any 9.2 Self-Insurance. Notwithstanding any other requirement set manner of any liability established under this Master Agreement. forth in this Section 9, FPLES may sell-insure (the "Self- Insurance")to the extent FPLES or an affiliate of FPLES (the "Self 10.0 Indemnification. Insurer") maintains a self-insurance program under which FPLES may be insured; provided that: (a) the Self-Insurer's Credit Rating 10.1 Indemnity Obligations. FPLES shall indemnify, defend and is rated at BBB- or better, by Standard & Poor's, and Baa3 or hold Customer, its officers, agents, and employees harmless better by Moody's, and (b) FPLES has provided Customer with against any and all claims, actions, proceedings, injuries, deaths, notice of its election to self-insure pursuant to this Section 9. For expenses,damages,and liabilities, including reasonable attorney's any period of time that the Self-Insurer is unrated by Standard & fees ("Claims"), by third parties to the extent resulting from the Poor's or the Self-Insurer's credit rating is rated at less than negligence of or material breach of the Agreement by FPLES, its Investment Grade, FPLES shall comply with the insurance employees, or Subcontractors. For the avoidance of doubt, requirements applicable to it under this Section 9. FPLES shall FPLES's indemnity obligations under this Section shall not apply provide Customer with letters of Self-Insurance to evidence the with respect to any third party claims in connection with FPLES's insurance coverage under this Master Agreement obligations under Section 3.6 or Section 8, except to the extent 5 119790526_4 Page 244 of 1743 that the claim is related to the negligence of FPLES or its sale of the applicable System. Each System is, and shall at all Subcontractors (without respect to the deadlines set forth in times be and remain the sole and exclusive property of FPLES, Section 3.6) in the actual performance of maintenance Services. and Customer shall have no right, title or interest therein or CUSTOMER ACKNOWLEDGES SOLE RESPONSIBILITY FOR thereto, except as to the use thereof subject to the terms and THE SAFETY OF THE SERVICE LOCATION AND conditions of this Master Agreement. CUSTOMER ACKNOWLEDGES THAT FPLES NEITHER HAS, NOR ACKNOWLEDGES THAT FPLES MAKES NO ASSUMES, ANY OBLIGATION TO ENSURE THE SERVICE REPRESENTATION OR WARRANTY REGARDING LOCATION'S SAFETY. Customer shall indemnify, defend and TREATMENT OF THE TRANSACTION BY THE INTERNAL hold FPLES, its officers, agents, employees and assigns harmless REVENUE SERVICE OR THE STATUS OF THIS MASTER against any and all Claims arising in connection with the applicable AGREEMENT OR ANY APPLICABLE AGREEMENT UNDER ANY System or use thereof except to the extent of FPLES's indemnity FEDERAL OR STATE TAX LAW OR FOR ACCOUNTING obligations hereunder. The Party obligated to indemnify under this PURPOSES; CUSTOMER ENTERS INTO THIS MASTER Section 10 is hereinafter referred to as the "Indemnitor" and the AGREEMENT IN SOLE RELIANCE UPON CUSTOMER'S OWN Party entitled to indemnification under this Section 10 is hereinafter ADVISORS. Customer will not directly or indirectly create, incur, referred to as an "Indemnitee". assume or allow to exist any lien, claim or encumbrance (each, a "Lien") on or with respect to any System. Customer, at its own 10.2 Defense of Claims. Indemnitor shall have the right to defend expense, will promptly pay, satisfy or otherwise take such actions Indemnitee by counsel (including insurance counsel) of as may be necessary to keep each System free and clear of any Indemnitor's selection reasonably satisfactory to Indemnitee, with and all such Liens. Each System is and shall at all times shall respect to any Claims; provided, such counsel shall communicate remain personal property notwithstanding how it or any item and correspond with Indemnitee's designee regarding the status thereof may now be or hereafter become affixed, attached, and progress of the case. Indemnitee shall give Indemnitor prompt imbedded in resting upon real property or any improvement written notice of any asserted Claims indemnified against thereof. If requested by FPLES, Customer will promptly obtain and hereunder and shall cooperate, at the Indemnitor's cost, with deliver to FPLES waivers of interest or waivers of Liens in form Indemnitor in the defense of any such Claims; provided that the satisfactory to FPLES from all persons or entities claiming any failure to give timely notice shall not excuse Indemnitor's interest in the real property or improvements where the applicable obligations other than to the extent of any resulting prejudice. System is located. Each System shall at all times during the Indemnitor shall not settle any such Claims without prior written Service Term be kept at the Service Location designated in the consent of Indemnitee. Notwithstanding anything to the contrary applicable SOW and shall not be removed therefrom or released above, Indemnitee reserves the right to retain counsel, at from the possession of the Customer without FPLES' prior written Indemnitee's expense, and to participate in the defense and consent. FPLES may, at Customer's expense, attach markings to settlement of any Claim. each System indicating FPLES' ownership thereof. All equipment, upgrades, parts and replacements for or which are added to or 10.3 Survival. The obligations of the respective Parties under this become attached to or a part of a System shall be deemed Section 10 shall survive the termination or expiration of this Master incorporated into the System and become the property of FPLES Agreement and each applicable Agreement with respect to any without further action on its part. In the event any SOW shall be Claims or liabilities accruing prior to such termination or expiration. deemed a disguised sale, Customer hereby grants to FPLES a security interest in the System and all substitutions, accessions and proceeds thereof to secure Customer's obligations under the 10.4 Remedies. The express remedies of this Section 10 are the SOW and hereby authorizes FPLES, or its assignee's, to file sole and exclusive obligations of Indemnitor and the sole and financing statements under the Uniform Commercial Code with exclusive remedies of the Indemnitee with respect to any claims respect to the System to evidence FPLES' or its assignee's within the scope of the indemnities set forth in Section 10.1. interests therein. 11.0 Hazardous Materials. Except to the extent of hazardous 12.2 Warranty of Title. FPLES warrants that it has good title to the materials brought to the Service Location by FPLES, Customer applicable System furnished or installed by FPLES or its shall have sole responsibility and liability with respect to the proper Subcontractors. identification, removal and disposal of any hazardous materials (e.g., asbestos) or correction of any hazardous condition at a Service Location which affects FPLES's performance of the 12.3 Taxes. Customer is responsible for and shall pay all taxes Services under this Master Agreement. If, during the course of due under or rising in connection with the Agreement, including all performing the Services, FPLES becomes aware of any such real and personal property taxes or assessments upon each applicable System which are now o hazardous materials or hazardous condition, FPLES shall promptly report such matter to Customer before disturbing (or further assessed by any governmental authority, all present or future hereafter imposed or disturbing)such materials or condition. Work in the affected areas import duty, federal, state, county, municipal other excise or shall be resumed by FPLES only upon the written notice from similar taxes levied with respect to the System, including all such applicable sales taxes imposed upon the Customer's rights to the Customer that such materials have been removed s condition has been corrected, and then only if such continuation of System under this Master Agreement and all stamp taxes arising in connection with the filing of any financing statement oralien with work shall not violate any applicable law or permit. Customer shall respect to the Agreement or System. Customer shall pay FPLES indemnify, defend and hold harmless FPLES and its r on demand as additional Service Fees: (i) the amount of the Subcontractors with respect to any liability, cost or expense of whatever nature incurred as a result of any such hazardous personal property tax required tbe paid FPLES as owner of materials or hazardous condition. such System, (ii) an administrative fee for processing tax returns, assessments and payments, and (iii) applicable sales tax. FPLES may reasonably estimate and invoice Customer in advance for any 12.0 Title,Security Interest and Taxes. taxes to be paid hereunder and may include estimated taxes and administrative fees in the Service Fees. Customer acknowledges 12.1 Title. This Master Agreement and each applicable Agreement and agrees that FPLES may rely upon its accounting records to is a service agreement and does not constitute a capital lease or substantiate any increase or additional Service Fees necessitated 6 119790526_4 Page 245 of 1743 by a shortfall between estimated taxes and actual taxes imposed FPLES shall promptly, but in no event more than thirty (30) or assessed by any governmental authority. FPLES shall have no calendar days after FPLES becomes aware of such Customer- obligation or liability with respect to any real property tax or with caused delay, notify Customer in writing. FPLES shall issue a respect to any income, excess profits, or revenue tax charged or Change Order to equitably adjust the time of performance and/or levied against Customer in connection with this Master Agreement Service Fees as applicable. or the applicable System or Services. Customer shall indemnify and hold FPLES harmless from and against all present and future 14.4 Unknown Conditions. If FPLES (i)encounters any concealed taxes and other governmental charges, or any increases therein subsurface conditions which a reasonable, experienced contractor (including, without limitation, sales, use, leasing and stamp taxes would not foresee existing at the Service Location or which vary and license and registration fees) and amounts in lieu of such from the conditions shown in the applicable SOW, if any, and (ii) taxes and charges and any penalties or interest on any of the any such condition affects the performance of the Services or the foregoing, imposed, levied upon, in connection with, or as a result cost of providing the Services, then FPLES shall notify Customer of the delivery, possession or use of each applicable System, or thereof no later than thirty (30) days after the date of such based upon or measured by the Services or Service Fees. unknown or concealed Service Location condition, and FPLES Customer shall not, however, be obligated to pay any taxes on or shall issue a Change Order to equitably adjust the time of measured by FPLES net income or net worth. performance and/or Service Fees as applicable. 13.0 Force Majeure. If a Party is prevented or delayed in the 15.0 Default and Remedies. performance of any such obligation by a Force Majeure Event, such Party shall immediately provide notice to the other Party of 15.1 Events of Default. "Event of Default" shall mean any one or the circumstances preventing or delaying performance and the more of the following: (a) except as provided in Section 15.2.1.1, expected duration thereof. Such notice shall be confirmed in FPLES materially fails to perform any obligation under the writing as soon as reasonably possible. The Party so affected by a Agreement and fails to cure or commence and diligently proceed Force Majeure Event shall endeavor, to the extent reasonable, to to cure such obligation within thirty (30) days written notice from remove the obstacles which prevent performance and shall Customer; (b) except as provided in Section 15.2.1.1, Customer resume performance of its obligations as soon as reasonably fails to timely perform its payment obligations under any applicable practicable. Provided that the requirements of this Section 13 are SOW; (c) Customer fails to perform or observe any of the satisfied by the affected Party, to the extent that performance of covenants set forth in Section 9 (Insurance); (d) Customer fails to any obligation(s) is prevented or delayed by a Force Majeure perform or observe any other covenant, term or condition under Event, the obligation(s) of the affected Party that is obstructed or the Agreement and such failure is not cured within 30 days after delayed shall be extended by the time period equal to the duration written notice thereof by FPLES; (e) Customer sells, transfers or of the Force Majeure Event. Notwithstanding the foregoing, the otherwise disposes of any applicable Service Location; (f) occurrence of a Force Majeure Event shall not relieve Customer of Customer or any guarantor of Customer's obligations or liabilities payment obligations set forth in Section 3 and Section 12. hereunder("Guarantor")shall enter into any transaction of merger or consolidation in which it is not the surviving entity or sell, 14.0 Changes. transfer or otherwise dispose of all or substantially all of its assets or shall undergo a change in control; (g)(i) Customer or Guarantor 14.1 Customer Initiated Changes. Upon receiving a request for a commences any action: (A) for relief under any existing or future Customer initiated Change, FPLES may at its sole option prepare law of any jurisdiction, domestic or foreign, relating to bankruptcy, and deliver a proposed Change Order to Customer listing the insolvency, reorganization or relief of debtors; or (B) seeking Service Fee adjustments and scheduling adjustments for the appointment of a receiver, custodian or other similar official for it or Change. FPLES shall not be obligated to proceed with or perform for its assets or making a general assignment for the benefit of its any Change requested by Customer hereunder until the Parties creditors; or (ii) there shall be commenced against Customer or have agreed in writing upon any such Change Order. Except to the Guarantor any action of a nature referred to in subsection extent a Change specifically results in an amendment or 15(f)(i)(A)that results in the entry of an order for relief or any such adjustment to one or more provisions of this Master Agreement,all other relief and remains un-dismissed or un-discharged for a provisions of this Agreement shall apply to all Changes, and no period of 30 days after the occurrence of such event; (h)Customer Change shall be implied as a result of any other Change. or Guarantor shall liquidate or dissolve itself or be liquidated, dissolved or terminated by statute or otherwise; (i) any 14.2 Change in Laws and/or Permits. If FPLES (i) encounters a representation or warranty made by Customer or Guarantor or change in applicable laws, rules or regulations or applicable otherwise furnished to FPLES in connection with the Agreement permits that affect FPLES's ability to perform the Services at a shall prove at any time to have been untrue or misleading in any Service Location and (ii) any such change causes an increase or material respect; Q) Customer or Guarantor defaults on any decrease in the Service Fees or time of performance, then FPLES indebtedness for borrowed money, lease, or installment sale shall notify Customer thereof no later than thirty (30)days after the obligation, in each case when any applicable grace period for such date of such change in applicable laws, rules or regulations or obligation has expired and regardless of whether such applicable permits at the Service Location, and FPLES shall issue indebtedness has been accelerated or the applicable lender, a Change Order to equitably adjust the time of performance and/or lessor or creditor has commenced to exercise any remedy; or (k) Service Fees. Customer or Guarantor shall be in default, after any grace or cure period, under any other agreement of which FPLES or any of its 14.3 Customer-Caused Delay or Affect. Should the actions or affiliates is a party or beneficiary. inactions of Customer or any of its representatives or agents cause a delay of, or any failure of the Customer or any of its 15.2 Remedies. representatives or agents to fulfill its obligations hereunder cause a materially adversely affect on, FPLES's performance of the 15.2.1 FPLES Event of Default. Subject to the dispute resolution Services which affects the time for completion of the Services or procedures and cure rights pursuant to Section 15.2.1.1, upon the an increase or decrease in the cost of providing the Services, occurrence of a FPLES Event of Default, Customer may terminate 7 119790526_4 Page 246 of 1743 this Master Agreement and each applicable Agreement by written preclude the exercise of any other remedy. In addition, Customer notice to FPLES. Within 30 days following such termination, shall be responsible for all costs and expenses incurred by FPLES Customer shall pay FPLES an amount (to the extent not already in the exercise of its remedies hereunder, including without paid) equal to the sum of all Service Fees payable up to the limitation, reasonable attorneys'fees and removal costs. No failure termination date and other amounts due as of the termination date, on the part of FPLES to exercise and no delay in exercising any including applicable taxes. FPLES shall be liable and responsive right or remedy shall operate as a waiver thereof or modify the for removal costs of each applicable System. terms of this Master Agreement. A waiver of default shall not be a waiver of any other or subsequent default. FPLES's recovery 15.2.1.1 Allegation of Default of FPLES's Continuinq hereunder shall in no event exceed the maximum recovery Obligations. In the event that Customer believes or alleges that permitted by law. FPLES has failed to perform some or all of its continuing Services obligations to Customer after the Final Acceptance Date, 15.2.3 Right of Access and Removal. Pursuant to the easement Customer will provide FPLES with written notice thereof prior to set forth in Exhibit 2 to the applicable SOW, (a)for the purpose of withholding any portion of the Service Fees due under the installing each applicable System, and maintaining the System Agreement; provided however that Customer may withhold an during the Service Term, and (b)for the purpose of removing each equitable portion of the Service Fees after giving such written applicable System in the event of(i) expiration of the Agreement, notice, subject to FPLES's potential remedy related thereto as set (ii) any early termination pursuant to Section 4, or (iii) any forth below. Promptly upon receipt of such notice, FPLES will termination of the Agreement pursuant to Section 15.2, Customer appoint an independent qualified engineer reasonably acceptable grants FPLES the right to enter the Service Location. to Customer to determine whether FPLES has breached any of such continuing Services obligations, and both Customer and 16.0 Assignment. FPLES acknowledge and agree that the determination of the independent engineer will be final and binding upon the Parties. In 16.1 Agreement Binding. This Master Agreement and Agreement the event that the independent engineer finds in favor of Customer, entered into by the Parties shall be binding upon,and shall inure to (i) FPLES will pay the reasonable fees of the independent the benefit of, the Parties and their successors and permitted engineer, and (ii) FPLES shall have the right to cure non- performance of the applicable continuing Services within thirty(30) assigns. days following such determination; provided however that Customer shall have a right of termination pursuant to Section 16.2 Permitted Assignment. (a) Customer may not assign this 15.2.1 if FPLES does not timely perform its cure obligations under Master Agreement or any applicable Agreement without the prior this Section 15.2.1.1. In the event that the independent engineer written consent of FPLES, which consent shall not be finds in favor of FPLES, (i) Customer will pay the reasonable fees unreasonably withheld. No such assignment by Customer or of the independent engineer and (ii) if Customer has withheld any consent by FPLES to Customer's assignment shall release Service Fees due under the Agreement, Customer shall remit such Customer of any of its obligations under this Master Agreement or amount to FPLES, together with interest at the Delayed Payment any applicable Agreement. (b) FPLES may,without the consent of Rate,within five (5)business days of such determination; provided Customer, assign this Master Agreement, any applicable that FPLES shall have a right of termination pursuant to Section Agreement, Services, or any portion thereof, to (i) any controlled 15.2.2 in the event that Customer does not timely perform its affiliate of FPLES's parent company, NextEra Energy, Inc.,without payment obligations under this Section 15.2.1.1. the right to further assign or transfer any rights, obligations, duties or other interest in this Contract (except to any other controlled 15.2.2 Customer Event of Default. Upon the occurrence of a affiliate of NextEra Energy, Inc.), or (ii) a successor corporation Customer Event of Default, FPLES may exercise, in whole or in into which all or substantially all of assets of FPLES are merged or part, any one or more of the following remedies: (a) suspend or otherwise consolidated, regardless of whether FPLES is the discontinue performance of Services without liability; (b)terminate surviving entity in such merger or consolidation. (c) FPLES may, this Master Agreement and each applicable Agreement, with or without the consent of or notice to Customer, assign its right, title without such termination, and declare each applicable Early and interest, or any portion thereof, in this Master Agreement, Termination Fee immediately due and payable, without set-off or each applicable Agreement, the Service Fees and/or each withholding, as liquidated damages and for loss of bargain, which applicable System, but not FPLES' obligations under this Master Customer acknowledges is a reasonable estimation of FPLES' Agreement or each applicable Agreement, to any other entity, it actual damages and not a penalty; (c) terminate any other being agreed that upon any such assignment, FPLES shall remain statements of work with Customer without notice or demand; (d) fully responsible for all of its obligations hereunder. (d) Except with Charge Customer interest on all monies due FPLES at the respect to FPLES' unperformed continuing Service obligations Delayed Payment Rate; (e) Require Customer to gather all or any during the Service Term, upon assignment of any applicable SOW part of the System at Customer's expense, at a place reasonably to any such entity, Customer's payment obligations shall at all designated by FPLES; (f) Remove and take possession of each times be absolute and unconditional and shall not be subject to, applicable System,without demand or notice,wherever same may nor shall Customer assert against the assignee, any claim, defense, set-off, deduction, counterclaim, or recoupment be located,with or without any court order or pre-taking hearing or whatsoever that Customer may at any time have against FPLES. other process law; and (g)exercise any other remedy available (e) Any assignment which does not comply with the provisions of to FPLES at laww or in equity. FPLES may, at its option, use, ship, this Section 16.2 shall be null and void. store or repair any or all items of the System so removed and may sell, lease or otherwise dispose of any such System at a private or public sale. Customer shall permit FPLES to exhibit each 16.3 No Third Party Beneficiaries. Except as otherwise expressly applicable System to potential buyers at the Service Location as provided herein, neither this Master Agreement nor any term or reasonably requested by FPLES. All remedies of FPLES provision or obligation arising hereof or hereunder shall be hereunder are cumulative, are in addition to any other remedies construed as being for the benefit of any Party not a signatory provided for by law, and may, to the extent permitted by law, be hereto or its permitted assigns. exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy or to 17.0 Disputes. 8 119790526_4 Page 247 of 1743 17.1 No Set-Off. Except as expressly permitted under the documents or any applicable law, rule or regulation; have been terms of this Master Agreement, all payments under this Master approved by all necessary persons or entities; and do not and will Agreement shall be made without set-off or deduction. Any not conflict with or cause any breach or default under any payment not made by the date required by the Agreement shall agreement or instrument to which such Party is a party or by which bear interest from the date on which such payment was due and it or any of its properties is bound; and (ii)this Master Agreement payable through and including the date such payment is actually has been duly executed and delivered by such Party and received at the Delayed Payment Rate at an annual rate equal to constitutes the valid and legally binding obligation of such Party, the Delayed Payment Rate. enforceable against the other Party in accordance with its terms, except to the extent that enforceability may be limited by 17.2 Pendency of Dispute. The existence of any Dispute, applicable bankruptcy, insolvency, reorganization, moratorium or controversy or claim under this Master Agreement, or the similar laws and subject to general equitable principles. Customer pendency of the Dispute settlement or resolution procedures set further represents that (iii) it has the legal right and authority to forth in this Master Agreement, shall not in and of themselves permit FPLES to install the applicable System and provide the relieve or excuse either Party from its ongoing duties and Services at the Service Locations; and (iv) if the Service Location obligations hereunder or thereunder. is not owned by Customer, the term of Customer's lease for each Service Location is not less than the Service Term, as the same 17.3 Alternative Dispute Resolution Process. Upon the written may be extended or renewed under this Master Agreement. request of either Party, the Parties will meet for the purpose of resolving such Dispute. The Parties agree to discuss the problem 18.5 Drafting Interpretations and Costs. Preparation and and negotiate in good faith to attempt to resolve the Dispute. negotiation of this Master Agreement has been a joint effort of the Disputes that cannot be settled to in a manner described via Parties and the resulting document shall not be construed more informal discussions shall be litigated and have exclusive venue in severely against one of the Parties than against the other. Each the Circuit Court for Miami-Dade County or Palm Beach County, Party shall be responsible for its own costs, including legal fees, Florida or the United States District Court for the Southern District incurred in negotiating and finalizing this Master Agreement. of Florida. 18.6 Captions. The captions contained in this Master Agreement 18.0 General Provisions. are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of such document or 18.1 Entire Agreement: Construction. This Agreement, together the intent of any provision contained therein. with any exhibits attached hereto or thereto, sets forth the full and complete understanding of the Parties,and supersedes any and all 18.7 Severability/Divisible Contracts. (a) The invalidity of one or negotiations, agreements and representations made or dated prior more phrases, sentences, clauses, Sections or Sections contained thereto with respect to the subject matter thereof. Any actions or in this Master Agreement shall not affect the validity of the Services described in this Master Agreement which were remaining portions thereof so long as the material purposes of performed or implemented by the Parties prior to the Effective such document can be determined and effectuated. (b) Each Date of this Master Agreement shall for all purposes be deemed to Agreement under this Master Agreement shall constitute a have been performed under this Master Agreement. In the event separate and divisible contract which FPLES may assign to one or of any conflict between any applicable Agreement and this Master more assignees, in whole or in part, and each and every such Agreement,the Agreement shall control, but only to the extent that assignee of FPLES shall be entitled to the benefits and rights of the applicable SOW cross-references the provision of this Master FPLES under this Master Agreement, and shall be entitled to Agreement intended to be superseded and sets forth the intent to exercise the rights of FPLES under this Master Agreement supersede such provision. 18.8 Further Assurances. FPLES and Customer each agree to do 18.2 Amendments. No change, amendment or modification of this such other and further acts and things, and to execute and deliver Master Agreement, any applicable Agreement or schedule or such additional instruments and documents, as either Party may exhibits thereto shall be valid or binding upon the Parties unless reasonably request from time to time whether at or after the such change, amendment or modification shall be in writing and execution of this Master Agreement, in furtherance of the express duly executed by both Parties. provisions of this Master Agreement. 18.3 Status of the Parties. FPLES and its Subcontractors are 18.9 Applicable Law. This Master Agreement shall be governed independent contractors with respect to the Services performed by, construed and enforced in accordance with the laws of the hereunder irrespective of whether such Subcontractors are State of Florida,exclusive of conflicts of laws provisions. approved by Customer, and neither FPLES nor its Subcontractors, nor the employees of either,shall be deemed to be the employees, 18.10 Counterparts: Electronic Delivery. This Master Agreement representatives or agents of Customer. Nothing in this Master may be signed in any number of counterparts and each Agreement shall be construed as inconsistent with the foregoing counterpart shall represent a fully executed original as if signed by independent contractor status or relationship, or as creating or both Parties. An electronically signed or transmitted copy of this implying any partnership, joint venture, trust or other relationship Master Agreement shall be deemed an original for evidentiary between FPLES and Customer. purposes. 18.4 Representations. Each Party hereby represents and warrants 18.11 Waiver of Jury Trial. EACH OF THE PARTIES HERETO to the other that, effective as of its execution of this Master HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY Agreement: (i) the execution and delivery by it of the any WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL applicable Agreement and the performance of its obligations BY JURY IN RESPECT OF ANY LITIGATION BASED HERON, hereunder have been duly authorized by all requisite actions and OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS proceedings; are not inconsistent with and do not and will not MASTER AGREEMENT, OR ANY COURSE OF CONDUCT, contravene any provisions of such Party's organizational COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR 9 119790526_4 Page 248 of 1743 WRITTEN), OR ACTIONS OF EITHER PARTY HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS MASTER AGREEMENT. 18.12 No Waiver. The failure of a Party to enforce, insist upon, or comply with any of the terms, conditions or covenants of this Master Agreement, or a Party's waiver of the same in any instance or instances shall not be construed as a general waiver or relinquishment of any such terms, conditions or covenants, but the same shall be and remain at all times in full force and effect. 18.13 Notices. All notices, demands, offers or other written communications required or permitted to be given pursuant to this Master Agreement shall be in writing signed by the Party giving such notice and shall be hand-delivered, sent via certified mail, return receipt requested and postage prepaid,or sent via overnight courier to such Party's notice address as set forth on the applicable SOW. Each Party shall have the right to change the place to which notices shall be sent or delivered or to specify additional addresses to which copies of notices may be sent, in either case by similar notice sent or delivered in like manner to the other Party. Notices delivered by email to a Party's designated contact person, other than notices of termination, non-renewal, default or demand for indemnification, shall be effective upon manual acknowledgement of receipt (i.e., not automated response). 10 119790526_4 Page 249 of 1743 IN WITNESS WHEREOF, the Parties hereby agree to be bound by the terms and conditions of this Master Agreement, effective on the Effective Date. FPL ENERGY SERVICES, INC. CITY OF BOYNTON BEACH BY: BY: NAME:Troy Rice NAME: TITLE: VP&GM TITLE: DATE: DATE: 119790526_4 Page 250 of 1743 SCHEDULE C Statement of Work No. 1 Project Name: City Of Boynton Beach—Town Square Service Location: 100 East Boynton Beach Blvd. Boynton Beach, FL. 33435 System Descri tion: FPL Energy Services,Inc. Customer: City of Boynton Beach FPLES Representative: Christian Pruitt Customer Andrew Mack Representative: Address: 6001 Village Blvd.,West Palm Address: 100 E. Boynton Beach Blvd. Beach, Florida 33407 Boynton Beach, FL. 33435 Telephone: (561)386-5761 Telephone: (561)742-6201 Facsimile: Facsimile: Email: Christian.Pruitt@fpl.com Email: MackA@bbfl.us This Statement of Work("SOW"), effective as of the 28th of August,2019("SOW Effective Date")is made subject to and will be governed by certain Master Lighting Services Agreement("Master Agreement")effective as of the 28th of August, between Customer and FPL Energy Services, Inc. ("FPLES"),the terms of which are incorporated herein by reference. Capitalized terms not otherwise defined herein have the meaning set forth in the Master Agreement. If the Parties intend for a term of this SOW to modify, amend or supersede a term of the Master Agreement for Services to be performed under this SOW,then the Parties must specifically reference in this SOW the specific term in the Master Agreement that is being modified, amended or superseded and the intention of the Parties to modify, amend or supersede such term by the SOW provision. 1. Scope and Specifications of System: New Fixture New Quantity Description Wattage —,7,7,77777 j +fm,�'"" �rr �,t: t5r ^�fir*{'="'�" i 'ri' rr r,r� 4!{ ,}; r1 !!)�+ '>� �t ;r—j tr YYt rYa'^m?�`n °ir t# s�r t\llt tr t i- f ! i; 1 1 - t f ) t t F" tt....Uhl 1 \{)tit ti �il�j r4 �tlU,.t sS 1t{,,,,�ii t t,;��l jt tlttt t s+}�!'{f rt�ltl rirt it('t vr}St}l{ryv r: tls it \\ +t� Ityl Si l4 1 +t?( , itsf { r ) sr}rt.s Er Jr� E i Holophane West Liberty Crossarm 6' 17 NIA ln't j—pct t 1 titV 7't, S;Ss+�t{i�'tnf'�7tjl Fr>-,y1i t Setrf f(I t yfri{f t?r+ttt+ { rv{\,tirt.'t 7\hi tJ r g,lr lnt n } r / ^ rlti 77777 sN t tyi �}1 )1 t r:. ftj tl f k fi i I ( S)4 j � } s It , si '1 } i ti it t t{) j�1;+tlt tt { itirr 7 r reit is\+ 1 Page 251 of 1743 Hapco Smart Trac Anchor Base Pole(no GFC1) 21 N/A IC `t } ;rs'^.tuf r} t {r}ri rs ?jtl ttllt � l - i(Pi}` `ttl;:r'i'"k17ri 1 ti- s ;air�r3rt, ' rrj s II '7''""tl' '1 r\ii X- at tl�titt tja ram�`s' ss t A0 si tf} h �,�� fss}ytt >is ;} 'tVi rtvt'q / 421 rs fit};yS?..3tt+t d(}tt - ryti )s1 ijl 4' r t "t i i Ott tl j t ri rs, �fi lfr fv � t(l 's Hapco Smart Trac Anchor Base Pole(Bottom GFCI) 9 N/A r4 j1Jl }t.t lrr tJti v}�tI (+1�"` lr t} s rs7sr ifIt 3 1 ((A, `} 4U t tk� l` r ";tst tc } �r� yr Hapco Smart Trac Large Locking Cam(for wired accessories) 12 N/A l yi tU4 it c + ,7,T i s 1777t i t)f (St st tr,f ` t a•{ �} r `Ir` }} t ; �v 1 t t)r' i `t {` i } ' i it ir`r z}rt Ii4il s 1 i�} fU} i Y+} t t Provide Labor and install Concrete bases, hand holes,wire, poles& fixtures.Scope includes connecting at the hand hole for each N/A N/A fixture location i ! +'i"'i jrr}j t{"'st� t.''stJ�1r'l� �:t`I rr�fii'Y°y°i rri vt:�)rrc1� »+}r u t lrl�'ttr- }; f+jt \ S� rt t+t s tii tttir 1 ly -r tsrt "4' 1� tsrt >_�slt tor } y is ( st trt ! t sit i Ytijrrrk r . t{r ti\ 1 f tri 3-rt}'t}+7 } 'l t {;tS t cti t ftl U t) tyy f NOTE: The City of Boynton Beach is responsible for required permits, conduit install,stub up, connecting to/providing circuit breakers or lighting controls. 2. After removal,existing fixtures will be disposed of by FPLS, or ❑ will be retained by Customer at the following location: 3. FPLES Responsibilities for Construction and Installation of the System. FPLES shall provide: (i) Poles (ii) Lighting fixtures (iii) Mounting arms and brackets (iv) Miscellaneous material (v) Consumables (vi) All required labor to install the System. Page 252 of 1743 4. Service Fees Monthly Service Fee:$6,474.20 5. Customer Responsibilities;The Customer shall: (i) Provide reasonable access to each Service Location (ii) Make appropriate Customer personnel available if requested by the Company to assist the Company in performing Services (iii) Provide access to electrical and water service (iv) Provide on site laydown area storage containers. (v) Provide on site location for dumpsters. IN WITNESS WHEREOF,the Parties have executed this SOW as of the Effective Date. FPL ENERGY SERVICES, INC. CITY OF BOYNTON BEACH By: By: Name: Troy Rice Name: Title: VP&GM Title: Page 253 of 1743 SOW EXHIBIT 1 Equipment Warranties 10-year Equipment Warranty is included. Page 254 of 1743 SOW EXHIBIT 2 Prepared by and after recording Return to: FPL Energy Services, Inc. Attn: Rex Noble 6001 Village Blvd. West Palm Beach, Florida 33407 EASEMENT KNOW ALL MEN BY THESE PRESENTS that whose address for notices is ("Grantor") in consideration of the payment of $1.00 and other good and valuable consideration,the adequacy and receipt of which is hereby acknowledged,grant and give to FPL Energy Services, Inc., a Florida corporation, its affiliates, licensees, successors, and assigns, whose address for notices is 6001 Village Blvd., West Palm Beach, Florida 33407 ("FPLES"), a non-exclusive easement forever for the construction, operation, maintenance, repair, and replacement of lighting facilities (including poles, cables, wires, conduits, lamps, lenses, photocells, luminaires and appurtenant equipment) to be installed from time to time; with the right to reconstruct, inspect, alter, improve, add to, enlarge, change the nature or physical characteristics and the size of, remove, and relocate such facilities or any of them upon, across, over, and under an easement described as follows: See attached Exhibit"A"("Easement Area"); Together with all rights and privileges necessary or convenient for the full enjoyment or the use thereof for the herein described purposes,including,but not limited to,the right of ingress and egress to the Easement Area at all times over the adjoining land of Grantor;the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lighting facilities;with the understanding that the rights granted hereunder shall not unreasonably interfere with Grantor's use of the Easement Area. Grantor further grants to FPLES the right to utilize the Easement Area and any adjoining real property owned by Grantor for storage and laydown of materials during the installation of the lighting facilities. By the execution hereof, Grantor covenants that it has the right to convey this Easement and that FPLES and its successors and assigns shall have quiet and peaceful possession,use and enjoyment of this Easement and the rights granted hereby. [Signature appears on following page] Page 255 of 1743 IN WITNESS WHEREOF, Grantor has executed this Easement this day of 20 Grantor: Signed,sealed and delivered in the presence of: By: Signature Its: Print Name: Print Name: Signature: Print Name: ACKNOWLEDGMENT STATE OF FLORIDA ) ss: COUNTY OF ) On this day of 120 before me, the undersigned notary public,personally appeared as of personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he/she/they executed the same on behalf of the State of IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC,STATE OF FLORIDA Print name: Commission No.: My Commission Expires: Page 256 of 1743 EXHIBIT"A" To Easement Legal Description of Easement Area Page 257 of 1743 SOW EXHIBIT 3 Certificate of Authority&Incumbency Agreement: Statement of Work No. 1 ("SOW"), effective August 28, 2019 between Customer and FPL Energy Services, Inc. Customer: City of Boynton Beach I hereby certify that I am the duly elected or appointed, qualified and acting ❑ Secretary or ❑ Assistant Secretary or ❑ Other Officer of the entity named above (the "Entity"), I am charged with maintaining records, minutes, and the seal (if applicable) of the Entity, and I hereby further certify as follows: 1. The Entity is a ❑ corporation or ❑ limited liability company or ❑ partnership duly organized and validly existing and in good standing under the laws of the State of 2. The Entity's execution and delivery of above-referenced agreement,whether executed now or in the future, together with all related statements of work, schedules, exhibits, certificates, instruments and documents as they may be amended from time to time (collectively, "Transaction Documents") and the Entity's entering into the transactions contemplated under the Transaction Documents have been duly authorized by appropriate action of the Entity. 3. Pursuant to ❑ the By-laws and Certificate of Incorporation or ❑ the Operating Agreement or Limited Liability Company Agreement, By-laws and/or Certificate of Formation or Organization or ❑ the Partnership Agreement, and any other appropriate documents of the Entity as may be applicable ("Entity Documents"), (1)each person named below has been properly designated and appointed to the office indicated below, and that person continues to hold the office at this time, and the signature appearing opposite such person's name is the genuine signature of such authorized person; and (2)each person designated to serve in the above-entitled capacity has been given sufficient authority to act on behalf of, and to bind the Entity with respect to the execution and delivery of the Transaction Documents, and each Transaction Document will constitute a valid, legal, binding and enforceable obligation of the Entity upon execution by each such person: Name of Authorized Person Title of Signature of Executing Transaction Documents Authorized Person Authorized Person (OFFICERS ONLY) Pursuant to Entity Documents, I have the power and authority to execute this Certificate on behalf of the Entity, and I have so executed this Certificate and set the seal of the Entity, if applicable, on the day of 20_ **BY: PRINT NAME: TITLE: ❑ Secretary ❑Assistant Secretary ❑ Other Officer **NOTE: The person signing this certificate cannot be the same person Page 258 of 1743 Supplemental Terms and Conditions for Pole Attachment These Supplemental Terms and Conditions for Pole Attachment ("Supplemental Terms") hereby amend and supplement the Master Lighting Services Agreement ("MLSA') between FPL Energy Services, Inc. ("FPLES") and City of Boynton Beach ("Customer") effective August 28,2019. The MLSA and other documents attached to or incorporated into the MLSA,together with these Supplemental Terms are collectively,the"Contract". Unless otherwise defined in these Supplemental Terms,capitalized terms have the meanings given in the MLSA. In the event of a conflict between these Supplemental Terms and the MLSA, these Supplemental Terms shall govern and control. 1. DEFINITIONS. When used in these Supplemental Terms with initial or complete capitalization,whether in singular or in plural, the following terms have the following defined meanings: 1.1 Poles: LED light poles installed by FPLES pursuant to the MLSA. 1.2 Facilities: Any antenna, hardware, equipment, apparatus, device or other hardware, and cables or wires connecting such antenna to such equipment,apparatus,device or other hardware placed on the same Poles solely for advertising banners and/or transmission and/or receiving of wireless video surveillance signals. 1.3 Laws: Laws shall have the meaning set forth in Section 6.1. 2. SCOPE OF USE. 2.1 FPLES agrees to license the installation of Facilities by Customer on FPLES's Poles consistent with generally accepted safety,operational,reliability and engineering requirements and with applicable Laws. Notwithstanding the above, nothing contained herein shall be construed to compel the FPLES to construct, reconstruct, retain, extend, repair, place, replace, maintain or make space available for attachment of Facilities on FPLES's Poles. FPLES reserves the right to revoke the license provided hereunder as necessary to ensure the safe and reliable operation and maintenance of FPLES's System. 2.2 The rights granted to Customer by these Supplemental Terms shall constitute a revocable license to the extent such use is permitted pursuant to the terms of these Supplemental Terms. 2.3 Customer shall design, specify, and supply all material associated with the installation, operation, and maintenance of Facilities. 2.4 The license granted Customer shall provide Customer a non-exclusive right-of-occupancy of FPLES's Pole, authorizing the installation,operation,use and maintenance of Facilities.The license does not provide Customer with any ownership interests in any FPLES Pole,and is for Customer's sole use and purpose. 3. FEES AND BILLING. 3.1 The attachment fee payable to FPLES by Customer for Facilities attachments is included in the monthly Service Fees. 4. TAXES. Unless otherwise exempt, Customer shall pay all annual or periodic real property, personal property, gross receipts, franchise tax or other taxes, including any increase in such taxes levied or assessed to FPLES and based upon the license granted by these Supplemental Terms or on account of its existence. FPLES will provide reasonable notice to Customer of receipt of notice of assessment of property or any portion thereof,which includes an increment of such assessment attributable to the license. FPLES shall bill for the payment of such taxes attributable to the license and Customer will pay in accordance with Section 3. In the event FPLES wishes to challenge any assessments on property that is subject to the license, FPLES will conduct such challenges and Customer agrees to provide reasonable cooperation. In the event Customer wishes to challenge an assessment or increase thereof related to the license, Customer shall request FPLES to conduct such challenge and FPLES agrees to provide reasonable cooperation in conducting such challenges. Customer shall pay all expenses incurred by FPLES in connection with conducting such challenges including but not limited to reasonable attorney's fees, expert witness fees and disbursements. To the extent any of the above taxes relating to the license are levied and assessed directly to Customer, Customer shall be responsible for any filings,timely payment of and any challenges to such taxes and FPLES agrees to provide reasonable cooperation in relation to same. 5. PROTECTION AGAINST LIENS. Customer will keep the FPLES System free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Customer and shall indemnify, defend and hold harmless FPLES from all claims, demands, costs and liabilities, including reasonable attorney's fees and costs, in connection with or arising out Supplemental Terms and Conditions for Pole Attachment(Rev.08-28-19) Page 1 of 3 Page 259 of 1743 Supplemental Terms and Conditions for Pole Attachment of any such lien or claim of lien. Customer will cause any such lien imposed on the property to be released of record by payment or posting of a proper bond within forty-five(45)days after receipt by Customer of notice of the filing of such lien. 6. COMPLIANCE WITH LAWS. 6.1 Customer shall comply with all applicable federal,state and local laws,ordinances,rules,regulations,permits,licenses, and requirements thereunder ("Laws") in connection with performance of their activities under these Supplemental Terms. Such laws, regulations, etc. shall include, but not be limited to, the current editions and any subsequent revisions of the regulations of the United States Occupational Safety&Heath Administration(OSHA),and the National Electric Safety Code. 6.2 If the Customer observes that any requirement specified in these Supplemental Terms is at variance with any Laws, Customer shall promptly notify FPLES in writing before incurring any further liability, expense, or obligation for the Customer or FPLES. 7. CUSTOMER INDEMNITY. 7.1 Customer accepts the System in its present condition, as is, where is. To the fullest extent allowed by Florida law, Customer agrees to indemnify and save harmless FPLES,its officers,employees,agents and assigns from and against any loss, damage, liability, cost, suit, charge, cause of action, claim and expense, arising out of any damage to the System or injury to or death of any person as well as from any and all fines, levies, penalties, citations, assessments and fees from any local,state or federal agency,board,court or other governmental authority as a result of any alleged or actual violation of any laws,rules or regulations of such authorities or agencies arising out of,in connection with,or as a consequence of Customer's activities and/or the activities of Customer's agents,servants,employees,contractors or subcontractors, including but not limited to,the use or occupancy(including ingress and egress)of the System,and the installation,operation, use and maintenance of the Facilities. 7.2 Customer understands and agrees that to the extent permitted by Florida law it is responsible for any and all costs and expenses incurred by FPLES to enforce this indemnification provision. 7.3 The obligations set forth in this article shall survive completion of the work, termination or expiration of this contract. 8. OWNERSHIP. Subject to Section 9.3, Customer shall own all Facilities that are installed upon FPLES Poles in accordance with these Supplemental Terms. 9. TERMINATION. 9.1 FPLES shall have the right to terminate the license hereunder, if: A. Facilities are installed, operated, used, maintained and/or modified in violation of any Laws or in aid of any unlawful act or undertaking. FPLES agrees not to terminate the license hereunder for a period of 30 days, provided that Customer ceases operations at the Service Location and is making diligent efforts to correct the violation(s). Customer shall provide FPLES with prompt written notice of any such action under which operation or use of the Facilities is denied,revoked or canceled or reinstated. B. Any authorization which may be required by any federal and/or state governmental and/or regulatory authority with respect to the installation, operation, use, maintenance and/or modification of the Facilities is denied, revoked or canceled. FPLES agrees not to terminate the license hereunder for a period of 90 days after receipt of notice by the appropriate party, provided that Customer ceases operations at the Service Location and is making diligent efforts to obtain or reinstate such authorization. Customer shall provide FPLES with prompt written notice of any such action under which operation or use of the Facilities is denied, revoked or canceled or reinstated. C. Immediately,without notice, upon termination or expiration of the MLSA. 9.2 Upon termination of any license, neither party will owe any further obligations to the other under such license, except for the indemnities and hold harmless provisions contained throughout these Supplemental Terms, Customer's Supplemental Terms and Conditions for Pole Attachment(Rev.08-28-19) Page 2 of 3 Page 260 of 1743 Supplemental Terms and Conditions for Pole Attachment obligation to reimburse FPLES for all costs,expenses and losses properly incurred by FPLES pursuant to such license and Customer's obligations under Section 9.3. 9.3 In the event of termination or expiration of these Supplemental Terms or the MLSA, Customer shall within ten (10) days from the date of termination or expiration,as applicable,remove its Facilities and repair the Poles to their previous condition. In the event that Customer fails to timely remove all of its Facilities, FPLES shall have the right to remove the remaining Facilities, in which event such Facilities may be retained by FPLES as its property without accounting to Customer therefore,and the expense of such removal and repairs shall be charged to and paid by Customer without credit for the value, if any,of such Facilities. IN WITNESS WHEREOF, the Parties hereby agree to be bound by the terms and conditions of these Supplemental Terms, effective on the date last signed below. FPL ENERGY SERVICES, INC. CITY OF BOYNTON BEACH BY: BY: NAME:Troy Rice NAME: TITLE:VP&GM TITLE: DATE: DATE: Supplemental Terms and Conditions for Pole Attachment(Rev.08-28-19) Page 3 of 3 Page 261 of 1743 Energy Services- August 28, 2019 Attention: Andrew Mack, P.E., CBO, Leed AP Director of Public Works & Engineering Public Works City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL. 33435 RE: Commercial Lighting Solutions — Lighting as a Servicei co Anchor Base Dear Andrew, Providing the right energy efficiency solution starts with in-depth industry knowledge. With more than 25 years of experience, we specialize in developing personalized solutions that meet our customer's specific needs. On behalf of FPL Energy Services, thank you for the opportunity to provide the following revised proposal for the energy saving lighting retrofit and fixture replacement solution. Under the FPL Energy Services' LED lighting Service agreement, all design/engineering work; labor for installation for the 46 fixtures and the light poles, and other materials noted in project scope, 10-year product warranty and 10-year maintenance are included in the 120-month service fees stated on the attached recommended scope. The City of Boynton Beach is responsible for required permit costs, conduit install, stub up, connecting to/providing circuit breakers or lighting controls. This proposal is presented as an indicative proposal, with the pricing above valid for 30 days. Final approval of terms and credit is subject to FPL Energy Services approval. Respectfully submitted, Christian Pruitt Florida Power and Light LED Lighting Solutions (561) 386-5761 Christian.Pruitt@fpl.com Commercial Lighting Solutions 3 Energy Services- Install new lighting system Scope of Work: Hapco Smart Trac Anchor Base New Fixture l New Quantity Description Wattage s, ' "r.wJY"C� t !+ t rt lr }1}} i\r t1(tt it I t -J\ t 7� }+ t tl if r+�' ri2 -t t} 4t) ti lj(IS tlNt rt lf{ rt tr Sy4s t )�il t �: }711t(?tlt s+ }l .'I (tt i} s . t J + \ j r rt r r !r r sij l t 41 I} \ I +r cjrr rt yrtttt t + +t y r 1 � 1r - ir — I�y Holophane West Liberty Crossarm 6' 17 NIA ( Ss i - 1TM,n Y'lrsv t " .�lrt'r*rn 1 +I t t''74":i #Y" rlrt :;itjl +i �'..tt't, r t{()r)�t? r,ct't'v„ I+ \tf J sff tr; 1t li �l7+r 4 s}k tt(s..Jtr t tlr;} �``S�tit n 1K s} {}st s}✓ t�: c rt U}tl }+!+l t }it;i t ! Si tf I. sts 4j�,l��;ts��!�t�SM i.;.l�o#,`��,r. i`�; ' �,�`I�,~� i r{:I itis ttl)si•,i trit5it i,i(j ltS}Ii£(IS(*',t�r11 { t\t f4 r(t+ y�,S��Ast t0;i t}I\i Hapco Smart Trac Anchor Base Pole(no GFCI) 21 N/A I }tt st 4 I' "s 4tr t \ ! � sssi„ti �£',s sji s7"Y't�`mq+ rtt+'” tg �e'r 7""Y� 1 "''tt t s t c t t s t! t is�I ) 1}r trr �( Al t{s is s t}r it { k).+ s( '11 -}rt SS r 3 r IS 7 t t tl 7r l_..tj Ssr\' r t' r})Sit+alt, t1�t. , tt 1G't�)it 11 � t 'f {f7 t i Jis � it r i. Itr t" i r tls rt S I 1 its t J- .,k��. Hapco Smart Smart Trac Anchor Base Pole(Bottom GFCI) 9 N/A t s`t tP,f�sYf r "ii 7""t` J `�'lss�= ,tfl {s ;lr;s lt! st fir s(. }l 11ttr tl r i t St11r It t t l tl s t sy/. 71 f's Jt+(� (t t r r S l 't f r t t r :t 1 t tJ tit r t st EEr 'l l tt 4 r{ ;rt t s r :S It 7 t{., �.� t y<t,. i{!1 ;ts{v t sls Ott i7)jr� jf1rs}ft;r�si�ls tfit� J}lit sr li l4 J)ditfrl tt +lttf{stsr 1,sf Ir tot 41ii �� t U ,n 1 \1i �U l..Ft + +t �t(Sl ttt I 6 - tts tt It_�tr it _ (!S,,;Y4 )osi 7)ffs �rskis _t r Ittj t >s, r,rs s4,,, ( Hapco Smart Trac Large Locking Cam(for wired accessories) 12 N/A Commercial fs)Iy1 t rS-s j3ks(4i}rs 1St'( i( rr} i ! ,_t1117 f tit tl\t}rr st t�} i s 1 �t t!14)ti: SS I�tl; t- ! t} tf S1t; } r.( 1 t 1 t r'1 j 4} t+Birt it s�rr t )1�, Lighting Solutions 3 Energy Services- Provide Labor and install Concrete bases,nand holes,wire, poles& fixtures-Scope includes connecting at the hand hole for each NIA NIA fixture location' v *x r; i` i 1S—'�m �^;—sit . 7'77""1"'37''iiTii7 w tyurk 7' tfrr 1rV't ) gris r }ir Vr ( t)jj, s74? "r i it 'S {si ttt {li 1tt t � 7 7 s'fsi I {sit{ill s t rs s�\tk )t s { ! St4 S S (rrl rst i; rsr{} ifsj rs�tl Stj t, 7t; fi s. ) s ? S yy ys It f r a f z V i,S ,r�i;r, r"r r!r^r tr sr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr tr rr r j k��s?(,tft hr�„�r�r r r r r�r�rr��), �ys tt �F�ty yly Vy iy Vy ry Vy,y Lighting as a Service Monthly Payment = $6,474.20 Commercial Lighting Solutions 3 Energy Services- Key Features & Benefits of Commercial Lighting Services: • Expert lighting team designs the best solution for safety & efficiency • Lighting solution installed & maintained by experienced FPL Energy Services team • Enhanced environment highlighting your business • Improved visibility and facility aesthetics • Design, material, installation, labor, and ongoing maintenance bundled into an easy monthly payment • Typical energy Savings of 40-60% by replacing HID lamps with LEDs • Enjoy low energy usage with energy-efficient, sustainable products • Service payment will be direct bill About FPL Energy Services FPL Energy Services, Inc. (FPLES) is an unregulated subsidiary of Florida Power & Light Company (FPL), which is a subsidiary of NextEra Energy, Inc. An industry leader in designing, implementing, and monitoring energy savings and cost reduction programs across the State of Florida, FPLES has been qualified as a guaranteed energy, water, and wastewater performance savings contractor under Florida's term contract 973-320- 08-1 since its inception. FPLES is a nationally recognized, full-service, utility-based ESCO with 29 years of experience in designing, developing, and constructing energy-related services for a variety of customers. Our local team lives and works in Florida, which means that we have in-depth knowledge of state design standards, local permitting practices, and inspection procedures. This benefits City of Boynton Beach because we know how to develop and submit plans that will be approved the first time, saving you both time and money. Commercial Lighting Solutions 3 FPL Energy Services- FPLES minimizes risk and will allow you to budget with confidence. By partnering with FPLES, City of Boynton Beach will also benefit from: • Our 29 years of experience successfully designing and implementing turn-key energy savings projects in Florida • A Florida-based team of experienced In-house experts, supplemented by local subcontractors, FPLES that will ensure efficient permitting and inspections. • Our solid financial standing will allow us to assemble the most efficient and beneficial financing structure for this project. • Our record of identifying and hiring M/WBE and other SBEs on our projects that has allowed us to meet all individual project goals for subcontractor diversity. • A real-world vendor neutral approach that maximizes best value and cost savings, while allowing for equipment standardization and adaptation to City of Boynton Beach and your staff preferences. • A customized maintenance and training plan that will alleviate the burden on maintenance personnel and ensure the luminaires perform as designed. • A local team that lives and works in the community. FPLES is excited to partner with City of Boynton Beach to implement the scope of this project. Our goal is to maintain a level of open communication that will result in the delivery of a quality project - on time and on budget. We will collaborate with you to ensure we implement a project that will improve illumination in your facility and reduce your energy costs. By partnering with FPLES, City of Boynton Beach can be confident that you are working with a company that possesses the strength, continuity, and financial stability to be your long-term energy partner. Commercial Lighting Solutions 3 6.N. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-129-Authorize the City Manager or Police Chief Michael Gregory to sign all documents associated with the acceptance and grant agreement for Florida Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud Grant Program subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Florida Department of Law Enforcement(FDLE), Office of Criminal Justice Grants, has awarded the Police Department the Identity Theft and Fraud Grant for the 2019-2020 funding cycle in the amount of $9,949. Approval of this award will allow the funds to support our continued efforts in solving identity theft and fraud crimes victimizing the elderly in the community. A portion of the funds will go towards additional training for the detectives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The agency and the community will benefit greatly from funding which will allow detectives to work additional hours on identity theft and fraud cases with an emphasis on the elderly victims. FISCAL IMPACT: Non-budgeted By accepting this award, the police department will receive $9,949 to improve our operations and better serve the community. ALTERNATIVES: Do not accept the funding. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Yes Grant Amount: $9,949 Page 267 of 1743 ATTACHMENTS: Type Description D Resolution Resolution appro\Ang acceptance of FDLE Identity Theft and Fraud Grant Page 268 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZE THE CITY MANAGER 5 OR POLICE CHIEF MICHAEL GREGORY TO SIGN 6 ALL DOCUMENTS ASSOCIATED WITH THE 7 ACCEPTANCE AND GRANT AGREEMENT FOR 8 FLORIDA DEPARTMENT OF LAW ENFORCEMENT, 9 OFFICE OF CRIMINAL JUSTICE GRANTS, IDENTITY 10 THEFT AND FRAUD GRANT PROGRAM SUBJECT TO 11 THE APPROVAL OF THE CITY ATTORNEY; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS,the Florida Department of Law Enforcement(FDLE), Office of Criminal 16 Justice Grants, has awarded the Boynton Beach Police Department the Identity Theft and Fraud 17 Grant for the 2019-20 funding cycle in the amount of$9,949.00; and 18 WHEREAS,this award will allow the funds to support our continued efforts in solving 19 identity theft and fraud crimes which victimize the elderly in our community; and 20 WHEREAS,upon recommendation of staff, the City Commission has determined that 21 it is in the best interests of the residents of the City to authorize the City Manager or Police 22 Chief Michael Gregory to sign all documents associated with the Florida Department of Law 23 Enforcement(FDLE) Identity Theft and Fraud Grant in the amount of$9,949.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 30 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\DHLIS8RX\FDLE_Identity Theft_and_Fraud_Grant_(2019-20)_- Reso.docx Page 269 of 1743 31 with the Florida Department of Law Enforcement(FDLE)Identity Theft and Fraud grant in the 32 amount of$9,49.00, a copy of which is attached hereto as Exhibit"A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2019. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Ty Penserga 48 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\DHLIS8RX\FDLE_Identity Theft_and_Fraud_Grant_(2019-20)_- Reso.docx Page 270 of 1743 6.0. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-130-Authorize the City Manager to sign an I nterlocal Agreement for a multi-jurisdictional Climate Change Vulnerability Assessment, and a Grant Agreement with the Florida Department of Environmental Protection for a Resilience Planning Grant of$75,000. EXPLANATION OF REQUEST: The Palm Beach County Coastal Resilience Partnership began in 2017 when sustainability and planning staff in Boynton Beach and other South County municipalities started to meet informally to discuss common concerns related to sea level rise and coastal flooding. After Palm Beach County opened its Office of Resilience in 2018, the group began to engage additional communities and now includes Boca Raton, Boynton Beach, Delray Beach, Lake Worth Beach, Lantana, Highland Beach, Ocean Ridge, and Palm Beach County. The goal of this collaboration is to proactively plan and implement adaptive measures to withstand today's eAreme weather events and prepare for future effects of sea level rise and climate change. The City of Boynton Beach led the initial planning phase of the collaboration from January to June 2019 with a FY 18/19 Resilience Planning Grant of$72,000 from the Florida Department of Environmental Protection (FDEP)/Florida Resilient Coastlines Program. The partnership was awarded a second (FY 19/20) Resilience Planning Grant of$75,000 to engage stakeholders and complete the initial steps of a multi-jurisdictional climate change vulnerability assessment(CCVA). Today, we request the approval and signature of two agreements: an I nterlocal Agreement for the CCVA and the FDEP Grant Agreement for Resilience Planning Grant No. R1906. Interlocal Agreement The I nterlocal Agreement is an agreement among City of Boca Raton, City of Boynton Beach, City of Delray Beach, Town of Highland Beach, City of Lake Worth Beach, Town of Lantana, the Town of Ocean Ridge, and Palm Beach County (the "Participants"). The Agreement was drafted by Boca Raton's City Attorney and revised by the Attorney representing Lake Worth Beach, Ocean Ridge, and Highland Beach. Its purpose is to establish an agreement between the Participants in order to obtain a Climate Change Vulnerability Assessment (CCVA) of certain geographic areas. The Agreement includes definitions, procurement of and control the CCVA project, development of the scope of work and project administration by the Working Group, and cost sharing details. The City of Lake Worth Beach will prepare and issue a request for proposals (RFP) to procure the CCVA and will serve as fiscal agent for the duration of the project. The City of Boynton Beach will serve as the recipient and manager of the FDEP Resilience Planning Grant. The Working Group, consisting of one representative from each participating community, will prepare the scope of work for the CCVA, serve as the evaluation committee for the RFP, meet with the selected consultant, and meet as needed to provide assistance and guidance to Lake Worth Beach in the administration of the project. The CCVA scope of work shall include the following five tasks to be completed by the selected consultant. Tasks 1 and 2 will be paid for by the FDEP Resilience Planning Grant as described below. Tasks 3-4 will be funded by budgeted contributions from each of the eight Participants as detailed in the Interlocal Agreement: Page 271 of 1743 1. Explore Climate Threats 2. Identify and Evaluate Community Assets 3. Assess Vulnerabilities and Risks 4. Investigate Potential Adaptation Strategies 5. Prepare summary reports for each task of the scope of work, a CCVA executive summary, and a CCVAfinal report, as well as a GIS-based interactive mapping tool, that will be distributed to the Working Group members. Grant Agreement The Florida Department of Environmental Protection, through the Florida Resilient Coastlines Program, awarded a FY 19/20 Resilience Planning Grant of$75,000 to the City of Boynton Beach on behalf of the eight Participants listed above. The grant will cover three project tasks from grant execution until June 30, 2020: 1. Conduct Stakeholder Workshops ($10,000) 2. CCVA Task 1: Explore Climate Threats ($35,000) 3. CCVA Task 2: Identify& Evaluate Community Assets ($30,000) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project will enable the City to fulfill its commitments to climate action planning and comply with federal and state mandates, while reducing costs and fostering synergy and consistency with neighboring jurisdictions. Results of this vulnerability assessment will be used to comply with America's Water Infrastructure Act (S. 3021, October 2018)which requires community water systems serving more than 3,300 people to update or prepare Risk and Resiliency Assessments followed by Emergency Response Plans over the next two years. I n 2018, the City joined the Global Covenant of Mayors for Climate & Energy, which requires completion of a climate vulnerability assessment in year 2 and a climate adaptation plan in year 3. This project will also satisfy Policy 7.9.1 of the City's Comprehensive Plan which states that"By the year 2018, the City shall initiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level." FISCAL IMPACT: Budgeted As specified in Sections 5.2 and 5.3 of the I nterlocal Agreement, the City of Boynton Beach will submit $54,697 to Lake Worth Beach within 30 days of the effective date of the Interlocal Agreement. This amount is budgeted in the Sustainability Fund in the Utilities Operating budget. The City of Boynton Beach will serve as the recipient and manager of the FY 19/20 FDEP Resilience Planning Grant of$75,000, of which $65,000 will be used for Tasks 1 and 2 of the CCVA project. (Boynton Beach will utilize the remaining $10,000 of the grant funds to contract the stakeholder workshops as a separate procurement.) Boynton Beach shall forward $65,000 to Lake Worth Beach, in addition to the $54,697 mentioned above, within 30 days of the effective date of the Interlocal Agreement. After completion of grant deliverables and FDEP approval, Boynton Beach shall request and retain the reimbursement received from FDEP. ALTERNATIVES: • Not sign the Interlocal Agreement to participate in the CCVA • Not sign the Grant Agreement with F D E P and forfeit the Grant funds STRATEGIC PLAN: Page 272 of 1743 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan 2015 Revision Action#SC-4: "Develop policies, strategies and standards that will serve as guidance for climate change related planning efforts. Develop policies to improve resilience to coastal and inland flooding, salt water intrusion, and other related impacts of climate change and sea level rise in the Stormwater Master Plans, Climate Action Plans, Strategic Planning and other sustainable planning efforts." Also address actions#SC-5 through SC-11 regarding Adaptation Action Area designation. Is this a grant? Yes Grant Amount: ATTACHMENTS: Type Description D Agreement F D E P Grant Agreement 81906 D I nterlocal Agreement I nterlocal Agreement for Climate Change Vulnerability Assessment D Attachment I nterlocal Agreement® Exhibit A D Exhibit I nterlocal Agreement® Exhibit Page 273 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes: 1. Project Title(Project): Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date: Date of Expiration: 4. Project Number: ProjectLocation(s): (If different from Agreement Number) Project Description: 5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s): ❑ State ❑Federal ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding+Grantee Match,if any: 6. Department's Grant Manager Grantee's Grant Manager Name: Name: or successor or successor Address: Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ❑ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ❑ Attachment 2: Special Terms and Conditions ❑ Attachment 3: ❑ Attachment 4:Public Records Requirements ❑ Attachment 5: Special Audit Requirements ❑ Attachment 6:Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal)*Copy available athttps://facts.fldfs.com,in accordance with§215.985,F.S. ❑ Attachment 8:Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): ❑ Exhibit A:Progress Report Form ❑ Exhibit B: Property Reporting Form ❑ Exhibit C:Payment Request Summary Form ❑ Exhibit D: ❑ Exhibit E:Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits(if necessary): DEP Agreement No. Rev.6/20/18 Page 274 of 1743 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department. Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below,whichever is later. GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing LEGAL REVIEWING ENTITY By (Authorized Signature) Date Signed Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No. Rev.6/20/18 Page 275 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3)a change in the expiration date of the Agreement; and/or(4)changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent(20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment 3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of11 Rev.6/14/19 Page 276 of 1743 5. Performance Measures. The Grantee warrants that: (1)the services will be performed by qualified personnel; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third parry; and(5)its employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the deliverables within 30 days of receipt,they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten(10)days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. Attachment 1 2of11 Rev.6/14/19 Page 277 of 1743 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.). b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee, however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: e. haps://www.myfloridacfo.com/Division/AA/Manuals/Auditing/Reference_Guide_For State_Expenditures.pdf. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. Interim Pa,ments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. h. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. i. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvfloridacfo.coliVDivisiort/AA/Vendors/default.htm. k. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions,the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used(i.e., fringe benefits,overhead,indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30)days of written notification.Interest shall be charged on the excessive rate. Attachment 1 3of11 Rev.6/14/19 Page 278 of 1743 c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S., and Chapter 691-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement,Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B,Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase)must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting Attachment 1 4 of 11 Rev.6/14/19 Page 279 of 1743 period. Quarterly status reports are due no later than twenty (20)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty(30)days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice,the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. 13. Termination. a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for work to be paid under this Agreement within thirty(30)days of the effective date of termination. The Department shall not pay any invoices received after thirty(30)days of the effective date of termination. b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for Attachment 1 5of11 Rev.6/14/19 Page 280 of 1743 that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as necessary to complete the transition or continued portion of the Agreement,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts,or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so,or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title ll of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization,or liquidation. 16. Suspension of Work. The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice Attachment 1 6of11 Rev.6/14/19 Page 281 of 1743 required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions,damages,and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000. 20. Remedies. Attachment 1 7of11 Rev.6/14/19 Page 282 of 1743 Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submitbids,proposals,orreplies on leases of real property to apublic entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. Attachment 1 8of11 Rev.6/14/19 Page 283 of 1743 b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section 287.058(6),F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services,performance,term, or compensation regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S. 26. Record Keeping. The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such records for the longer of. (1)three years after the expiration of the Agreement;or(2)the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.mvflorida.coli/librarv-arcliives/records-management/general-records-schedules/). 27. Audits. a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement,in writing,on its sub-grantees and/or subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours,including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: haps:A\apps.fldfs.com\fsaa. Attachment 1 9of11 Rev.6/14/19 Page 284 of 1743 d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause,require the replacement of any Grantee employee, subcontractor,or agent. For cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause,deny access to Department's secure information or any facility by any Grantee employee,subcontractor,or agent. d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products Attachment 1 10 of 11 Rev.6/14/19 Page 285 of 1743 or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties,which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. 35. Grantee's Employees,Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement,may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 ii of ii Rev.6/14/19 Page 286 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.R1906 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in conflict,these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is to use 2019 RPG funding to engage the community and conduct a multi- step climate vulnerability assessment,resulting in regional maps,an analysis of economic impacts,and a prioritized list of adaptation strategies. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a fixed price Agreement.The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing.Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits,N/A. ❑ ❑ b. Indirect Costs,N/A. ❑ ❑ Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112,F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee,at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy Attachment 2,DEP Agreement#: R1906 1 of 2 Rev.6/14/19 Page 287 of 1743 maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The minimum limits shall be$200,000 for each person and $300,000 for each occurrence. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation. The Grantee shall comply with the workers' compensation requirements of Chapter 440,F.S. d. Other Insurance.None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. None. Attachment 2,DEP Agreement#: R1906 2of2 Rev.6/14/19 Page 288 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: R1906 ATTACHMENT 3 Proiect Title: _ Palm Beach County Coastal Resilience Partnership Phase II Grantee Contact Information: Organization Name: City of Boynton Beach Authorized Signer for the Organization: Steven B. Grant Title: Mayor Physical Address: 3301 Quantum Blvd. City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: (561)742-6010 E-mail Address: GrantS(a�,bbfl.us Grant Manager Contact Information: Organization Name: Boynton Beach Utilities Title: Rebecca Harvey, Sustainability Coordinator Address: 124 E. Woolbright Rd. City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: (561)742-6494 E-mail Address: HarvevRnbbfl.us Fiscal Agent Contact Information: Organization Name: Cil. of Boynton Beach Title: Mara Frederiksen, Director of Financial Services Physical Address: 3301 Quantum Blvd City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: (561) 742-6312 E-mail Address: FrederiksenMnbbfl.us FEID No.: F596000282 DUNS No.: 072247133 Attachment 3,DEP Agreement#:R1906 1 of 8 Rev.7/18/2019 Page 289 of 1743 PROJECT LOCATION: The Palm Beach County Coastal Resilience Partnership (CRP) comprises a number of neighboring communities in coastal southeast Palm Beach County(Figure 1).Up to 10 municipalities,plus the County, may sign a forthcoming Interlocal Agreement to formalize the partnership. These include City of Boca Raton, City of Boynton Beach, City of Delray Beach, City of Lake Worth Beach, Town of Briny Breezes, Town of Gulfstream, Town of Hypoluxo, Town of Lantana, Town of Highland Beach, and Town of Ocean Ridge. Figure 1: Coastal Regional Partnership Participating Municipalities Southeast PBC Coastal Resilience Partnership Focus Area 0 0.5 1 Z 3 4 Miles CITY OF LAKE WORTH N BEACH f I y { 1tiP i t, S TOWN OF LANTANA 4p i 7 CIN OFRF BOYNTON BEACH t}' 7 i OF r� �R'Itf'{ BEZES A4 dULiiy SFlrM s 1 1�\t, CITY OF DELRAY BEACH s 'Lll' Tr• OF "ND �AG€I ylt X1 CITY OFBOCA RATON Legend Participating Municipalities Palm Beath County Junsdr,t,cn Service Layer Credits:Esn,Garmin,GEBCO, NOAA NGC,and other contributors WORK PLAN 1. Project Summary: The City of Boynton Beach requests a Resilience Planning Grant(RPG) of$75,000 to support Phase II of a multi-jurisdictional adaptation planning collaboration. The Palm Beach County Coastal Regional Partnership(CRP)is now progressing in Phase I and will be ready to solicit proposals for Phase II in September 2019. The CRP will use 2019 RPG funding to engage the community and conduct initial steps of a vulnerability assessment,resulting in a summary of climate threats and a dataset of community assets to be included in the assessment. The project addresses all RPG Priority Areas while reducing costs and fostering synergy among neighboring municipalities. Attachment 3,DEP Agreement#:R1906 2of8 Rev.7/18/2019 Page 290 of 1743 2. Project Description: The Palm Beach County Coastal Resilience Partnership (CRP)is seeking to engage in the next phase of resilience planning by contracting a consultant to conduct a micro-regional climate change vulnerability assessment(CCVA). The CRP requests a 2019 Resilience Planning Grant(RPG) of$75,000 to cover the first two steps of the CCVA and associated public engagement activities. The City of Boynton Beach is serving as grantee, grant manager, and fiscal agent for the 2019 RPG on behalf of the conglomerate of CRP members that are working together on this project. The CRP municipalities will also contribute funding for the joint aspects of the work, and for specific analytical portions related to their respective geographies. The RPG monies will help reduce the cost of the study for all participants,which is critical to enable the smaller jurisdictions to participate in the project. The CCVA will address climate impacts on taxable assets,infrastructure, and government services; and will produce, among other outcomes, maps showing at least two sea level rise scenarios in conjunction with current high-tide flooding events and storm surge. The results will contribute to Adaptation Action Area(AAA)designations for all participants and"Peril of Flood" statute compliance for those not yet compliant. Final deliverables of this Phase II project will include a summary of selected climate threats and at least two scenarios of projected changes for each, and a dataset of assets and attributes to be included in the CCVA. The following communities are considering signing an Interlocal Agreement to participate in the CRP: Palm Beach County, Boca Raton, Boynton Beach, Delray Beach, Highland Beach, Hypoluxo, Lake Worth Beach, Briny Breezes, Gulf Stream, Ocean Ridge, and Lantana. This region, along a 20-mile stretch of the Intracoastal Waterway, spans barrier island and mainland real estate and unites some of the county's largest and smallest municipalities. The CRP received a 2018 RPG of$72,000 for foundational tasks related to data compilation, stakeholder and public engagement, and development of a CCVA methodology. Concurrently,in the spring 2019 semester, the CRP is receiving pro-bono assistance from three students at Harvard Law School's Emmett Environmental Law and Policy Clinic,under the direction of Clinical Instructor Aladdine Joroff. The students' projects focus on legal and governance issues involved in a joint request for proposals/qualifications(RFP/RFQ) and best practices for sharing the costs among participating jurisdictions. After completion of Phase I in June 2019, the CRP will prepare to solicit proposals for a CCVA and proceed with adaptation planning on the micro-regional scale. RPG 2019 funds,if awarded,will leverage the momentum of Phase I and incentivize participants to contribute to the remaining cost of the study. Currently, seven of the CRP communities have budgeted for the CCVA in FY 19/20. The collaboration will benefit all members by providing a consistent CCVA methodology, coordinated outreach strategy, integrated data outputs and adaptation recommendations, and reduced costs for each municipality. 3. Project Need and Benefit: a. Explain the demonstrated need,which the project addresses. The Southeast Florida Regional Climate Change Compact(Compact)Unified Sea Level Rise Projection predicts a regional sea level increase of 6 to 10 inches above 1992 mean sea level by 2030 and 14 to 26 inches by 2060, as well as a higher curve for long-term, risk-intolerant investments. The Compact's Regional Climate Action Plan(RCAP)recommends that municipalities incorporate these projections into plans and maps,identify investments through vulnerability analyses, designate Adaptation Action Areas, develop localized and multi-jurisdictional adaptation strategies, and incorporate risk-reduction strategies into planning. Palm Beach County has unique geographic and social characteristics that affect its climate vulnerability. Most land in the County is higher in elevation than Broward and Miami-Dade counties, giving Palm Beach County more time and options for adapting to impacts of rising seas, coastal flooding, and storm surge. This higher elevation also makes the County a target for future in-migration from displaced Attachment 3,DEP Agreement#:R1906 3 of 8 Rev.7/18/2019 Page 291 of 1743 populations to the south. Population growth and the associated increase in vulnerable populations is an important non-climate stressor that must be considered in a localized CCVA. The region faces additional climate-related threats—such as heavy precipitation events,heat stress, and drought that have localized impacts meriting a micro-regional analysis. The CRP understands that conducting a CCVA is essential for proactive local and regional resilience planning. Systematic data on community vulnerability can prevent disasters by allowing communities to foresee challenging problems and secure protections early. In addition, CCVAs help prioritize areas that need to be addressed based on physical, social, economic, and environmental impacts. Results lead to more effective spending; increased public support for investments; improved economic confidence for residents,bond rating agencies, and businesses; and improved community rating system (CRS) scores. Because of the connected CRP geography, every municipality involved will benefit from a unified approach to assessing vulnerability. With municipalities ranging from 98,000 people (Boca Raton) to 600 people (Briny Breezes), each will be able to build off the synergy of the larger group to protect their individual communities at a lower cost. Moreover, the RPG grant will reduce the total project cost, motivating municipalities that may not have participated otherwise to join the effort and contribute funds. The result will be more effective spending,better-informed planning, and more resilient development in each of the participating municipalities and in Palm Beach County. b. Explain how the proposed project meets the purpose of one or more of the Goals and/or Priority Areas for the funding source you are applying for. The proposed project addresses all four of the Resilience Planning Grant Priority Areas. Regarding Priority Area 1, four of the CRP communities have not yet updated the Coastal Management Elements of their comprehensive plans to comply with Peril of Flood statutory requirements: Briny Breezes, Gulfstream, Lantana, and Palm Beach County. The towns of Highland Beach and Ocean Ridge are currently in the process of completing their updates.Palm Beach County will identify the changes required for Peril of Flood compliance in its Evaluation and Appraisal (EAR)Process response by November 2019 and achieve compliance within 12 months of the EAR submittal deadline. The collaboration facilitated by the 2018 RPG is helping the CRP communities address Priority Area 1. The 2019 RPG,if awarded,will strengthen this work by providing vulnerability assessment outputs and public input to inform the comprehensive plan amendments. The proposed project will address Priority Areas 2 and 3 for all participating jurisdictions.None of the participants have yet designated Adaptation Action Areas (AAAs). The CRP vulnerability assessment will provide a scientific basis for defining AAAs based on vulnerable areas, assets, and populations. Regarding Priority Area 3, the CRP is developing a CCVA methodology to meet its collaborative goals and objectives in consultation with best practices described in the Florida Adaptation Planning Guidebook(2018),the U.S. Climate Resilience Toolkit, the American Flood Coalition guidebook, Compact guidelines, and other models identified in Phase L After completion of the CCVA,the CRP will proceed in its adaptation planning and develop regional and local strategies to address the vulnerabilities found. Finally, the CRP is a model regional resilience collaboration that meets the purpose of Priority Area 4. The CRP will use the requested funding to continue its regional collaboration efforts to build public support for resilience planning. The CRP will conduct public engagement workshops involving a diverse and equitably represented set of stakeholders. c. Discuss how the project is feasible and can be completed by the Deadline. Attachment 3,DEP Agreement#:R1906 4of8 Rev.7/18/2019 Page 292 of 1743 The CRP is well equipped to continue its resilience planning efforts in line with the RPG grant deadline of April 30, 2020. The 2018 RPG funding is permitting the group to complete important conceptual and GIS tasks ahead of time, facilitating an efficient transition into Phase IL The CRP members have been collaborating since 2017, and are currently leveraging the assistance of Harvard Law School to develop the administrative structure for a formal partnership. The group has established a Steering Committee consisting of a representative from each municipality and the Palm Beach County Office of Resilience. The City of Boynton Beach is serving as grantee, grant manager, and fiscal agent for the 2018 RPG funding and will continue to serve these roles for the 2019 award on behalf of the CRP. The City of Boynton Beach is using its continuing contract with Carollo Engineers to implement the tasks in the 2018 RPG project. Carollo's staff resilience experts are leading the project; they are sub- contracting with Florida Technical Consultants for GIS-related services and the Merchant Group for public outreach. On January 18, the CRP Steering Committee hosted a kick-off meeting with City and Town Managers,resulting in their support and the participation of two new towns: Briny Breezes and Gulf Stream. Following the kick-off meeting, the Steering Committee and consultants held a workshop to review CCVA frameworks and methodologies,identify desired outcomes, discuss costs and data requirements, and establish a project timeline. At the next Steering Committee meeting on February 4, 2019, the group will meet the three Harvard students assigned to the project(one studying Law, one studying Public Health, and one pursuing a dual degree in Policy and Urban Planning) to clarify obj ectives and initiate their work. Currently, the Steering Committee is identifying municipal and County members of the Working Group and scheduling the first Working Group meeting on March 1, 2019. The group will continue on schedule to produce a CCVA scope of work and synthesis of GIS data by June 2019. (Steering Committee meeting agendas are included in the "Supporting Materials" at the end of the Work Plan.) In July 2019, the start of the 2019 RPG cycle, the CRP will finalize its interlocal agreement and prepare an RFP/RFQ to solicit proposals for the CCVA. The CRP will aim to issue the RFP/RFQ in September and award the CCVA contract no later than January 1, 2020. While the RFP/RFQ is out for solicitation (September—December 2019), the CRP will utilize a portion of the RPG funds to conduct stakeholder engagement workshops. From January 2020 until the grant deadline of April 2020, the CRP will utilize the rest of the RPG funds to complete steps 1 and 2 of the Phase II CCVA, as outlined in Carollo's June 19, 2019 Technical Memorandum(the final deliverable for the 2018 RPG project). According to the Florida Adaptation Planning Guidebook and the American Flood Coalition, four months is sufficient to complete the first two tasks of a CCVA,particularly in the case of the CRP who will have already completed preparatory work in Phase I. 4. Budget Summary: Allowable budget categories and costs for this project are listed in the table below. FIXED PRICE Grant Amount Awarded AGREEMENT TOTAL $75,000 5. Project Timeline: All tasks are to be completed and submitted no later than the Deliverable due date listed in the table below. Request for any change must be submitted prior to the current deliverable due date listed in the project timeline. Request are to be sent via separate email to the Department's Grant Manager,with the details of the request being made and the reason for the request. PROJECT TIMELINE Deliverable Deliverable Funding No. Deliverable Title Due Date Amount 1 Conduct Stakeholder 06/30/2020 $10,000 Workshops Attachment 3,DEP Agreement#:R1906 5 of 8 Rev.7/18/2019 Page 293 of 1743 2 Explore Climate Threats 06/30/2020 $35,000 3 Identify&Evaluate 06/30/2020 $30,000 Community Assets Total $75,000 6. Performance Measure: The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description,to include any work being performed by any sub-contractor(s).Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. All deliverable documents must be provided in an electronic downloadable format. 7. Consequences for Non-Performance: The Department will reduce each Task Funding Amount by 5% for every day that the Deliverable(s)is not received on the specified due date in the most recent Project Timeline, for the Agreement. Should a Change Order or Amendment be requested on the date of or after the most current Deliverable Due Date,the 5%reduction of that Task Funding Amount will be imposed until the date of the requested change is received,via email by the Department. 8. Payment Request Schedule: Grantee may submit a request for the Task Funding Amount to be paid using the Exhibit C, after all Deliverables for that Task have been approved by the Department. Request(s) for payment must include the Exhibit A showing 100% completion of that Task and must be submitted within 45 days of the Deliverable Due Date. Or Grantee may submit one request for the Grant Amount Awarded,by using the Exhibit C, after the project is 100% completed. The request for the Grant Amount Awarded, must include an Exhibit A showing 100% completion for all Tasks, and must be submitted within 45 days of the Deliverable Due Date. TASKS & DELIVERABLES Task# 1 A. Title: Conduct Stakeholder Workshops B. Description: Involving stakeholders throughout the adaptation planning process is important to raise awareness of the need for climate adaptation, gain support for policies, and understand local concerns and preferences for strategy development. During the 2018 RPG, the CRP convened one Executive Team meeting of city/town managers and one Technical Advisory Group meeting of staff from each local government. In addition, Steering Committee members engaged municipal decision makers as needed to support budget requests for the FY 19/20 CCVA. The CRP will use the 2019 RPG funds to formalize and extend stakeholder engagement by conducting workshops with three separate target audiences as described below. The CRP will hire a contractor or nonprofit organization to lead these workshops as a separate procurement from the RFP/RFQ that will be used to complete Tasks 2 and 3. 1) Executive Workshop: Roudtable discussion for mayors, city/town managers, and senior representatives from each jurisdiction to build climate literacy, learn from peers, discuss Attachment 3,DEP Agreement#:R1906 6of8 Rev.7/18/2019 Page 294 of 1743 goals of climate adaptation planning, and consider opportunities for joint planning and implementation. 2) Staff Workshop: Training session for cross-disciplinary municipal and County staff to learn about local climate change impacts,the goals of vulnerability assessments and adaptation planning, and how their departments can be involved. 3) Collaborator Workshop: Meeting of leaders in the business,nonprofit, and academic sectors across the participating juridictions to introduce the CRP and engage them in resilience planning. C. Deliverables: Sign-in sheets,presentations,post-workshop survey results, and summaries from each workshop. Task#2 A. Title: Explore Climate Threats Description: In September 2019, the CRP will solicit proposals for a CCVA according to the methodology developed in Phase I. The assessment will cover a geographic area defined by the boundaries of all participating municipalities plus unincorporated areas of Palm Beach County that lie within or between those boundaries, as shown in Figure 1. The total cost of the multi- jurisdictional CCVA will depend on the final scope,the status of each community's GIS data, and the chosen vendor,but based on figures provided by three engineering firms (Carollo, Kimley Horn, and APTIM)it is expected to be within the range of 5400,0004500,000. The CRP will apply the 2019 RPG funding to support Steps 1 and 2 of the assessment(see below). Steps 3-5 will be completed after the 2019 RPG cycle (April 2020—TBD) and the cost will be shared among the participating communities in a cost-sharing framework developed with assistance from the Harvard Law School Clinic students. Carollo's June 19,2019 Technical Memorandum outlines the following five-step scope of work for Phase II,which represents the core of the CCVA: 1. Explore Climate Threats 2. Identify &Evaluate Community Assets 3. Assess Vulnerabilities and Risks 4. Investigate Potential Adaptation Strategies 5. Prioritize Adaptation Strategies This task covers Step 1 in the overall CCVA scope of work,Explore Climate Threats,which will entail the following: a. Identify climate-related threats to be assessed in this project,which may include but not be limited to the following: extreme precipitation events, coastal storms, storm surge, high winds, lightning,beach erosion, sea level rise, saltwater intrusion, drought, extreme heat, and wildfire. b. Review the latest regional climate science and available data, and select at least two scenario projections to be assessed with respect to the range in magnitude and frequency of each threat(identified in Step La). This task includes review of CCVAs performed for surrounding communities (e.g., West Palm Beach's Resilience Assessment and the work of the Southeast Florida Regional Climate Change ComDact)to determine if the climate change scenarios (and the associated projections for selected climate threats) can be reasonably applied to the CRP region, or if collaboration with a local academic or research institution is needed to develop unique scenario projections. The climate threats are to be evaluated over 10-, 25-, and 50-year time horizons or in accordance with horizons recommended by the selected firm. Attachment 3,DEP Agreement#:R1906 7of8 Rev.7/18/2019 Page 295 of 1743 B. Deliverables: Summary of selected climate threats for the CCVA and projected changes for each for at least two scenarios spanning the selected time horizons. This summary is to include the approach for selecting the climate threats, as well as the basis for the selected scenarios and time horizons. Task#3 A. Title: Identify&Evaluate Community Assets B. Description: In Phase I, the CRP determined the following asset categories should be included in the CCVA: people,property, critical facilities,water infrastructure, transportation infrastructure, economy, and natural resources. A preliminary assessment of the geographic information system (GIS) data available for each asset category was performed in Phase I and was included with the final deliverable for the 2018 RPG. In this task, the selected firm will work with the CRP to refine the draft list of community assets and attributes within each asset category, determine the scale at which the community assets and/or attributes will be assessed(in some cases the assets/attributes may be assessed in aggregate), and fill in the data gaps for each asset category to result in a GIS dataset of community assets to include in the CCVA. C. Deliverables: GIS dataset of assets and attributes within each asset category to be included in the CCVA,providing the scale at which each will be assessed. Attachment 3,DEP Agreement#:R1906 8of8 Rev.7/18/2019 Page 296 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents,papers, letters, or other material,regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable. For the purposes of this paragraph, the term "contract"means the "Agreement." If Grantee is a"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost,to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records.All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records,in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(j�floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofi Rev.4/27/2018 Page 297 of 1743 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the 'Department", 'DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include,but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the internet at www.cfda.gov Attachment 5 1 of 6 BGS-DEP 55-215 revised 7/2019 Page 298 of 1743 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),arecipient should access the Florida Single Audit Act website located at haps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hqp://www.leg.state.fl.us/Welcome/index.cflii of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hqp://www.fldfs.colii/and the Auditor General's Website at hqp://www.myflorida.coli/audgen . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entitv's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). pursuant to Section 215.97(8),Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a)(the number of copies required by 2 CFR §200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment 5 2of6 BGS-DEP 55-215 revised 7/2019 Page 299 of 1743 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://liarvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit ),dep.state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(http://flauditor.govprovides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit ),dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. Attachment 5 3of6 BGS-DEP 55-215 revised 7/2019 Page 300 of 1743 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3)years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS-DEP 55-215 revised 7/2019 Page 301 of 1743 / / 2 \ o \ o o \ o R \ � IZII \ \ « 2 / / \ \ \ \ \ \ 9 / , O / - \ x 4 5 Q ) ) ) ) o \ / IZII \ k , 4.1 , a b ƒ \ 5 5 5 a ] ] \ \ \ \ 2 � § 2 § A o a « e � \ � � �a � �■ � , � �a � �■ ° ;-o ® a )\ U 4 m Q Q Q N w In 0 0 0 O 0 O ,V ° �n � CZ � bA ^� o bf OQt �U Q Qt o o ap o o a ct Q � •� � � � � o O � c� .� U N In .3 � � � •3 ti o � ri p � � � � w � � w w -� •� �, �+ U U O v Qt �w Q eta U U eta In L7 .� � •�' .� ° •� U o � °' � o U aq � aq ct pUi � •v pUi 'a •v � w � � � � � � � U � Qt Qt In W a apo °' `��: �" ^� on d � on CQ �� fy era on d •ap � ;� on CQ •� � � � � � ,.�� ,o In P4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS FOR THE FLORIDA RESILIENT COASTLINES PROGRAM ATTACHMENT 6 1. Permits.The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,state or local permit will be issued for a particular activity.The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal,state or local laws.Further,the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity. 2. The following replaces paragraph 10.,Status Reports,Attachment 1, Standard Terms and Conditions: a. Quarterly Reports. The Grantee shall submit status reports quarterly on Exhibit A,Progress Report Form,to Department's Grant Manager describing the work performed during the reporting period,problems encountered, problem resolutions,scheduled updates,and proposed work for the next reporting period. Quarterly status reports are due no later than five(5)days following the completion of the quarterly reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March 31,June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty(30)days. b. Final Project Report.The Grantee shall also submit a Final Project Report utilizing Exhibit F,Final Project Report Form,attached hereto and made a part hereof,along with the final quarterly progress report.If the Grant Work Plan requires a Final Report,the Grantee will report those expenditures to the Department in the Final Report,as required.A draft of the Final Project Report shall be submitted electronically to the Department's Grant Manager for approval. After approval by the Department's Grant Manager,one (1)electronic copy of the Final Project Report shall be submitted to the Department's Grant Manager.Final payment will be held until receipt and approval of the Final Project Report. 3. Ineli ig bility.If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement; Attachment 3,Grant Work Plan; and all other attachments and exhibits,the Grantee shall be ineligible to be considered for funding under the Florida Resilient Coastlines Program for two (2)consecutive funding cycles. The Department shall make its determination of ineligibility within thirty(30)days of the Agreement end date and notify the Grantee in writing if determined ineligible. 4. Copyright,Patent and Trademark.The Department reserves a royalty-free,nonexclusive,and irrevocable license to reproduce,publish or otherwise use,and to authorize others to use, for state government purposes: a. The copyright in any work developed under a grant or contract under a grant. b. Any rights or copyright to which a grantee or a contractor purchases ownership with grant support. 5. Publications,Photographs.Audiovisuals& Signs. Publications,printed reports(other than the scientific,technical,or professional publications as identified in 7.c.,below),audiovisuals(including videos,slides,and websites except that unless required under special terms of this Agreement,this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public)or similar materials must include the DEP logos(which can be found on the Department's website at haps://floridadep.gov/resilience or by contacting the Department's Grant Manager for a copy)and the following statement on the cover or the first page: "This(report/video/website/publication)was funded in part,through a grant agreement from the Florida Department of Environmental Protection,Florida Resilient Coastlines Program,by a grant provided by the Florida Coastal Office. The views,statements,findings,conclusions and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line shall identify the month and year of the publication. Attachment 6 1ofi Rev. 1/17/2019 Page 304 of 1743 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: R1906 Grantee Name: City of Boynton Beach Grantee Address: 3301 Quantum Blvd., Boynton Beach, FL 33435 Grantee's Grant Manager: Rebecca Harvey Telephone No.. 561-742-6494 Project Title: Palm Beach County Coastal Resilience Partnership Phase II Reporting Period: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. R1906 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A,DEP Agreement#: R1906 1ofi Rev.5/30/2017 Page 305 of 1743 EXHIBIT C PAYMENT REQUEST SUMMARY FORM DEP Agreement No. R1906 Payment Request No. Request Date: Grantee's Grant Manager Name: Rebecca Harvey City of Boynton Beach Grantee Name&Mailing Address for Payment: 3301 Quantum Blvd. Boynton Beach,FL 33435 Task No.: Total Amount(s)Requested: Performance Period-Date Range: GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF BUDGETED AMOUNT OF PAYMENTS REMAINING EXPENDITURE AMOUNT THIS REQUEST RECEIVED AMOUNT (As authorized) Salaries/Wages $ - Fringe Benefits $ - Indirect Cost $ - Contractual $ (Subcontractors) Fixed Price $ - TOTALS $ - $ - $ - $ - GRANTEE CERTIFICATION 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed,received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C R1906 Page 1 Page 306 of 1743 Exhibit C R1906 DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RESILIENT COASTLINES PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address to which you want the state warrant(payment)sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. DATE OF REQUEST: This is the date you are submitting the report to DEP. TOTAL AMOUNT REQUESTED: This should match the amount on the"TOTAL AMOUNT" line for the"AMOUNT OF THIS CLAIM"column. GRANTEE'S GRANT MANAGER: This is the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period requesting reimbursement for. TASK NO.: Enter the number of the TASK for which you are requesting payment. GRANT EXPENDITURES SUMMARYSECTION. - "AMOUNT OF THIS REQUEST"COLUMN: Enter the amount that was paid out for all listed tasks during the invoice period for which you are requesting reimbursement. This must be by budget category as in the currently approved budget in Attachment 3(Project Work Plan),or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget section of Attachment 3. NOTE:Shaded areas are auto calculated. Enter the total amount budgeted as approved in Attachment 3 in the `BUDGETED AMOUNT" line. Enter the amount of this request as approved in Attachment 3 in the `AMOUNT OF THIS REQUEST" line. Enter the total cumulative amount of this request and all previous payments on the"PAYMENTS RECEIVED"line. The amount for the"REMAINING AMOUNT"line,will automatically calculate and populate. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. Required Backup Documentation for each Deliverable: Completed Exhibit C showing requested funds for payment. Completed Exhibit A(Progress Report)showing requested task to be 100%completed,for requested funds. Copies of all invoices to the Grantee. Proof of Payment(Copies of canceled chekcs,front and back or EFT verification)-Not required for Fixed Price Reimbursement Agreements. Other supporting documentation,as needed. Exhibit C-Instructions Page 307 of 1743 c rs a o E :.E. R 16 C 0 a E 46 p +y+ C d U 0 Q v N O O L 9J a E T MIL v � Q O c co ' o N E CY) V Q N J U a O 0 bD a W N o v c �o 0 - rn J v i Q V v v v r .'^ v vw N o Z: t V N N -0 . w O a a a V s T of v a 0 O z c n L 0 aE a 0 o0 Tu3 o 0 E o c Q 'v a _- a N Q D m N a 4tZ 0W 0 � a t -a + Tp V i Q a Q ,O w F, L Z ai > ` o 'E 0 Y + ° E c 'ao o '' c R o - �n L O i a OCL cn C U a 0 a -a /�► 7 +�+ a v C a + y a o R D a O y W o +• 2 CL H to o (� a a U U < ca - Q o E o .E —0 -C o r- - v (U (U 0 E 0 0 ;. O. ;.E . m 10 0 E E CL O LU O LU LL > 0 LL. s E N o oa (U V) E c U 0 10 10 10 'D -0 '0 m "0 ° ,°/, +q/ 1 -0 O. a O. CL M W E E 0 o o E —0 c —0 lu (.0 E :0 0 —0 w (U (U E E Z z 19 o < —0-- Z 0 0 E o w 'a "a " E E E 0 0 ui OF —0 0 0 C i Z F' r .0 CL 00 00 E 0 U < EXHIBIT F DEP AGREEMENT NO.R1906 Palm Beach County Coastal Resilience Partnership Phase II City of Boynton Beach Final Project Report -1 0 4A This report funded in part,through a grant agreement from the Florida Department of Environmental Protection. The views, statements,findings,conclusions and recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the State of Florida or any of its subagencies. Month&year Exhibit F,DEP Agreement#:R1906 1 of 4 Rev.3/11/2019 Page 310 of 1743 Final Project Report Palm Beach Countv Coastal Resilience Partnership Phase II Executive Summary Methodolo Outcome Exhibit F,DEP Agreement#:R1906 2of4 Rev.3/11/2019 Page 311 of 1743 Further Recommendations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1906 3 of 4 Rev.3/11/2019 Page 312 of 1743 INSTRUCTIONS FOR COMPLETING ATTACHMENT F FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. MONTH& YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement. Please limit final project report to no more than five pages. One electronic copy shall be submitted to the Department's Grant Manager, for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified on page 1 of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit F,DEP Agreement#:R1906 4of4 Rev.3/11/2019 Page 313 of 1743 kph pEPA�g�� Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM 'NTA L� FOR PHOTOGRAPHS VIDEOS AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT No. R1906 RELEASE FORM FOR PHOTOGRAPHS,VIDEOS,AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name Address City State Zip Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or art work(s) being submitted and am 18 years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute,publish and use the photograph(s),video(s),audio recording(s)and art work(s)submitted herewith("the Work")to promote the Florida Department of Environmental Protection.Uses may include, but are not limited to, promotion of the Florida Department of Environmental Protection, including, but not limited to, through publications, websites, social media venues and advertisements and distributed to the media and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection.No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner Signature: Date: Photo/Video/Audio/Artwork Recording Filename(s): Location of photo/video/audio recording/artwork: Name of Person Accepting Work Submission: Exhibit G,DEP Agreement#: R1906 lofi Rev.5/1/2019 Page 314 of 1743 INTERLOCAL AGREEMENT THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into , 20 , by and between the City of Boca Raton, the City of Boynton Beach, the City of Delray Beach, the Town of Highland Beach, the City of Lake Worth Beach, the Town of Lantana, the Town of Ocean Ridge, all of which are municipal corporations organized and existing under the laws of the State of Florida, and Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, collectively referred to as the "Participants." WITNESSETH: WHEREAS, the Participants are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which the Participants may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, the Participants have common interests in planning for coastal and climate resilience given their location, topography and geography; and WHEREAS, the Participants are dedicated to partnering to address the impacts of climate change, protecting infrastructure and the built environment, fostering a resilient economy, safeguarding the natural environment, promoting social equity, promoting effective emergency response, and fostering science- based, nonpartisan, and transparent communications together and to the public; and WHEREAS, climate change poses serious risks to people, infrastructure, economies, and land use, both globally and in the jurisdictions of the Participants; and WHEREAS, local governments are required to address sea level rise in the Coastal Elements of their Comprehensive Plans pursuant to Section 163.3178, Florida Statutes; and WHEREAS, the Participants' respective populations are anticipated to share a high risk associated with climate change due to low-lying coastal 1 Page 315 of 1743 elevations, anticipated sea level rise, increases in air and water temperature, and increases in tropical storm frequency and severity; and WHEREAS, there are cost savings and efficiencies gained by collaborating regionally on responses to climate change vulnerability; and WHEREAS, the Participants desire to work together to evaluate and address the risks posed by climate change by developing regional collaboration frameworks, assessing vulnerabilities, identifying adaptation techniques, implementing adaptation strategies, monitoring outcomes, and evaluating results; and WHEREAS, the Participants wish to secure grant funds to advance their ability to address the above issues; and WHEREAS, the Participants wish to partner to obtain a Climate Change Vulnerability Assessment to determine the potential danger cause by climate change (the "Project"); and WHEREAS, entering into this Interlocal Agreement in order to obtain a Climate Change Vulnerability Assessment is in the best interests of the Participants and the residents of the Participants. NOW, THEREFORE, the Participants express their mutual understandings and commitments as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between the Participants in order to obtain a Climate Change Vulnerability Assessment of certain geographic areas (as more particularly identified below in paragraph 3.1.2 below). Section 2. DEFINITIONS 2.1 Climate Change Vulnerability Assessment ("CCVA") shall mean an assessment which explores climate threats, identifies and evaluates community assets of the Participants, assesses vulnerabilities and risks faced by the Participants, and investigates and provides information regarding potential adaptation strategies for the Participants. It is intended that the results of the CCVA shall be used to implement adaption strategies by the Participants to develop a region resilient to the impacts of climate change. 2.2 Fiscal Agent shall mean the Participant which will have the procurement, accounting, reporting, and management responsibilities as it relates to the administration of the agreement entered into with the consultant chosen to carry 2 Page 316 of 1743 out the terms of the CCVA. The Fiscal Agent will make all required payments to the consultant as set forth herein and according to the agreement with the consultant. 2.3 Workinq Group shall mean those persons representing each Participant and it shall include one representative of each Participant. All Working Group actions and approvals related to the Project shall be determined by a majority vote of the Working Group members. Section 3. PROCUREMENT AND CONTROL OF CCVA PROJECT 3.1 Procurement and Financial Management: The City of Lake Worth Beach ("Lake Worth Beach") shall utilize an appropriate procurement process pursuant to its procurement code and applicable law to select a consultant to conduct the CCVA and shall serve as the Fiscal Agent for the agreement with the selected consultant. As an evaluation committee ranking proposed consultants, the Working Group agrees that it will be subject to the sunshine law and agrees to abide by the City of Lake Worth Beach procurement process, rules and regulations, including its cone of silence regulations. 3.1.1 Subject to the provisions of subsection 3.2, Lake Worth Beach shall: (1) prepare and issue a request for proposals (RFP), which RFP shall be approved by the Working Group and shall include the scope of work developed by the Working Group; (2) authorize the Working Group members to serve as the evaluation committee for the RFP and to rank the submitted proposals; (3) review the rankings of the evaluation committee and other relevant materials and select the consultant; (4) prepare an agreement with the selected consultant and present same to the Working Group members prior to executing the agreement for the Working Group's review and approval, which approval shall not be unreasonably withheld; (5) manage and oversee the agreement with the selected consultant in accordance with its terms and conditions; (6) utilize the funds that are contributed by the Participants pursuant to this Interlocal Agreement, and those funds obtained by the City of Boynton Beach ("Boynton Beach") from the Grant identified in subparagraph 3.3 below, to make payments authorized by the agreement with the selected consultant, and (7) take all steps necessary to enforce the terms of the agreement with the selected consultant. 3.1.2 The RFP shall provide that the geographic areas to be addressed by the CCVA shall be those geographic areas inside the boundaries of each Participant and those geographic areas outside the boundaries where a Participant has electric or water utility service areas. As for Palm Beach County, the geographic area shall be limited to the County's jurisdictional areas within or between the Participants; it shall not include the other unincorporated geographic areas of Palm Beach County or the geographic areas of other local governments who are not Participants (the geographic areas to be addressed by the CCVA are contained in Exhibit "A," which is attached hereto and made a part hereof.) 3 Page 317 of 1743 3.1.3 Lake Worth Beach shall issue the RFP within 30 days of the date the Working Group members approve the scope of work and delivers the same to Lake Worth Beach. 3.1.4. Lake Worth Beach shall provide all deliverables and reports provided by the selected consultant to the Working Group members for review and approval prior to Lake Worth Beach's acceptance of any such deliverable and/or report. The Working Group shall have thirty (30) days to consider a deliverable and/or report for approval or to provide its basis, in writing, detailing the reasons it will not approve a deliverable and/or report. Lake Worth Beach shall not accept any deliverable or report until the Working Group has provided its approval in writing. 3.1.5 Lake Worth Beach shall ensure that the agreement with the selected consultant stipulate the deadline and budget for Tasks 1 and 2 of the CCVA to meet the requirements of the FDEP grant, as described more particularly in Section 3.3. 3.1.6 Except as provided for in sections 3.1.5 and 3.3, Lake Worth Beach's agreement with the selected consultant shall authorize payment to the consultant in accordance with the Local Government Prompt Payment Act (§§218.70-79, Fla. Stat.). Lake Worth Beach shall provide copies of invoices to the Working Group as they are received, and the Working Group shall have ten (10) days to review the invoices and advise Lake Worth Beach to either approve or reject the invoice. If the Working Group determines that the invoice should be rejected, it must provide an explanation of the deficiencies in writing. Lake Worth Beach will advise the selected consultant and the selected consultant shall have ten (10) days to correct all deficiencies. Once the deficiencies are corrected, payment shall be made immediately to the selected consultant in accordance with the terms of the agreement. If the Working Group determines that the deficiencies have not been corrected to its satisfaction, it will advise Lake Worth Beach to either continue working with the selected consultant or to terminate the agreement. If Lake Worth Beach terminates the agreement as provided for in this section, then the Participants agree to share proportionately with Lake Worth Beach in any costs and liabilities (including attorney's fees and costs for the defense of a lawsuit but excluding any prevailing party attorney's fees or expenses) that may result from the termination. 3.1.6 Lake Worth Beach shall keep a record of the funds received and funds disbursed, and provide updates to the Working Group members every month and as required by the grant agreement executed by Boynton Beach, or within ten (10) business days of a request to do so by the Working Group members. 3.1.7 Lake Worth Beach shall require, in its agreement with the selected consultant, that the selected consultant engage in no less than three (3) interactive workshops with the Working Group during the implementation of the CCVA. 4 Page 318 of 1743 3.2 Working Group Involvement: The Working Group will develop and approve a scope of work that shall be included in the RFP and shall be involved in the administration of the Project, as more particularly described in Section 4. 3.3 FDEP Grant Application and Management: Boynton Beach will apply for, and serve as the recipient and manager of, the Resilience Planning Grant from the Florida Department of Environmental Protection ("FDEP"). Boynton Beach's responsibilities will include, but not be limited to: preparing required progress reports and final reports, and submitting required deliverables and reimbursement requests to FDEP. Boynton Beach shall forward to Lake Worth Beach $65,000 (of grant funds to be received) within 30 days of the effective date of this Interlocal Agreement (in addition to the amount to be paid pursuant to Section 5.2), and shall thereafter retain the reimbursements as received from FDEP. The grant will cover Tasks 1 and 2 of the CCVA (as listed in Section 4.2) at costs not to exceed $35,000 for Task 1 and $30,000 for Task 2. All deliverables for Tasks 1 and 2 must be approved by the Working Group and submitted to FDEP by June 30, 2020, to meet the requirements of the grant agreement. Boynton Beach shall have the responsibility to review and approve each invoice for Tasks 1 and 2. Accordingly, as Lake Worth Beach receives invoices for Tasks 1 and 2 from the selected consultant, it shall forward each invoice to Boynton Beach within three (3) days of receipt, and Boynton Beach shall have ten (10) business days to review each invoice and either approve or reject the invoice. In the event that Boynton Beach rejects an invoice, it shall provide, in writing, its basis for rejecting the invoice; and Lake Worth Beach shall obtain a revised invoice from the consultant and re-submit for Boynton Beach's approval. Section 4. DEVELOPMENT OF SCOPE OF WORK AND PROJECT ADMINISTRATION BY WORKING GROUP 4.1 The Working Group members shall meet as needed in order to develop the scope of work for the RFP. It is intended that the scope of work shall be based upon the Technical Memorandum, dated June 19, 2019, from Carollo Engineers to the Palm Beach County Coastal Resilience Partnership, which is attached hereto as Exhibit "B" and made a part hereof. 4.2. The scope of work shall include, but not be limited to, the following five tasks by the selected consultant: 1. Explore Climate Threats 2. Identify and Evaluate Community Assets 3. Assess Vulnerabilities and Risks 4. Investigate Potential Adaptation Strategies 5. Prepare summary reports for each task of the scope of work, a CCVA executive summary, and a CCVA final report, as well 5 Page 319 of 1743 as a GIS-based interactive mapping tool, that will be distributed to the Working Group members. 4.3 The scope of work shall also: (1) describe project background, purpose, and work completed to date; (2) describe in detail the above proposed tasks as well as any associated deliverables; (3) include selection evaluation criteria; (4) summarize preliminary GIS data on community assets that were collected in 2019; (5) specify that Tasks 1 and 2 must be completed within the budget and timeframe required by the FDEP Resilience Planning Grant; and (6) state a suggested completion date of the Project. 4.4 The Working Group shall provide the scope of work to Lake Worth Beach for its review. Lake Worth Beach will not make substantive changes to the scope of work, but will report to the Working Group, before issuing the RFP, if it made typographical or grammatical changes, a copy of said changes to be included in the report. Thereafter, Lake Worth Beach will issue an RFP with the scope of work included and will issue the same within 30 days of receiving the final scope of work. 4.5 The Working Group shall meet as it deems necessary in order to provide assistance and guidance to Lake Worth Beach in the administration of the Project and to meet with the selected consultant in relation to the Project. Section 5. COST SHARING 5.1 The following is the anticipated budget to complete the CCVA: Task Budget Task 1: Explore Climate Threats $357000 Task 2: Assemble Data on Community Assets $307000 Task 3: Assess Vulnerabilities and Risks Task 4: Investigate Potential Adaptation $3017797 Strategies Task 5: Prepare Final Report and Interactive Ma Total Project Budget $366,797 5.2 The cost share funds to be provided by the Participants shall be as follows: City of Boca Raton $857000 City of Boynton Beach $547697 City of Delray Beach $577399 City of Lake Worth Beach $337552 Town of Lantana $227815 Town of Highland Beach $257698 Town of Ocean Ridge $227636 Palm Beach County $20,000 Total Participant Contributions $3217797 6 Page 320 of 1743 FDEP Resilience Planning Grant funds $65,000 Total Budget $386,797 Lake Worth Beach Administrative Fee -$20,000 Total Project Budget $366,797 5.3 The Participants and Boynton Beach on behalf of FDEP shall submit their cost share funds to Lake Worth Beach within 30 days of the effective date of this Interlocal Agreement. In the event a Participant fails to make their cost share funds payment, Lake Worth Beach shall provide written notice to the Participant of such default. Participant shall cure the default within ten (10) days of receipt of such notice. Such Participant shall be removed from this Interlocal Agreement if it fails to timely cure the default. In such event, this Interlocal Agreement shall continue, but the cost share is subject to re-calculation in a proportional amount by Lake Worth Beach such that the total amount of cost share funds are received. Lake Worth Beach will not move forward with selecting a consultant until all cost share funds are received. 5.4 Lake Worth Beach shall place$20,000 in an administrative reserve account, from which it will draw each month to cover administrative costs including legal fees, banking fees, staff time, and other costs associated with fiscal management of the Project. Lake Worth Beach shall track all itemized expenditures and submit to the Working Group each month for its approval. In the event all administrative funds are not expended, the remaining amount may be used to pay for additional scope of services or returned in proportionate amounts to each Participant as described in Section 5.6. 5.5 Lake Worth Beach shall utilize the above cost share funds only to make payments to the selected consultant in accordance with the agreement with the selected consultant and this Interlocal Agreement. 5.6 In the event all cost share funds are not expended, Lake Worth Beach shall calculate the proportionate amount based on the amount each Participant contributed, and shall submit said calculation to the Working Group for its review and approval. Once the Working Group has approved of the calculation and forwarded the same to Lake Worth Beach, Lake Worth Beach shall return the approved proportionate amount to each Participant within thirty (30) days. 5.7 In the event the selected consultant notifies Lake Worth Beach that additional funds are required to complete the Project, Lake Worth Beach shall notify the Working Group of the need for additional funds together with a detailed explanation for the increased costs. Additional funds shall only be required to be paid by the Participants if the Working Group approves the additional funds. If the Working Group does not approve the additional funds, Lake Worth Beach will notify the selected consultant and proceed in accordance with the agreement. 7 Page 321 of 1743 Section 6. RECORDS Lake Worth Beach shall maintain all records relating to the CCVA and Boynton Beach shall maintain all records relating to the grant in accordance with the Florida Public Records Act. Section 7. REMEDIES All Participants shall have any and all remedies as permitted by law. The Participants agree, however, to provide for positive dialogue and communications if disputes or disagreements arise as to the application or interpretation of this Interlocal Agreement. Section 8. DURATION AND TERMINATION 8.1 This Interlocal Agreement shall become effective upon being executed by all Participants and filed with the Clerk of Palm Beach County. 8.2 This Interlocal Agreement shall remain in effect for a period of two (2) years and may be extended written approval of the Participants. Notwithstanding the foregoing, this Interlocal Agreement shall terminate upon delivery of the CCVA to, and acceptance thereof by, the Working Group members, payment of all outstanding invoices by Lake Worth Beach, and satisfaction of the grant requirements by Boynton Beach. 8.3 In the event the agreement between Lake Worth Beach and the selected consultant is terminated, for any reason, this Interlocal Agreement shall also terminate and Lake Worth Beach shall calculate the proportionate amount to be returned which shall be based on the amount each Participant contributed. The calculation shall be submitted to the Working Group for its review and approval. Once the Working Group has approved of the calculation and forwarded the same to Lake Worth Beach, Lake Worth Beach shall return the approved proportionate amount to each Participant within thirty (30) days. Section 9. GOVERNING LAW/VENUE /WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any legal action to enforce the Agreement will be filed in Palm Beach County. In any litigation brought to enforce the terms of this Interlocal Agreement, each Participant shall bear its own costs and attorney's fees incurred in connection therewith. BY ENTERING INTO THIS AGREEMENT, THE PARTICIPANTS EXPRESSLY WAIVE ANY RIGHT THE PARTICIPANTS MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. 8 Page 322 of 1743 Section 10. LIABILITY AND INDEMNITY 10.1. Each Participant shall be liable for its own actions and negligence and, to the extent permitted by law, the Participants and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of another Participant. Nothing herein shall constitute, or be construed as, a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the Participants as set forth in Florida Statutes, Section 768.28 or any other provisions of Florida law. 10.2 This section shall survive the termination or expiration of this Agreement. Section 11. AMENDMENT OF THIS AGREEMENT Amendments to this Interlocal Agreement shall be made by unanimous consent of all the Participants in writing. Section 12. EXECUTION OF AGREEMENT This Agreement shall be executed by each Participant's authorized representative pursuant to an appropriate resolution or agenda item of the respective local governmental unit. Each Participant shall be bound to the terms of this Interlocal Agreement as of the date it is signed by that Participant. Section 13. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Interlocal Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Interlocal Agreement. Any void or voidable provision shall be deemed severed from the Interlocal Agreement and the balance of the Interlocal Agreement shall be construed and enforced as if the Interlocal Agreement did not contain the particular portion or provision held to be void. The Participants further agree to reform the Interlocal Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Interlocal Agreement from being held void should a provision which is of the essence of the Interlocal Agreement be determined to be void by a court of competent jurisdiction. Section 14. NOTICES 14.1 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: 9 Page 323 of 1743 As to City of Boca Raton: City Manager, City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, FL 33432 As to City of Boynton Beach: Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, DL 33426 As to City of Delray Beach: City Manager City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to Town of Highland Beach: Marshall Labadie, Town Manager Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach, FL 33487 As to City of Lake Worth Beach: Michael Bornstein, City Manager City of Lake Worth Beach 7 North Dixie Highway Lake Worth Beach, FL 33460 As to Town of Lantana: Deborah S. Manzo, Town Manager Town of Lantana 500 Greynolds Circle Lantana, FL 33462 As to Town of Ocean Ridge: Tracey Stevens, Town Manager Town of Ocean Ridge 6450 North Ocean Ridge 10 Page 324 of 1743 Ocean Ridge, FL 33435 As to Palm Beach County: Megan Houston, Director, Office of Resilience Board of County Commissioners, Palm Beach County 2300 N. Jog Road, 4t" Floor West Palm Beach, FL 33411 14.2 Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any Participant by written notice to the Participants. Facsimile and email are acceptable notice effective when received, however, facsimiles and emails received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Section 15: FILING A copy of this Agreement shall be filed by Palm Beach County with the Clerk and Comptroller in and for Palm Beach County. Section 16: ANNUAL BUDGET APPROPRIATIONS The Participants' performance and obligations to pay pursuant to this Agreement are contingent upon annual appropriation by its governing Boards. Section 17: FORCE MAJEURE Any Participant delayed by a Force Majeure Event, as defined herein, in performing under this Interlocal Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 18: CONSTRUCTION 11 Page 325 of 1743 No Participant shall be considered the author of this Interlocal Agreement since the Participants hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one Participant as opposed to the other Participants based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 19: NO THIRD PARTY BENEFICIARY No provision of this Interlocal Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of any Participant. Section 20: NON-DISCRIMINATION No Participant may discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, or gender identity and expression in the performance of this Agreement. Palm Beach County is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the Participants warrant and represents that throughout the term of this Agreement, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of this Agreement. Section 21: ASSIGNMENT No Participant may assign this Agreement in whole or in part, without prior written consent of all other Participants, which may be granted or withheld at such Participants' absolute discretion. Section 22: SEVERABILITY If any term of the Agreement or the application thereof shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 12 Page 326 of 1743 Section 23: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Section 24: EFFECTIVE DATE This Agreement is expressly contingent upon the approval of all Participants and shall become effective only when signed by all Participants. The effective date shall be the last date that it is executed by the Participants. Section 25. INSPECTOR GENERAL Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the Participants, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Sections 2-421 - 2- 440, and punished as provided by law. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. ATTEST: CITY OF BOCA RATON By: By: Susan S. Saxton Scott Singer City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 13 Page 327 of 1743 ATTEST: CITY OF BOYNTON BEACH By: By: Crystal Gibson Steven B. Grant City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: James Cherof City Attorney ATTEST: CITY OF DELRAY BEACH By: By: Katerri Johnson Shelly Petrolia City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Lynn Gelin City Attorney ATTEST: TOWN OF HIGHLAND BEACH By: By: Lanelda Gaskins Rhoda Zelniker Town Clerk Mayor 14 Page 328 of 1743 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Town Attorney ATTEST: CITY OF LAKE WORTH BEACH By: By: Name: Pam Triolo Title: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney ATTEST: TOWN OF LANTANA By: By: Nicole Dritz David J. Stewart Town Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: R. Max Lohman, Town Attorney ATTEST: TOWN OF OCEAN RIDGE By: By: Karla Armstrong Steve Coz Town Clerk Mayor 15 Page 329 of 1743 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Town Attorney ATTEST: PALM BEACH COUNTY By: By: Sharon R. Bock Verdenia C. Baker County Clerk and Comptroller County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney q:\jch\agreements\ila climate change assessment10102019.docx 16 Page 330 of 1743 Exhibit A Page 331 of 1743 Joint Climate Change Vulnerability Assessment (CCVA) Focus Area Legend Palm Beach County Jurisdiction, CITY OF LAKE WORTH BEACH UTILITYSERVICE AREA r� TOWN OF LANTANA a+ + CITY OF BOYNTON BEACH TOM OF UTILITY SERVICE AREA ' OCEAN RIDGE Elmo }} t CITY OF DELRAY BEACH UTILITY SERVICE AREA TOWN OF HIGHLAND BEACH �r }y CITY OF BOCA RATON UTILITY SERVICE AREA N }14' WE }Fl' S sil t, 0 0.5 1 2 3 4 Miles z,. Page 332 of 1743 Exhibit B Page 333 of 1743 TECHNICAL MEMORANDUM SOUTHEAST PALM BEACH Date: June 19, 2019 COUNTY COASTAL RESILIENCY Project No.: 11346A00 PARTNERSHIP City of Boyntoneach, Florida Prepared By: Sarah Deslauriers, PE, ENV SP Reviewed By: Rebecca Harvey,Ana Puszkin, Katelyn Cucinotta, Lindsey Nieratka, Aladdine Joroff Subject: DEP Agreement No. R1817 Task 3 Deliverable Technical Memorandum: Coastal Resiliency Partnership Climate Vulnerability Assessment Methodology This report was funded in part,through a grant agreement from the Florida Department of Environmental Protection (FDEP) Florida Resilient Coastlines Program, by a grant provided by the Florida Coastal Office. The views, statements,findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Background Beyond the need for communities to prepare for and adapt to the impacts of climate change,there are clear drivers and incentives for further investigating and performing climate resilience planning efforts that should be considered. These include: • America's Water Infrastructure Act (AWIA)—Signed in October of 2018, the AWIA requires community water systems serving more than 3,300 people to update or prepare Risk and Resiliency Assessments (RRAs) followed by Emergency Response Plans (ERPs) over the next two years.The RRAs and ERPs must take into consideration both malevolent acts and natural hazards with respect to physical- and cyber-security. However, resulting assessments and plans will not be required to cover the full breadth of climate change impacts the CRP is targeting and will not impact water systems serving less than 3,300 people. • Florida's Peril of Flood Act—Signed in 2015,this Act requires that Comprehensive Plans to include sea level rise as one of the causes of flood risk addressed in the section on "redevelopment principles, strategies, and engineering solutions." • Resilienc Florida — Resiliency Florida is a non-profit organization whose mission is to"act as a conduit for developing local government and private sector partnerships to secure funding and regulatory and legislative support for resiliency and adaptation strategies at the state and federal levels." Resiliency Florida promotes the exchange of ideas and resources to help communities prepare for and become more resilient to sea level rise, extreme weather,flooding and other broader challenges stemming from climate change. • Florida Resilient Coastlines Program (FRCP)—Through the FRCP,the FDEP is working to ensure collaboration among coastal communities dealing with the impacts of climate change. The FRCP is committed to coordinating resources to prepare Florida's coastal communities and habitats for the effects of climate change through technical assistance and financial support. The program is specifically focused on rising sea levels, increasingly complex flooding, erosion, and habitat shifts. PACE 1of9 Page 334 of 1743 • Southeast FL Regional Climate Change Compact (SFRCCC or Compact)—The SFRCCC, a collaboration between Broward, Miami-Dade, Monroe, and Palm Beach Counties that began in 2010, is focused on coordinating mitigation and adaptation activities across county lines. The Compact represents a new form of regional climate governance that allows local governments to set the agenda for adaptation, while providing state and federal agencies access to technical assistance/support. Recognizing the significant benefits of taking a regional approach to climate change planning, FDEP distributed a portion of its funds to the FRCP in fiscal year 2018/2019.This money was to be used for Resilience Planning Grants (RPGs), and awarded to projects that promote community resilience planning, development of vulnerability assessments, adaptation plans and comprehensive plan goals, objectives, policies, and regional coordination. The goal is to provide financial assistance aimed at preparing coastal Florida communities for current and future effects of rising sea levels, including coastal flooding, erosion and ecosystem changes. In November of 2018,the Southeast Palm Beach County Coastal Resilience Partnership (CRP) was awarded a $72,000 RPG to develop a regional framework to assess climate vulnerability and prioritize adaptation strategies. The CRP members began meeting informally in early 2017 and formally in 2018 to proactively plan for implementing adaptive measures to withstand today's extreme weather events, be responsive to legislation calling forjurisdictions to plan for impacts of climate change, and implement measures to prepare for future effects of sea level rise and further climate change. The CRP has seven Guiding Principles it keeps in mind when approaching any project: Partnership&Collaboration. Climate change and its impacts do not stop at municipal borders, and the adaptation of one community can be strengthened or weakened by actions in another. The CRP will work to coordinate climate adaptation efforts across neighboring jurisdictions, consider public investments/initiatives, and examine opportunities for public-private partnerships. Infrastructure&Built Environment. Strategies to protect the built environment should incorporate the best available climate science and projections from sources such as the Southeast Florida Regional Climate Change Compact. Climate projections and adaptation strategies will be based on a time horizon relevant to the lifespan and criticality of the asset(s) in question.The CRP recognizes that adaptation should balance engineering solutions, including nature-based strategies,with long-term planning strategies including managed retreat.The CRP will identify and use Adaptation Action Areas' to prioritize public investments and limit new development in areas most vulnerable to climate impacts. Economy. Adapting to climate change is essential to the region's economy. Impacted sectors should be identified to mitigate economic losses and transition the labor force to growth sectors. Where economic development is appropriate, it should be accomplished in a manner that protects, maintains, and enhances coastal resources,the built environment, historic sites, and tourism. It should also respect local Land Development Regulations and evolving private property rights jurisprudence. Natural Environment. Policy development should consider climate change impacts based on the best available science and aim for highest possible level of protection of natural resources, biodiversity, natural systems (ecosystems/habitats), and environmental quality. Strategies identified within the Adaptation Action Areas will allow for green or planned open space, protect and possibly expand habitats, and reduce or mitigate sources of pollution. 1 While Adaptation Action Areas are an optional designation within a local government's comprehensive plan for areas that experience coastal flooding(and are vulnerable to the related impacts of rising sea levels),they are important to consider since they are used to prioritize funding for infrastructure needs and adaptation planning. PAGE 2of9 Page 335 of 1743 Social Equity. Among other priorities, adaptation and resilience strategies should strive to protect human life, public and private property, and cultural resources from climate change impacts. Development and evaluation of such strategies should consider economic and social vulnerabilities and opportunities to avoid climate impacts that may disproportionately affect disadvantaged communities and populations. Emergency Response. Emergency response plans and communication strategies should help municipalities prepare for and respond to major disruptions resulting from climate change impacts. The goal of maintaining and quickly recovering critical operations to reduce adverse effects on people, property, and the environment. Communication. Stakeholder outreach and messaging about the CRP's work should be directed to all populations,via social and traditional media. Outreach materials should include a basic introduction to the issues, description of potential responses, and discussion of potential impacts of a changing environment on services. Messaging should be science-based, nonpartisan, and transparent with the aim of allowing stakeholders to make informed decisions. Over the last year,the CRP utilized the FDEP grant (i.e., RPG) for Phase 1 in a three-phase process: developing the methodology for a regional climate change vulnerability assessment (CCVA).The steps for the regional CCVA, which will be carried out in Phase 11, were adapted from the U.S. Climate Resilience Toolkit,American Flood Coalition FDEP Adaptation Planning Guidebook,the National Oceanic and Atmospheric Administration's (NOAA)Vulnerability Assessment website, and the Southeast Florida Regional Climate Change Compact. The three phases of this process and the adapted methodology (Phase 11) are summarized below: Phase Iz Phase I was completed during January through June 2019 with funding from a FDEP 2018/2019 RPG.The intent of this phase was for the CRP to collect information and perform tasks in preparation for Phase 11. The tasks performed that feed directly into Phase 11 include: • Identifying a preliminary list of key asset categories (people, property, water infrastructure, transportation infrastructure, natural assets, critical facilities, economy). • Identifying a preliminary list of climate change impacts affecting the asset categories (e.g., sea level rise, storm surge, precipitation, lightning,temperature, extreme winds, and wildfires). • Performing a data inventory and gap analysis to understand the depth and breadth of data available in each community for assessing the exposure, sensitivity, and adaptive capacity of assets (included as Appendix A: GIS Data Inventory and Gap Analysis). • Developing the CCVA methodology that comprises Phase 11 and serves as the basis for the request for qualifications/proposals (RFQ/RFP) to be distributed fall of 2019. Phase 113 Phase 11 consists of the following five steps representing the core of the CCVA methodology to be completed between the fall of 2019 and fall of 2020. These steps were decided upon by the CRP in Phase 1, and will be performed by a firm selected via the RFQ/RFP process: 1. Explore Climate Threats: Vet the preliminary identification of climate threats and select the specific climate threats to be considered as part of this assessment with final approval from the CRP 2 FDEP 2018/2019 RPG funds have covered Phase I.Based on the Data Gap Analysis results,additional funding may be needed to resolve the data gaps to perform the CCVA. 3 Phase II will be funded by CRP members and possibly supplemented by FDEP 2019/20 RPG funds(if awarded). PAGE 3of9 Page 336 of 1743 Working Group,taking into account the CRP budget and the data that are available for the Southeast Florida region. 2. Identify& Evaluate Community Assets: Select the asset categories and specific community assets within each category to be evaluated as part of this assessment, considering both the climate threats selected in step 1 and the CRP budget. The CRP has included a proposed list of asset categories and a prioritized list of the types of community assets in each category in Appendix B for the firm's consideration and the CRP Working Group's final approval. 3. Assess Vulnerabilities and Risks: Evaluate the propensity of the community assets to be adversely affected by each climate threat by assessing their exposure, sensitivity, and adaptive capacity; and estimate the magnitude of potential losses. 4. Investigate Potential Adaptation Strategies: Identify asset-specific adaptive measures to reduce vulnerability, including physical protective measures, updating design and/or operational guidelines, nature-based strategies, building and zoning code modifications, and educational approaches. For all adaptive measures, identify potential funding sources or financing options to provide a basis for prioritizing adaptation strategies. 5. Prioritize Adaptation Strategies: Document benefits of adaptation strategies, develop planning level cost estimates, and develop a prioritized list of adaptation strategies. More detailed information on the actual scope of work for Phase II is provided in the Phase II — Detailed Scope of Work section. Phase III 4 Phase III takes place after the completion of the CCVA outlined in Phase II, and will not be included in the scope of the RFQ/RFP. The work in Phase III consists of developing implementation plans for the prioritized adaptation strategies determined in Phase II, and taking action in driving those plans forward. At the start of Phase III, CRP members will determine if any of the prioritized adaptation strategies identified in Phase II fit within CRP members' existing capital improvement programs (CIPS) and whether they are better suited for increasing the resilience of an individual community or the entire CRP region.To do this, each CRP member will review their respective CIPS (or Master Plans) to determine if any of the prioritized adaptation strategies can be added to existing CIP projects and/or if the existing CIP can be modified to accommodate the needed adaptation strategy. The CRP membership will then work to refine the list of adaptation strategies that could apply to more than one CRP community, in turn identifying opportunities for collaborative/regional efforts. The list of regional strategies will be used to develop a regional adaptation strategies implementation plan,which will serve as a timeline for planning, program development, materials preparation, design/construction, and outreach of prioritized projects that benefit multiple communities. Any prioritized adaptation strategies that are not included in the regional adaptation strategies implementation plan will continue to be tracked as "stand-alone" community-level projects. Once the prioritized adaptation strategies have been categorized as community-level projects, or part of the regional adaptation strategies implementation plan, CRP members will decide next steps (or actions)to be taken for the implementation. Phase II— Detailed Scope of Work(Planned for Fiscal Year 19/20) 4 Phase III is to be funded bythe CRP membership or individual members depending on the scope of the project. PAGE 4of9 Page 337 of 1743 The goal of Phase II is to perform a multi-jurisdictional CCVA in Fiscal Year 19/20. The CRP will distribute an RFQ/RFP in the fall of 2019 soliciting support for performing the CCVA. The project's scope of work will include the five steps as outlined below. This scope may be refined, expanded, or reduced depending on the total funds that are budgeted by CRP members (plus possible supplemental grant funding). 1. Explore Climate Threats. In Phase I,the CRP identified a preliminary list of climate threats that the membership determined are important to consider. In the initial step of Phase II,the selected firm will determine which threats are of most concern and should be included the CCVA. a. Identify climate-related threats to be assessed in this project, which may include but not be limited to the following: extreme precipitation events, coastal storms, storm surge, high winds, lightning, beach erosion, sea level rise, saltwater intrusion, drought, extreme heat, and wildfire. b. Review the latest regional climate science and available data, and select at least two scenario projections'to be assessed with respect to the range in magnitude and frequency of each threat (identified in Step 1.a).This task includes review of CCVA's performed for surrounding communities (e.g., West Palm Beach's Resilience Assessment and the work of the Southeast Florida Regional Climate Change Compact) to determine if the climate change scenarios (and the associated projections for selected climate threats) can be reasonably applied to the CRP region, or if collaboration with a local academic or research institution is needed to develop unique scenario projections. The climate threats are to be evaluated over 10-, 25-, and 50- year time horizons or in accordance with horizons recommended by the selected firm. Step 1 deliverables to be incorporated into final deliverables: • Summary of selected climate threats for the CCVA and projected changes for each for at least two scenarios spanning the selected time horizons.This summary is to include the approach for selecting the climate threats, as well as the basis for the selected scenarios and time horizons. 2. Identify and Evaluate Community Assets. In Phase I,the CRP determined the following asset categories should be included in the CCVA: people, property, critical facilities,water infrastructure, transportation infrastructure, economy, and natural resources.A preliminary assessment of the geographic information system (GIS) data available for each asset category was performed in Phase I and is included in Appendix A of this document. In Phase II,the selected firm will work with the CRP to refine the draft list of community assets and attributes within each asset category (listed in Appendix B), determine the scale at which the community assets and/or attributes will be assessed (in some cases the assets/attributes may be assessed in aggregate), and assess data availability for each. Step 2 deliverables to be incorporated into final deliverables: • Final list of assets and attributes within each asset category to be included in the CCVA, providing the scale at which each will be assessed and the level of data available for each. 3. Assess Vulnerabilities and Risks. The central step of the CCVA is to evaluate the vulnerability to climate threats across each asset category (people, property,water infrastructure,transportation infrastructure, critical facilities, economy, natural resources). Below is a representative, but not exhaustive, explanation of the level of detail expected for the CCVA. 5 To meetthe FDEP's requirements for Resilience Planning Grant projects,a minimum of two sea level rise scenarios should be evaluated.Additionally,communities in southeast Florida are advised to use the Southeast Florida Regional Climate Change Compact Unified Sea-Level Rise Projections. PAGE 5of9 Page 338 of 1743 a. Climate vulnerability is a measure of the degree to which an asset or a system is susceptible to and able/unable to cope with adverse effects of climate change/threats. To assess climate vulnerability and risk,this step needs to document how the selected assets are affected by climate threats in terms of the following: i. Exposure:the presence of people, assets, and ecosystems in places where they could be adversely affected by hazards ii. Sensitivity:the degree to which a system, population, or resource is or might be affected by hazards/threats iii. Adaptive Capacity:the ability of a person, asset, or system to adjust to a hazard,take advantage of new opportunities, or cope with change The selected firm will work with the CRP to select one or more supporting tools best suited to assess the vulnerability of assets with respect to each climate threat. These tools may be publically or privately sourced, e.g., EPA's Climate Resilience Evaluation and Awareness Tool, U.S. Climate Resilience Toolkit,Asset-Threat Comparison, Social Vulnerability Index, GIS mapping tools.The firm will then run the assessments using the selected tools, and produce outputs (e.g., asset-threat sheets, consequence matrix, maps) illustrating the impact of each climate threat to each asset/attribute. b. When mapping asset types/categories relative to the impacts of climate threats, potential Adaptation Action Areas (AAAs) should be identified (per the Community Planning Act, Chapter 163.3177, F.S, 2011) as this is a recommendation of FDEP for the purpose of prioritizing funds for infrastructure needs. The selected firm is expected to use one or more criterion for designating AAAs, show the AAAs using a mapping tool, and tabulate the assets included within each designated AAA. It may be necessary to provide alternative AAAs for the CRP to consider. The selected firm is also expected to develop policy-level language that can be used in local ordinances in order to advance designation of the AAAs within CRP member jurisdictions, as well as programs and projects that will be targeted within the AAAs. c. The comprehensive report submitted with the final CCVA shall include planning level cost estimates for the projected damage or loss due to the climate threats assessed for each asset category by community (assuming no adaptation strategies have been put into place). Step 3 deliverables to be incorporated into final deliverables: • Summary of approach(es) and tool(s) selected to conduct the CCVA per asset, including the formatted outputs of the CCVA. • Spatial designation of AAAs and a summary of assets included within each AAA. • Planning level cost estimates for the projected damage/loss by asset. The results/outputs of Step 3 are needed to perform the tasks in Steps 4 and 5. 4. Investigate Potential Adaptation Strategies. This step involves the identification of options/strategies to build community resilience to climate threats, by reducing vulnerability, or supporting response and recovery efforts in the event that a threat occurs. Options/strategies may also be identified by considering those that have been effective in communities dealing with similar vulnerabilities and risks. To accomplish this,this step seeks to develop a comprehensive list of adaptation strategies that: a. Identify asset- or site-specific protective measures to reduce or at least minimize prolonged service interruption and flood risk (including nature-based solutions). PAGE 6of9 Page 339 of 1743 b. Identify community outreach methods and education efforts to improve communication of threats and adaptive measures that can be or have been taken to protect sensitive populations. c. Identify potential design guidelines for future infrastructure upgrades/designs or changes in operations that assist in mitigating flood risk. d. Identify potential design guidelines for future property development (building and landscape) that mitigate flood risk, heat impacts, etc. e. Identify assets that may be considered for relocation, as well as parcels that are unsuitable for additional asset development or should remain as undeveloped open space. f. In Step 4,the selected firm should also identify available programs and strategies to fund and finance implementation of adaptive measures. These may include federal and state funding sources (in addition to funds from FDEP), best practices with respect to special taxing districts, revolving loan funds, public-private partnerships, innovative insurance tools, and other practices. Step 4 deliverable to be incorporated into final deliverables: • A comprehensive list of adaptation strategies by asset. • A list of potential funding mechanisms for implementation of adaptive measures. 5. Prioritize Adaptation Strategies. This step involves documenting the benefits of adaptation strategies (including how they may be referenced in the Local Mitigation Strategy) and developing planning level cost estimates (to estimate the level of potential avoided costs), in an effort to prioritize adaptation strategies identified in Step 4. To develop the prioritized list of adaptation strategies,this step seeks to: a. Document potential benefits (effectiveness to reduce interruption, damage, or complete loss of assets, etc.) of each type of adaptation strategy. b. Develop planning level cost estimates for each type of adaptation strategy for comparison with estimated costs if no adaptation strategy were implemented (Step 3.b)to ultimately determine potential avoided costs. c. Develop a comprehensive list of prioritized adaptation strategies based on how much each reduces vulnerability(5.a),their ability to be implemented (based on estimated costs (5.b) and funds available (5.f)), and other criteria established by the CRP and selected firm. Step 5 deliverables to be incorporated into final deliverables: • Building upon the Step 4 deliverable, add the potential benefits to each type of adaptation strategy. • Planning level cost estimates for each type of adaptation strategy. • Prioritized list of adaptation strategies. Phase II Final Deliverables & Meetings The CRP expects the following deliverables for this project and will produce ADA compliant copies of each: 1. Executive Summary (formatted summary of the CCVA to use for public education and outreach) PACE 7of9 Page 340 of 1743 2. Comprehensive Report (to document the details of the CCVA process, results of the analyses performed, and recommendations) 3. GIS-based Interactive Map The selected firm will also be expected to prepare for and actively participate in multiple in-person meetings: 1. A minimum of two (2) formal presentations to elected officials and citizens within the CRP to be held in different locations. 2. At least three (3) interactive workshops with the CRP Working Group members participating in the CCVA. More detailed descriptions of each deliverable, as envisioned by the CRP membership, are provided as fol lows. 1. Executive Summary The firm will prepare a non-technical Executive Summary of the major findings of the CRP CCVA incorporating representative color maps and graphics for distribution to the public to promote community engagement. The Executive Summary will be formatted to allow each participating municipality to display the summary of regional findings alongside their community-specific findings, as well as key adaptation strategies identified for implementation and the benefits of those strategies. 2. Comprehensive Report The Comprehensive Report will present the approach taken to perform the regional CCVA,the findings compiled at a regional-scale geography as well as highlights of community-specific information at the municipal/neighborhood level, and the process followed to identify and prioritize adaptation strategies. The community-specific information should be sufficiently detailed to allow for municipalities to develop projects and programs. The Comprehensive Report should include: • A summary of the overall CCVA methodology. • A discussion of: — selected climate threats and asset types (by asset category, as determined in Step 1); — the approach taken to evaluate the impact of each climate threat per asset type (including a summary of each tool used to perform the evaluation) — the exposure, sensitivity and adaptive capacity of each asset (per Step 2) — the operational and contextual challenges faced by each CRP participant; — a sensitivity analysis; and — the results of the CCVA by region and community, including a summary of potential costs due to loss/damages (Step 3). • A summary of best practices (a list of example models) within the CRP membership or the state. • Identification and prioritization of adaptation strategies (Steps 4 & 5) organized by geographic region. The explanation of adaptation strategies should note their benefits (Step 4) and whether two or more jurisdictions have common vulnerabilities arising from PAGE 8of9 Page 341 of 1743 interdependencies. Planning level cost estimates should also be included for each (Step 5), along with whether collaboration among jurisdictions may be able to leverage resources. The Comprehensive Report should also include a list of data and analyses used in the CCVA in an appendix at the community/municipal or sub-municipal level.The data should be formatted to highlight issues that are specific to each CRP member. The Comprehensive Report figures should include descriptive color maps,tables, and an annotated bibliography of sources and references. 3. GIS-Based Interactive Map The future implementation of selected adaptive strategies will require ongoing analyses and occasional updates. Thus the information is to be provided in an interactive mapping platform/tool which CRP staff can access,view and modify. The selected firm will develop a GIS-based interactive mapping tool that allows users to view multiple data layers and data sets, as well as aggregate and disaggregate vulnerabilities by asset type,threat type,time horizon and/or climate change model. The tool should allow the user to zoom in and out to different geographic levels to examine vulnerabilities at different scales. The tool needs to have the capability of assigning permission levels in order to restrict access to sensitive data and protect the integrity of data sets. PAGE 9of9 Page 342 of 1743 6.P. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-131 -Authorize the City Manager to sign amendment 3 to Task Order No. R13-063-09 to CH2M Hill for Boynton Beach Landfill Post-Closure Maintenance Assistance in the amount of$25,338. The current task order is$235,046.94, amendment 3 will increase the task order to $260,384.94. EXPLANATION OF REQUEST: CH2M Hill Engineers, Inc. historically has assisted the City of Boynton Beach, for over 20 years with the preparation and certification of semi-annual groundwater sampling reports for the City's Class I landfill in accordance with the Palm Beach County Health Department(PBCHD) Permits (Permit No. 124522-005-SF) for post-closure monitoring. Additionally, CH2M Hill helped the City develop a groundwater investigation program, accepted by the PBCHD, designed to evaluate a decision to cease long-term groundwater monitoring. Task order#R13-063-09, approved by Commission on 12/01/15, this task order provides professional design and oversight services for the creation of bid documents to repair the landfill cover according to Health Department Standards. Amendment 1, approved by Commission on 04/19/2016, addressed the work required to replace the geomembrane. Amendment 2, approved by Commission on 03/28/2017, developed and helped implement the Landfill Gas Remediation plan. This effort was required as testing revealed that methane released from the landfill exceeded the lower explosion level. This request for Commission approval is to authorize CH2M Hill to review the results of groundwater sampling and to prepare a report to be submitted to the Palm Beach County Health Department in accordance with specific condition 16 of the Permit. Task Order No. R13-063-09-Amendment 3 is attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This does not affect City programs or services. FISCAL IMPACT: Non-budgeted The Purchase Order (#160652) to CH2M was in the amount of$235,046.94. Amendment 3 of Task Order No. R13-063-09 total cost is$25,338.00 for a total of$260,384.94. Funding for this work will be from the Solid Waste Division, account#431-2515-534-49-17. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 343 of 1743 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Amendment#3 to Task Order R19-063-09 D Attachment Task Order R13-063-09 Amendment 3 Page 344 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AMENDMENT #3 TO TASK ORDER NO. 5 R13-063-09 TO C112M HILL FOR BOYNTON BEACH LANDFILL 6 POST-CLOSURE MAINTENANCE ASSISTANCE IN THE 7 AMOUNT OF $25,338.00, INCREASING THE CURRENT TASK 8 ORDER TO$260,384.94;AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Task Order No. R13-063-09, approved by Commission on December 1, 11 2015, provides professional design and oversight services for the creation of bid documents to 12 repair the landfill cover according to Health Department Standards; and 13 WHEREAS, this Task Order has had two previous amendments in 2016 and 2017; and 14 WHEREAS, Amendment #3 is to authorize CH2M Hill to review the results of 15 groundwater sampling and to prepare a report to be submitted to the Palm Beach County Health 16 Department in accordance with specific condition 16 of the Permit; and 17 WHEREAS, staff is recommending that the City Commission approve Amendment#3 18 to Task Order No. R13-063-09 with CH2M Hill for Boynton Beach Landfill Post-Closure 19 Maintenance assistance in the amount of$25,338.00. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 26 approve and authorize the City Manager to sign Amendment#3 to Task Order No. R13-063-09 27 with CH2M Hill for Boynton Beach Landfill Post-Closure Maintenance assistance in the 28 amount of$25,338.00, a copy of Amendment#3 is attached hereto as Exhibit"A". CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\6236A80C-DA73-422A-8FDE-8CE18EF61 D7F\Boynton Beach.18805.1.Jacobs_(CH2M_H i II)_Landfil I_Task_Orde r_Amendment_#3_=Reso.docx Page 345 of 1743 1 Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this day of , 2019. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 YES NO 6 7 Mayor— Steven B. Grant 8 9 Vice Mayor—Justin Katz 10 11 Commissioner—Mack McCray 12 13 Commissioner—Christina L. Romelus 14 15 Commissioner—Ty Penserga 16 17 18 VOTE 19 ATTEST: 20 21 22 23 Crystal Gibson, MMC 24 City Clerk 25 26 27 28 (Corporate Seal) 29 30 CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\6236A80C-DA73-422A-8FDE-8CE18EF61 D7F\Boynton Beach.18805.1.Jacobs_(CH2M_H i II)_Landfil I_Task_Orde r_Amendment_#3_=Reso.docx Page 346 of 1743 Task Order No. R13-063-09-Amendment 3 Boynton Beach Landfill Post-Closure Maintenance Assistance A. Background CH2M HILL Engineers, Inc. (CH2M), now Jacobs, historically has assisted the City of Boynton Beach (City) with the preparation and certification of semi-annual groundwater sampling reports for the City's Class I landfill (Landfill) in accordance with the Palm Beach County Health Department (PBCHD) Permits for post- closure monitoring. Additionally, CH2M helped the City develop a groundwater investigation program, accepted by the PBCHD, designed to evaluate a decision to cease long-term groundwater monitoring. Concurrent with the groundwater investigation, CH2M assisted the City with implementation of a corrective action plan in response to Consent Order SW-15-08 issued by the PBCHD.The corrective action plan involved the following activities: • Repair of exposed geomembrane (20-mil very low density polyethylene); • Importing and placing granular fill to provide a minimum of 18 inches of soil overlying the geomembrane; • Installation of sod to provide vegetative erosion protect for the newly placed soil; and • Installation and monitoring of landfill gas (LFG) monitoring probes along the northern and eastern perimeter of the Landfill. Following this initial effort, CH2M assisted the City with follow-up activities under Amendments 1 and 2, which included: • Development of a gas remediation plan in accordance with Chapter 62-701.530(3)(a), Florida Administrative Code. • Notification of residents near the landfill. • Development of contract documents for gas vents and monitoring probes,followed by services during construction. • Monitoring and reporting weekly,then monthly and finally quarterly.The On June 24, 2019,the Florida Department of Health, Palm Beach County, sent a letter concurring with the recommendation to terminate gas monitoring, and on August 20, 2019,the Department of Health notified the City that Consent Order SW-15-08 was resolved and that the case was closed. Although this resolved the landfill cover issues,the City did not receive concurrence from the Department of Health in response to its July 2019 Certification of Long-Term Care Report for the landfill, which included a long-term groundwater monitoring analysis.The City intends to continue to comply with their permit,which expires in April 2020 and therefore requires at least one to two more rounds of groundwater sampling and reporting. The scope of services below details the services to be provided by CH2M. PAGE 1 OF 4 Page 347 of 1743 B. Scope of Services This is Amendment 3 to Task Order No. R13-063-09.Tasks 1 through 7 were authorized under the original Task Order.Tasks 8 through 13 were authorized under Amendments 1 and 2;therefore,the Tasks under this amendment begin at Task 14. Permit specific condition 16 of the Palm Beach County Health Department Permit 124522-005-SF requires that the groundwater level and water quality data collected by the CITY be presented in reports that include: 1. Cover letter; 2. Summary of exceedances and recommendations; 3. Groundwater contour maps; 4. Chain of custody forms; 5. Water levels, water elevation table; 6. Groundwater monitoring report certification, using the appropriate Department form; 7. Appropriate sampling information on Form FD 9000-24(DEP-SOP-001/01); and 8. Laboratory and Field EDDs and error logs, as applicable. The permit requires that the report be signed and sealed by a Florida registered professional geologist or professional engineer with experience in hydrogeologic investigations. Task 14—Groundwater Sampling Review and Reporting(Up to 2 Events) Under this task, CH2M will perform the following activities: • Review water level and water quality data, including exceedances summary table, provided by the CITY; • Summarize the water quality exceedances and interpretations in a brief technical memorandum (TM). • Prepare groundwater contour map(s) using CITY data • Prepare a signed and sealed report for the CITY, ready for PDF transmittal to the PBCHD; Electronic Data Deliverables (EDDs)for the water quality data will be submitted directly by the CITY using the FDEP Automated Data Processing Tool (ADaPT). • Four follow up calls with the CITY and regulatory agencies. Deliverables • Draft Semiannual Report for the landfill. • Final Signed and Sealed Semiannual Report for the landfill. PAGE 2 OF 5 Page 348 of 1743 C. Assumptions This estimated cost is based on the following assumptions: • The City will be responsible for collecting the groundwater levels and water quality data; • The City will provide properly completed chain of custody forms, and appropriate County and FDEP reporting forms. • The City will be responsible for submitting documents to the PBCHD or requesting CH2M to submit on the City's behalf, consistent with previous reports; • Technical responses to requests for information and responses to letters from regulatory agencies is not included beyond the time allocated for coordination calls. • No subcontractors will be utilized by CH2M during the delivery of the scope included herein; and • No site work is anticipated. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement titled Hydrogeological Consulting Services, dated August 19, 2013, between the City of Boynton Beach and CH2M Hill Engineers, Inc., as amended, and under the terms and conditions described within Task Order R13- 063-09, amended herein. E. Compensation Compensation by the City to CH2M will be on a lump sum basis in accordance with the above-referenced Agreement.The estimated compensation for the additional services described in this Task Order Amendment 3 is$26,486 as presented in Table 1, which is attached. Material or other changes in the Scope of Services for this work may serve as a basis of modifying the agreement as mutually agreed between CH2M and City. CH2M's Project Manager will notify City's Project Manager in writing if it appears that a deviation from the currently authorized Scope of Services will be necessary. The notification will describe the specific reason for the deviation, and identify the anticipated impact on the authorized Contract Amount and project schedule. In no event shall the CH2M perform work outside of the scope of services without direct prior authorization from the City. PAGE 3 OF 5 Page 349 of 1743 F. Schedule Schedules for activities performed on an as needed basis will be as mutually agreed by the parties at time of service.Two sampling events are assumed, one in October 2019 and a potential second in April 2020.The draft report summarizing water quality exceedances and interpretations of the water quality data to be provided by the CITY will be submitted to the City within 21 calendar days of receiving the laboratory results for the groundwater samples.The Signed and Sealed Semiannual Report for the Landfill will be submitted within 7 calendar days of receiving comments from the City on the draft report. G. Authorization APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Dated this day of , 2019 SUBMITTED BY: CH2M By: 10/8/19 Sirpa Hall, P.E. 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CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-132- Approve and authorize the Mayor to sign a Promissory Note and Loan Agreement, FirstAmendment to Purchase and Development Agreement, Subordination Agreement, and any other agreements or related documents associated with the loan to Ocean Breeze East Apartments, LLC., securing the Local Government Contribution of$567,500. EXPLANATION OF REQUEST: On February 6, 2018 the City entered into an Interlocal Agreement with the Community Redevelopment Agency via Resolution #18-026 for funding of the Local Government Contribution Match of $567,500 in connection with Ocean Breeze Apartments LLC project in connection with their application for 9% Low Income Housing Tax Credit Program. The application requires the Local Government to verify the contribution amount of $567,500 as part of Ocean Breeze East Apartments, LLC (Centennial Management Corporation) application submission. The Local Government is the City of Boynton Beach. The I nterlocal agreement provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent upon Centennial Management Corporation's 9% LI HTC Program application being successful. At the October 19, 2017 CRA Board meeting the CRA Board approved a Purchase and Development Agreement outlining the specific terms and conditions of the property sale to Centennial Management Corporation and project's development. The Purchase and Development Agreement was executed on December 15, 2017. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $567,500. However, the funding must come from a municipality therefore the CRA and City agreed to an I nterlocal agreement whereby the CRA reimburses the City for the $567,500. In addition, the application requires the City to enter into a mortgage Agreement with Ocean Breeze East Apartments LLC. It's a 30 year silent mortgage that can either be forgiven at that date or paid back to the City/CRA. It operates like a Down Payment Assistance grant used as its only intent to forgive it at the 30 year mark for the sake of affordable housing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the Community Redevelopment Agency to complete their project affordable housing project with Ocean Breeze East Apartments LLC. FISCAL IMPACT: There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not sign the promissory note or mortgage. STRATEGIC PLAN: Page 352 of 1743 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution appro\Ang the signing of documents D Resolution including Promissory Note for Ocean Breeze East D Attachment Original ILA Agreement D Attachment Letter from Ocean Breeze East D Attachment First Amendment to Purchase Agreement D Agreement Promissory Note D Agreement Debt Subordination Agreement Page 353 of 1743 I RESOLUTION NO. R19 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN A PROMISSORY NOTE AND LOAN 6 AGREEMENT, FIRST AMENDMENT TO PURCHASE 7 AND DEVELOPMENT AGREEMENT, 8 SUBORDINATION AGREEMENT, AND ANY OTHER 9 AGREEMENTS OR RELATED DOCUMENTS 10 ASSOCIATED WITH THE LOAN TO OCEAN BREEZE 11 EAST APARTMENTS LLC SECURING THE LOCAL 12 GOVERNMENT CONTRIBUTION OF $567,500.00; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on February 6, 2018 the City entered into an Interlocal Agreement with 17 the Community Redevelopment Agency via Resolution #18-026 for funding of the Local 18 Government Contribution Match of $567,500.00 in connection with the Ocean Breeze East 19 Apartments LLC project in connection with their application for 9%Low Income Housing Tax 20 Credit Program; and 21 WHEREAS, the application requires the Local Government(City of Boynton Beach) 22 to verify the contribution amount of $567,500.00 as part of Ocean Breeze East Apartments 23 LLC (Centennial Management Corporation) application submission to the Florida Housing 24 Finance Corporation; and 25 WHEREAS, the Interlocal Agreement provides for the financial support to be paid by 26 the Boynton Beach Community Redevelopment Agency; and 27 WHEREAS,this will allow the Community Redevelopment Agency to complete their 28 project affordable housing project with Ocean Breeze East Apartments LLC. 29 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best 30 interest of the Citizens and residents of the City of Boynton Beach to approve and authorize 31 the Mayor to sign a Promissory Note and Loan Agreement, First Amendment to Purchase and 32 Development Agreement, Subordination Agreement, and any other agreements or related t00339515.1 306-9001821} C:AUsers\Stanzionet\Appdata\Local\Microsoft\Windows\InetcacheAIE\DHLIS8RX\Ocean_Breeze_Promissory Note_And_Loan_Agreemen t - Reso.Docx Page 354 of 1743 I documents associated with the loan to Ocean Breeze East Apartments LLC securing the local 2 government contribution of$567,500.00. 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 5 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 6 ratified and confirmed by the City Commission. 7 Section 2. The City Commission of the City of Boynton Beach hereby approves 8 and authorizes the Mayor to sign a Promissory Note and Loan Agreement, First Amendment 9 to Purchase and Development Agreement, Subordination Agreement, and any other 10 agreements or related documents associated with the loan to Ocean Breeze East Apartments 11 LLC securing the local government contribution of$567,500.00. 12 Section 3. That this Resolution will become effective immediately upon passage. 13 PASSED AND ADOPTED this day of , 2019. 14 CITY OF BOYNTON BEACH, FLORIDA 15 YES NO 16 17 Mayor— Steven B. Grant 18 19 Vice Mayor—Justin Katz 20 21 Commissioner—Mack McCray 22 23 Commissioner—Christina L. Romelus 24 25 Commissioner—Ty Penserga 26 27 VOTE 28 ATTEST: 29 30 31 Crystal Gibson, MMC 32 City Clerk 33 34 35 (Corporate Seal) t00339515.1 306-9001821} C:AUsers\Stanzionet\Appdata\Local\Microsoft\Windows\InetcacheAIE\DHLIS8RX\Ocean_Breeze_Promissory Note_And_Loan_Agreemen t - Reso.Docx Page 355 of 1743 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE OCEAN BREEZE EAST PROJECT SITE TO BE DEVELOPED BY OCEAN BREEZE EAST APARTMENTS LLC, PURSUANT TO CHAPTER 420, PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the /4 day of 2018 by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach,Florida 33425 (hereinafter referred to as "CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WITNESSETH: WHEREAS, CITY and CRA ("Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS,the CRA has determined that the provision of Affordable and Workforce Housing within the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS,the CRA has approved a financial contribution of five hundred sixty-seven thousand and five hundred dollars ($567,500.00)in the form of a grant contribution ("Grant")to assist the developer, Ocean Breeze East Apartments LLC ("Grantee"), in the development of certain properties located 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A" attached hereto, and WHEREAS,the Parties desire to enter into an Interlocal Agreement("Agreement")for the City of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee," under the condition that the Grantee obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2018,and 00919723-I Page 1 of 7 Page 356 of 1743 WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"),permits the Parties,as public agencies under the Interlocal Cooperation Act,to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency,jointly held powers,privileges or authorities which each such public agency shares in common and which each might exercise separately, permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS,CITY hereby represents to CRA that it has the authority,pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS,CRA hereby represents to CITY that it has the authority,pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth,the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) the CRA reimbursing the CITY for final payment of the Grant of five hundred sixty-seven thousand and five hundred dollars ($567,500.00) to Grantee consistent with the terms of this Agreement; or 2)the failure of Grantee to obtain award underwriting approval of a 9%Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2018. Section 3.DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No. , the Grant shall be paid by the CITY to Grantee on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the payment of said Grant,within 30 days of CITY's notice of making payment. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a nine percent(9%) low income tax 00919723-1 Page 2 of 7 Page 357 of 1743 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A." Section 5. RECORDS 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit"A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part,without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10) calendar days after receipt of written notice of such default from the other party,the non-defaulting party may terminate this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights.No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 8. COMPLIANCE WITH LAWS 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 0091972;-1 Page 3 of 7 Page 358 of 1743 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 10. GOVERNING LAW 10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 11. ENTIRE AGREEMENT 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived,except by a written instrument executed by both parties.The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant,term,condition or election but the same shall continue and remain in full force and effect. Section 12. SEVERABILITY 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby so long as the Parties'rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. Section 13.NOTICES 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified;and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph.For the present,the parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach,FL 33435 00919723-1 Page 4 of 7 Page 359 of 1743 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof,Doody& Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy, Esquire Lewis, Longman &Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Section 14. INTERPRETATION 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 00919723-1 Page 5 of 7 Page 360 of 1743 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Ey Steven Grant,Mayor ATTEST: City Jerk � 6g Approved as to form: r � Aa4 C' y Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency organized and existin n laws of the State of F rid By: C-Seven Grant, Cfiair Approved as to form: CRA Attorney 00919723-I Page 6 of 7 Page 361 of 1743 EXHIBIT "A" 00919723-1 Page 7 of 7 Page 362 of 1743 I'I EXHIBIT"A" LEGAL DESCRIPTION Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion of lots 1 and 2 lying West of the East right-of-way line for "Seacrest Boulevard" as shown on Road Plat Book 5, at Page 182 and less a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof,as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida, and the South Half(S1/2) of the East Half(E1/2) of Lot 2 of Subdivision of the West Half (W1/2) of the Southeast Quarter (SE1/4) of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; Less parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642 and LESS the right-of-way for "Seacrest Boulevard" as shown on Road Plat Book 5, at Page 182, according to the Plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. Page 363 of 1743 OCFAN BRF,,FZI-7 EAsT LLC 7735 NAV 146'-"STR=T,#306 TML�,\iT LkKu,s,FL. 33016 October 17, 2019 City of Boynton Beach To whom it may concern; Ocean Breeze East LLC has prepared a development budget for the development of the affordable housing property,Ocean Breeze East Apartments. The development budget has been approved by TD Bank and Raymond James Tax Credit Funds. The development anticipates using the$567,500 of City awarded funds prior to the sixth month of construction exclusively for construction hard costs under the construction contract. We look forward to commencing this development and successfully delivering an affordable housing development your City. Sinter wez Page 364 of 1743 FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT (the "First Amendment") made as of , 2019 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part HI, of the Florida Statutes (the "Seller"), and OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company (the "Purchaser"). WHEREAS, the parties entered into that certain Purchase and Development Agreement dated effective as of December 15, 2017 ("PDA"); WHEREAS, the PDA contained an error in the legal description of the real property; WHEREAS, pursuant to the PDA, the Purchaser and Seller closed on the purchase and sale of the Property and recorded that certain Warranty Deed on March 2, 2018; WHEREAS, the Purchaser closed on equity financing for the Project in the approximate amount of $20,594,440 and construction debt financing for the Project in the approximate amount of $13,700,000 (altogether the equity and construction debt financing is hereby referred to as the "Financing") and building permits for the Project have been approved; WHEREAS, Purchaser has agreed to repay the City the full amount of the City's $567,500 Local Government Contribution in accordance with the loan documents attached hereto as Exhibit A (the "Loan Documents") and, Lewis V. Swezy, a principal of Purchaser has agreed to provide to the Seller the Completion Guaranty attached hereto as Exhibit B (the "Guaranty"); WHEREAS, the Purchaser and the Seller desire to amend the PDA in accordance with the terms hereof, and NOW, THEREFORE, in consideration of the recitals, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties agree as follows: 1. Capitalized terms herein shall have the meaning assigned to them in the PDA, unless otherwise specifically provided herein. 2. The definition of"Property" in the PDA is amended, as of the date of the Warranty Deed, to identify the property more particularly described on Exhibit D. 3. Purchaser represents and warrants that the Financing has closed or will close concurrently with the consummation hereof. 4. Upon execution and delivery of the Loan Documents by the Purchaser and the Guaranty by Lewis V. Swezy (a) Seller's sole and exclusive remedy for any default relating to the PDA shall be an action to enforce the Completion Guaranty, which shall be subject to senior lender's subordination agreement, except that Seller shall retain the right to bring First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 365 of 1743 an action to enforce Section 19.2(h) of the PDA, (b) the Reverter Agreement shall be terminated in accordance with that certain Reverter Termination Agreement attached hereto as Exhibit C, and (c) Sections 22, 23 and 24 shall be terminated in connection herewith. 5. The provisions set forth in Section 25 of the PDA shall survive and are incorporated herein by reference. 6. By its joinder hereto, the City approves of the Loan Documents and will execute the Note and Loan Agreement and a subordination agreement in form and substance reasonably acceptable to the first mortgage lender and any refinancing thereof. IN WITNESS WHEREOF, the parties have caused this First Amendment to be duly executed as of the date first written above. SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: PURCHASER: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Manager LLC, a Florida limited liability company, its manager By: Lewis V. Swezy, Manager LEWIS V. SWEZY THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Name: Title: First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 366 of 1743 EXHIBIT A First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 367 of 1743 Prepared by and return to: Randal M.Alligood,Esq. Nelson Mullins Broad and Cassel 390 N. Orange Avenue, Suite 1400 Orlando,FL 32801 THIS MORTGAGE IS GIVEN TO SECURE THE FINANCING OF HOUSING UNDER PART V OF CHAPTER 420, FLORIDA STATUTES, AND IS EXEMPT FROM TAXATION PURSUANT TO SECTION 420.513, FLORIDA STATUTES. ACCORDINGLY, NO DOCUMENTARY STAMP TAX OR INTANGIBLE TAXIS DUE IN CONNECTION WITH THIS MORTGAGE. Folio #s: MORTGAGE THIS MORTGAGE,hereinafter referred to as the "Mortgage" is made on or as of the day of , 2019, by and between OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company, hereinafter referred to as 'Borrower," whose principal address is 7735 NW 146 Street, Suite 306,Miami Lakes, FL 33016, and THE CITY OF BOYNTON BEACH, apolitical subdivision of the State of Florida,whose principal address is 3301 Quantum Blvd, Suite 101,Boynton Beach,FL 33426 hereinafter referred to as "Lender". WITNESSETH: THAT to secure the payment of an indebtedness in the principal amount of Five Hundred Sixty- Seven Thousand Five Hundred and NO/100 Dollars ($567,500.00), hereinafter referred to as the "Loan", which shall be payable in accordance with that certain Promissory Note and Loan Agreement,bearing even date herewith, inclusive of the signature of the Borrower, which is affixed hereto and made a part hereof, hereinafter referred to as the "Note", and all other indebtedness which Borrower is obligated to pay to Lender pursuant to the provisions of the Note and this Mortgage, Borrower hereby grants, conveys and mortgages to Lender all of its right, title and interest in: ALL THAT certain lot,piece or parcel of land situated in Palm Beach County and State of Florida,bounded and described in Exhibit"A" TOGETHER with all of Borrower's right, title and interest in the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents,royalties, mineral, oil and gas rights and profits,water,water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which,including replacements and additions hereto,shall be deemed to be and remain a part of the property covered by this Mortgage and all of the foregoing, together with said property are herein referred to as the "Property"; and TOGETHER with any and all of Borrower's right,title and interest in awards now or hereafter made for the taking of the property mortgaged hereby, or any part thereof(including any easement)by the exercise of the power of eminent domain, including any award for change of grade of any street or other roadway, which awards are hereby assigned to Lender and are deemed a part of the property mortgaged hereby; and Lender is hereby authorized to collect and receive the same toward the payment of indebtedness secured by this Mortgage,notwithstanding the fact that the amount thereon may not then be due and payable; and 4839-3055-9657 v.8 Page 368 of 1743 TOGETHER with all rights, title and interest of Borrower in and to the land lying in the streets, roads, or alleys adjoining to the above-described land. All the above described land, buildings, other structures, fixtures, articles of personal property, awards and other rights and interests being hereinafter collectively referred to as the "Mortgaged Property." TO HAVE AND TO HOLD the Mortgaged Property and every part thereof unto Lender, its successors and assigns forever for the purposes and uses herein set forth. AND Borrower further covenants and agrees with Lender, as follows: 1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly pay the principal of the indebtedness evidenced by the Note,and all other charges and indebtedness provided therein and in this Mortgage,at the times and in the manner provided in the Note. Payment of principal shall be due in full on twentieth annual anniversary of the date hereof (hereinafter referred to as the "Loan Term")or prior to the expiration of the Loan Term if the Property is sold without the Lender's prior written consent. The Loan may be forgiven any time after the end of the Compliance Period(as defined in the Borrower's Amended and Restated Operating Agreement) in the sole and absolute discretion of the Lender. 2. FUNDS FOR TAXES,ASSESSMENTS AND LIENS. Borrower shall pay before the same become delinquent, as hereinafter provided, all taxes, assessments, and other governmental charges, fines and impositions, of every kind and nature whatsoever, now or hereafter imposed on the Mortgaged Property,or any part thereof,and will pay when due every amount of indebtedness secured by any lien to which the lien of this Mortgage is expressly subject. 3. COMPLETION OF IMPROVEMENTS. This Mortgage and the attached Note were executed and delivered to secure moneys advanced in full to Borrower by Lender as or on account of a loan evidenced by the Note for the purpose of constructing on the Mortgaged Property one hundred twenty-three (123) rental apartments, hereinafter collectively referred to as the "Improvements." Borrower shall make or cause to be made all of the Improvements. 4. BUILDING REMOVAL, ADDITIONS AND COMPLIANCE WITH REQUIREMENTS. No building, structure,improvement,fixture or personal property mortgaged hereby shall be removed or demolished without the prior written consent of Lender except for obsolete or worn property replaced by adequate substitutes equal or greater in value than the replaced items when new and inventory and goods in the ordinary course of business. Borrower will not make,permit, or suffer any alteration of or addition to any building, structure or improvement which may hereafter be erected or installed upon the Mortgaged Property,or any part thereof,except the Improvements required to be made pursuant to Paragraph 3 hereof,nor will Borrower use,or permit or suffer the use of,any of the Mortgaged Property for any purpose other than the purpose or purposes for which the same is now intended to be used, without the prior written consent of Lender.Borrower will maintain the Mortgaged Property in good condition and state of repair and will not suffer or permit any waste to any part thereof,and will promptly comply with all the requirements of Federal, State and local governments or of any departments, divisions or bureaus thereof, pertaining to such property or any part thereof. 5. CHARGES AND LIENS. 4839-3055-9657 v.8 Page 369 of 1743 Borrower will not voluntarily create,or permit or suffer to be created or to exist,on or against the Mortgaged Property or any part thereof, any lien superior to the lien of this Mortgage, exclusive of the lien or liens to which this Mortgage is expressly subject, and will keep and maintain the same free from the claims of all parties supplying labor and/or materials which will enter into the construction or installation of the Improvements.The Lender hereby acknowledges and agrees that the Mortgage will be subordinate to the first construction loan and first permanent mortgage loan and any refinancing thereof, including increases in the first mortgage loan amounts(collectively,the"Prior Mortgage"). All of the provisions herein shall be subject to the terms of the Prior Mortgage. 6. NOTICE OF FIRE OR CASUALTY. Borrower will give immediate notice by registered or certified mail to Lender of any fire, damage or other casualty affecting the Mortgaged Property, or of any conveyance, transfer or change in ownership of such property, or any part thereof excepting a transfer otherwise permitted in the Borrower's Amended and Restated Operating Agreement. 7. COVERAGE OF INSURANCE POLICIES. a. Borrower will keep all buildings,other structures and improvements insured against loss by fire, flood (when applicable) and other hazards, casualties and contingencies in such amounts and manner and for such periods as may be reasonably required by Lender.Lender's insurance requirements may change from time to time throughout the term of the indebtedness.All such insurance policies must include standard fire and extended coverage in amounts not less than necessary to comply with the coinsurance clause. Flood insurance IS NOT required for the subject property during the term of the mortgage loan unless required by the Prior Mortgage. When required, flood insurance shall be in an amount at least equal to the outstanding principal balance of all mortgage(s), or the maximum amount of insurance available with respect to the project under the National Flood Insurance Act,whichever is lesser. All such insurance shall be carried by companies reasonably approved by Lender, and all policies shall be in such form and shall have attached thereto loss payable clauses in favor of Lender and any other parties as shall be reasonably satisfactory to Lender. All such policies and attachments thereto shall be delivered promptly to Lender,unless they are required to be delivered to the holder of a lien or a mortgage or similar instrument to which this Mortgage is expressly subject, in which latter event certificates thereof, satisfactory to Lender, shall be delivered promptly to Lender. Borrower will pay promptly when due, as hereinafter provided, any and all premiums on such insurance.The Lender shall be listed as an additional insured on all such insurance policies. b. In the event of loss or damage to the Mortgaged Property, Borrower will give to Lender immediate notice thereof by mail, at the address herein above stated and Lender may make and file proof of loss if not made otherwise promptly by or on behalf of Borrower. Unless Borrower and Lender otherwise agree in writing, insurance proceeds shall be applied to restoration or repair, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired.If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, for more than thirty (30) days unless due to events described in Paragraph 3,or if Borrower fails to respond to Lender within thirty(30)days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage.Usage of condemnation proceeds shall be subject to the same provisions of this Section 7(b). C. At least thirty (30) days prior to the expiration of each policy, the Borrower will furnish the Lender with evidence satisfactory to the Lender of the payment of premium and the reissuance of a policy continuing insurance in force as required by this Mortgage. All policies, including policies for any amounts carried in excess of the required minimum and policies not specifically required by the Lender, 4839-3055-9657 v.8 Page 370 of 1743 will be in a form satisfactory to the Lender, and will be maintained in full force and effect.All policies will contain a provision that the policies will not be cancelled or materially amended(including any reduction in the scope or limits of coverage),without at least ten(10)days prior written notice to the Lender. If all or any part of the insurance will expire,or be withdrawn,or become void or unsafe,by reason of the Borrower's breach of any condition,or if for any reason whatsoever the insurance will be unsatisfactory to the Lender, the Borrower will place new insurance on the premises, satisfactory to the Lender. Notwithstanding anything to the contrary herein, Borrower's compliance with the insurance requirements of the Prior Mortgage shall be deemed compliance with the terms of this Section 7. 8. TAXES. In order to protect more fully the security of this Mortgage,Borrower shall promptly submit to Lender upon request,or Lender's designated agent,the Palm Beach County Tax Invoice for the Mortgaged Property. Such invoice shall show either that no taxes are due or be accompanied by a receipt showing taxes have been paid in full. 9. LOCAL ORDINANCES. The Improvements and all plans and specifications shall comply with all applicable local ordinances,regulations and rules made or promulgated with lawful authority,including without limitation the Palm Beach County Construction Code and the Palm Beach County Property Maintenance Code. 10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Mortgage or the Agreement, excluding any lien to which this Mortgage is expressly subject, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances,disburse such sums,and take such action as is necessary to protect Lender's interest,including, but not limited to, disbursement of reasonable attorney's fees. Any amounts disbursed by Lender pursuant to this Paragraph with interest thereon, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payments, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such time would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Paragraph shall require Lender to incur any expense or take any action hereunder. 11. LENDER INSPECTIONS. Lender,or any of its Agents or Representatives,shall have the right to inspect the Mortgaged Property upon reasonable notice,which shall not be less than 3 business days.Should the Mortgaged Property, or any part thereof,require repair, care or attention, then, after written notice as provided herein (Paragraph 16)to Borrower, and Borrower's failure to so perform,Lender may enter or cause entry to be made upon the Mortgaged Property and repair, protect and maintain the property as Lender may deem necessary. Any and all money that Lender must pay to accomplish the proper maintenance on the mortgaged property shall become due and payable under the provision of Paragraph 10. 12. EVENT OF DEFAULT. An Event of Default will be the occurrence of any one of the following events and expiration of the applicable cure period set forth in Paragraph 13 below, and upon that occurrence Lender may, at Lender's option,declare all sums secured by this Mortgage to be immediately due and payable. 4839-3055-9657 v.8 Page 371 of 1743 a. Failure to pay the amount of any installment of principal and interest, or other charges payable on the Note,which shall have become due,prior to the due date of the next such installment; b. Nonperformance by Borrower of any covenant,agreement,term,or condition of this Mortgage, the Note,the Agreement,or of any other agreement made by Borrower with Lender in connection with such indebtedness, after Borrower has been given due notice in accordance with Paragraph 13 below by Lender to cure such nonperformance and thirty(30)days to cure; C. Failure of Borrower to perform any covenant, agreement, term or condition in any instrument creating a lien upon the Mortgaged Property, or any part thereof, which shall have priority over the lien of this Mortgage which continues beyond any applicable grace or cure period and for which a default has been declared; d. Lender's discovery of Borrower's failure in any application of Borrower to Lender to disclose any fact deemed by Lender to be material, or the making herein, or in any of the agreements entered into by Borrower with Lender (including, but not limited to, the Note and this Mortgage) of any misrepresentation by, on behalf of, or for the benefit of Borrower; e. Failure by the Borrower to submit promptly to the Lender or Lender's designated agent proof of payment of all insurance and taxes,as required herein; f. If the construction or installation of the Improvements shall not be carried out with reasonable diligence, or shall be discontinued at any time for a period of thirty(30) consecutive days for any reason other than strikes, lock-outs, acts of God, fires, floods or other similar catastrophes, such as riots,war or insurrection,or other events beyond the control of Borrower;or g. IF BORROWER DOES NOT REMAIN OWNER, OR IF ALL OR ANY PART OF THE PROPERTY OR AN INTEREST THEREIN IS RENTED,LEASED OR SOLD BY BORROWER, EXCEPT IN THE ORDINARY COURSE OF BUSINESS AS AN AFFORDABLE HOUSING RENTAL DEVELOPMENT,WITHOUT LENDER'S PRIOR WRITTEN CONSENT. 13. OPTION OF MORTGAGEE UPON EVENT OF DEFAULT. Upon the occurrence of An Event of Default,Lender,prior to acceleration, shall mail notice to Borrower and its Investor Member as is provided in Paragraph 16 hereof, specifying: a. The breach; b. The action required to cure such breach; C. A date not less than ten(10)days from the date the notice is mailed to Borrower by which such breach must be cured if the default is a monetary default, and a date not less than thirty(30)days from the date the notice is mailed to Borrower by which such breach must be cured if the default is a non- monetary default; and d. That failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceedings, and sale of the property.The notice shall further inform Borrower of the right to assert in the foreclosure proceedings the non-existence of a default,or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without 4839-3055-9657 v.8 Page 372 of 1743 further demand and may foreclose this Mortgage by judicial proceedings. Lender shall be entitled to collect in such proceedings all expenses of foreclosure, including,but not limited to,reasonable attorney's fees and costs of documentary evidence, abstract,title reports and court costs. Notwithstanding anything herein to the contrary, Borrower's investor member shall have the right, but not the obligation,to cure a default hereunder within the same cure period as the Borrower. 14. APPOINTMENT OF RECEIVER. Lender in any action to foreclose this Mortgage may be entitled to have a receiver appointed by a Court of Law as a matter of right and without regard to the value of the Mortgaged Property or the solvency of Borrower or other parties liable for the payment of the Note and other indebtedness secured by this Mortgage. Said receiver shall enter upon, take possession of and manage the Property, and will collect rents of the Property, including those past due. All rents collected by the receiver shall be applied first to payments of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees,premiums on receiver's bonds, and reasonable attorney's fees,and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 15. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of indebtedness secured by this Mortgage. 16. NOTICE. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the property address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested,to Lender's address below,or to such other address as Lender may designate by notice to Borrower as provided herein.Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. LENDER: The City of Boynton Beach 3301 Quantum Blvd, Suite 101 Boynton Beach,FL 33426 WITH A COPY TO: Lewis Longman Walker 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 Attn: Kenneth W. Dodge, Esq. BORROWER: Ocean Breeze East Apartments LLC 7735 NW 146 Street, Suite 306 Miami Lakes,FL 33016 Attn: Lewis V. Swezy WITH A COPY TO: Nelson Mullins Broad and Cassel 390 N. Orange Avenue, Suite 1400 Orlando, Florida 32801 4839-3055-9657 v.8 Page 373 of 1743 Attn: Randal M. Alligood, Esq. INVESTOR: c/o Raymond James Tax Credit Funds,Inc. 880 Carillon Parkway St.Petersburg, Florida 33716 Facsimile No.: 727-567-8455 Attention: Steven J.Kropf,President Nixon Peabody LLP Exchange Place 53 State Street Boston,MA 02109 Attn:Nathan A.Bernard Facsimile No.: 617-345-1000 17. ONE PARCEL. In case of a foreclosure sale of the Mortgaged Property, it may be sold as one parcel. 18. BORROWER'S COPY. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation thereof. 19. LAWFULLY SEIZED. Borrower is lawfully seized of the Mortgaged Property and has good right, full power, and lawful authority to sell and convey the same in the manner above provided, and will warrant and defend the same to Lender forever against the lawful claims and demands of any and all parties whatsoever. 20. BORROWER NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release in any manner the liability of the original Borrower and Borrower's successor in interest.Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. 21. CAPTIONS. The captions of this Mortgage are for convenience only and shall not be construed as defining or limiting the scope or intent of the provisions hereof. 22. SUCCESSORS AND ASSIGNS. This Mortgage and all covenants, agreements, terms, and conditions herein contained shall be binding upon and inure to the benefit of Borrower, and, to the extent permitted by law, every subsequent owner of the Mortgaged Property and shall be binding upon and inure to the benefit of Lender and its assigns. The word "Lender" shall include any person, corporation, or other party who may from time to time be the holder of this Mortgage.Whenever used herein,the singular number shall include the plural,the plural number shall include the singular, and the use of any gender shall be applicable to all genders wherever the sense requires. 23. VENUE AND APPLICABLE LAW 4839-3055-9657 v.8 Page 374 of 1743 Each parry covenants and agrees that any and all legal actions arising out of or connected with this Mortgage shall be instituted in the state courts located in and for Palm Beach County, Florida, as the exclusive forums and venues for any such action, subject to any right of either party to removal from state court to federal court, which is hereby reserved, and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue.This Mortgage is entered into within, and with reference to the internal laws of, the State of Florida, and shall be governed, construed and applied in accordance with the internal laws (excluding conflicts of law) of the State of Florida. 24. SURVIVABILITY AND SEVERABILITY a. Any term, condition, covenant or obligation which requires performance by either party subsequent to termination of this Mortgage shall remain enforceable against such party subsequent to such termination. b. In the event any section, sentence, clause or provision of this Mortgage is held to be invalid, illegal or unenforceable by a court having jurisdiction over the matter, the remainder of this Mortgage shall not be affected by such determination and shall remain in full force and effect. 25. RELEASE Upon payment of all sums secured by this Mortgage and the Note, the Lender shall release this Mortgage and the Note. The Borrower shall pay all recordation costs. 26. NONRECOURSE The Borrower, its members and successors and assigns shall only be liable upon the indebtedness evidenced by the Agreement,and sums or amounts to accrue or to become payable thereunder or under this Mortgage or either of them, to the extent of the nonrecourse security granted under the Agreement or the Mortgage. If a default occurs, any judicial proceedings or enforcement of the remedies under the Agreement and this Mortgage against the Borrower,its members and successors and assigns shall be limited to the preservation, enforcement and foreclosure of the liens, estates, assignments, titles, rights and security interests now or at any time hereafter acquired in such security and no judgment, attachment, execution or other writ of process shall be sought,issued or levied upon the assets,property or funds of the Borrower, its members or successors and assigns other than the properties, rights, estates and interests of the Borrower as are identified as security in this Mortgage. In the event of a foreclosure or other disposition as provided for in this Mortgage of such liens, estates, assignments, titles, rights and security interests, whether by judicial proceedings or the exercise of the power of sale,no judgment for the deficiency of such indebtedness, sums and amounts shall be sought or obtained against the Borrower and/or its successors and assigns. 27. MERGER AND MODIFICATIONS This Mortgage will not be modified or amended except by agreement in writing signed by both parties. This Mortgage embodies the entire agreement and understanding between the parties hereto and there are no other agreements and/or understandings, oral or written,with respect to the subject matter hereof, that are not merged herein and superseded hereby. [Signatures on the following page] THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 4839-3055-9657 v.8 Page 375 of 1743 IN WITNESS WHEREOF, this Mortgage has been duly signed and sealed by the Borrower on or as of the day and year first above written. OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company Witness Signature By: Ocean Breeze Manager LLC, a Florida Name printed or typed limited liability company,its manager By: Witness Signature Lewis V. Swezy,Manager Name printed or typed STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, the manager of Ocean Breeze East Apartments LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Notary Public, State of Florida at Large Notary: Print or Type Name My Commission Expires 4839-3055-9657 v.8 Page 376 of 1743 MORTGAGE Ocean Breeze East Apartments Exhibit"A" Leeal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. End of Exhibit"A" 4839-3055-9657 v.8 Page 377 of 1743 PROMISSORY NOTE AND LOAN AGREEMENT Folio Number and Property Address: See Exhibit"A": Date: Amount: $567,500.00 FOR VALUE RECEIVED,the undersigned,hereinafter referred to as `Borrower,"promises to pay to the order of THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter referred to as "Lender", or its successors, the sum Five Hundred Sixty-Seven Thousand Five Hundred and NO/100 Dollars ($567,500.00) (the "Loan Sum") to the extent such amount has been disbursed by Lender to Borrower. LOAN AGREEMENT: Lender shall loan to Borrower on or after the date hereof, the Loan Sum in one or more draws upon written request of Borrower for the purpose of developing and constructing a 123 unit multifamily apartment complex to be owned,used and operated as low income housing under IRC Section 42 (the "Project"). Such request shall be accompanied by a draw request approved by the first mortgage construction lender showing the specific uses of the requested draw from the Lender for hard and soft costs of the Project and also showing disbursement of first mortgage loan proceeds to the Borrower. Borrower shall not use the Loan Sum proceeds for any purpose other than the hard and soft costs associated with the Project. Subject to the foregoing,the funding will occur upon commencement or during construction,but no later than twelve (12) months after the date of closing. LOAN PAYMENT: Borrower shall promptly pay the principal of the indebtedness evidenced by this Note, and all other charges and indebtedness provided herein and in that certain Mortgage to be entered into on date even herewith and recorded in the Public Records of Palm Beach County, Florida(the "Mortgage"),at the times and in the manner provided in this Note and in the Mortgage. The interest rate on the loan shall be zero percent(0%) interest. Payment of any principal shall be due in full on the twentieth annual anniversary of the date hereof (hereinafter referred to as the"Loan Term"). This Note may be forgiven any time after the end of the Compliance Period (as defined in the Borrower's Amended and Restated Operating Agreement) in the sole and absolute discretion of the Lender. Loan payment hereunder is secured by the terms of that certain Mortgage by and between Borrower and Lender dated of even date herewith(the "Mortgage"). DEFAULT & ACCELERATION: Lender shall have the optional right to declare the amount of the total unpaid balance hereof to be due and forthwith payable in advance of the maturity date of any sum due or installment, as fixed herein, after notice has been given in accordance with the terms and conditions in the Mortgage securing this Note,upon the occurrence of any event or failure to perform in accordance with any of the terms and conditions in the Mortgage or this Note. Notwithstanding anything herein to the contrary, Borrower's investor member shall have the right, but not the obligation, to cure a default hereunder within the same cure period as Borrower. ESTOPPEL/WAIVER: Failure of Lender to declare a default shall not constitute a waiver of such default.Upon default,this Note will accrue interest at the highest rate permissible under applicable law,or,if this Note be reduced to judgment, such judgment should bear interest at the highest rate permissible under applicable law. Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 1 4824-5364-0361 v.8 Page 378 of 1743 PREPAYMENT: Borrower reserves the right to prepay at any time all or part of the principal amount of this Note without the payment of penalties or premiums. All payments of this Note,prior to default, shall be first applied to reduce the principal amount of this Note and second to the payment of interest,if any. COLLECTION COSTS: If suit is instituted by Lender to recover this Note,Borrower agree(s)to pay all reasonable out of pocket costs of such collection including reasonable attorney's fees and court costs. PARTIES: The words`Borrower"and"Lender"in this Note shall be construed to include the respective heirs,personal representatives, successors, and assigns of the Borrower and the Lender. CONSTRUCTION AND VENUE: Each parry covenants and agrees that any and all legal actions arising out of or connected with this Note shall be instituted in the state courts located in and for Palm Beach County, Florida, as the exclusive forums and venues for any such action, subject to any right of either parry to removal from state court to federal court,which is hereby reserved,and each party further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue. This Note is entered into within, and with reference to the internal laws of, the State of Florida, and shall be governed, construed and applied in accordance with the internal laws (excluding conflicts of law) of the State of Florida. NONRECOURSE: The nonrecourse terms of the Mortgage are incorporated herein by reference and shall survive regardless of whether the mortgage is satisfied or amended. THIS NOTE ARISES OUT OF OR IS GIVEN TO SECURE THE REPAYMENT OF A LOAN ISSUED IN CONNECTION WITH THE FINANCING OF AFFORDABLE HOUSING AND IS EXEMPT FROM DOCUMENTARY AND INTANGIBLE TAXES PURSUANT TO SECTION 420.513(1), FLORIDA STATUTES. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 2 4824-5364-0361 v.8 Page 379 of 1743 IN WITNESS WHEREOF, this Note has been duly executed by Borrower as of the day and year first written above. OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company Witness Signature By: Ocean Breeze Manager LLC, a Florida Name printed or typed limited liability company,its manager By: Witness Signature Lewis V. Swezy,Manager Name printed or typed STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2019,by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company,the manager of Ocean Breeze East Apartments LLC, a Florida limited liability company,who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Notary Public, State of Florida at Large Notary: Print or Type Name My Commission Expires Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 3 4824-5364-0361 v.8 Page 380 of 1743 IN WITNESS WHEREOF,this Note has been duly executed by Lender as of the day and year first written above. THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida Witness Signature By: Name printed or typed Name: Title: Witness Signature Name printed or typed STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2019,by as of the who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Notary Public, State of Florida at Large Notary: Print or Type Name My Commission Expires Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 4 4824-5364-0361 v.8 Page 381 of 1743 PROMISSORY NOTE AND LOAN AGREEMENT Ocean Breeze East Apartments Exhibit"A" Legal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. End of Exhibit"A" Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 5 4824-5364-0361 v.8 Page 382 of 1743 EXHIBIT B First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 383 of 1743 GUARANTY OF COMPLETION THIS GUARANTY OF COMPLETION (this "Guaranty") is made effective as of the day of 2019, notwithstanding the date of execution, by Lewis V. Swezy, an individual resident of the State of Florida (the "Guarantor"), in favor of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, whose principal address is 3301 Quantum Blvd, Suite 101, Boynton Beach, FL 33426 (the "CRA" RECITALS: WHEREAS, Ocean Breeze East Apartments LLC, a Florida limited liability company (the "Company") and the CRA entered into that certain Purchase and Development Agreement dated effective as of December 15, 2017 (the "PDA"); WHEREAS, the Company has requested an amendment to the PDA; WHEREAS, the CRA requires, as a condition to making the amendment, that Guarantor execute and deliver this Guaranty for the benefit of the CRA. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, and in order to induce the CRA to make the amendment to the PDA, Guarantor hereby represents,warrants and covenants to the CRA as follows: 1. Obligations Guaranteed. Guarantor unconditionally guarantees to the CRA, (a) the final completion of the improvements by the Company (the "Project") on the land described on Exhibit A attached hereto, free and clear of all liens (other than liens described in that certain First American Title Company Title Insurance Commitment No. 2037-4488741 dated October 2, 2019), substantially in accordance with the description of such improvements set forth on Exhibit B attached hereto ("Final Completion"); (b) the Company's obligation to pay all sewer and water rents, impact fees, permitting fees, any other fees levied by any governmental authority having jurisdiction over the Project in connection with the development or construction of the Project, real estate taxes and assessments and payments in lieu of the foregoing, assessed or levied against the Project during the period of construction until Final Completion; and (c) payment in full of any and all reasonable expenses that may be paid or incurred by the CRA in the collection of all or any portion of Guarantor's obligations hereunder or the exercise or enforcement of any one or more of the other rights, powers, privileges, remedies and interests of the CRA hereunder, including, without limitation, reasonable attorneys' and paralegals' fees, irrespective of the manner or success of any such collection, exercise or enforcement, at trial, on appeal, in any bankruptcy proceedings or whether suit be brought or not, and whether or not such expenses constitute part of the Company's obligations. 2. Unconditional Guaranty. This Guaranty is an absolute, unconditional, primary, present and continuing guaranty of payment and performance and not of collection and is in no way conditioned or contingent upon any attempt to enforce the CRA's rights against the Company or any other guarantor or to collect from the Company or any other Guarantor or upon any other condition or contingency. Guarantor hereby waives and releases any claim (within the meaning of 11 U.S.C. § 10 1) which such Guarantor may have against the Company arising from a payment made by such Guarantor under this Guaranty and agrees not to assert or take advantage of any subrogation rights of such Guarantor or any right of such Guarantor to proceed against the Company for reimbursement, unless and until the Guaranteed Obligations are indefeasibly paid in full in cash. 4827-4125-3289 v.5 Page 384 of 1743 3. Liability Unimpaired. To the fullest extent permitted by law, Guarantor's liability hereunder shall in no way be limited or impaired by any act or inaction of the CRA or the City of Boynton Beach (the "City") in connection with that certain Promissory Note and Loan Agreement by the Company to the order of the City, dated of even date herewith (the "Loan Agreement") or that certain Mortgage by and between the Company and the City dated of even date herewith(the "Mortgage"). 4. Reinstatement. This Guaranty shall continue to be effective, or be reinstated automatically, as the case may be, if at any time payment, in whole or in part, of any of the obligations guaranteed hereby is rescinded or otherwise must be restored or returned by the CRA (whether as a preference, fraudulent conveyance or otherwise) upon or in connection with the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, Guarantor or any other Person, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company, Guarantor or any other Person or for a substantial part of the Company's, Guarantor's or any of such other Person's property, as the case may be, or otherwise, all as though such payment had not been made. Guarantor further agrees that in the event any such payment is rescinded or must be restored or returned, all costs and reasonable expenses (including, without limitation, reasonable legal fees and expenses) incurred by or on behalf of the CRA in defending or enforcing such continuance or reinstatement, as the case may be, shall constitute costs of enforcement, the payment of which is guaranteed by Guarantor pursuant to Paragraph 1 above. 5. Litigation, Compliance with Judgments. Guarantor represents and warrants that there are no actions, suits or proceedings pending or threatened against or affecting such Guarantor, at law, in equity or before or by any governmental authorities which would have a material effect on such Guarantor's ability to perform its obligations hereunder. To the best of Guarantor's knowledge, Guarantor is not in default with respect to any order, writ, injunction, decree or demand of any court or governmental authorities. 6. Authorization and Enforceability; No Conflicts. Guarantor represents and warrants that it has the full power and authority to enter into and perform its obligations under this Guaranty and this Guaranty is a legal, valid and binding instrument, enforceable against Guarantor in accordance with its terms. The execution, delivery and performance of this Guaranty has been authorized by all proper and necessary actions of Guarantor. Guarantor represents and warrants that the consummation of the transactions contemplated hereby and the performance of this Guaranty have not resulted and will not result in any breach of, or constitute a default under, any mortgage, deed of trust, lease, bank loan or credit agreement, corporate charter, by-laws, partnership agreement, trust agreement or other instrument to which such Guarantor is a party or by which such Guarantor may be bound or affected. 7. Compliance with Laws. Guarantor represents and warrants that Guarantor is in compliance with, and the transactions contemplated by this Guaranty do not and will not violate any provision of, or require any filing, registration, consent or approval under, any federal, state or local law, rule, regulation, ordinance, order, writ,judgment, injunction, decree, determination or award(hereinafter, "Laws") presently in effect having applicability to such Guarantor. Guarantor will comply promptly with all Laws now or hereafter in effect having applicability to Guarantor. 8. Accuracy of Information; Full Disclosure. Guarantor represents and warrants that neither this Guaranty nor any documents, financial statements,reports,notices, schedules, certificates, statements or other writings furnished by or on behalf of Guarantor to the CRA in connection with the negotiation of the amendment to the PDA or the consummation of the transactions contemplated thereby, or required herein to be furnished by or on behalf of Guarantor, contains any untrue or misleading statement of a material fact as of the date thereof; to Guarantor's knowledge, there is no fact which Guarantor has not 4827-4125-3289 v.5 Page 385 of 1743 disclosed to the CRA in writing which materially affects adversely any of the Project or the business affairs or financial condition of Guarantor,or the ability of Guarantor to perform this Guaranty. 9. Mechanics' Liens. If the Company and/or Guarantor shall have completed or caused the completion of the construction of the Project, so as to achieve Final Completion, then upon the expiration of any time period beyond the date in which the Company or Guarantor has achieved Final Completion, within which mechanics, materialmen or other Persons (collectively, "Mechanics") are entitled to file liens against the Project for development, construction, materials or related work claims (such completion and the expiration of such time period, is herein referred to as the "Completion of the Project'), Guarantor shall be released of any further obligations under this Guaranty; provided,however, if the CRA shall have received after Completion of the Project, duly executed lien waivers from all Mechanics entitled to file liens against the Project evidencing the payment in full for all of their work relating to the Project, this Guaranty shall terminate upon receipt of such lien waivers. The CRA agrees that upon the CRA's receipt of evidence satisfactory to the CRA of the Completion of the Project, and, provided, that no undischarged liens which have not been bonded over shall have been filed against the Project by Mechanics, CRA shall deliver a written confirmation that this Guaranty is limited only to a guaranty against the filing of subsequent liens against the Project by Mechanics with respect to which such duly executed lien waivers have not been received by the CRA. Thereafter, this Guaranty shall continue as a guaranty against claims and liens by Mechanics that have not been waived until Mechanics are no longer legally entitled to file any such claims or liens against the Project, whereupon the CRA, upon receipt of written request from Guarantor, shall deliver to Guarantor the CRA's final written confirmation of termination of this Guaranty in full, provided that no undischarged Mechanics' liens have been filed against the Project. 10. Non-Waiver Remedies Cumulative. No failure or delay on the CRA's part in exercising any right,power or privilege under this Guaranty shall operate as a waiver of any such privilege,power or right or shall be deemed to constitute the CRA's acquiescence in any default by Guarantor. A waiver by the CRA of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the CRA otherwise would have on any future occasion. The rights and remedies provided herein are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law. 11. Severability. Any provision of this Guaranty, or the application thereof to any Person or circumstance, which, for any reason,in whole or in part, is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Guaranty(or the remaining portions of such provision) or the application thereof to any other Person or circumstance, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision (or portion thereof) or the application thereof to any Person or circumstance in any other jurisdiction. 12. Entire Agreement, Amendments. This Guaranty contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements or statements relating to such subject matter, and none of the terms and provisions hereof may be waived, amended or terminated except by a written instrument signed by the Person against whom enforcement of the waiver, amendment or termination is sought. 13. Successors and Assigns. This Guaranty shall be binding upon and shall inure to the benefit of the CRA and Guarantor and their respective heirs, personal representatives, successors and assigns. This Guaranty may be assigned by the CRA with respect to all or any portion of the obligations guaranteed hereby, and when so assigned Guarantor shall be liable under this Guaranty to the assignee(s) of the portion(s) of the obligations guaranteed hereby so assigned without in any manner affecting the 4827-4125-3289 v.5 Page 386 of 1743 liability of Guarantor hereunder to the CRA with respect to any portion of the obligations guaranteed hereby retained by the CRA. 14. WAIVER OF TRIAL BY JURY. GUARANTOR, AND BY ITS ACCEPTANCE HEREOF, THE CRA, EACH HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THE GUARANTY, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY GUARANTOR AND THE CRA, AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. GUARANTOR AND THE CRA ARE EACH HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER. 15. ADDITIONAL WAIVERS IN THE EVENT OF ENFORCEMENT. GUARANTOR HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION OR PROCEEDING BROUGHT BY OR ON BEHALF OF THE CRA ON THIS GUARANTY, ANY AND EVERY RIGHT GUARANTOR MAY HAVE TO (1) INJUNCTIVE RELIEF, (II) INTERPOSE ANY COUNTERCLAIM THEREIN (OTHER THAN COMPULSORY COUNTERCLAIMS), AND (III) HAVE THE SAME CONSOLIDATED WITH ANY OTHER OR SEPARATE SUIT, ACTION OR PROCEEDING. NOTHING HEREIN CONTAINED SHALL PREVENT OR PROHIBIT GUARANTOR FROM INSTITUTING OR MAINTAINING A SEPARATE ACTION AGAINST THE CRA WITH RESPECT TO ANY ASSERTED CLAIM. 16. Governing Law; Submission To Jurisdiction. This Guaranty and the rights and obligations of the parties hereunder shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of Florida(without giving effect to Florida's principles of conflicts of law). Guarantor hereby irrevocably submits to the exclusive jurisdiction of the state courts located in and for Palm Beach County over any suit, action or proceeding arising out of or relating to this Guaranty, and Guarantor hereby agrees and consents that, in addition to any methods of service of process provided for under applicable law, all service of process in any such suit, action or proceeding in any Florida State or Federal court sitting in the County of Palm Beach may be made by certified or registered mail, return receipt requested, directed to Guarantor at the address indicated below, and service so made shall be complete ten(10)days after the same shall have been so mailed. 17. Paragraph Headings. Any paragraph headings and captions in this Guaranty are for convenience only and shall not affect the interpretation or construction hereof. 18. Notices.Notices shall be given with respect to Guarantor at the address set forth below: GUARANTOR: Lewis V. Swezy c/o Centennial Management Co. 7735 NW 146 Street, Suite 306 Miami Lakes,FL 33016 WITH A COPY TO: Nelson Mullins Broad and Cassel 390 N. Orange Avenue, Suite 1400 Orlando, Florida 32801 Attn: Randal M. Alligood, Esq. 4827-4125-3289 v.5 Page 387 of 1743 19. Counterparts. This Guaranty may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute together but one and the same agreement. [EXECUTION PAGE FOLLOWS] 4827-4125-3289 v.5 Page 388 of 1743 [SIGNATURE PAGE TO GUARANTY OF COMPLETION] IN WITNESS WHEREOF, Guarantor has caused this Guaranty to be duly executed and delivered by its duly authorized official as of the day of , 2019. GUARANTOR: LEWIS V. SWEZY 4827-4125-3289 v.5 Page 389 of 1743 EXHIBIT A Leeal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive,in Block 1, AND Lots 1 and 2,in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof, LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4,Public Records of Palm Beach County, Florida. 4827-4125-3289 v.5 Page 390 of 1743 EXHIBIT B Description of Improvements I. If requested or required by the CRA, the Project will be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the Project to create an enclosed space. If requested or required by the CRA, a mechanical gate will be installed at the entry and exit of the Project requiring proof of residency for entry. Gates shall not be required if space required for gates (including stacking and turn- around requirements) is impractical or would negatively impact other elements of the site plan including the unit count. 2. The Project will have a minimum of a 6' sidewalk constructed around the entirety of the Project. 3. The Project will include street lights installed along the entire perimeter of the Project that are complimentary to those existing along the east side of N. Seacrest Boulevard adjacent to the Property. 4. The Project will include on-street parking spaces,where feasible. 5. The Project will include street and site trees that exceed the size and caliper requirement of the City's Land Development Regulations which will be installed along the entire perimeter of the Project. 6. The Project will include enhanced resident amenities within the proposed project boundaries. 7. The Project will include plaza style open space that exceeds the requirement of the City's Land Development Regulations with landscape, hardscape and accent lighting features preferably located on N. Seacrest Boulevard or at the corner of N. Seacrest Boulevard and NE 7th Avenue. 8. The Project will include construction of a three (3) story, 100-123 unit affordable multi-family rental housing development, approximately 2,500 sq.ft. of flex space for a new Neighborhood Officer Program office and community space, which shall be provided to the CRA for said use rent free. 4827-4125-3289 v.5 Page 391 of 1743 EXHIBIT C First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 392 of 1743 This instrument prepared by and return to: Randal M. Alligood, Esq. Nelson Mullins Broad and Cassel 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 TERMINATION OF REVERTER AGREEMENT THIS TERMINATION OF REVERTER AGREEMENT (this "Termination") is executed this day of , 2019 by OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Ocean Breeze"), whose address is 7735 NW 146th Street, Suite 306, Miami Lakes, Florida 33016 and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part HI, of the Florida Statutes ("Seller"). WITNESSETH: WHEREAS, Seller entered into that Reverter Agreement with Ocean Breeze as of December 15, 2017 (the "Reverter") with regard to the real property described in the attached Exhibit A (the "Property"); WHEREAS, Ocean Breeze and Seller desire to terminate the Reverter; NOW, THEREFORE, for and in consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Capitalized terms not otherwise defined herein shall have the meaning as set forth in the Reverter. 2. The Reverter is terminated in its entirety and shall be of no further force or effect whatsoever, and Seller has no further rights of reversion or to a repurchase of the Property under the Reverter or under any other agreement. 3. The Reverter is the"Reverter Agreement"referred to in that certain Warranty Deed dated January 31, 2018, from Seller to Ocean Breeze as recorded in Official Records Book 29685, Page 749 of the Public Records of Palm Beach County, Florida, and for clarity, any reverter rights under such Warranty Deed are also terminated. 4. This Agreement may be recorded. 1 of 3 4847-6277-5977 v.5 Page 393 of 1743 IN WITNESS WHEREOF,the parties have executed this Termination as of the date first written above. Witness: OCEAN BREEZE EAST APARTMENTS LLC, a Print Name: Florida limited liability company By: Ocean Breeze Manager LLC, a Florida Witness: limited liability company,its manager Print Name: By: Lewis V. Swezy,Manager STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019, by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company, as manager of Ocean Breeze East Apartments LLC, a Florida limited liability company, who has produced as identification or is personally known to me. Notary Public Print Name: My Commission Expires: 2 of 4 Page 394 of 1743 Witness: BOYNTON BEACH COMMUNITY Print Name: REDEVELOPMENT AGENCY By: Witness: Name: Print Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2019, by , as of Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163,Part III, of the Florida Statutes, who has produced as identification or is personally known to me. Notary Public Print Name: My Commission Expires: 3 of 4 Page 395 of 1743 EXHIBIT A Legal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. 4 of 4 Page 396 of 1743 EXHIBIT D The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive,in Block 1, AND Lots 1 and 2,in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way,PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof, LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. First Amendment to Purchase and Development Agreement—Ocean Breeze East Page 397 of 1743 Prepared By/Return To: Carol S. Faber, Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street, Suite 1100 Miami, Florida 33131 SUBORDINATION AGREEMENT AND CONSENT 2019 To: TD BANK, N.A., a national banking association ("Lender") 21845 Powerline Road, Second Floor Boca Raton, Florida 33433 Attention: Mario Facella To induce the Lender to make available and continue, a credit facility to and for the benefit of OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Borrower"), pursuant to the terms of that certain Construction Loan Agreement between Borrower and Lender dated on or about the date hereof (as same may hereafter be amended, supplemented, replaced or restated from time to time, collectively referred to as the "Loan Agreement"), the undersigned hereby agrees as follows: 1. The payment and performance of any and all Subordinated Obligations (as defined below) is expressly subordinated to the Senior Debt (as defined below) to the extent and in the manner set forth in this Subordination Agreement and Consent (this "Agreement"). The term "Subordinated Obligations" means all rights of the undersigned (including, without limitation, with respect to any and all indebtedness, liabilities, and obligations of Borrower), now existing or hereafter arising, under and in connection with that certain: (a) Purchase and Development Agreement with an Effective Date (as defined in such agreement) of December 15, 2017, entered into by and between the undersigned and Borrower, as the same may be amended from time to time, with Lender's prior written approval (the "PDA"); and (b) Guaranty of Completion dated as of [ 1, given by Lewis V. Swezy, an individual, in favor of the undersigned (the "Guaranty"). The term "Senior Debt" means any and all Indebtedness (as defined in the Senior Mortgage, as such term is defined below) of Borrower to Lender under the Loan Agreement including without limitation interest accruing after the commencement of any bankruptcy, insolvency or similar proceeding with respect to Borrower, whether or not a claim for such post-commencement interest is allowed. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the Loan Agreement or the Senior Mortgage, as applicable. 01-25-2019 50549290;6 Page 398 of 1743 2. a. Repayment of the Senior Debt is secured by that certain Construction Loan Mortgage, Security Agreement, and Fixture Filing (the "Senior Mortgage") given by Borrower in favor of Lender, dated on or about the date hereof, and to be recorded in the Official Public Records of Palm Beach County, Florida, which Senior Mortgage encumbers Borrower's real property located at 700 North Seacrest Boulevard, Boynton Beach, Florida, as more fully described in Exhibit "A" attached hereto ("Mortgaged Property") and by Borrower's personal property described in the Loan Documents (together with the Mortgaged Property, collectively, "Senior Collateral"). b. The undersigned covenants and agrees that it shall not take or accept any liens or security interests in any property of Borrower, whether now owned or hereafter acquired, as security for the Subordinated Obligations. C. The undersigned agrees, for Lender's benefit, that, notwithstanding anything to the contrary contained in any agreement between Borrower and undersigned, Lender's security interests, liens, mortgages or any other security arrangements with respect to the Senior Collateral (including the lien with respect to the Mortgaged Property), together with any insurance proceeds, condemnation awards and foreclosure proceeds, are senior and prior in operation and effect to any interests or liens of undersigned with respect to any collateral owned by Borrower. d. The priority of liens and security interests set forth in this Section 2 shall apply and control, irrespective of (i) any statement to the contrary in any agreement or other document executed and delivered by any party hereto or any affiliate thereof; (ii) the time, order or method of attachment or perfection of security interests or the perfection of security interests or recordation of liens; (iii) the time or order of recording of mortgages or filings of financing statements or any other recordings of filings; or (iv) the giving of, or failure to give, notice of the acquisition or expected acquisition of purchase money or other security interests. e. Until such time as the Senior Debt shall have been indefeasibly paid in full and any commitment to make advances under the Loan Agreement has terminated, the undersigned shall not take any action to enforce or exercise any right or remedy with respect to the Subordinated Obligations. f. In the event Lender shall release, for purposes of restoration of all or any part of the improvements located at the Mortgaged Property, its right, title and interest in and to the proceeds under the policies of insurance thereon, and/or Lender's right, title and interest in and to any awards, or Lender's right, title and interest in and to other compensation made for any damages, losses or compensation for other rights by reason of a taking in eminent domain, the undersigned shall release for such purpose all of the undersigned's right, title and interest, if any, in and to all such insurance proceeds, awards or compensation, and the undersigned agrees that the balance of such proceeds remaining shall be applied to the reduction of the Senior Debt, and if Lender holds such proceeds, awards or compensation and/or monitor the disbursement 01-25-2019 2 50549290;6 Page 399 of 1743 thereof, the undersigned agrees that Lender shall also hold and monitor the disbursement of such proceeds, awards and compensation to which the undersigned is entitled. Nothing contained in this Agreement shall be deemed to require Lender to act for, or on behalf of, the undersigned, or to hold or monitor any proceeds, awards, or compensation in trust for or on behalf of the undersigned, in any way whatsoever, and all or any of such sums so held or monitored may be commingled with any of Lender's funds. g. The undersigned hereby waives any equitable right the undersigned may have in respect of marshaling, in connection with any release of all or any portion of the Senior Collateral by Lender from the lien of the Loan Documents, to require the separate sale of any portion of the Senior Collateral, or to require Lender to exhaust its remedies against any portion of the Senior Collateral, or any combination of any portion of the Senior Collateral, or to require Lender to proceed against any portion of the Senior Collateral, or any combination of any portion of the Senior Collateral, before proceeding against any other portion of the Senior Collateral, and further, in the event of foreclosure, or other enforcement proceeding by Lender, the undersigned hereby expressly consents and authorizes, at Lender's option, the sale, either separately or together, of all or any portion of the Mortgaged Property. h. Notwithstanding anything to the contrary contained herein, the undersigned agrees that, in the event that any Senior Collateral or other property of Borrower that is subject to any security interests or liens with respect to the Subordinated Obligations is sold, transferred, conveyed or otherwise disposed of (i) as permitted under the Loan Agreement or the other Loan Documents (including the exercise of Lender's rights and remedies thereunder or under any other Loan Document) or (ii) with respect to any sale, transfer, conveyance or other disposition to a party other than a beneficial owner of Borrower for a commercially reasonable price (as determined by Lender) in light of the circumstances at the time, that is otherwise consented to by Lender and Borrower, the undersigned shall release any and all rights to and interests in such property, and such property shall be transferred free and clear of any and all liens and security interests in favor of the undersigned; provided that if an event of default has occurred and is continuing with respect to the Subordinated Obligations, undersigned's interest (if any) shall continue with respect to the proceeds of any collateral for the Subordinated Obligations sold, transferred, conveyed or disposed to the extent that such proceeds exceed the amount of the Senior Debt. The undersigned shall execute such termination and release documents as Lender may reasonably request to effectuate the terms hereof and hereby irrevocably appoints Lender (coupled with an interest) as undersigned's attorney in fact to execute such termination and release documents. 3. The undersigned agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to Lender or Lender's actions with respect to Lender's handling or liquidation of the Senior Collateral under and in connection with the Loan Agreement or any of the other Loan Documents, or any 01-25-2019 3 50549290;6 Page 400 of 1743 amendment, extension, replacement thereof or related agreement between Lender and Borrower. 4. The undersigned will not commence any action or proceeding of any kind against Borrower to recover or enforce all or any part of the Subordinated Obligations not paid or performed when due, and shall at no time join with any creditor, in bringing any proceeding against Borrower under any liquidation, conservatorship, bankruptcy, reorganization, rearrangement, or other insolvency law now or hereafter existing, unless and until the Senior Debt shall be indefeasibly paid in full and any commitment to make advances under the Loan Agreement has terminated. 5. In the event of any liquidation, conservatorship, bankruptcy, reorganization, rearrangement, or other insolvency proceeding of Borrower, the undersigned will at Lender's request file any claims, proofs of claim, or other instruments of similar character necessary to enforce the obligations of Borrower in respect of the Subordinated Obligations and will hold in trust for Lender and pay over to Lender in the same form received, to be applied on the Senior Debt as determined by Lender, any and all money, dividends or other assets received in any such proceedings on account of the Subordinated Obligations, unless and until the Senior Debt shall be indefeasibly paid in full (and any commitment to make advances under the Loan Agreement has terminated), including without limitation interest accruing after the commencement of any bankruptcy, insolvency or similar proceeding with respect to Borrower, whether or not a claim for such post-commencement interest is allowed. Lender may, as attorney-in-fact for the undersigned, take such action on behalf of the undersigned and the undersigned hereby appoints Lender as attorney-in-fact for the undersigned to demand, sue for, collect, and receive any and all such money, dividends or other assets and give acquittance therefore and to file any claim, proof of claim or other instrument of similar character and to take such other proceedings in Lender's name or in the name of the undersigned, as Lender may deem necessary or advisable for the enforcement of this Agreement. The undersigned will execute and deliver to Lender such other and further powers of attorney or other instruments as Lender reasonably may request in order to accomplish the foregoing. 6. Lender may at any time and from time to time, without the consent of or notice to the undersigned, without incurring responsibility to the undersigned and without impairing or releasing any of Lender's rights, or any of the obligations of the undersigned hereunder: a. Change the amount, manner, place or terms of payment or change or extend the time of payment of or renew or alter the Senior Debt (including increasing the principal amount thereof), or any part thereof, or amend, supplement or replace the Loan Agreement and/or any other Loan Document in any manner or enter into or amend, supplement or replace in any manner any other agreement relating to the Senior Debt; 01-25-2019 4 50549290;6 Page 401 of 1743 b. Sell, exchange, release or otherwise deal with all or any part of the Senior Collateral securing the Senior Debt or any part thereof; C. Release anyone liable in any manner for the payment or collection of the Senior Debt; d. Exercise or refrain from exercising any rights against Borrower or others (including the undersigned); and e. Apply sums paid by any party to the Senior Debt in any order or manner as determined by Lender. 7. The undersigned will advise each future holder of all or any part of the Subordinated Obligations that the Subordinated Obligations is subordinated to the Senior Debt in the manner and to the extent provided herein. The undersigned represents that no part of the Subordinated Obligations or any instrument evidencing the same has been transferred or assigned and the undersigned will not transfer or assign, except to Lender, any part of the Subordinated Obligations while any Senior Debt remains outstanding, unless such transfer or assignment is made expressly subject to this Agreement. Upon Lender's request, the undersigned will in the case of any Subordinated Obligations which are not evidenced by any instrument cause the same to be evidenced by an appropriate instrument or instruments, and place thereon and on any and all instruments evidencing the Subordinated Obligations a legend in such form as Lender may determine to the effect that the Subordinated Obligations are subordinated and subject to the prior payment in full of all Senior Debt pursuant to this Agreement, as well as deliver all such instruments to Lender. 8. The undersigned hereby agrees, but only as a separate and independent covenant of the undersigned and not as a condition to the continued effectiveness of the covenants or agreements of the Borrower and the Lender, to give prompt written notice to the Lender of any default of the Borrower under the Subordinated Obligations and the undersigned hereby grants to the Lender the right, but without the obligation, to cure any default of the Borrower within thirty (30) days after the receipt of written notice by the Lender of the Borrower's failure to do so; provided, however, except as to any default capable of being cured by the payment of money, said thirty (30) day period shall be extended so long as within said thirty (30) days the Lender has commenced to cure and is proceeding with due diligence to cure said default. 9. The undersigned hereby consents to and acknowledges the Senior Debt, the Loan Agreement, the Mortgage, and the other Loan Documents, and each and all of the terms and conditions thereof, notwithstanding any terms to the contrary in any document(s) evidencing and/or entered into in connection with the Subordinated Obligations. 10. This Agreement contains the entire agreement between the parties regarding the subject matter hereof and may be amended, supplemented or modified 01-25-2019 5 50549290;6 Page 402 of 1743 only by written instrument executed by Lender and the undersigned. This Agreement, and the rights of Lender hereunder shall terminate upon indefeasible payment in full of all Senior Debt and satisfaction of all obligations under the Senior Debt and the termination of Lender's commitment to make advances under the Loan. 11. The undersigned represents and warrants that neither the execution or delivery of this Agreement nor fulfillment of nor compliance with the terms and provisions hereof will conflict with, or result in a breach of the terms, conditions, or provisions of or constitute a default under any agreement or instrument to which the undersigned or any of the undersigned's assets is now subject. 12. Any notice of acceptance of this Agreement is hereby waived. 13. This Agreement may be assigned by Lender, in whole or in part in connection with any assignment or transfer of any portion of the Senior Debt. 14. This Agreement shall be binding upon the undersigned, and the undersigned's successors, representatives and assigns. 15. Borrower agrees that it will not make any payment on any of the Subordinated Obligations, or take any other action in contravention of the provisions of this Agreement. 16. In the event that Lender or Borrower at any time terminate the financing arrangements with respect to the Senior Debt, then the provisions hereof shall inure to the benefit of any financial institution obtained by Borrower to provide replacement financing for Borrower and, in connection with such replacement financing, the undersigned shall, if requested by such replacement lender, execute with such replacement lender a subordination agreement substantially similar to this Agreement. 17. THIS AGREEMENT, AND ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND ALL RELATED AGREEMENTS AND DOCUMENTS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA. THE PROVISIONS OF THIS SUBORDINATION AGREEMENT AND ALL OTHER AGREEMENTS AND DOCUMENTS REFERRED TO HEREIN ARE TO BE DEEMED SEVERABLE, AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION SHALL NOT AFFECT OR IMPAIR THE REMAINING PROVISIONS WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT. 18. The undersigned hereby irrevocably consents to the non-exclusive jurisdiction of any Florida state or federal court sitting in Palm Beach County, Florida in any and all actions and proceedings whether arising hereunder or under any other agreement or undertaking. The undersigned waives any objection which the undersigned may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. Undersigned irrevocably agrees to service of process by 01-25-2019 6 50549290;6 Page 403 of 1743 certified mail, return receipt requested to the address set forth on the signature page hereto. 19. THE UNDERSIGNED (AND LENDER BY ITS ACCEPTANCE HEREOF) HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A JURY TRIAL IN CONNECTION WITH ANY LITIGATION, PROCEEDING OR COUNTERCLAIM ARISING WITH RESPECT TO RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO OR UNDER THE LOAN DOCUMENTS OR WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY DISCUSSIONS, NEGOTIATIONS OR COMMUNICATIONS INVOLVING OR RELATED TO ANY PROPOSED RENEWAL, EXTENSION, AMENDMENT, MODIFICATION, RESTRUCTURE, FORBEARANCE, WORKOUT, OR ENFORCEMENT OF THE TRANSACTIONS CONTEMPLATED HEREUNDER OR UNDER THE LOAN DOCUMENTS. 20. The PDA and Guaranty each is and shall continue to be completely subject and subordinate to the Senior Debt in all respects. In the event that Lender, its successors, transferees, designees and/or assigns forecloses the lien of the Senior Mortgage or obtains a deed in lieu of foreclosure thereof, then immediately and without further action (including, without limitation, without the execution or delivery of any further instrument, document, or agreement), the PDA (unless the Lender chooses otherwise as to all or any part thereof in its sole discretion), and the Guaranty shall be of no further effect, the Mortgaged Property shall cease to be subject to any and all of the terms thereof, and the undersigned shall have no further rights thereunder. [SIGNATURE PAGES FOLLOW] 01-25-2019 7 50549290;6 Page 404 of 1743 WITNESS the due execution of this Agreement as a document under seal as of the date first written above. SUBORDINATING PARTY: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Witness Signature By: Name printed or typed Name- Title- Witness ame:Title:Witness Signature Address: Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20197 by , as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, on behalf of the agency, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGES] 01-25-2019 8 50549290;6 Page 405 of 1743 LENDER: TD BANK, N.A., a national banking association Witness Signature By: Name printed or typed Name- Title- Witness ame:Title:Witness Signature Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20197 by , as of TD BANK, N.A., a national banking association, on behalf of the banking association, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGE] 01-25-2019 g 50549290;6 Page 406 of 1743 AGREED TO AND ACKNOWLEDGED, INTENDING TO BE LEGALLY BOUND: BORROWER: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company Witness Signature By: Ocean Breeze Manager LLC, a Florida limited liability company, its Name printed or typed manager Witness Signature By: Lewis V. Swezy, Manager Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20197 by Lewis V. Swezy, as Manager of Ocean Breeze Manager LLC, a Florida limited liability company, as Manager of Ocean Breeze East Apartments LLC, a Florida limited liability company, on behalf of the limited liability company, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) 01-25-2019 10 50549290;6 Page 407 of 1743 Exhibit "A" (Legal Description of Mortgaged Property) The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. 01-25-2019 11 50549290;6 Page 408 of 1743 COLLATERAL ASSIGNMENT OF MUNICIPAL AGREEMENTS THIS COLLATERAL ASSIGNMENT OF MUNICIPAL AGREEMENTS (this "Assignment") is dated as of , 20197 by OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Assignor"), in favor of TD BANK, N.A., a national banking association, for itself and as agent for any Affiliate Counterparty (as such term is defined in the Loan Agreement defined below) ("Assignee"). WITNESSETH : WHEREAS, Assignor and Assignee have entered into that certain Construction Loan Agreement, dated of even date herewith, pursuant to which Assignee is making a construction loan (the "Loan") to Assignor in the maximum principal amount of $13,700.000.00 (the "Loan Agreement"), and in connection therewith, Assignor has executed and delivered a Construction Loan Note, dated of even date herewith, in the original principal amount of$13,700.000.00 payable to Assignee (the "Note"); WHEREAS, as security for the Loan and related obligations, Assignor has also executed and delivered to Assignee, among other things, that certain (a) Construction Loan Mortgage, Security Agreement, and Fixture Filing, dated of even date herewith (the "Mortgage"), and (b) Assignment of Leases and Rents, dated of even date herewith (the "Assignment of Rents"), which Mortgage and Assignment of Rents each encumber that certain parcel of real property more particularly described on Schedule A attached hereto and made a part hereof (the "Property"); and WHEREAS, as additional security for Assignor's obligations under the Note and Loan Agreement, Assignor wishes to assign its interest in, among other things, various contracts and agreements between Assignor and certain municipal and/or quasi-governmental agencies and/or authorities and/or certain public utilities, as well as its interest in certain development rights. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be bound hereby, Assignor agrees as follows: Assignor hereby grants, transfers and assigns to the Assignee all of Assignor's right, title and interest in and to the following: (a) All contracts and agreements described on Schedule B attached hereto and made a part hereof, as the same may be amended, modified and/or supplemented from time to time (collectively, the "Contracts"), which Contracts now affect or will in the future affect the Property; and (b) All proceeds of and deposits with respect to the Contracts. 50520943;6 Page 409 of 1743 Assignor represents and warrants to the best of Assignor's knowledge and belief that: (a) it has good and full right and authority to make this Assignment; (b) it has not heretofore made any assignment, pledge, alienation, or other transfer of any of the Contracts, (c) all Contracts are in full force and effect and have not been modified or amended, except as indicated on Schedule B, and Assignor is not in default of any of its obligations thereunder, and (d) it promptly will deliver to Assignee complete copies of any and all Contracts (and any amendments, modifications, and/or supplements thereto) subsequently entered into by Assignor. This Assignment is made for the purpose of securing- 1. ecuring:1. The payment of the principal sum, interest, and indebtedness evidenced by the Note, and all Hedging Obligations (as such term is defined in the Loan Agreement) which Note and any Hedging Contracts (as such term is defined in the Loan Agreement) are also secured by the Mortgage and Assignment of Rents; 2. Any other sums, together with any applicable interest thereon, due from Assignor to Assignee or any Affiliate Counterparty pursuant to the Loan Agreement, any of the other Loan Documents (as such term is defined in the Loan Agreement) or pursuant to any Hedging Contract; and 3. Performance and discharge of each and every obligation, covenant, and agreement of Assignor contained in the Loan Documents. This Assignment is made on the following terms, covenants and conditions: This Assignment is made solely for the purpose of securing the above- described obligations of Assignor to Assignee or any Affiliate Counterparty. So long as there shall exist no uncured default by Assignor in the payment of the principal sum, interest or other amounts due with respect to the Indebtedness (as defined in the Mortgage) and any Hedging Obligations evidenced or secured by the Loan Documents or any Hedging Contract or in the performance by Assignor of any obligation, covenant, or agreement in said Loan Documents or any Hedging Contract, Assignor shall retain and may exercise all rights with respect to all development rights and all rights in and to any and all the Contracts, subject to the terms of the Loan Documents. In the event of any uncured default by Assignor under the Loan Documents, Assignee, at its option, may (but it shall not be obligated to) exercise its rights as assigned herein, including the exercise of all development rights of Assignor pertaining to the Property, succeed to any and all of Assignor's rights, title, and interest in and to all or any of the Contracts (subject to the terms, conditions, and limitations therein contained), and waive, amend, modify, or terminate all or any part of the Contracts as Assignee, in its sole discretion, deems advisable. 01-17-2019iTDs 2 50520943;6 Page 410 of 1743 Upon payment in full of the principal sum, interest, any other indebtedness including any Hedging Obligation evidenced or secured by the Loan Documents and any Hedging Contract, this Assignment shall become and be void and of no effect. In case of any conflict between the terms of this instrument and the terms of the Loan Agreement, the terms of the Loan Agreement shall prevail. This Assignment shall inure to the benefit of Assignee and its successors and assigns. This Assignment shall be governed, construed and enforced in accordance with the laws of the State of Florida. [NO FURTHER TEXT ON THIS PAGE] 01-17-2019/TDS 3 50520943;6 Page 411 of 1743 IN WITNESS WHEREOF, Assignor has executed this instrument as of the date first set forth above. ASSIGNOR: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Manager LLC, a Florida limited liability company, its manager By: Lewis V. Swezy, Manager 50520943;6 Page 412 of 1743 SCHEDULE A Legal Description "1 r land refs red w herein,bekjw k simated In the Cctumty of aim Brach, tate Df Flnrida,and described as ffillows: Lot% 3 through 12 Inclusive, in 81ack 1,AND Lzits, I and 2, in black 11, LESS all that planion of Lxits I and 2 lying West of the East right-oC-way line for Seacrem Boulnard as b ,shown aBuoy:n Pu�d PlaBuoy: 5, at Page 192 AND L,ESS a,20 f Ca return curve area f romd right-of-way,PALN1 BEACH COUNTRY L CL'Ul ESTAT ES,accordin to the plat thereof, a,4 rmarded in Plat ADok 11,at flage 43, cif the Public Record Palm Beach County,Flnzida- AND "'Me South I i2nf the 1--",ast 1�2 of Lut I of Subdivi-,;ian of the West 1�'2 ar the Soudwast 11'4 ,Df Section,2 L,'Tuwnship 45 South, Range 4 ,est, LESS the South 1,25 Ccet theiraf,' LESS the paTcels wnvc�vd to the City o6 Buy tan Beach by Official kecwds Book 852, Pa.,qe 642,and LESS the right-o6- ° for Seac:rcst Aoulevard,&i:showm an P Plat Book 5, at Page 182, wcurding tri the plat thertNif,as reeved-ed in Plat Book 1,at Page 4, Publk:kLxonds of Palm Beacb Caunty, Plarida. 01-17-2019/TDS 50520943;6 Page 413 of 1743 SCHEDULE B List of Contracts 1. Purchase and Development Agreement with an Effective Date (as defined in such agreement) of December 15, 2017, entered into by and between Boynton Beach Community Redevelopment Agency and Assignor, as amended from time to time (collectively, the "PDA"). 01-17-2019iTDs 50520943;6 Page 414 of 1743 CONSENT TO ASSIGNMENT OF MUNICIPAL AGREEMENTS Each of the undersigned acknowledges that the execution and delivery of this Consent to Assignment of Municipal Agreements (this "Consent") is required by Assignee prior to making any disbursements of the Loan (as defined in the foregoing Assignment of Municipal Agreements ("Assignment"); all terms defined in the Assignment are used with the same meaning herein), and, without execution and deliv- ery of this Consent, Assignee will not make the Loan. In consideration of the foregoing, each of the undersigned hereby agrees as follows- 1. ollows:1. Each of the undersigned hereby consents to and acknowledges the foregoing Assignment by Assignor of the PDA, and to each and all of the terms and conditions of the Assignment notwithstanding any terms to the contrary in the PDA. Each of the undersigned hereby agrees to be bound by such assignment. 2. This Consent (a) shall be binding upon each of the undersigned and their successors and assigns, (b) shall inure to the benefit of Assignee and its respective successors and assigns, and (c) may not be amended, withdrawn, canceled, modified or otherwise affected without the prior written consent of Assignee. 3. Assignee shall have the right to assign its rights pursuant to this Consent to any subsequent holder of the Loan or any interest therein, or to Assignee's nominees, successors or assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY, SIGNATURES ON FOLLOWING PAGES] 01-17-2019iTDs 50520943;6 Page 415 of 1743 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: 01-17-2019iTDs 50520943;6 Page 416 of 1743 [PLACE ON BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY LETTERHEAD] ESTOPPEL CERTIFICATE 12019 TD BANK, N.A., a national banking association 21845 Powerline Road, Second Floor Boca Raton, Florida 33433 Re: Purchase and Development Agreement with an Effective Date (as defined in such agreement) of December 15, 2017, entered into by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Borrower"), as amended pursuant to that certain First Amendment to Purchase and Development Agreement dated as of r ], 20197 by and among BBCRA, Borrower, Lewis V. Swezy, an individual, and The City of Boynton Beach, as the same may be amended from time to time (collectively, the "Agreement"), covering the property therein described (the "Property"). Ladies and Gentlemen: The BBCRA hereby certifies to TD BANK, N.A., a national banking association ("Lender"), who has agreed to make a loan ("Loan") to Borrower, which Loan is secured by the Property owned by Borrower, as follows: 1. Unless specifically indicated otherwise herein, capitalized terms in this Estoppel Certificate shall have the same respective meanings as are ascribed to them in the Agreement. 2. The Agreement as described above is unmodified and is in full force and effect. Other than the Agreement, there are no other agreements or understandings, whether written or oral, between the parties to the Agreement with respect to the matters covered by the Agreement. 3. The BBCRA approves of the development and use of the Property as a 123 unit multifamily complex with related infrastructure and improvements. 4. The BBCRA shall provide Lender notice as and when notice is required to be delivered to any party in accordance with the Agreement. Lender's address for purposes of providing notice under the Agreement is set forth at the top of this Estoppel Certificate. 5. The BBCRA's current address for notice under the Agreement is: f I 6. To the current knowledge of the BBCRA after due inquiry, as of the date hereof, no event(s) have occurred that presently, or with the passage of time, the giving of notice, or both, do or would: (a) constitute a breach or default by any party under the Agreement, or (b) 50527364;3 Page 417 of 1743 give rise to a right of termination of the Agreement by any party, or (c) give rise to any claim of reverter or right of first refusal by BBCRA. 7. There are no amounts currently due and payable under the Agreement. 8. There is no outstanding construction, maintenance or repair obligation required to be completed by any party under the Agreement, which is past due. 9. The BBCRA and Borrower understand that Lender is relying on the statements contained herein as an inducement to making its decision to make the Loan to Borrower and but for the statements made herein Lender would not make the Loan. The BBCRA and Borrower shall be estopped from denying the accuracy of any statement made herein and shall not be entitled to make any claim against Lender or the Property, which is inconsistent with the terms of this Estoppel Certificate. Lender, together with its successors and assigns, is entitled to act in reliance upon the matters herein contained without further inquiry of any kind, it being expressly acknowledged and agreed that in the event of any inconsistencies between this Estoppel Certificate and the Agreement, the terms of this Estoppel Certificate shall govern. 10. Each of the individuals executing this Estoppel Certificate on behalf of the BBCRA and Borrower, respectively, represents and warrants that he or she is duly authorized to execute and deliver this Estoppel Certificate on behalf of such entity. 11. This Estoppel Certificate shall inure to the benefit of Lender and its respective successors and assigns and shall be binding on the BBCRA and Borrower and their respective successors and assigns. Except as otherwise set forth herein, this Estoppel Certificate shall not be deemed to alter or modify any of the terms and conditions of the Agreement. 12. This Estoppel Certificate may be executed in any number of identical counterparts, any or all of which may contain the signature of fewer than all of the parties but all of which will be taken together as a single instrument. Counterparts to this Estoppel Certificate may be executed and delivered by facsimile or electronic transmission (i.e., pdf format), and for purposes of this Estoppel Certificate, signatures transmitted by facsimile or electronic transmission will be deemed to be original signatures. [Signature Page Attached.] 2 4826-8895-8355v.1 50527364;3 Page 418 of 1743 BBCRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Title: Acknowledged and Agreed to by: ASSIGNOR: OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company By: Ocean Breeze Manager LLC, a Florida limited liability company, its manager By: Lewis V. Swezy, Manager 50527364;3 Page 419 of 1743 PROMISSORY NOTE AND LOAN AGREEMENT Folio Number and Property Address: See Exhibit"A": Date: Amount: $567,500.00 FOR VALUE RECEIVED,the undersigned,hereinafter referred to as`Borrower,"promises to pay to the order of THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter referred to as "Lender", or its successors, the sum Five Hundred Sixty-Seven Thousand Five Hundred and NO/100 Dollars ($567,500.00) (the "Loan Sum")to the extent such amount has been disbursed by Lender to Borrower. LOAN AGREEMENT: Lender shall loan to Borrower on or after the date hereof,the Loan Sum in one or more draws upon written request of Borrower for the purpose of developing and constructing a 123 unit multifamily apartment complex to be owned,used and operated as low income housing under IRC Section 42 (the "Project"). Such request shall be accompanied by a draw request approved by the first mortgage construction lender showing the specific uses of the requested draw from the Lender for hard and soft costs of the Project and also showing disbursement of first mortgage loan proceeds to the Borrower. Borrower shall not use the Loan Sum proceeds for any purpose other than the hard and soft costs associated with the Proj ect. Subject to the foregoing,the funding will occur upon commencement or during construction,but no later than twelve (12)months after the date of closing. LOAN PAYMENT: Borrower shall promptly pay the principal of the indebtedness evidenced by this Note,and all other charges and indebtedness provided herein and in that certain Mortgage to be entered into on date even herewith and recorded in the Public Records of Palm Beach County,Florida(the "Mortgage"),at the times and in the manner provided in this Note and in the Mortgage. The interest rate on the loan shall be zero percent(0%)interest. Payment of any principal shall be due in full on the twentieth annual anniversary of the date hereof (hereinafter referred to as the"Loan Term"). This Note may be forgiven any time after the end of the Compliance Period (as defined in the Borrower's Amended and Restated Operating Agreement) in the sole and absolute discretion of the Lender. Loan payment hereunder is secured by the terms of that certain Mortgage by and between Borrower and Lender dated of even date herewith(the "Mortgage"). DEFAULT & ACCELERATION: Lender shall have the optional right to declare the amount of the total unpaid balance hereof to be due and forthwith payable in advance of the maturity date of any sum due or installment, as fixed herein, after notice has been given in accordance with the terms and conditions in the Mortgage securing this Note, upon the occurrence of any event or failure to perform in accordance with any of the terms and conditions in the Mortgage or this Note. Notwithstanding anything herein to the contrary, Borrower's investor member shall have the right, but not the obligation,to cure a default hereunder within the same cure period as Borrower. ESTOPPEL/WAIVER: Failure of Lender to declare a default shall not constitute a waiver of such default.Upon default,this Note will accrue interest at the highest rate permissible under applicable law,or,if this Note be reduced to judgment,such judgment should bear interest at the highest rate permissible under applicable law. Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 1 4824-5364-0361 v.8 Page 420 of 1743 PREPAYMENT: Borrower reserves the right to prepay at any time all or part of the principal amount of this Note without the payment of penalties or premiums. All payments of this Note, prior to default, shall be first applied to reduce the principal amount of this Note and second to the payment of interest,if any. COLLECTION COSTS: If suit is instituted by Lender to recover this Note,Borrower agree(s)to pay all reasonable out of pocket costs of such collection including reasonable attorney's fees and court costs. PARTIES:The words`Borrower"and"Lender"in this Note shall be construed to include the respective heirs,personal representatives, successors,and assigns of the Borrower and the Lender. CONSTRUCTION AND VENUE: Each parry covenants and agrees that any and all legal actions arising out of or connected with this Note shall be instituted in the state courts located in and for Palm Beach County,Florida, as the exclusive forums and venues for any such action, subject to any right of either party to removal from state court to federal court,which is hereby reserved,and each parry further covenants and agrees that it will not institute any action in any other forum or venue and hereby consents to immediate dismissal or transfer of any such action instituted in any other forum or venue. This Note is entered into within, and with reference to the internal laws of, the State of Florida, and shall be governed, construed and applied in accordance with the internal laws (excluding conflicts of law)of the State of Florida. NONRECOURSE: The nonrecourse terms of the Mortgage are incorporated herein by reference and shall survive regardless of whether the mortgage is satisfied or amended. THIS NOTE ARISES OUT OF OR IS GIVEN TO SECURE THE REPAYMENT OF A LOAN ISSUED IN CONNECTION WITH THE FINANCING OF AFFORDABLE HOUSING AND IS EXEMPT FROM DOCUMENTARY AND INTANGIBLE TAXES PURSUANT TO SECTION 420.513(1), FLORIDA STATUTES. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 2 4824-5364-0361 v.8 Page 421 of 1743 IN WITNESS WHEREOF, this Note has been duly executed by Borrower as of the day and year first written above. OCEAN BREEZE EAST APARTMENTS LLC,a Florida limited liability company Witness Signature By: Ocean Breeze Manager LLC, a Florida Name printed or typed limited liability company,its manager By: Witness Signature Lewis V. Swezy,Manager Name printed or typed STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2019,by Lewis V. Swezy, as manager of Ocean Breeze Manager LLC, a Florida limited liability company,the manager of Ocean Breeze East Apartments LLC,a Florida limited liability company,who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Notary Public, State of Florida at Large Notary: Print or Type Name My Commission Expires Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 3 4824-5364-0361 v.8 Page 422 of 1743 IN WITNESS WHEREOF,this Note has been duly executed by Lender as of the day and year first written above. THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida Witness Signature By: Name printed or typed Name: Title: Witness Signature Name printed or typed STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2019,by as of the who is personally known to me or who has produced as identification. Witness my hand and official seal the date aforesaid, Notary Public, State of Florida at Large Notary: Print or Type Name My Commission Expires Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze 4 4824-5364-0361 v.8 Page 423 of 1743 PROMISSORY NOTE AND LOAN AGREEMENT Ocean Breeze East Apartments Exhibit "A" Legal Description The land referred to herein below is situated in the County of Palm Beach, State of Florida, and described as follows: Lots 3 through 12 inclusive, in Block 1, AND Lots 1 and 2, in Block 1, LESS all that portion of Lots 1 and 2 lying West of the East right-of-way line for Seacrest Boulevard as shown on Road Plat Book 5, at Page 182 AND LESS a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES, according to the plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida. AND The South 1/2 of the East 1/2 of Lot 2 of Subdivision of the West 1/2 of the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; LESS the parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642, and LESS the right-of-way for Seacrest Boulevard, as shown on Road Plat Book 5, at Page 182, according to the plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. End of Exhibit"A" Promissory Note and Loan Agreement(City of Boynton Beach)—Ocean Breeze $ 4824-5364-0361 v.8 Page 424 of 1743 Prepared By/Return To: Carol S. Faber, Esq. Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street, Suite 1100 Miami, Florida 33131 SUBORDINATION AGREEMENT 2019 To: TD BANK, N.A., a national banking association ("Lender") 21845 Powerline Road, Second Floor Boca Raton, Florida 33433 Attention: Mario Facella To induce the Lender to make available and continue, a credit facility to and for the benefit of OCEAN BREEZE EAST APARTMENTS LLC, a Florida limited liability company ("Borrower"), pursuant to the terms of that certain Construction Loan Agreement between Borrower and Lender dated on or about the date hereof (as same may hereafter be amended, supplemented, replaced or restated from time to time, collectively referred to as the "Loan Agreement"), the undersigned hereby agrees as follows: 1. The payment of any and all Subordinated Debt (as defined below) is expressly subordinated to the Senior Debt (as defined below) to the extent and in the manner set forth in this Subordination Agreement. The term "Subordinated Debt" means all indebtedness, liabilities, and obligations of Borrower, now existing or hereafter arising, to the undersigned, including, but not limited to: (i) the indebtedness of Borrower payable to the order of the undersigned pursuant to that certain Promissory Note and Loan Agreement dated on or about the date hereof in the original principal amount of $567,500.00 and (ii) any and all other obligations owing by the Borrower now or hereafter to the undersigned. The term "Senior Debt" means any and all Indebtedness (as defined in the Senior Mortgage, as such term is defined below) of Borrower to Lender under the Loan Agreement including without limitation interest accruing after the commencement of any bankruptcy, insolvency or similar proceeding with respect to Borrower, whether or not a claim for such post-commencement interest is allowed. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the Loan Agreement or the Senior Mortgage, as applicable. 2. Until the Senior Debt is indefeasibly paid in full and any commitment to make advances under the Loan Agreement has terminated, Borrower shall not pay, and 01-25-2019 50474345;2 Page 425 of 1743 undersigned shall not accept, any payments of any kind (including prepayments) associated with the Subordinated Debt. 3. Any payments on the Subordinated Debt received by the undersigned shall be held in trust for Lender and the undersigned will forthwith turn over any such payments in the form received, properly endorsed, to Lender to be applied to the Senior Debt as determined by Lender. 4. a. Repayment of the Senior Debt is secured by that certain Construction Loan Mortgage, Security Agreement, and Fixture Filing (the "Senior Mortgage") given by Borrower in favor of Lender, dated on or about the date hereof, and to be recorded in the Official Public Records of Palm Beach County, Florida (the "Records"), which Senior Mortgage encumbers Borrower's real property located at North Seacrest Boulevard and Northeast 7th Avenue, Boynton Beach, Florida, as more fully described in Exhibit "A" attached hereto ("Mortgaged Property") and by Borrower's personal property described in the Loan Documents (together with the Mortgaged Property, collectively, "Senior Collateral"). b. Repayment of the Subordinated Debt is secured by that certain Mortgage (the "Junior Mortgage") given by Borrower in favor of the undersigned, dated on or about the date hereof, and previously recorded or to be recorded in the Records prior to the recordation of the Senior Mortgage, which Mortgage encumbers certain of Borrower's property ("Junior Collateral"). The undersigned covenants and agrees that it shall not take or accept any additional liens or security interests in any property of Borrower, whether now owned or hereafter acquired, as security for the Subordinated Debt, other than the liens on the Junior Collateral existing on the date hereof. C. The undersigned agrees, for Lender's benefit, that, notwithstanding anything to the contrary contained in any mortgage, pledge, assignment or security agreement between Borrower and undersigned, Lender's security interests, liens, mortgages or any other security arrangements with respect to the Senior Collateral (including the lien with respect to the Mortgaged Property), together with any insurance proceeds, condemnation awards and foreclosure proceeds, are senior and prior in operation and effect to any security interests, liens, mortgages, or other security arrangements of undersigned with respect to the Junior Collateral. d. The priority of liens and security interests set forth in this Section 4 shall apply and control, irrespective of (i) any statement to the contrary in any mortgage, pledge, assignment or security agreement evidencing, creating or perfecting the lien in the Junior Collateral, or in any agreement or other document executed and delivered by any party hereto or any affiliate thereof; (ii) the time, order or method of attachment or perfection of security interests or the perfection of security interests or recordation of liens; (iii) the time or order of recording of mortgages or filings of financing statements or any other recordings of filings; or (iv) the giving of, or failure to give, notice of the acquisition or expected acquisition of purchase money or other security interests. 01-25-2019 2 50474345;2 Page 426 of 1743 e. Until such time as the Senior Debt shall have been indefeasibly paid in full and any commitment to make advances under the Loan Agreement has terminated, the undersigned shall not take any action to foreclose, enforce or realize upon the Junior Collateral or exercise any right or remedy to enforce or collect the Junior Collateral. f. In the event Lender shall release, for purposes of restoration of all or any part of the improvements located at the Mortgaged Property, its right, title and interest in and to the proceeds under the policies of insurance thereon, and/or Lender's right, title and interest in and to any awards, or Lender's right, title and interest in and to other compensation made for any damages, losses or compensation for other rights by reason of a taking in eminent domain, the undersigned shall release for such purpose all of the undersigned's right, title and interest, if any, in and to all such insurance proceeds, awards or compensation, and the undersigned agrees that the balance of such proceeds remaining shall be applied to the reduction of the Senior Debt, and if Lender holds such proceeds, awards or compensation and/or monitor the disbursement thereof, the undersigned agrees that Lender shall also hold and monitor the disbursement of such proceeds, awards and compensation to which the undersigned is entitled. Nothing contained in this Subordination Agreement shall be deemed to require Lender to act for, or on behalf of, the undersigned, or to hold or monitor any proceeds, awards, or compensation in trust for or on behalf of the undersigned, in any way whatsoever, and all or any of such sums so held or monitored may be commingled with any of Lender's funds. g. The undersigned hereby waives any equitable right the undersigned may have in respect of marshaling, in connection with any release of all or any portion of the Senior Collateral by Lender from the lien of the Loan Documents, to require the separate sale of any portion of the Senior Collateral, or to require Lender to exhaust its remedies against any portion of the Senior Collateral, or any combination of any portion of the Senior Collateral, or to require Lender to proceed against any portion of the Senior Collateral, or any combination of any portion of the Senior Collateral, before proceeding against any other portion of the Senior Collateral, and further, in the event of foreclosure, or other enforcement proceeding by Lender, the undersigned hereby expressly consents and authorizes, at Lender's option, the sale, either separately or together, of all or any portion of the Mortgaged Property. h. Notwithstanding anything to the contrary contained herein, the undersigned agrees that, in the event that any Senior Collateral or other property of Borrower that is subject to the security interests, liens, mortgages or other security arrangements with respect to the Junior Collateral is sold, transferred, conveyed or otherwise disposed of (i) as permitted under the Loan Agreement or the other Loan Documents (including the exercise of Lender's rights and remedies thereunder or under any other Loan Document) or (ii) with respect to any sale, transfer, conveyance or other disposition to a party other than a beneficial owner of Borrower for a commercially reasonable price (as determined by Lender) in light of the circumstances at the time, that is otherwise consented to by Lender and Borrower, the undersigned shall release 01-25-2019 3 50474345;2 Page 427 of 1743 all rights to and interests in such property, and such property shall be transferred free and clear of all liens and security interests in favor of the undersigned; provided that if an event of default has occurred and is continuing with respect to the Subordinated Debt, undersigned's security interest shall continue with respect to the proceeds of any Junior Collateral sold, transferred, conveyed or disposed to the extent that such proceeds exceed the amount of the Senior Debt. The undersigned shall execute such termination and release documents as Lender may reasonably request to effectuate the terms hereof and hereby irrevocably appoints Lender (coupled with an interest) as undersigned's attorney in fact to execute such termination and release documents. 5. The undersigned agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to Lender or Lender's actions with respect to Lender's handling or liquidation of the Senior Collateral under and in connection with the Loan Agreement or any of the other Loan Documents, or any amendment, extension, replacement thereof or related agreement between Lender and Borrower. 6. The undersigned will not commence any action or proceeding of any kind against Borrower to recover all or any part of the Subordinated Debt not paid when due, and shall at no time join with any creditor, in bringing any proceeding against Borrower under any liquidation, conservatorship, bankruptcy, reorganization, rearrangement, or other insolvency law now or hereafter existing, unless and until the Senior Debt shall be indefeasibly paid in full and any commitment to make advances under the Loan Agreement has terminated. Subject to the foregoing, the undersigned may accelerate the amount of the Subordinated Debt upon the occurrence of (i) the acceleration of the Senior Debt; and (ii) the filing of a petition by Borrower under 11 U.S.C. §101 et seq., as the same may be amended from time to time. 7. In the event of any liquidation, conservatorship, bankruptcy, reorganization, rearrangement, or other insolvency proceeding of Borrower, the undersigned will at Lender's request file any claims, proofs of claim, or other instruments of similar character necessary to enforce the obligations of Borrower in respect of the Subordinated Debt and will hold in trust for Lender and pay over to Lender in the same form received, to be applied on the Senior Debt as determined by Lender, any and all money, dividends or other assets received in any such proceedings on account of the Subordinated Debt, unless and until the Senior Debt shall be indefeasibly paid in full (and any commitment to make advances under the Loan Agreement has terminated), including without limitation interest accruing after the commencement of any bankruptcy, insolvency or similar proceeding with respect to Borrower, whether or not a claim for such post-commencement interest is allowed. Lender may, as attorney-in-fact for the undersigned, take such action on behalf of the undersigned and the undersigned hereby appoints Lender as attorney-in-fact for the undersigned to demand, sue for, collect, and receive any and all such money, dividends or other assets and give acquittance therefore and to file any claim, proof of claim or other instrument of similar character and to take such other proceedings in Lender's 01-25-2019 4 50474345;2 Page 428 of 1743 name or in the name of the undersigned, as Lender may deem necessary or advisable for the enforcement of this Subordination Agreement. The undersigned will execute and deliver to Lender such other and further powers of attorney or other instruments as Lender reasonably may request in order to accomplish the foregoing. 8. Lender may at any time and from time to time, without the consent of or notice to the undersigned, without incurring responsibility to the undersigned and without impairing or releasing any of Lender's rights, or any of the obligations of the undersigned hereunder: a. Change the amount, manner, place or terms of payment or change or extend the time of payment of or renew or alter the Senior Debt (including increasing the principal amount thereof), or any part thereof, or amend, supplement or replace the Loan Agreement and/or any other Loan Document in any manner or enter into or amend, supplement or replace in any manner any other agreement relating to the Senior Debt; b. Sell, exchange, release or otherwise deal with all or any part of the Senior Collateral securing the Senior Debt or any part thereof; C. Release anyone liable in any manner for the payment or collection of the Senior Debt; d. Exercise or refrain from exercising any rights against Borrower or others (including the undersigned); and e. Apply sums paid by any party to the Senior Debt in any order or manner as determined by Lender. 9. The undersigned will advise each future holder of all or any part of the Subordinated Debt that the Subordinated Debt is subordinated to the Senior Debt in the manner and to the extent provided herein. The undersigned represents that no part of the Subordinated Debt or any instrument evidencing the same has been transferred or assigned and the undersigned will not transfer or assign, except to Lender, any part of the Subordinated Debt while any Senior Debt remains outstanding, unless such transfer or assignment is made expressly subject to this Subordination Agreement. Upon Lender's request, the undersigned will in the case of any Subordinated Debt which is not evidenced by any instrument cause the same to be evidenced by an appropriate instrument or instruments, and place thereon and on any and all instruments evidencing the Subordinated Debt a legend in such form as Lender may determine to the effect that the indebtedness evidenced thereby is subordinated and subject to the prior payment in full of all Senior Debt pursuant to this Subordination Agreement, as well as deliver all such instruments to Lender. 10. The undersigned hereby agrees, but only as a separate and independent covenant of the undersigned and not as a condition to the continued effectiveness of the 01-25-2019 5 50474345;2 Page 429 of 1743 covenants or agreements of the Borrower and the Lender, to give prompt written notice to the Lender of any default of the Borrower under the Subordinated Debt and the undersigned hereby grants to the Lender the right, but without the obligation, to cure any default of the Borrower within thirty (30) days after the receipt of written notice by the Lender of the Borrower's failure to do so; provided, however, except as to any default capable of being cured by the payment of money, said thirty (30) day period shall be extended so long as within said thirty (30) days the Lender has commenced to cure and is proceeding with due diligence to cure said default. 11. This Subordination Agreement contains the entire agreement between the parties regarding the subject matter hereof and may be amended, supplemented or modified only by written instrument executed by Lender and the undersigned. This Subordination Agreement, and the rights of Lender hereunder shall terminate upon indefeasible payment in full of all Senior Debt and the termination of Lender's commitment to make advances under the Loan. 12. The undersigned represents and warrants that neither the execution or delivery of this Subordination Agreement nor fulfillment of nor compliance with the terms and provisions hereof will conflict with, or result in a breach of the terms, conditions, or provisions of or constitute a default under any agreement or instrument to which the undersigned or any of the undersigned's assets is now subject. 13. Any notice of acceptance of this Subordination Agreement is hereby waived. 14. This Subordination Agreement may be assigned by Lender, in whole or in part in connection with any assignment or transfer of any portion of the Senior Debt. 15. This Subordination Agreement shall be binding upon the undersigned, and the undersigned's successors, representatives and assigns. 16. Borrower agrees that it will not make any payment on any of the Subordinated Debt, or take any other action in contravention of the provisions of this Subordination Agreement. 17. In the event that Lender or Borrower at any time terminate the financing arrangements with respect to the Senior Debt, then the provisions hereof shall inure to the benefit of any financial institution obtained by Borrower to provide replacement financing for Borrower and, in connection with such replacement financing, the undersigned shall, if requested by such replacement lender, execute with such replacement lender a subordination agreement substantially similar to this Subordination Agreement. 18. THIS SUBORDINATION AGREEMENT, AND ALL MATTERS ARISING OUT OF OR RELATING TO THIS SUBORDINATION AGREEMENT, AND ALL RELATED AGREEMENTS AND DOCUMENTS, SHALL BE GOVERNED BY AND 01-25-2019 6 50474345;2 Page 430 of 1743 CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA. THE PROVISIONS OF THIS SUBORDINATION AGREEMENT AND ALL OTHER AGREEMENTS AND DOCUMENTS REFERRED TO HEREIN ARE TO BE DEEMED SEVERABLE, AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION SHALL NOT AFFECT OR IMPAIR THE REMAINING PROVISIONS WHICH SHALL CONTINUE IN FULL FORCE AND EFFECT. 19. The undersigned hereby irrevocably consents to the non-exclusive jurisdiction of any Florida state or federal court sitting in Palm Beach County, Florida in any and all actions and proceedings whether arising hereunder or under any other agreement or undertaking. The undersigned waives any objection which undersigned may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. Undersigned irrevocably agrees to service of process by certified mail, return receipt requested to the address set forth on the signature page hereto. 20. THE UNDERSIGNED (AND LENDER BY ITS ACCEPTANCE HEREOF) HEREBY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A JURY TRIAL IN CONNECTION WITH ANY LITIGATION, PROCEEDING OR COUNTERCLAIM ARISING WITH RESPECT TO RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO OR UNDER THE LOAN DOCUMENTS OR WITH RESPECT TO ANY CLAIMS ARISING OUT OF ANY DISCUSSIONS, NEGOTIATIONS OR COMMUNICATIONS INVOLVING OR RELATED TO ANY PROPOSED RENEWAL, EXTENSION, AMENDMENT, MODIFICATION, RESTRUCTURE, FORBEARANCE, WORKOUT, OR ENFORCEMENT OF THE TRANSACTIONS CONTEMPLATED HEREUNDER OR UNDER THE LOAN DOCUMENTS. [SIGNATURE PAGES FOLLOW] 01-25-2019 7 50474345;2 Page 431 of 1743 WITNESS the due execution of this Subordination Agreement as a document under seal as of the date first written above. SUBORDINATING LENDER: THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida Witness Signature By: Name printed or typed Name- Title- Witness ame:Title:Witness Signature Address: Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20197 by , as of THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, on behalf of the political subdivision, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGES] 01-25-2019 8 50474345;2 Page 432 of 1743 LENDER: TD BANK, N.A., a national banking association Witness Signature By: Name printed or typed Name- Title- Witness ame:Title:Witness Signature Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20197 by , as of TD BANK, N.A., a national banking association, on behalf of the banking association, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGE] 01-25-2019 g 50474345;2 Page 433 of 1743 AGREED TO AND ACKNOWLEDGED, INTENDING TO BE LEGALLY BOUND: BORROWER: Ocean Breeze East Apartments LLC, a Florida limited liability company Witness Signature By: Ocean Breeze Manager LLC, a Florida limited liability company, its Name printed or typed manager Witness Signature By: Lewis V. Swezy, Manager Name printed or typed ACKNOWLEDGMENT STATE OF FLORIDA ) ss.: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20197 by Lewis V. Swezy, as Manager of Ocean Breeze Manager LLC, a Florida limited liability company, as Manager of Ocean Breeze East Apartments LLC, a Florida limited liability company, on behalf of the limited liability company, who is personally known to me or who produced as identification. Signature of Notary Public, State of Florida Print Name: My Commission Expires: (Notary Seal) 01-25-2019 10 50474345;2 Page 434 of 1743 Exhibit "A" (Legal Description of Mortgaged Property) 01-25-2019 11 50474345;2 Page 435 of 1743 6.R. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-133-Authorize the City Manager or Police Chief Michael Gregory to apply for, accept, and execute all grant documents, including the Grant Agreement, subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $50,000 in sub-grant funding for the 2019-20 funding cycle under the speed & aggressive driving priority area. The funding is allocated for overtime and the purchase of handheld speed measurement devices. Approval of this award will allow our agency to conduct enforcement operations in high frequency crash fatality locations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries that are related to speed & aggressive driving through enforcement and education. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct enforcement operations. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. FISCAL IMPACT: Non-budgeted No fiscal impact. ALTERNATIVES: Do not accept grant award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Page 436 of 1743 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing acceptance of FDOT Grant for speed & agressive dri\Ang Page 437 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR 5 POLICE CHIEF MICHAEL GREGORY TO APPLY FOR, 6 ACCEPT AND SIGN ALL DOCUMENTS, INCLUDING 7 GRANT AGREEMENT ASSOCIATED WITH THE 8 FLORIDA DEPARTMENT OF TRANSPORTATION 9 (FDOT) GRANT IN THE AMOUNT OF $50,000.00 FOR 10 THE BOYNTON BEACH SPEED AND AGGRESSIVE 11 DRIVING PRIORITY AREA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS,the Florida Department of Transportation(FDOT) State Safety Office has 16 selected the City of Boynton Beach to receive $50,000.00 in sub-grant funding for the 2019-20 17 funding cycle under the speed and aggressive driving priority area; and 18 WHEREAS, the funding is allocated for overtime and handheld speed measurement 19 devices; and 20 WHEREAS,upon recommendation of staff, the City Commission has determined that 21 it is in the best interests of the residents of the City to authorize the City Manager or Police 22 Chief Michael Gregory to sign all documents associated with the Florida Department of 23 Transportation (FDOT) grant in the amount of$50,000.00 for the Boynton Beach speed and 24 aggressive driving priority area. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\8RGLJJDT\FDOT_Speed_and_Agressive_Driving Grant (2019- 20)_-_Reso.docx Page 438 of 1743 31 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated 32 with the Florida Department of Transportation (FDOT) grant in the amount of$50,000.00 for 33 the Boynton Beach Speed and Aggressive Driving program, a copy of which is attached hereto 34 as Exhibit"A". 35 Section 3. 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 52 VOTE 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 C:AUsers\StanzioneT\AppData\Local\Microsoft\Windows\INetCacheAIE\8RGLJJDT\FDOT_Speed_and_Agressive_Driving Grant (2019- 20)_-_Reso.docx Page 439 of 1743 6.S. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-134- Authorize the City Manager to enter into an agreement with W.W. Grainger utilizing the City of Tuscon Contract# 192163 with Omnia Partners for the purchase of hardware and safety supplies for an estimated annual expenditure of $70,000. Omnia Partners procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Term: July 1, 2019 thru December 31, 2022 The City of Tucson, AZ Business Services Department, Shared Services- Procurement issued RFP #192163 on March 8, 2019, to establish a national cooperative contract for Maintenance Repair and Operations (MRO)Supplies, Parts, Equipment, Materials, and Related Services. The solicitation included cooperative purchasing language in the Introduction and Special Terms and Conditions Sections: "Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have registered with OMNIA Partners or entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract." OMNIA Partners, Public Sector is a purchasing organization for state and local government, K-12 education, colleges and universities. All contracts available have been competitively solicited and publicly awarded by a government entity serving as the lead agency while utilizing industry best practices and processes. The National IPA and US Communities are now under Omnia Partners. This approval will allow for the purchase of hardware and safety supplies. The supplies are necessary to provide safe working conditions and to supply the proper tools and equipment needed to perform various jobs. The contract allows for two (2) one (1) year renewals. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable City's staff to perform work properly and safely. FISCAL IMPACT: Budgeted Funds are budgeted and available in account 502-0000-141-01-00 for the estimated amount of$70,000. FY 16/17 expenditures were $61,008.71 FY 17/18 expenditures were $60,526.32 FY 18/19 expenditures were $60,547.75 ALTERNATIVES: Page 440 of 1743 To not approve utilizing the contract and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Contract D Addendum Award Letter D Addendum Price Sheet D Addendum Amendment Page 441 of 1743 Contract #192163 Maintenance R air and ' .0per- tion [ MRO) Supplies,, Pa rt Equipment M Graing"er 1 i 3 Table -of Contents 1. Gr in is Response to Intent to Negotiate ` . City's Request for Intent to Negotiate 3. rim's Response to RFP# 192163 4. RFP## 192163 Page 442 of 1743 i I F . Griner's Response to Intent to Negotiate 1 i Page 443 of 1743 T ..�.tl�... ., �,.,. .T -- ...._,................ GRAZHGER, 100 Grainger, Inc ��4 Grainger 1'srhWray I i r p.1w-,y,;A .1-$t-'Iy4k ;;i.A-4 R4,y-I•„+: Luke Fore-91,1L . Jenn Ayers, CPPB 00partr1}ent of Procurement 29-5 - Alameda, 6`L” Floor TJcso3n, AZ 86701 RE City of TUrsW RFP# "t '?1619 r Maintenance, Rep€iir or1f1 Qporatiorl6 (MRO) S upplies, Pam, Equipment, [Materials and Related SoNws— lotent to NnofiaM Dear els.Myers- VV-VV-- Grainger, Ino. respectfriIly Submits the folIowl rig items arid explanatlons in relationship to aur proposal submitted on 411112019 for RFP#192163. Please find the following response whore a request was triads for further fcillawRup, We appre4lete rhe opportunity to respond and negotiate with the fifty of Tocaon. if for my reason you or ONINlA partnors rands further clEOfrcation or Ixew any roncerris feel free to request add ltlonal irifermation. 2.The City does not aecopt the changes to Standard Terms and CondRiorl�;, Paragmph 2 1. Indemnification. Grainger accepts the original language for Indemnlfloaiion Standard Terms and Gonditloris, Paragraph i 21 and reirrovets any alteratioos. 3. 'rhe City requests a best arO final response to the pricing. Please ccrrrplete the attoohed price Page. { Vd,lrV. Grainger submits the following updates in our price offer. We stroNly fe¢ai this Prim offer togett7�r with the nevAy revised incentive pi-ogram. z;ervim offer, and ether programs proposed in the � RFP will deliver the best overall value in comparlson tri other's- If the proposed offer is aCcapted Gr�iinger would like to enter the City of Tucson into the newly created plus prograrn which offers � addiIiorial pricInU ben ef It5 specific to the 0 ity's rloeds. � I Grainger has srabrnitl6d the requested Prics F'age (see attaGhed) 4. The City requests additional clarificotlon on the Functional Alternatives. In reviewing some of the items, it seems that the functionai alternative was higher prl d Sterns. or the sterns did not match fh,� request of what i,� belng replaced. Please provide additional inforrnation to clarify this. Per the req u i ro.Merits in the RFP, Graingees intent for the functional alternate items was to prrxVicte options and addifinpal breadth and depth for the City Tucson and National Mn�Mbefs. FQT-Borne iters}s submitted, thr.re is a differ€;rit ship paa quantity which will impact the SICU pack seri prig. Where there was not an exavt nintch, Grainger offered functional alternate items, or like items to the vequested market basket- For functional aItemata Rems, Grainger sUbmitted items where the product serves the same function as the exact rnatch, Knr:Nng custcrrrnrs rToy want additional options nationally vv8 Wanted t offer tYry broadest assortment possible. Grainger has re.-submitted new prUng far the City to pagc I of?. /2812019 Page 444 of 1743 GRAINGER, W.W.Grutik ur, like (00 Grahipr Parkway La Ke Forest, 11,60(jL15:5201 revie for sot'nr; of tyre alternate itr:r)E3. For itfim 3EB 48 aad alterrIate item 3EB49 Grainger raspaotfully * traM our Original submitted price a$ both items are Migible Mr our .01 procgrani on a case by casa basas biped ort custopner piper ccxrnrnRments. `Iris still allows the custorm0r to receiive ttxs .(}1i price for the exact P n 6 slteinale item with the purcof associated pGper products. 6, Orn nia Parm ers is unable to accept the following changes. a. Marketing and Sales Page 17 of 44 Section 8 b. Marketing and Sales Page 17 of 44 .lection 10 Both seotions above am a Part of the Master Int"Overnmental Cooperative Purc+trasinq Agrewnent with allows Participating Agencies to sign up with 01V1NIA Partners to use this contract. `r'hIs agreement is not between Gralngrar and CMNLA,Partners acrd vua� included as art exal-rple only, Grainger removes our previous ex%pkions for, a. Marketing and Sales Page 17 jai'44 Section 8 b_ Mp-rketing and Sales P�ige 17 of 44 Section 10 W.W. Grainger hop" you fired the subrr+ritted changes meet your needs to move furkher. Heuer, If for any reason the subrnitted changes do not meet your deaired state for this RFP please reach out to ria, Sirtcamly, Fon 'ce Sr. avernment Sales Manager W.W. Grainger Inc. I Page 7 of 2 5? 3Qi9 Page 445 of 1743 i t . City's Re-quest for Intent- to Negotiate I f Page 446 of 1743 May 21, 2019 Sera this dare vla email; ron,pricQC�grairkgont:otn Ron Price tis . Sr. Government Sales Manager W'.W. Grainger, Inc.. 100 Grainger Parki ay CITY OF ).'Ae Forest, IL 60045 R 'SON RE. ci(y oP'.l'u utt HFP#192163, Maintenance,Repair nud Operations (l4Uto) l3IJSINT. ,5 rlpplIes�, Pays,k,yuipment,Materials and Related Services—Tnten l to Negotiate SPRVTCES l lr,PARIM NT Dear Mr. Price: I The City of Tucson has completed tho evaluation ol`stlbtttimis rcceived in response to the subjeol z�olicitaGion, Based upon the recommendation of the oval uatioti oomn)ittco, the City is inviting i your-Firth to enter nego iations. Specii:ically,the City mgtlests the following, 1, The C by accepts the fullowlag terms and condltlons from your proposal: a_ wotion B.Produce RegLiirenients. Sectivon 3, Defective Product Yr. Section 13,Product Rog4urx;mnils, Section 3, Pricing c. Special Terms and Condltiom, Paragraph 8. Price Adjustment d. Standard Terms and Cond!(ioas, Faragraph 4l, 'rermination of Contract These c1-oiges fire all shown on tho Attached dootitneni,highlighted in bold. . Thi C:iiy does not accept the changes to StandardTerms and CondidotJs, Paragraph 21. i 1ndornnifii a&n. ] 3. 'rhw City rwtjucqts a bosl and fitud response to the pricing. Please eomplolc aio attached Price Page. 4. The City requests additional clar'i5ti at.ion on Tie Ewicfionrtl Alternatives. in rcviming some of the items, it smus that the functional aiLcrnaLive wit;higher priced iterns, or the. 1 items did not match tiie myocst of wNl is being repl-Lwv 1. Please provido additianai i information to olarify thl4. I v 5. Orruii'Lt Partners and the City accept the fol 1ow.ing,tormq and conditions: it. 2.1 CorporateCom mitme€rt b. 2.2 Pricing Gomm itment c. 2.3 Sales Com initment d. 3.3 Marketing and Sales 44A e. 3.3 Marketing foil Sales}14C C 3.3 1vlarkrting and Sales 414 g. 3.3 Marketirj, and Sales 44I h. 3.3 Marketing and Sales d4 i. 3.3 Marketing and Sales I4 j. 3.3 Marketing and Sales Raga 13 of 4.4 Section 14 k. 3.3 Marketing and Sales Page 13 of 44 Secti on 15 BUSINESS SLIWIC:LS DLPA1?:1'AiL-h'r SliREDSEIVIC;ES.,lite Ct'11Lt�iL,N-l. C[1'Y� I IA LL*255 fib`_A1,J41u11;D.A+1x.0- 110-X 27210+ TUCSON,AZ 85726-'7210 (520)?91-421?+ FAX(52[x)TA-x#735 r T1'Y{520)791-2fi3r} � 1AL,0rLprnPVEM(fl i l.(Aitri Page 447 of 1743 6. Omnia Partners is unable to accept:the following changes. a. Ma kedq,,and Sides Page 17 of 44 8coi ion 8 fir, Marlwftig and -Sales Page 17 of 44 Scoiion 10 Doth sections abovo ai,( a pmt of the Master lntcrgovornmcntal C00l}era[iVe Purchasing Agrocnscnt w!al&ljows PaAkipating Agencies to Sian uta with OM NIA Farmers to use this contract. This a rwctnont is noc between Grainger and WNTA Partnors and was included as qui example only, This N oace of Intent to Negotiate is not an it�ljml w sward a contract and does not cstAbIis,h el oonLraoival rc[adunsWp between the tirnn and the 0 Ly-attd OW11irt Partners. In the event that t.1a�City and Orn ni� Pargtcrs are riot able to negodate a satisfactory cmvu with the lino, the City wi Il tcrminatc ncgot:ia0ons, Please submit a written response Lo my attention via e-ayaaiI to Jonn,rnycrs tucsana:c. uv on orhefnrc Friday, May 31, 2019 at 12:O0 P-M. Please contact me via e-mail or at(520) 837-4137 with questions regarding the items above :Sinc�rel}�, I Tenn Myers,ClIP13 Principal Contract Officer Cc. Tonwk Kivszcc, Oninia Partneri tc�tnek,ka�as�ec u w�liu>iia�ae�nc�_�t�4�m. 1 i 'r I i BI;SLNL,_"SERVICES DRPARTMRNT ,SILUZED SERVICELS—PI10C.IjREMENT Cl'l'YIi1U_[,+ 255 W_A[,AMF%T]A •P,O.BOX 27210•TUCSON,AZ 85726-7211) (5 20)791-4217+ I+AX(520)791-4735•TTY(520)791-2639 t4wv wo_t��cson��c�urc:mcu#.com Page 448 of 1743 B. PRODUCT REQUIREMENTS: 1. PRODUCTS: A complete and oomprehensive lire of quality made I IRO supplies to support the daily maintenance. repair and operations functions of the agency. The categories include but are not limited to the fallowing. a. Motors and Power Transmission- General, Definite Purpose and HVAC motors, gear motors, bearings, V-belts and accessories. b. Electrical Supplies— Disidbution, controls, wire, cable, voice & data and supplies. c. Lighting — Lamps, ballasts, fixtures, task lighting, flashlights and batteries. r i d. Tools— Hand, power, outdoor and automotive tools and tool storage. e. Measuring Tools & Test Instruments — Calipers, gauges, inspection, micrometers and multimeters. f. Pneumatic — Pneumatic tools and systsm cemponents, air compressors and hydraulics. g. Machining and Cutting Tools — Drill bits, taps, dies, blades, counterbores, countersinks and abrasives. I h. Material Handling, Storage and Packaging — Ladders, hoists, shelving, storage, furniture, packaging, casters, cart, trucks and drums. L'Welding —Welding equipment and supplies. 333; j. Fasteners and Adhesives — Nuts, bolts, washers, screws, hooks, flat stock, raw materials (metal, rubber, plastic), glue and cement. k. Lubricants, Sealants and Paint - Grease, oil, penetrates sealants, caulk and paint. i i i I. Safety and Security Supplies -- Spill containment, storage, fire protection, person protective equipment, instrumentations signs, labels, tags and security m. Meaning Equipment and Supplies — Chemicals, equipment, restroom, paper, waste containers, cleaning. n, HVAC Supplies — Controls, heaters, air conditioning, air treatment, fans, ventilators and blowers. o. Pumps and Plumbing — Submersible, centrifugal, water system and positive displacement pumps, pipe, valves, fittings, heaters, coolers, filtration and faucets. p. Emergency Preparedness— Sandbags, first-aid supplies, disaster recovery products etc. q. Other Categories Page 449 of 1743 . CURRENT PRODUCTS: AI[ products being offered in response to this sol[citation shall be in current and ongoing production; shall be formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation. 3. DEFECTIVE PRODUCT. All defective produots shall be replaced and exchanged by the Contractor_ The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification or a mutually agreed upon timeframe. 4. PRIDING: Market Basket products Prices and base category contract discounts l shall remain firm and will include all charges that may be incurred in fulfilling requirement(s) for the twelve-month period following contract award. For Catalog Products, Contractor will no longer compute percentage-off discounts from the Contractor "list" price previously set fortis on Contract's Website, Contractor's l Catalog or any other electronic or published media. All percentage-off discounts for Catalog Products shall be deducted from Contract Reference Price ("CR.P")in effect at the time the Catalog Product is purchased by member from Contract. Current Contract Reference Prices for Catalog Products shall be available when the member logs into its account on Contractor's Website. 5. SALES PROMOTIONS: in addition to decreasing pr[ces for the ba[ance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. i i i Page 450 of 1743 SPECIAL TERMS AND CONDITIONS COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have registered with OMNIA Partners or entered into a Cooperative Purchasing Agreament with the City of Tucson's Department of Procurement aro eligible to participate in any subsequent Contract. See httP; l m.tucsonp%c� urrtent, ern coop artrrers.asp and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative, See h[tVF IWu+ .rriesaaz.+ggv�home/showdocument?id=23638 for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Cantractogs) will be requested by each participating agency. Payment for purchases made ander this agreement will ba the sole responsibility of each participating agency. The Contraot,or may negotlate additional expenses incurred as a result of participating agencies: usage of this contract (i.e., freight charges, travel related expenses, etc,), The City shall not be responsible for any disputes arising out of transactions made by others. The Corntractor s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notloe of Intent to Award. At the Dig's request, the suocessful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. 2, FEDERAL, STATE AND LOCAL TAXES, LICENSE$ AND PERMITS: The Supplier shall comp lyvAth all Federal, State, and local licenses and permits required for the operation of the business conducted by the Supplier as applicable to this Contract. The Supplier shallat no expense to the City, OI NIA Partners, or other Participating Public Agencies, procure and keep in foroe during the entire period of the Agreement all such permits and licenses. i 3. SUBCONTRACTORS: No subcontract shall be made by the contractor with any other party for fumishing any of the services herein contracted for without the advance written approval of the Departrnerrt of Procumment. All suboontra tors shall comply with Federal and State laws and regulations that are applicable to the services covered by the subcontractor and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. Contractor is responsible for contract performance whether or not subcontractors are used. 4. FOR DESTINATION FREIGHT PREPAID: Prices shall be FCB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection. 5. PAYMENTS: All payments made by the City of Tucson for goods or services will be made to the vendor named on the Offer and Acceptance Porro. If you do not wish payment to be made to that address, you must submit an attached sheat indicating the proper mailing address with this bid. Page 451 of 1743 6. RIGH' TO TERMINATE FOR CHANGE 1N OWNERSHIP OR MATERIAL RESTRUCTURE OF TELECONTRACTOR: In addition to the Termination of Contract clause in the Standard Terms and Conditions section of this solicitation and resulting contract, the City reserves the right to cancel the whole or park of this contract within 60 days written notice of the cornpistlen of any material change of ownership in the CorntractoCs company, including its sake, merger, consolkdation or dissolution_ 7. TERM AND RENEWAL: The terra of the Contract shall commence upon award and shall remain in effect for a period of three (3) gears, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for two ( ) additional ane-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exoeptien.of price and minor scope additions and/or deletions, 8. PRICE ADJUSTMENT: The City will review full} documented requests for Market Basket product price adjustment at the end of the Contract's first year. Subsequent fully documented requests for price adjustment for Market Basket products may be made at the end of each Contract year that the Contract is in effect. Price adjustments may be a consideration in the continuance and/or renewal of the contract. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City, I 9. IN S URANGE. The Contractor agrees to: � A, Obtain insurance-coverage of the types and.amount required in this section and keep such insurance coverage in force throughout the life of this contract. All policies will contain an endorsement providing that written notice be given to the City at least 30 days prior to termination or canceltatiort in coverage in any policy, and 10 days notice for cancellation due to non-payment in premium. B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance poficies will include the City as an additional insured with respect to liability arising out of the performance of this contract. Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those Ifmits of liability are in excess of those required by this Contract. The insurance hereunder will be primary and that any insurance carried by the City will be excess and not contributing. C. Provide and maintain minimum insurance limits as applicable; COVERAGE LIMITS OF LIABILITY 7I: Cq :irierda.l General.�Iabilit�y.: Policy shall include Bodily injury, Property [damage, Personal Injury i and Broad Form Contractual Liability Each Occurrence $1,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate ; $2,000,000 Personal and Advertising Injury i 1,000,000 Blanket Contractual Liability $1,000,000 Page 452 of 1743 �I.:�;omrrler�c�al ,�►ial�orirxnbileLiabilii�r .. . Policy shall include Bodily Injury and Property Damage, for any owned. Hired, and/or Non-owned vehicles used in the operation, installatia and maintenance of facilities under this agreement. Dombined Single Limit _ $1,000,040 CII. �Nerk rs' Co ensatio . ( ppl.i akil # th WO,of kizon Per Occurrence Statutory Employer's Liability $1 ,400,000 Disease Each Employee $1,000,000 Disease PoI Icy.Urn it $1 ,400,o0o Sole r'roorietor/Independent Contractor designation i5 �iuen to those who desire to waive their rights for workors' cornpisnsatlon coverage and benefits as out:llned In ARS9 ?3 9 1, and speclflcally ARS § 23-961 lob, If appllcaale, pleasa request:the Sole I'roprlet:orllndependent C7ontractur form from the Contract officer listed in the 5411citcatlon. D. ADDITIONAL INSURANCE REQUIREMENTS: Policies shall be endorsed to include the following provisions: 1. A waiver of subrogation endorsement in favor of the City of Tucson, for losses arising from work performed by or on behalf of the Contractor (including Worker's Compensation). 2. The insurance afforded the contractor shall be primary insurance and that any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory. 3. Coverage provided by the Contractor shall not be limited to the liability assumed undder the indemnification provisions of this Contract. E. NOTICE OF COViERAGS MODIFICATIONS: Any changes material to compliance with this contract in the insurance policies above shall require 10 days written notice from the Contractor to the City of Tucson. Such notice shall be sent directly to the Department of Procurement. F. ACCEPTABILITY OF INSURERS. Contractors insurance shall have an "A.M. Eesti rating of not less than A:VII, The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. G. VERIFICATION OF COVERAGE: Contractor shall furnish the City of Tucson with certificates of insurance {ACORD form or equivalent approved by the Cit} of Tucson) as required by this Contract. The certificates for each insurance policy are to be signad by an authorized representative. All certificates and endorsements are to be received and approved by the City of Tucson before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work and remain in effect for the duration of the contract and two (2) gears after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City's request, is a material breach of contract. All certificates required by this Contract shall be sent directly to the Department of Procurement. Page 453 of 1743 The City of Tucson projectfoontract number and project description shall be noted on the certificate of insurance. The City of Tucson reserves the right to require complete copies of all insurance policies required by this Contract at any time. H. SUBCONTRACTORS: Contractors' certificates) shall inofude all subcontractors as insureds under its policies or Contractor shall furnish to the City of Tucson separate certificates and endorsements for each subcontractor. All coverages for subcontractors shaII be subject to the minimum requirements identified above. I. EXCEPTIONS: In the event the Contractor or sub-contractors) Ware a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self- Insurance i i I Page 454 of 1743 STANDARD TERMS AND CONDITIONS I. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Dlroctor of Procurement, 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. 12101, et seq.) anal applicable Federal regulations under the Act, 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the Mate of Arizona. State law claims shall be brought only in Pima County Superior Court, 6. ASSIGNMENT-DELEGATION; No right or Interest In this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Dir%eotor of Procurement. The City shall not unreasonably withhold approval and shall rietify the Contractor of the City's position by written notice. 6. CHILDISWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federa[ and State Child Labor and Worker's Right laws and agrees if calJed upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are In compliance. 7, CLEAN UP: The Cantractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the Ctty, upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition, S. COMMENCEMENT OF WORK: The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing. by the City_ 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and € controls that are acceptable to the City for the purpose of assuring that no informatlon contained in its records or obtained from the City or from others iii carving out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract_ Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of dirties ander the Contract, unless otherwise agreed to in %writing by the City. 10. CONTRACT AMENDMENTS:The Procurement Department has the sale authority to, A. Amend the contract or enter into Supplemental verbal or written agreements; B. Grant time extenslons or contract renewals; C. Otherwise modify the scope or#arms and provisions of the contract. This Contract shall only be modifed with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to perform:2nce. Any contract modification not explicitly approved by the Pfocurement Department through a wdtken contract amendment or change order is performed at th(� sole risk of the Contractor and may not be eligible for payment by the City. Page 455 of 1743 11. UGNTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Orfer submitted by the Contractof io response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal. The City reserves the right to clarify any contractual terms with the concurronr:e of the Contractor; however, any substantial non-conformity in the offer; as determined by the City'5 Director of Procurement. shall be deemed non-responsive afid the offer rejected. The Contract shall contaln. the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or mastor agreements in anyform, 12. DEFAULT IN ONE INSTALLMENT TO OONSTfTUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Dellvery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deomed a cause for possible Contract term ination, 13. DUPLE, EDIREOYOLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two- sided copies), printed on reoyded paper and labeled as such. 14. EQUAL PAIS: The Contractor shall comply with the applicable provisions of the Equal Pay Act of 1963 (Pub,L. 88-38. 9 U.S.C. section 206(4)); Title VII of the Civil Rights Act of 1964 (Pub-L. 68-352, 42 U.S.C. 2000e etseq.; and, the Lily Ledbettar Fair Pay Act of 2009 (Pu b,L. 111- ), 16. EXCLUSIVE POSSESSION. All services, Information, computer program elements, reports and other deliverables creatod under this Contract are the sole property of the City of Tucson and shall not be used or released by the Contractor or any other person except with prior written permisslon by the City. 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS, Contractor warrants that it complies with all Federal Immigration laws'and regulatlons that relate to its employees and complies with A.R.S. § 3-214(A) and that it requires the same compliance of all subcontractors under th Is Contract. Contractor acknowledges that pursuant to A.R_ . § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and Including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit, The Contractor shall Include the requfremonts of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 74(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.K.S. §23-214(A): the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such corn pliance at Einy time during the terra of this Contract by the Contractor and any subcontractor. 17. FORCE MQJEURE: Except for payment of sums due, neither party shall be Ilable to the other nor deemed in default under this Contract if and to the extent that such party's pertarmance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negllgence. Foroe Mafeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If elther party is delayed at any time in the progress of the work by Force Majeure, the delayed panty shall notify the other party in writing of such delay, as goon as is practical, of the oornmencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed cerfrffed-return receipt and shail make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shah! Page 456 of 1743 notify the other party in writing when it has dome so. The time of completion slhall be extendod by contract modification for a period of time equal to the time that results or effects of such delay prevorit the delayed party from performing in accordance with this Contract, 18. GRATUITIES: The City may, by written notice to the Corrtractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, me2ils or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with tespeot to the performing of such Contract. In the event this Contract is terminated by the City purruant to this provision, the City shall be entitled, In addition to any other rights and remedies, to recover or withhold from the Contractor the amount or the gratuity. 19. HUMAN RELATIONS: Contractor shell abide by the provisions of the Tucson City Code Chapter 28, Article XII. 0. INDEIVINIFIDATION; To the fullest extent permitted by law. Contractor, its successors, assigns and guarantors, shall pey, defend, Indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, sults, actions, cleims, including claims of patent or copyright infringement, damages, Iossas, expenses, including but not limited to, attorney fees, court oosts, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or � resulting from any actlons, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, sorvlces and/or products provided in the perforrnanoe of this Contract, including but ` not Ilmlted to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contracts and Subcontractor's amployeas. It is agreed that Contractor will be responsible for primary loss investigation, defat,nsa and Judgment costs where this indemnification is applicable_ The Contractors agrees to walve all rights of subrogation against the City of Tucson, it's agents, representatives, off3cer8, directors, officlals, employees and volunteers for losses arising from the work performed by the Ccritractor for the CIty of Tucson. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (ACA), for Its employees in accordance with 26 CFR §54. 4980H. Additionally, Contractor is responsible for all applinable IRS reporting requirements related to ACA_ If Contractor or any of Contractor's employees is cer€ifred to the City as haying received a premium tax credit or cost sharing reduction which contributes to or triggers an assessed penalty against the City, or Contractor fails to meat reporting requirements pursuant to sec#ion 6066 resulting in a penalty to City, Contractor indemnifies I City frorn aDd shall pay any assessed tax penalty+, i 21. INDEPENDENT CONTRACTOR: It is understood that eacll party shall act in its individual capacity I arid not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the ernployao or agent of the other party for any purpose, The Contractor shall not be entitled to compansatlon In the form of salaries. holidays, paid vacation, s€ck days, or penslon contrlbutlons by the City, The City of Tucson will not provide any insurance coverage to tho Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payrnents, and other withhold ings stlaII not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. ContraQtor is responsible for complian,oe with the Affordable Care Act for Contractor and any of Contractor's employees. 22, INSPECTION AND ACCEPTANCE: All material or service is subject to final Inspection and acceptance by the City. Material or service falling to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are Page 457 of 1743 the responsibiilty of the Contractor. Noncannplianco may be deemed a rause for possible Contract termination. 23. INTERPRETATION-PAROL EVIDENCE: This Contract is Intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade F>hatl be relevant to supploment or explain any term used In the Contraot. Acceptance or consent in the course of performance under this Contract shall not bo relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. 24. ISRAEL BOYCOTT DIVESTMENTS: Acceptance of the contract warrants that the vendor is in compliance with A.R.S. § 35-393 and does not participate In a boycott of Israel as that term is defined within A.R.S. § 35-393. 25. LICENSES: Contractor shall maintain in current status all Federal', State, and local licenses and permits required for the operation of the business canducted by the Contractor as applicable to this Contract, 26. LIENS, All materials, services, arrd other deliveraales supplJed to the City under this Contract shell be free of all liens other than the security interest, Security Interest shall extinguish upon full payment ; made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 27. NO REPLACEMENT OF DEFECTIVE TENDER: E=very tender of materials must fully comply with all provisians of this Contract. If a tender is made which does not fully comply, this shall aartiform to the termination dlause set forth within this document. 28. NON-EXCLUSIVE C0NTRA T: Any contract resulting from this sol lcltation shall be awarded with the understanding and agreement that it iq for the sole convenlence of the City of Tucson, The City reserves the right to obtain like goods or services from another source when necessary, s 29. OVERCHARGES BY ANTI]RUST VIOLATIONS. The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser_ Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 30, PAYMENT: The City's preferred method of payment is via credit card_ The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in goad order. However: riot all City employers will possess a credit card and, therefore, the City reserves the right to make payment by check as It deems necessary, Unless payment is made by credit card at time of order or point of sale, n separate invoice shall bo Issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The invoice shall not br dated prior to the receipt cf goods or completion of services. The City shall make every effort to process payment for the purchase of materials or services y+ithin twenty-one (21) calendar days after receipt of materials or services and a correct invoice, The Contractor's payment terms shall apply to all purchases and to all payment methods. 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings equipment, and vegetation (such as treas, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property: the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Page 458 of 1743 Procurement. If the Contractor fails or refuses to make such repair or replacement, the City V01i determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. . 32. PROVISIONS R.EQUIREO BY LAW: Each and even+ provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not Inserted, or is not correctly Inserted, then Ripon the applicat[on of either party the Contract shall be amended to male such Insertion or correction, 33. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable tirnes and places, audit the books and records of the Contractor and/or any subcontractors. Said audit shall. be limited to this Contract. 4. RIGHT TO ASSURANCE, Whenever one party to this Contract has reason to question, in good f'alth, the other parts intent to perform; the former party may demand that the other party give a wrtten assurance of this intent to perform_ In the event that a demand is made and no written assurance Is given within five {5} days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract terrninatlon. 35. RIGHT TO IN5PEGT:The Olty may, at reasonable times, and at the City's expense, Inspeot the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. I 36. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal sha[I be construed, expressly or by Implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either ; party to insist upon the strict performaiioe of any term or condition of the Contract, to exerc[se or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Cor7tract or by law shall not bo deemed a waiver of any right of either party to insist upon the strict performance of the Contract, 37. SEVERABILITY: The provisions of this Contract arra severable to the extent that any provision or applicat[on held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. 38. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 39. SUBCONTRACTS, No subcontract shall be entered into by the Contractor with any other party to furnish any of the materiallservice specified herein without the advance ATitten approval of the City's � Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms acid cond[t[ons set forth herein which shall apply with equal force to the suboantract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used, 40. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without panalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly Involved in initiating, negotiatirig, securing, drafting, or creating the Contract, on behalf of the City, Is or becomes, at any time while the Contract or any extension of the Contract is in effect. an employee of, or a contractor to, any other party to th[s Contract with respect to the subject matter of the Contract. Termination shall be eff�rst�ve when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later tirne, Page 459 of 1743 41, TERMINATION OF CONTRACT, This Contract may be terminated at any tirne by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City. at its converoienae, by vnitten notice, may terminate this Contract, in wholo or in part, if this Contract is terminated, the City shall be Jiable only for payment under the payment provisions of this Contract for services rendered and accepted msterial received by the City before the off octive date of term Ination_ The City resorves the right to term Iriate, following a written ton {10} buslnegg day notice to cure to the Contractor, the whole or any part of this ContraGt due to the failure of the Contractor to carry out any term or condition of the Contract. If the Contract fails to take appropriate action within the period to cure, the City will issue a vuritten notice of default to the Contractor for acting a failing Eo act as speGif led in any of the following: I In the opinion of the City, the Contractor provides personnel that do not rnoet the requirements of the Contract; In the opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or Servicesfspoclflcations required in this Contraot; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable duality, The Contractor fails to furnish the required service andlor product within the time stipulated In the Contract; a In the opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perforin to the requirements of the Contract. Each payrno'nt obligation of the City created by this Contract is conditioned upon fhe availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. ff funds are not allocated by the 01ty and avaii-ab le for tho continued purchase of the services and/or materials provided under this Contmet, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 42. TITLE AND RI K OF LOBS: The title and risk of lass of material or service shall nat pass to the City until the City actually receives the material or service at the point of deliver+, unless others+rise i provided within this Contract. 43. WARRANTIES: Contractor warrants that all material or service delivered under this Contract shall conform to the specifications of this Contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractar or the rights of the City under the foregoing warrantles. Additional warranty requirements may be set forth in this document. Page 460 of 1743 i 7 s 3. Grim' Response to RFP# 192163 3 Page 461 of 1743 CITY OF TUCSON BEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO, 182763 255 W. ALAMEDA, STH FLOOR,TLICSON,AZ 85701 PAGE 24 OF 25 PRINCIPAL CONTRACT OFrICERJENN MYERS, CPPB t PH, (620)837-413W f FAX: (520)791-4735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the rnatorial or service in compliance with all terms, soope of tiwork, oonditions, sp6cifications,and amerndrnents in the Request for Proposal which is incorporatBd by reference as if fully set forth hereln, For clarifioatlon of this offer, contact: WAV_(;rRjn2Cr, Inc. Name: Rnn Price Company Narne t I 1 I1 CUi'1illger Parl!<Wgy Title; Sr. Goveniinf,. Ps h0�ultf,g � Address I IL 6DQ45 Phone_ 979-224-.6794 Glt ;safe Zip i �-�-- Fax' ISA SIg4e of Person Authorized to Sign Roll Pricc, E-mail; Roa).Pricer r�airiger,coni Frinted Name i Sr.Go}eminent Sales anoger � Title 1 s ACCEPTANCE OF OFFER i x The Offer is hereby accepted, The Contractor is now bound to self the materials or services specthed in the t Contract, This Contract shaft be referred to as Contract No. k q-2 Gley CITY OF TUCSON, a municipal corporation i Approved as to form: Awarded_ f This _ day of 04 2-019 This � day of CV 2019 As n �Illy Attorney and not personiafly As Director of Business Services and not personally w Page 462 of 1743 GRAINGER f l fl11'� Executive Summary f On behalf of W.W. Gtr-Linger, Inc, it is a privilege to submit our response to the City of Tucson & 01VINTA P iIiiers Milia nance, Repirir & Operations (MRO), Supplies, farts. Ecluipi-nvnt, MaLerizIlq & l?.elatcd Sci -ices Request for Proposal -4 192.163, AVe, Y.alue the City- cf Tucson's and ONLNIA's etlduringy crnnmitnicat to ]coop citizens aad cmployeo� safe and facilities well- maillLained. id) this our In0K c01111)etitive offer tO da[e, we pledge tfle broadek and most comprelicasivc access Lo MIM product and services, tailored lbi� to day'% governmeiril's requirements while robust and flexible to he relevant in 5 ycarrs, Grainger servos Ell Public sector agcncic-s.' .41-nal 1, rnedhim and largo acro Ns tell 50 states and their political subdivisions, the District r)f Columbia. and US Territories. Dur breadth is re-fl ected in our $1.3 billion in US lilv'ellt n ', 1,7 million pt'odUcts, 14 Distribution Centers �, ith 16.5 million squ= root and 250 US branch locations, each carrying iwa ly Sl irdlion of iliventory. Tnvestwx ,mt hi sysU ms is driven by a focus that products are available and delivered when deeded. 5% of cuslo hers receive next day product delivciy; 99.6% of in-stock orders are shipped witliin 24 hours. This Iroad offeTing is promowd by opportunities for small businesses. s r Orain ger's distributes the most comprehensive. line of]{IRO products and se,Mcce catcgorieti and an}thing %-()related. Witllin each category, our 017etring is of substantial scale and breadth. We i coii'llietc cmphatict l ly with specializ�ed dkiibutors and manafkoturenq across all MRO market segments. We continually evaluLite products and seiwicos to remain reie-vant to our customers. Wl -, add products and quppliers daily; c,vcry 18 molit w.e add niovc than 300.M0 products. i Our invesmicnt tri Grainger 'Team meinbcrs and our TT and supply chair systems generate value added opportunities to our product and Nervice offerings, A seamless agreeaxient implcrnciltatiou plan is led by an c pcvjoiiced worlsfbmcc to supjcort legfiQy ,rneillbcrs and oast the oJ' I new n1cmbeic s. OLur cnnlrnitllle"t to slikainahility and green inifl loves is reflected in access to 114,0100 products and c pertise kiss istjng in dctcrrni11ing Lhe rigfA grcccn substitutc. .A centralized technical prod LicL support team w.ith in-dcpLh product expertise_ incl uding sourcing, provides, Lhe. Ci Ly of TuQ son and OVINIA rnern.bers access to skills, experience and insight across all pivduct fines and MRO vocfitions, including Police., Ffiv, EMS rind slc.illcd trados, Throughout Our oig11L years serving City. A' Tucson agencies and ONTN7A iiiembers kw have assisted govte-rnmeat agcneics &11'iilg critical oircumst nces, small and large, Foix Flinergency lsieparcdncss aced,, Grainger has an cxtonAve offering for pror oar , rind solutions. Caraingor i moil, a dedicated partner �,vho will dolivcr rho quickest response and reliability in omcrgcncies. Our prices and scrvicos relrnain as provided in the contract. Our experience under the current agi�eemerlt shapes much of how we structure offors in the public sector, As evident by its MR0 solicitation, Tucson and 0MINJA acquisition and operations personnel understand iiia Un4l cast of acquisition and the, rnieaningful ways to reduce- and control casts. Acknawledgiilg that cost is much more, than product price, caur()ffel• Provides mcanin gful opportunity to reduce casts gild save tinge. Grain er's innovation in c-commeroe and digital solutions are. driven by govcrnmenL ageiw-y embracc of"ad�,aliced terJiuology efficicneia�i.Dur e-corninerac and digiLal platforms are castor tc) search, navigate, check out and access transactional data than when the current agivement was Page 463 of 1743 G+ I'G 7� MI reviewed. Our contract cof'f'er providcs a role ant e,comincrcc incentive progrrtjm c1labling f agelicies to taco advantage ofadvajiecd Lechnology. Our technical competency assists agcmc*- operations and audit l,etipamsibifities via moi-e accessible hivoice mid spend hiforIlU16011, ""'C prUklio duality KIKO product and serviees at competitive prices 1,�,hilo being a 1r)eaningfuI resource to drive agcncy productivity and intcgdty strictures. Grainger to un mcmbor expertise- and 0xperic1lGe, teclnical innovation, linan6:11 srrmligth, avid track rccorcl con tri hLLLeS to MiAOII cJ'lectivell egq �1 n efficicncy. Gra iltgcr's pricing offer is our broadest and most conlPciiLive proposal, It is available natio}nwide and ancompasscs all cateijorie�i, It presents oxtemive availability of oxact inaw+ 1znarkct basket items and accosts to rainger's extensive catalog at competitive. pricing. Grainger i-s offering a Unique. incentive program dint wN drive cost saving,3 meas,ures across a CUNL01-ner=s cntirc � organization, The cof'f'er presented will open expanded opportunide�', fbr new lne-.mbers. Grainger pricing is more market based, and lower tlial7 priol' litit prices; a larger category dlscollnt percentage offered by a cc)mpetitor may not yield a Imrver product price. I We are citizens of the corri7l,unities xhcrc we, work and live. Within the City of 'luosolt I metropolitan ares we assisted the Americn R.ed Cross in installing home fire alarms, supporw-d � training hlitiatives of the Tucsiojl Fire I oundation, provided scholarship opportunities for die winyside School DiMtiiot Foundation and Pima Community College. Through tl7c Grainger Tools fbir Tornorivw- program.. we provide support to hidividuml students in their technical training, Grainger employeeq assist rhe Boys and CA is Club - Jim and Nfkki Club llouse, the Special 0h.-titpic, of Tucson, the Community Food Band, Ivie-Lils for Wheels and Johpath ]Progran,'3 addressing child care and transportation for those in need. Grahlger eanployccs k volnntecr said pvo ide trgsigtxic-c to Treasure fOr 'Teachers. Wo 1'etain TLGCg011 area businosses to hoot the current agreement's rcclLdrements said to assist us tin 1naimining Grainger Jfacifities and runiiing our businos�. {7ur c'ornmitmcat in Tucson iq replicated in comtnunitieq nationwvlac. CYr ginger has bcc privileged to prlrtncr wvith the City of'1uDson and O�TNiA in thein dedication to kcLp citizens Fuld employees safe. and qi dlities well-waint4ined, (fur jLesponsc r'�;flec.tq our commitment to these valuot;. Res Pully silbmitted. _ -- I el lion rice Sr. 0overrimont Sales Manager WAV. Grainger, inc, Rc]tr.Price..r�graiin�cr.com 979-224-6794 t Page 464 of 1743 GRAINGl i r� V4'.Lir Grainger, 111c - ER I(l0 C;raingerer Parkway { f f + Lake Foiv,SL.IL 60W-5201 Tcl; 847.535.1000 Tax: 847.535-9243 �'t�+ .�Lrainge r.co rn April 11, 2019 M& Jenn MycrS, CPPB i DeVatlment of Procurement 2.55 W.Alameda, 61h Floor ] 1CS011,AZ 85701 RE: W,W1 Ondnger, Tne, ]..eller of Exceptions to the C:ily of Tucson-Request fol.Proposal NO, 192163 L ar Ms. lbiyors; W.W. Oraingcr,laic, ("Grainoor" or"Contractor")appreciWes thea or4mit to respond to the Cit of Taosom("City")TRequest far Proposal o. ]92.163 11laii�tei�anoo, Repair clod Opeiatians{" 1R(�") � Supp Iics, Parts, Equipment, Materials amd Related Services. As you know, 6 ralnpWs foclis on Contract coiuPIiaiice and customer satisfaction is second to none, To that ond, Grainger respectfully rcquosls the opportunity to tucorPorato.should we be awarded thi9 Contract, our;,greed upon clarifjcqttions and exceptions lido the terins of the contract.Our objective is to earn the privilege of work-ing with holh the � City of Tucson and 014NJA Partners on this vi[ally important co-operative oppommity and doing So with } all understanding that our oolloc6ve e.xpe09tiojis with respect to operatiolfalization of Ibis contract anal its tel-ns are al i911Od, In accordanoc with Section 10 ofinstrltc-tion to Ot-cr of this RPP, your favorabie en ns idonation of tho following excopiions and clarifications to tllo proposal is requested; 1fi UENT1r' RPROPOL"1,IVO. 19 16,3 Page 5 or 25, Section 13. Product Requirements. sootion 3. I Original Language'DBF12 :'1.'1VE PIRODT ICT'All defective products Sllall be replacM and exchanged by 1ho Contractor. Tho cult of transpercation, unpacking, insNotion, ie-paekII1g, r'e- Shipping or othor like expetts(.,,s shall be pail 1)y the Contractor.A]1 rep]ao ment piyiducts inust be ' rcc6ved by tho City within sewn(7)days of irxitial notificalion, Modified Language., DEPECTT I-',PRODUCT: All defectivc products 9ha1T bo replaced aifd exchali xl 1),+the Contr-actor. Tho cost oftranspotution, unpr cicJng, inspection, i-e-packing, re- shipping or other like expenses .9ball be paid by Vie Contractor.All rep]acemont products muse be rec-cived by the City within seven(7)days of initial notification or a inutually agreed upon tin�cfi�me. - rage 5 of 25, Section B. Product R.equiremonls, Section 3, 0irigintil.Langnage, 13MC:ING. Prioes/discounts shrill remain f rm and wiII include all chal'gcs tNU May be inezirred in fulfilling roquii-eme.nt(S)'for the twelve-month perind following contract award. Where applicable,pricing Shull be,determiiieci ley aPnlyfirg Offerors<liscounts to tllo prices Page 465 of 1743 Iislcd on Llieir manufacturer's price 1h;Ls,retrlil price ghccCs,caWug>or by lit!iizing the reduced net pricing k OuAule. Modified Language. PlUC;LNG: Marlcci >3asfkgproduct T'1•ices and N9ge cate goc 'contract Miscoants shall lrcnnairt firin and will illclufhall Aarges that play be. incurrodin fulfilling ro,quirenlent(s) for the Iwo[we-rnonth period fol lowing Quinract awzu-d. For Ca' tRl.Og.PrOdLlcl. Contrac[or)vJ no ]ont~cr cn n)u 1 Q percentag_e_Otl'd iscountS frL�nl ale Contractor"list:" ic;c r1r41oLIsix s u I forth on Conirngwr-B Website, Cnnteactor's C:alalo ,oL. x any other electronic uT publig4d rxiedia. All j)erceJD9go-off di`3U3Lrnt3 for Catalog 1 roduc.Ls.simll be cleclucted f ffLw [he: Contract Reference Price ("CRF'"} in cJflfroct a( ale.time the Catalog F'r oduc4 is purchased by ivrnember from Collirlic fur. Current C_cmlract Deference Prices fbr Coal()L3,Products Shall be available when GjI541jo iiioirrlit r log�q its qccouM on Contractor's 'V el),,ite. f�ri> �s�i; e�lot +n i rec b; s ..1, n n+n ,.yt11s��FiGeg-lfked-O n 1 heir dueed dietf`i3ig �inlr. I Page 16 of 25, Special Terms and Conditions, 8. Original Langvage. ?tUC:EAD.)USWRN'J.'Ile City wiII review fully documentkxl LrgLiest.R for price adjtkdmcn nt a[ the end of the ContrWs Est year. Subsequent Rally documented retluvgLq for price adj ustinent army be made at the end of oath C untract year that the co1]tract is 1n effect. Price adjustments nlay lax a ccknsideratiOn i n tho ooild mance and/or renewal of 1ho contract.The City w!II determine wheihelr the requested price adjustment or an alternate option, is in die,best Intcrest of the City. Modified Laogurrge: PRICE ADJITSlWtkl~~T, The City thrill rev]ow .Cully documented re€luc,31 for hrTaricci.Bg,kg[prodLlct price aLdjustoit til tit the end of the Cantraj�t's first year, Subsequent fully doctiment,cd rcclLlests Bor price ad for Market Gasket pi%qct inay be made at the end of each Contract year that the Contract: is itt effect. Price adjustments Olay bo a consideration I in the continuance aIId/or renewal of the contraO. The City wi11 determ ini�whiAer the requested I price adjustment or An alternate option, is in the Itest interest of the City. 1i Page 19 of 25, Standard Terms and Conditions, 20. Otyighial LAiaguage: TNTIT'MNJFiC ATION: To the oiliest extent permitted by laLw, Contra cLor, its sttccexsors, assigns and giiarantors, shall pay, defend, indcinnify and hold harmless City of Toc,soil, its agents, ire re5cnWives officers,directors oMciatz;Auld em loyees from and g p � P "gins# I all ailcg<ttlons,demands,j)roccedings, suits, actiomg, claims, inofuding claims of pateni or i copyright ii fringement, damage9, lossos,expenses, including but iioF limited tu, attorney fess, court costs_and the cost of appcl41to proceedings,and ail claim adjusting alai handling cxponse, relatad to, at'isiiig firoin or out of or resul Ling from any actinnR, wts,error-s, mistakes or Omissions cau.gcd in whole or part by ContmOorMating to work; soii,icc.s and.-or products provided in the performance of this Contract, ineluding but not limited to, any Subcolitractor or anyone dirod Iy Or inditrectly employed by any of thein of anyone for whow cels airy of them may he liable and any injury or damages claimed by any of Contractor's and ubconlrarclor's employees. It is agreed that Contractor wiII be resporisiNO for primary loss iliveRtigFtti011, defense and judgment costs whore T.liis indenmiticaLtion is applicable, The Contractors agw; Io witive all rights of sub rrogation Lt&nst the City of Tucson, i1'6 agents, representatives, nfficel-s, directors, Offtci qI% ernl.~'loyL:eS and volunteens fhr lfrssos alishig from the work perforined by the Contractor for The City o! 11accrn. Page 466 of 1743 Modif ed Imaguarge: L DL1v NIFTCATIC}N, To 0iic fullest exWriL perrniited by lain, Contractor, IN successors, assigos and guatrantors, shad/ pay,defend, indeinniry rind hold knarill]ess City of TucRon, its agenLq, lvpTvsenta6yes, officers, directors, officiais and cjnploy+ces Froin and against all this d aitv,alIok tions, dcn ands,pra(cuedings, suits,actions, claims, inchtfli ng clai1n3; of patent or copyright i nfr[ngcinent, daniagus, Josses.reasonable expenses,inclining but not 1imitecl to, atturney fees, court cost", alul the cost of appellate proceedings, and a]] claim adjusti ng and handling expense,to the extent tltcy ttrc..rclatcd to, arising frorn or out of or resulting from any I iLegligeni itctions, acts, errors, 1nistEtkcs c oinis ioi)s caused i=ii whole or part by Contractor rclali>>g to worl., services and/or products provided in the performance ofthis Contract, i neluding but not 1irniWd lo, ally Subcontractor or anyone directly nr i ndircetly ernpfoytd by any of them or anyone for whose acts atry of 4hem maey be Iiable and any iniury or darnagcs claimed by any of Conti-actor's and Suhcontractor's i:ntployees. it is kgmt d that Contractor N ill lac rc.-,ponsible for primary loss inycstiggtion, dcfcmc and jucl-pTient costs where this inclemnificatlon is �ippiicable. The Contractors agrees to waivc til I rights of subrogation a&pdinst the City of Tucson, it's a cnis, representafiy.es; oftice.rs,dircotors, officials, ervployee-s and volunteers for losses arising from the wort{.performed by the Contractor far the City of Tucson, Paige 2.2 of 25, Standard TQ17ns and Conditions. 41. Origin.9l Language: ITRMINAUON OF CONTRACT;T97is Contract may be tormfilated aft any time by mutual written conscnl, or by aiv City, with or without cause, ulxrn givi ng thirl (30) days written notice. The City, at its convenience,by written notice, inay terini nate this Contract, ] in whole or in part. If this C'nntrxt is tcrminaied,the City shall be liable only for payment under i thc paiylnenI provisions of this Conti-act for serviocq rondercd and accepted rnaterial received by # the City before the effectilve data of termination, } The City ]Y-5"0!"1'(1$ the l7olt to terminate the w1iole.or any pert of(Wi Conlraa due to the failure of # t1le Contractor to carry out any term or condition oftlie Contract,The City w-iII issue it written ten [10) day notice of'dcfauIt to the Con for acting or fulling to act as spccll[cd iq any of the following: ; Modified Language: Tl?RMINAT)ON OF CONTRACT,. 11s Contract may be torinirnalcd at any time by mutual written consent, or by the C'.iiy, with or xvithout cause,upon giving tliiiIy(3 0) days written notice. The City, at 6 convcill ence,by wril tell notice, inaiy tenninate Ibis Contract, in whole or in pact, Ifthis Contract i9 tcrnfltiatcd,the Ci Cy shall be liable only for payinont under the payment provisions ofIli 19 Contract for services rendered and accepted niaterial received by the City before the offective date of termination, I I The City reserves the right to terminate.,fol lowi ng a written testi (10) business day notice to cure to tho Conli=wr, the whole or arry part of this Contract duo to the failure of the Contractor to C cava out any tarot or condition ofthe Contract. Tfthp-C:ontratcior fails to take appi'crprinte action e a within the period to GLIM,tThe City will issu )ivriIW n tcfl-(40)-*,notice of default to the C:ontraelor for actar-ig or failing to act as specified iii any of tho fol Iowing: C1 OF T UCS0A1ATTA 0711EAlTA M VIREMEN TS FOR NAT101NAL CO OPERA TJ X CONTRA Y TO RL A D_+1?TAIRVTERED a'#1F'r MA PAR TIVEAS 2.1 C:orpoi'ato C:omltsitntent rage 5 of 44 Ori inial Langunge. Supplier cfsmmits that (1)tl7c Nlrister Agreement has receiver/ all necessary l' corporin,authorizations and support of tbe.SLrppl ICI''4 Qx0culi ve niatitagetnent, (2)the N4aster k Page 467 of 1743 ( Agreeineini iS Supplier's primary go to market" strategy for Public Agencies, (3)the Master Agre-unent Nvili be promoted to all Public, Angorncics, iiiclu(litzg agny cx.lstii) ctlslolr]crs, and Supplicr will transition existing eustnmers, upon(heir rtxquthe N1,astor A i)� ilienL, and Modified Lauguagc: Supplier aommitg that(i)#llc KagWr An rcenicrit 11a roQcI,,od all ncccssai�r corporate authorizations and support of the Supplier's exceptive managment, (2)the Master AgroemonL is oiie u1'Supplierls primary"go to market" strategyies for Public Agencies, (3)the frim r Agreoment will be promoted as one of SLiPplier's"90 to market" strategies to R14-Public A.gonoics, ii)cl titling oily ox-kting Customers.and Supplier wi11 tmnshion existing customers. upon Iheir roquesi,to t<lie Ma,�Icr Aiv,,mon1, and 2.2 Pricing Commitment Page 5 of 44 i OriginaI Language: ti1)1)1ier comin its the not-to-exceed pricing provided uncles the Master Agreeinent pricing is its lowest available(net to buyer)to Pubic Agencies nationwido and further 1 commits (hal if a Patlicipating Public Agency is eligible for lower pricing through a notional, l slate,n`ogioval or local Ot cooporalive contract Che Supplier will match such lower p6cirg to that � Par(i6pating Public Agency cinder thQ Maxtor Agreement, r Modified Language; {eF czom inIts the " Agpoonqfflt oqTTERToT^TT �...... +; .. n.,, :.,�:,,.. n„k1;.. .o.. ;q eligible bvswej- 3i E11 3 &#i3Ral1- �L' lEi�lf11-k11=1C1E3i11�}f-L�t3 3$Fr3�3-`:-"o-sran+..aC4,ihiq Supplier'rr;;��--}i�el+rci;-`sn^Tor,-i^o�'r'i3�• rt 1' i`tit3p oiti� d tt i+ 4 c ey�ttri l i#}� tt r t:Supalioes prices for items sold to the City and)PamiciV.9tjng 13u1)11c AgLjicics Zvi I1 noL exceed the price fur the same or Siinilar items sold Lo-,2#I�oi nve.i i�men aux nirlci for the sc,mo nl siiriilar quaeilitics of product in a s1 ifttr prod.Lwt ` prix,lu>IdCi`t]1 Lnlc nrasiirl il�tr tctnls an(]conditions. The City qiAnqwled Rges, Lha(due to the east numbers of items sold hv_Siipp igr and. :( pp_l icr's oxtei sive customer base, as well tis 1ho di Qmrg ways,customers strudure requests for probl.. .5,Supycl nno._ t a�,�urc.tllc Cites Pa icil still Public Agerlcies that item 9 sold to. her custnincra for products ill_not be sold at a better price or discount. For example. u ithIn the Minster AgrLelni nt Illier rp nvi ft.5 custom izcd Nlarkut Baslcels to Participating PLiblic Agangiies.whel in c0 these.Agenes in ay receive different l pricing and discounts on products. This scenario is also true for other Supplier customers, f t 2.3 Stiles C'omrnitmeiiLPage 5 of 44 Original langnage- Supplier wrnmits to aggressively iii arket the Master Agxeenlellt as its go to instrcet sfraw� in this defined sector and that its sales force will be trained, engaged and eornm itwd 1jn offer!ng tho Kagwr Agrcomont 10 Public Agencies flu-ough OMNIA I ariners nation wido. Supplicr cotnririls that all Master Agreement sales will be accurately and timely rcp(vwd 10 OMNIA Nartnors 1n accoi`daii ce wild the OMNIA Partners Administration Agreement. Supplies`also cotmniIS its sales force will be compensated, including sales incentives.for sales to Public Agcnoics under tho Magtor Agt-eeinent in a consistent or better rummer uumpared to sales to Public Agencies if the Supplier were riot awarded the Master Agreement. Modil'led Language; Supplier commits to aggessively market the Master Agreumunt as one of its go I markot nite ccs in (his defined seo(or and tlutt its sales force wi11 be trained, engaged and commit(cd to olTcring 1ho Master Agreonien((o Public Agencies through OMN Lk Partners wClun ide. Supplier commiLs (hat all Master Agreement sales will be aMurately and timely roporled 4o OMNIA Partner in accordance with the(}PAN A Partners Administration Ag7eemeiit. Supplicr also F,(1 1m)JL', i(s silos (`oras will bt, compensated,incl udingr sales incentives, for sales to 4 Page 468 of 1743 Pula]is Agencies under the Master Agreement in a consisterrt or better manner compartd to sales to Pubic Agencies if the Supplier were no awarded the r4ar4cr Agrccmcnt, 3.3 Marketing roma Sides Page C of 44 A Oxigina�I angoarge: 1 rovide adelai1od Ilinety-clay 1)1an beginning from award (late of the Master A groomcnt demribing the strategy to Ii nmediately implement tho Master Agreement as sLIPplier's pr Imfy go to market strategy for Puhl is Agencies to supplier's temns natiomAidu, Eo include, Uut not limited to: i. Executive luadmship endorsement and sponsorship ol'lhc awgrrl rig ilic public sector go-to- Indi wi strategy w1111in Ars( 10 days Modified Language. Providc a detalled ninety-day plain beginning iron award date of the Master Agri' meat doscriNng the strategy to immedlate ly implement the Master Agreement as one of suppl ior'R pr]mary go to market strategy for Public Agencies to supplier's teams nationivide,to include,but not limited to: i. Executive leadership endorl ienkerit and sponsorship cf the award as one of SupI21iers tine-piihl is sector go-to-makeC stracvg+L es within Brat 10 days 33 MdrlceLing and Sales Page 7 of 44 Cl 0riginal Lauguagc: Describe how Supplier will transition any existing Public Agency customers' accounts to the Master Agreement available nationally through OKNIA Par[ners, { Include a list of current cooperative contracts (regioiutl and national) Supplior bolds a17d [icscril�c how the Master Agreement will be positioned among the ocher coopcl`ativc a rccmerils, Modified LAugan6,e; Describe how Srlpplier will Crank ii ion any existing Public Agency f customers' acc ounls to 111e Mmger l 1`i:+m(,r 1 available nal iollally through OMNIA Partnem. �i']$l'kit �c1it#e+lt0fllti'atiJ 6[�}tl� F#i', i9i}x F}�t+A} 11 c ,..l;a-1,N a<, w; i 3.3 M. arket i ng and ;alas Pago 7{8 of 441 Origina] Language: Confirm Supplier wilI be proactive. in direct sales of Supplier's goods and serti ices io Paid is Agencies nationwide and the timely folioW up to leads established by OVINIA PartJ101:5.All mlaq materials are to use the Ol'v NJA Partners logo.At it minimulu,the Supplier's sales initiatives should CQmn7LIDiCate: ' i IL Agrmneut was competitively solicited and Publicly awarde'd by a PA1161m[ Prciou1LCl1Xe111 f Agency € ii. Best government pricing iii,No cost to participate iv.Non-exclusive contract Modified Language: Confirm Supplier will be proactive in direr! Sales of 811ppIic1''s goods and services to Public Agencies nationwide and the timely folloxv up to leads csIabllshod by CMM Partnelg, All Rales materials are to use the OMNIA Partners Ingo.Al a mirdnim i,The Supplier's galas initiatives should communicate; 5 Page 469 of 1743 i. Agruea110ttl wvas c01npc01 ivcly sol]cited and puhl iely awarda°d by a Principal Procurement AgCnc, i i_ Pricing, disanu.nts and incentives tailored to meet Particilialing Public A��ixpcy utastosnqr's I JR0 prodLrct and related service need s.-Bob L-go v minx gra--neer) iii.No cost to participate iv.Non-exclusive.contract 3.3 Marketing and Sale6 i'rtg.e 8 of 44 0rigiki al Language- State The amount of Supplier's Pubic Agency sales for the pruvious fiscal year, Provide fa list of Supplier's top 10 Pubic Agency customers, the toW purch: s for each for the pa)evioil s fiscal year along vvith a key contact for each. Modified Lainguage: 8late the a1nount of Supplier°s Prartiinri pj Puhl1c Agency sales for the previous fiscal year. Provide alist ofSLipp]ier's 1.op 10 Par#ic.i IlLt ng_:Puhlic Agency cu9tnin0r.s, Uie total purchases for caob for the previous fiscal year along with a key contact for each. 3.3 Marlcetin¢sand Sales Page 8 of 44 M Original Langungc: Dees the SLipl}liar propose to gLiarautue sales' if so,provido the C:ontrao( Sales (as defined in Section 10 r)fthe National lnlergovernmcntal Purchasing Alllai=Conipan Administi-ation Agreement)that 5uPpflur will guarantee etch year tmdoi'the Tetraster A i)ccmcnt for the initial three years of llie Master Agreement C'Giiaraiitecd Contract Sales"). Mod Iaa»gnage, Docs the Supplier propose to guarantee sales?No. The Supplier sloes nol f prol .w torsi tee sales. if sn,provide the Contract Sales (as defined in Section 10 of the _laiional Tntergovcrnmon#al Purchasing AIIiance Company Administration Agreement)thRt I Suppl ler will guarantee each year Linder the Master Agreement for(lie initial thr a years o£thc Master Agreement("GLiaranteed Contract-Sales'). 3.3 Marketing and Sales Page 9 of 44 N Original Lajiguiigo' Evetl thorn ll i1.is araticipatcd ninny Puhl is Agencies will be.able to uti1 ize s thu Matstcr Agreetnent wiLhout further forinal sel 1 c i tati on,there may be ciMtunstances where Public Agencius will i6suc their owii sol iGi1,9t]on5, The fol Imming cptions etre available when responding to a solicitation for Profte-vs covered under the Masta;r Agreement. i. Respond with_Master Agreement pricing(Contract Sales relaorted to 0MN1A PartnciN). H. if coinpctitivc condi#inns mquIir, pricing lower than the standard Master Agreement not-to•-execcd pr] i ng, Supplier may respond with Iower pricing through the Master Agrcemoji1, If Suppl for is fawEvded the contract,the sales are reported as C:ontract Sales to OMNTA Partners under the Master Agreeanent• iii.Rtespoi7d witlt pri(.,irig li18her than Minter Agreement only in the Unlikely neent that the Pahl is Agency refuses to utilize Master Agreement(Contract Stales are not reported to O)A TA Partners). iv, T1'altcrnrtativc or multiple proposals fan a permitted,respond with pricing higher than kimtor Agreement, and include Master Agreement as the alternate or additional proposal• DotaiI Supplier's strategies under these options }Alen respond ingto as soliuhaLioatr• G Page 470 of 1743 Modinerl Language' Pvcn though it is and-6patcd nlaq Public Agonci -yvi11 he able to ntilirc tho Mn.gcr Agree incnt v ithout ftlrtlior formal st)licitation, thorn 110 ay be oiivumMan ces whQly. Public Agencies wiII issue their own sol icitatiomg. The fol1owi ng options are availahlc when respondi ng to a so]Icitation for Products,covomd uiyder the -Va.9ter Agreement- i. Despond with 1vlaswr Ap-eemen#pricing i Contract Sales reported to OMMA Partners), i ii. If competitive conditions Ig11ii-epi x" � n� #I= I � prtc=ik uppliel-rauy i-espond with lower pricing thrmigh 41ie imler Agreement, If SuppiFL:r 1s awarded tllo cnaitracc[, Iho salol Tiro roporh,d as Con]rocl Sacs to ON-1 N 1A farriers udder ilio W,9tcr Agreement, Ago 1�cl# li l er x 110314(GOR#a ad4B QMN-,T14 l nOF iv. I# t 39po+A Wk4 pFiGi Fig l "kbF 1+h., MRMOF S 'f�di3E311 �41ti�]]l41 k1 m1 {�k ''. lw z�ifd el�#l3 iii omlf OF-U ( 1�]3U'f, - ' +1-p 1 - Dolan Supp Iicr's stratoalos u11dor Ihcsc opIJaals when rcspolldjng to a Solicim1110 11 3.3 NJ iricoti ng and Sales Page 13 of 44 Section 14 Oi iginaMl LaGnguagc:Administrative ]gee payments are to he paid by Supplier to O1+MA Partners at the frequency and on the due date stated in Section 13,above, for Supplier's submission of uorrespoilding Cori act Sales Deports. Administrative fee payments Ln'e to be made via Automated C:lerlring House(AC:H) to the C}MMA Partners desigiated financial institution idomi-liod Jv lex Wt.l), Faiiun� to provide n iiaymelil of the t' dmjnislraUw Ytco within the Iimc and mannor spccil:iod horcin sha)J ootustituto a niawrial hreach of this Agroomm and ifnot cured within tl11rty (3 0) days of written notioc to SuppJ lcx shall leo dcomod a dose for termination of tho i astcr Ag.rooment, at Principal Procurement Agency's solo discretion,and/or this Agrccment, at OMNT1A Partners' so]e discretion. All Admin intra#ive.Tees not paid when due small hear interegit at a rate equal to the lesser of one and one-half percent (I 1/2%)per month or the maximum rate � permitted by lav until paid in full. i Modified Language'Administrative Fee payments are to be paid by Suppiier to ONIN 1A Parhiers at the fretltiency and on the due elate stated in Section 13, above,for Supplier's submission of wrresponding Contract-Sales Deports. Administrative Fee payments are to be made via Automated Clearing House(AC H)to the OMNIA Partners designated finalicial institution identified in E hibit D. Failure to provide a payment of the Administrit#ive Pee ivithin �;he time and imager spo6ficr] herein shall consulute a inateyial breach of Lhiss A. tocmeat and if not aired within thirty (3 0) days of written notice to Supplier shall be cieenied a cause for � termination of th0 Masto,Agrcemoail, at 11rincilml 1'ro mmment Agency's solo discretion,and/or � this Agreemeni, at OM LA Parineis' sale dJ�,cretion, um ! stroll-6ea,F iri4erst�at a # equ tl+ lc+ ec� ad —lig�fi { } }der—i �al+ r •t1�-rx�rxim�ni-irl�ksr�ti•t�.��#-bar•-ltt�v-�•ai�i�-l�ic�i�-fE+1-1!< 3.3 Marketing and Salos Page 13 of44 Section 15 Ori.ginaI Language: Supplier shall niainlain an accounting of all purcluises nude by Parti-cilmling Public Agencies under the Master Agreement, C>NINIA Partners,or its deli tee, in ONUN11A Partner' sole discrefion,reserves the right to compare Participating Public Agency records with Ir C:ontiacl Salmi Repeats submitted by Supplier for a period of four(4)years from the date{lMMA 7 Page 471 of 1743 Partners teceive6 such rw on. Tn addition,ON NIA Partners tnay cls gag,c a third party to conduct i{tt jindcpondent audit of Supplier°s 3nontlily reports. bi Cho ovent of such an audit,Supplier shall; providc all materials reel nably reyuestcx] i latiiig tci such Etudit by OXINIA Partners int the looation designated by OMNIA 1'arinev;.In lho cvcni an underreporting ofC'onlrac4 Sale, and a I sultilig underpayment of Admitiis[raIlye 1''oCS is revealed, OVINIA Pai-Uiuni wi11 notify the Supplier in writing. Supplier will laavc Lhi1-1y (3 0) days from the date of such nonce W n,goI've the discrepancy to 0Dv1NIA..t'o1`Wci-,' rcasonable satisfaction,including paymoltl of any Administrative Fees due alld ow 111& together w[th interest thereon in irCordance wish Section 13, and rei.mburscnlcnt of C}NTNITA Partners'costs and expenses 1-fated to suali audit. lvlodlilled Language: Supplier shatI maintain an acooll110ng of all pulrchases made by Pw-ficipati rlg Public Agencies under lire Masicr Agroarlent. OM NIA Partners,or ij,�; de-sipxeo, ill O)ANTA Partners' sole discretion, reser eyes lllc dghi to compare Participating Publio Agency records with Contract Sales RgOrls swbinitted by Supplier for a period of four(4) }°o&rS frpLll thO date OMNIA Partners receivos sti(kh roport- Tn addition, OMN1A PW'tlltrs may cnga c 9.thi rd party to conduct an indopoi)dcnt aladit of Supplier's u7onthly reports, In ft event of queh an audit, SLlppller shall pl'OVidO #1II rnaterials reasonably req LIeSI.t'.d relating Co Stivh audit by OMNIA 1'att��ers at t}io,�location mutually a egr ed ulaon by [F�o ��ii't.ic�c�eslgl�^�a'� n;�lr � . in . llao ovcnt an underrepordng of Contract Sales and a resulting underpayment of Administrative Hees is revealed, W NIA Partners will nutify tho Supplfor in writing. Supplier}grill have thirty '. (3 0)days from the date ofstich nofice to rosolvo the dlscrepancy to OMNIA Partners' i asonablc satisfaction, including payineitl of itny Min inlstrative Tees clue��l�r�ii tfaer- i#}�i� tl 003-'efn-}n ith-Sere A r ��71�� h l l h LYn wi �FtFtl' v� 1�17wTT!'1T1�4 'ILeef T 3.3 Marketing zind Sales Page 17 of 411. Section S Original Lauguage: The Pror.uring.?arfty shall now uSo this Agreoment as a method for obtaitLing additional concessions or reduced prices for-pumful iso of similar products or services utlt6ide of Uro Master Agreement. Master Agreement may bo structured with not-to-exceed pricing, in which cases the Supplivt irwy offor tho Procuri ng Party and the 1'ucurltig 1'arLy may a rcpt Iower pricing or additional cuncetisivjLs for purchase of Products t11r0Llgh a Maslnr Agroomont, Modified Uinguage: T]10 W00110 lip,Party shall 110t;At LISe this AgLei7 onil as a III othod for s obtaining at]Lht oral C:onccsJons oi' recluC,ed prices for pumbase of txlntllar ptnduc-ts Cir Scl'VIceq { outside of flip MA%wr A.gre nerd., MaMel,AgFo81-}iont -5Y#let#1�� z t— - I fx,ifl�Lhieh-eie�,e, uppIicr mF�y offer the Procuring Pally iuid Ilio Yroouring Pa ty Inlay accept lower pricing or addItiomI conce-scions for purcha-se ofProd uots through a--Master Agreement { I 3.3 Murketing and Sal.os Pagc 17 of 44 Section l D Origiaid Lsinguage. WTTT-10T]T LIMITING THE.GE.NEI;ULHY OF 74E FOREGOING, THE � NATIONAL 1111 PA.k1TIRS EXPRESSLY DISCLAIM ALL EXPRFSS OR M4PLTED � REPICESENTA ION9 AND WARRANTIES REG RDiNG ANY PRODUCTS, Ty1ASTL-R I A(iREElvll,l\7 AND GPO CONTRACT. ThE NXI'1ONAL TPA PARTIES SI IA LL NOT BE LIABLE IN ANY WAY TRO ANY SPECIAL, lNVIDE;NTAL, Ii�TT)TRPCT. CON UEM TAT,, E TIMPLARY, PUNITIVE, OR RELIANM T)AMA c S,EVEN IP THE NAT]ONAL 11'A Phi TTFS SHALL NAVE NO L1AB1LEI'Y FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHT?.R PARTY UNDER A MASTER AGH :]VF-,NTT OR C'rPO CONTRACT. 8 Page 472 of 1743 Modi fled Language; WlT-HO 1'LLMI'INQ THE OPEN VR ALT "Y OF TT-TE T+C?REGOTNG, I TTIE QMNIA PARTN1~i1 SN.414QNA4,1TAARq4P&E PR12S LY D]SCLAIM ALL EXPRESS OR LM11L1P'D R10JR1"'ST TATTCINS AND WARRANTIES REGAIUIN6 AN Y PROD UCTS, Mr1S'1'HA rl(:iANT)CPO CONTRACT. Tl IE OMN1A 1"A1n' l~;RS NA-1-10HA1, 1"A WSTTAI,L NOT BE LIABLE, IN ANY WAY FRO ANY SWJ-"CIAk, 11NC I )I-XFAI,,INT)TRECT, CONSEQUENTIAL, E EMI'LARY,1'UNITI Vl-r; OR l ULIANC:T: 1)AMA01+.S, 1 sV1TRTTT Ti TE 0NIN1A PARTNERS 14A VP NO I.IARTUTY FOR ANY ACT Olt ONUSSIOISI BY A SUY.1'J.I FR OR 0T RR PARTY I)I,DER A MASTER AGREEMENTOR Cil'Cl CCiNTIz ACT. Thank yo4i for your favordble con;adoration of our clarifications and exceptions. Should yotp have. questions,please conlml me. 5i117 Ron Price Sr. {1ov nnncnt Sales Manager W.W. Grainger,Inc. I i i i I r i 1 9 Page 473 of 1743 GANGER:, PROPOSAL EVALUATION REQUIREMENTS J. PROPOSAL EVALUATION CRITERIA— (listed in relative order of importance) a. Method of Approach b, Price Proposal c. Qu alificaticns& Experience i II. REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted in the same order as requested and must contain, at a minimum,the following; i a_ Method of Approach 1. Provide a response to the national program. a. Jnolude a detailed. resgonse to attachment A; Exhibit A, OMNIA Partners Response for National Cooperative contract, Responses should highlight experience. demonstrate a strong national presence, describe how offeror will educate its national sales force about the contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be 5. tracked and reported to AMNIA Partners. rainger's completed Attachment A; Exhibit A is presented in TAB Exhibit A. b_ The successful offeror will be required to sign Attachment A, Exhibit 15, OMNIA partners Administration Agreement. Offerors should have any reviews required to sign the document prior to submitting a response. Cfferor's response should include any proposed exceptions to the OMNIA Partners Administration Agreement, Grainger has reviewed Attachment A; Exhibit 13 and provided Clarifications in TAB fetter of Clarification. � o. The successful offeror will be required to fill out Exhibit F — Federal Funds Certification and Exhibit G — New Jersey Business Complianoe in its entirety, Please see CraInge ras ccmpleted Exhibit F and Exhibit G. i Page 474 of 1743 GRANGER, City of l'ucson Attachment OMNIA P A R T N E R erlFt l!fJ�!rSLlr� 11.,.uo-.R..iw�.�u.vra requirements for National Cooperative Cuntract To be Administered b ?4DUA Partners ! The following documents Erre used in cvaluadng acid administering national cooperative Qmltrficu and arc included for Supplier's review and response, OMNLA Partners JE-xhilbit A—R1 Sl IONSF FOR WA TTC]NAL COOPER TI VE CONTRACT O-ViN IA Partners hxhibit I —A A TNTSTRATTON AGREEMENT, EXAMPLE f i O - iA ?urtners Exhibit C. TvLkS`1 LR INT (30VI:',I [NR1FNTAT:COOPER.ATT E T'[� CH,' SING 11 RCEiV1 Gr T, LX1LI�IPLL S OMINJA P?�irtliers Exhibit D —PRINCIPAL PROCUREMENT AGENCY C:KI�']TFTC:ATF$ � F AMPUL 1 OMNIA Partners Lxhibit V — ('OKTRACT .ALF REPORTING TEMPL E-E, OMNIA ParLicrs Lxhibit P — 1+'.-DF.R AT.FUND C;ERTTFTCAT IONS OMN IA PartneriF:xliibit G—NEW JERSEY BUSIN ES S CONIPLIANCl- OMNIA Partners Exliibit Ti—ADVERTISING CORIPI,2iNCJ- RL,Ql LRFM1 9I I Page 475 of 1743 01WNIA PARTNERS EXHIBIT LX111BITA-].i) SPONSE FOR NATTONAL C'OOPEILU'lVE CUN1'RAC f 1.0 Scope of National Cooperative Cmiti-net C'apiiWizrcd tams not other+ ise defined herein whalI have the mcanings givel} to them in the Master AgreemenL or in the Administration Agreement between Supplior and OMN[A Partners. I] Requirement The CiLy o[' Tuesoa (hcrefivkler defined end referred tO as -`Principal Procurcmcni Agency"), ov behalf of itself fold the National lntergovernmea all Purchasing Alliance Conipany. a Dc-laware, corporation d/h.hi (PMMA Partlicrs Public Sector (-`[:)NLN)A lllarulerw"), is rc,quc.Wing proposals for lahiteilaiwe; Repair, and operations (NLK.0) Supplies, Palls, I=quipmenL. TJaWrials, and Related ScrvioCS, The hitent of tlik Request liar Proposal is alar contract baweer Principal i'rocuretnent Agency and Supplier resul Ling Ttom Lhjs RcgLies I for Proposal (;:Master Agreement") he made availablc to other public agenrjes nationally, r1l01.Ltding state and local ' goveraiirleiltal entiLies, public and privatc priniai . secondary anld higher education €:ntiiics, non-profit entities, acid agencies for the public bonteflt ("Publio Agencies"), i through 0lVrNTA Partjiers' cooperative purchasing piogi-aln. The Nincipal Procurement Agency has executed a Principal Procu cment Agency Certificate with OMNIA PavUicrs. all cXxmnple of which is ircluded as Exllibft D, and has agrocd to pursue the _U,3ter AgreelnenL. IJ-se of the Master Agreement by any )Public Agency is preceded by their registration with ONTNTA Partners as a Participating Public � Agency in ONTNTA Partners' cooperativo purcliasing program. Registration with � OMNIA Partners as a T'artkJpating Public Agoltq is accomplished by Public Agencies tutoring into a Master Cooperative PurGliasin Agyeenient, 111 exanlple of which is ZlUaohed as DJlibit C. The te-rins and prioilig es LL€Nishod in the resulting Master Agreement between the Supplier and tho Prinoipal Procur -Ixlent Agency g ill bwc the same as that available to Vartic1pating T'uhlic Agencies through O-NINIA Partners, All LML]Sact1011s, purchase orders, invoiceti, pavirnents ctc.. will uocilr directly bt vveen the Supplier and c{wh Participating Prlblic Agency individualIy, alld neither OVINIA Ru ners, any .Principal Procurement Ayotic - tror any Participating Public. Agency, including their respective agents, dire-aors, elrrplo}fees or representatives, shall be liable to Supplier for any acts. liabilitics, dunagcs, etc,. incurred by any G other Participating Public Agency. Supplier is respongihle for_kno w-ing the tax laws 4 hi caoh statw. This Exhibit A defines the expecLatums for qualifying Suppliers based on OMNIA l 1'amtrs' tecluireincnis to lancet the res>.11ting Master Agreement iiatioiiELI I to Public Agencies. Each section in thiti ExllibiL A refers to the capabilities, requirements, obli ati<m, and prohibitions of competing Suppliers on a national level in carder lex scree Participating Public Agen€;ies throLuglt ON4NTA Partners. Requirements for National Cooperative Contract Page 9 of 44 Page 476 of 1743 0-M N 1-A VR'I'N V ISS EXHIBITS EXHIBIT A-RESPONSE FOR NA'110:�AL C.001'I?RATIVF CONTRACT llese, requiretnentS aiv incorporated iinio and arc considered an integraJ part of this R17T. O-KNJA Partnem iTserves the right to dote vmjno wheft r or not to mako the ( Minkel, Agi,�,Ltnciit aw rdcd by the PrinaipaJ J.'rocurement Ageilcy availahle to Partl6pating Public AgLilcies, its its sole and ab-solute discretion, and an.}- party submitting a response to this IU-11 acknowledges than any award. by Elie Principal Procurement Agency docs nU obligate GNINL'i Partners to snake the 4f aster Agrccmcnt avaikble to 1?aAiQ-ipati 11 Pro curelli ll.L Agoilc-ics. 1.2 Marketing, Sales acid 1ldminktrativc Support DUrllig the wrin of the Master Agrccme�rlt (CMN(A Partners intetlds to pnvvide Marketing, saIeq 1111d adl1lini%TitiVe suppoul lu1' SuPPILer pulrsuant to this section that directly promotes the Supplier's products Find serVice* to Participating Public .Agencies fil-Ouch yllulEiplU channels, each designed to promote specific products and scrv.iccs to Public Aurem des on a national hasis. i The OMNIA Panniers marketing tctun will work in conjunction v ids Supplier to pronsote the Master Aglreement to hath existitig Putticipating Public. Agcncics and prospective Public Agencics through channels that may include": A. IN-larlsetillg collRteral (prillt; elV,0tr0nic. pre-Sentatiions) B. W.,ebsitc C. `Trade sllc } s'cunl'cruitcesintootins D, Adwrtising E. Social Media The O NIA Partners sales teams will work ill conjunction Stith Supplier to promote the Master Agreenlerlt to hath existing Participating Public Agencies and prospec-tivc { Public-/�gcnc-ies through inzfiaives that inay include; A, individual snh,& calls B. Joint sales caUs .. (]Ell]17U1Ii i�liOl Sr L]StOPTII'r scruloe # a D. Training sessions for Public Agency learns F Training sessions for Supplier teams # The ONrNIA Partners contracting teams WiN Work in c-onjul1CJ011 With Supplier LO promote the Master Agreement to hcnth exiAing PatticiEpating Public Agcncics and i prospec€.ivc Public Agencies tl>tough: A. Serving as the subject halter expert lbjr quoSUc)nS regarding joint powers � authority and sutw, statumcs and regulations.for cooperati ve.pure-liaising B. "Training sessions for PubIiic Agency teams C. TrRinitr SCS-cions for Supplier We UIIS D Regular business reviews to nlonitor progratn success F, (ieneml contract administration Suppliers w-✓v ivquircd to pay an ilclnlinistrative fee of 3.0% of the grezter of the Contract Sales under the 'Master A reetmert and Guaranteed Contract Salos under this Xequest liar Proposal. Su ppiior v-Jll be required to cxooume the ON{LNIA Nitners .Admitristralion Agreement(Exhibit 13). Requirements far National Cooperative Contract Page 10 of 44 Page 477 of 1743 [3M1NIA PART'S KIZS EXHIBITS T.XMBTT A-RESPONSE FOR NNY10NAL.COOPERATIVE CONTRACT 1.3 Egtiinnted Volume The dollar volume purchased under the Ma,.L-jr Agrcemcat is estimated to be. approxinr ately $100 nlillion annually. While no minimum vOlUtile is gL1RMI LtA to upplior, Lhc estimated mnua.l volume is projoctcd based on the ctjrx:ent annual volumes among the Prinoipal Procurement Agency, other Participatiise Public Agencies that are anticipated m utilize Cho resulting Master Agreement to he made wt ailable to Chcm through {AMNIA Partners, Lind volume growth into other Public Agencies through a coordinated markeLhia approach between SLIpPULT f111d ON4NT A PLutners, L4 award Bashi 1"he basis of any Gojitvua anvard resulting fom tlliti RFP matte by Principal Procurement Agency ��ill, at ONTNTA Partners option. be the basis of kLww-d on a Mtion it leYO1 LhrOuglt ON-LNIA I'afUe-rs, If multiple Suppliers arc awardcd by � Princ-ipal Procurement Agency under the N-Lasmr Agreement, those. same. Suppljcn will be required to extend the Master Agjxtcment too Palicipating Public .Agencies tluough Cliv-NTA ParLners, Utilization of the ;-'faster Agreement by Participating Public Agencies will he at ilio disoivLion of the individual Participating Public Agency, Certain terms of the Master Agreement specflhi dly applicable to the Principal Procurement Agency = subject to modification for each Participating Public Agency as Supplier. such Participating Public Agcacv and OMNIA Partners shall agree. NrLioipaCing Agencies may Nquest to enter iiltc) a separate supplcmental aglvement to further dofimxe the level of sei vico n'quirements Over aild above the minimum delmcd in the Master Agreement (i.e, invoice requirements, order requirements, specialized delivety, diversity requirements ,such Ets millorhy Lind ; wom Liu owned businesses, lustork. iJ I underuLili AA business. governing lave, etc.). It shall be the regpomihility of the Supplier to comply, when applicable, �%iLh Cho pre vajIing vvagcc legislation bi effect in the jurisdiction of the Participating Agency. It shall Eirther he the resgxwsibiflay of the Su1)plier to rnmiiLor the prevEd11ng }rage rirLes as cstablrshed by the appropriate department of labor for any increase in rates during die. tern, cif' this contyact and adjust }wage mtew aceordingl . y � su}} lL-MenUtl agreement developed aw a result of the N'l�jster Agreement is cxclu5jvely hetween the ParlIcipating Agency aild the Supplier (Contract Sales arc reported to ONLNIA Partners). Objeetivos of Cooperative 1"rogram This 810.1 is intended to achieve the follow-inLT objectives regarding availability through OMNIA Parmeefs' cooperative pl-ogm-n-, A, Provide a comprehensive competitively solicited and awarded national agrecincnt ol'Jcring the Products covered by this solioitatian to Participaing Public Agencies; B. EstabAsh the Master Agre.eixaent as the Supplier's primary go to market strategy+ to Public Agencies nationwide; _ Achieve cost savings for Supplier and Public Agencies through a single. solicitation process that will 1�educc the Supplier's need to respond Lo multiple sc}IicitaLions and Public Agencies need to collducl their own solicitation process; D. Combine the €lggregate purchasing volumes of Participating l'ubI is Agencies to aclxieve cost C5eciiVc Pricing. . Requirements for National Cooperative Contract Page 11 of 44 Page 478 of 1743 OVINIA PARTNERS EX]l.lRYP EXHIBIT_1-RESPONSE FOR NATiCN+IAL COUPELC?i'1'1' E CO�TRACT 2.1 J�KI't2FSE T�,TIO S -ND COV'ENA TS { As a condition to Supplier entering into the Master Agrccain,nt,which v�ouId he availalble Lo all PLLblic Ag-cncios` Suppliev must.mak, ccrtaiii representaxtims, � arrmties and covcnauits to both the Principal Procurem.e l A envy and OVNIA Partners designed to vmsurL the success of the Master,agreement Fbjr all Participating Publ is Agencies as }-vc11 as the Supplies-, 2.2 Corporate Commitment Su1)plier coinmi Ls that (1) the Master Aga)eemenL 11mrocciv.cd all necessalry c-orporate autlioriz.ations and support of the ulrPli:cr's cxccutive iTUNTgement, (2) the Masicr Agreement is Supplier's primary "go to market" slraL-gy For Public Agencies, (3)the Mastcir Agreotnent � ill he p1-omoLod to all Public agencies, iiticluding t`it]y existing customers, and -Su pplior will trmskioil existivg cListomcrs. upon their request, to the N'laslcr Agree»3ent, and {4) that diLc Supplies- has read and agrees to the terms and conditions ofthc Administration Agreement with O-MNIA Partners and Will e ecutc such agzreelrrenL concurrent with and ars a Gondition of its cxccution of the arta Aer Agivcmcat with the T}rincipal Procurement Agency. Supplier will idctitif an executive Gurporatc sponsor and a separate natioltal account manager N,vitllin the RFP response that will he responsible for tho ovora,ll maylagetnent of tho Master .A�reem erf 1, 3 Pricing Commitmel)t i 1 Supplier commits the not-to-exceed prichig pi�oc,idcd under the Agirement pricing is its 10WSt WVlii]alble (111ct to buyer) to 11tiblic Agencies natiottwidc and , rurther colnl>71�s th.1t if a Falticipiting Public Agcnc.y is eligible fol, lmver pricing througli a stational, Nmte, regional or local oa• cooperative oonU-act. the Supplier will match such lower pricing; to than Participating Public Agency utlder rbc Master Ap rc cmont. 2.4 Sales Com initmcnt Suprlicr commits to aggressively market tlic 11aster Agreement as its go to markd strategy in this dclmcd s, c-tor and that its sales force v ill be trained, engaged an,d ' co mmittcd to offering the 11fw[or Agn-,=-nt to :Public Agencks through ONINIA Partners nationwide. Suppher cornruits that all 1v1astcr Agreenxem sales will he ttcmeuratcly acid tilnely reliorted to ONINL% Partners in Eic.00rdamc cvlth the OMNIA Partners Administra[ion Ag eiment. Supplier alLsL commits its sales f i e will he compensawd, including sales 711c 11#14 5, for sales to Public 1lgcncics under the Masmor AgiTeinenL in a coasistont or better mailnor compared to sales to Public Agellicies if the SuppJier evere not a}-varded the Fvlalster Agreement. .1 SUPPLTER RESPONSE Supplier must s3l,Lpply the following information in oMcir j.'or the Principal Provurement ,agency to determine Supplkr's qu0itiURd011s to extend the resulting TVfRster Agrcomcnt to Participating Ptiblic A gellcies tltirough Ole N1A Partners. l Requirements for National Cooperative Contract Page 12 of 44 Page 479 of 1743 [_NINIA 1'AW.I'NERS EXHIBIT G" IR T-XF17BIT A-RESPONSE lYllt:N YMON AT,COOPFRATTVE CONT1LACT rirrar A. Brief history arld description ol'Supplier. I-'car over 90 years, Graingcr has remained co117rnitLed to helping i rife siLanLllti kovp their operatioiu running FORTUNE acid their pcoplc safe b - q3 iiag ahead 01 cLusttrrrYer ORLryLJal��]+ MOST needs. As 1 ofth America's lading broad line maintoatartce, repzir rttald operating (MRO) Products dislAbutor, xidh Operatioals also in E'umpe, Asim and ADMIRED Latin Americta, Grainger's advLintagcd supply chairx COMPANIES } 11L-m,ork suj ports multicluaael offerings including br.%iches, eC ommt-j'ce chaatnels and comprehensive. iplvt altory mmnagoment. With cLusLcrncrs the eentm.1 focus alld continued commitment to innovation, Grahiger embraces iN responsibilitics to its customers, members. -sharcholdcrs and the communities it 5vrves- I W.W. Grainger. Inc., [bunded in 1927, Nvas incorporatecl ill the State of Illinois ire '1928. Grainger is ♦a publicly Jleld 500 company with shares traded on the Now York Stock Exchange (NYSE). Graiaiger's capa[AitieN inc]ude; � ► A strategic US distribution network of 250 branches and 14 distribution Cent-Xrs *LCppnv inn- Elio City of Tucson and OIrlb IA Members An e.,dcnsive product line, now mem-, than 1.7 miIIlon products and over. '. `61.3 billion.o-Foot-haatcl iarvcntory to meet agency req uiremerits & 95% of customors receive next day pi7oGct delivory, 99.6% of in-stock ordea's ur-, gbipped within 24 hours Proven expcvIence in ncpotiating and h-RpJementiiig multi-state, complex nationwide c co mrd otti. # B. Total numbc� r aiid for ation of xales mesons employ ccd by S41ppJ ier, While Gr6jiger bas over 3,800 experienced sales persons, colitrnry W indLust7y non-w;, Grainger:'s 564 Government fnsi& and Outside Sales Staff are solliJy dedicated to the- public sector market. Through rill 50 state*, the District of C'014mhiia and US 'Territories, this govrumettt-dedicated sales team Understands specific customor challonges and drives overall savblgs in procuring j products. f Requirements for National CoopEirative Contract Page 13 of 44 Page 480 of 1743 ONMIA PARTNERS EXHIBITS GRAZIMR, EXHIBITA-AFSPONSE FOR NATTONAL C00MUTIVE CONTRACT MI "Lam—atz"VERIlm The fo I liD w i 1)g chart rppresell tw rhe clo V�'Ttll'Acnt Sellel-S, location per sate, t j; Alabama 10 Louisiana 8 Ohio 14 Alaska Maine -5 OKlahoma Ari7ona 13 Marvl8rTd 15 Oregnn LL 4 18 cal 'trli�i w.7 1 Michigan 10 Fthorie island 3 C6101AQ 12 Wiric'' 6h. 4 . South'Caro'lin'a 1 0 Miss issippl 2 9outVt Dakota 2 Florldn V. Monlarin 1 Towns 5p Gqtxgl� 19 Nebmul* .2 U 4 7 tp 11 Novada 4 Vei-mut 1 Iduh0 I NON Ha,MPA lk� a ��qW[?- 215. Illinois 34 New Jersey 15 Washington 15 ImIlpo'l . - . 4 N&Y.Mlekj6l) 6' W"tVfrg[nl6 I. 1 0 New York --41 T/I-$Q0FlSfll .13 Kia nLop, 4 Norlh'Cirolfna- 16 Ey ralL Kentucky 4 North Dakota i DIrMot of Columbia T T 5 Grainger's Government o-v of Mamh 2019. C. NUTnbejL turd location of support. centers (if �pplieabfc) and location of corporate otTiQ.ff,. Cimingerl s corporate headq Ll allM, is located in Lake Fonm L, IL Graing,cr's strucgk branch network ju(.'-Iudn- 250 branches geographically located to provide QpllveIliolll support to our oustomers, Each bmilcJl carries on Eiverago $1 million in inventory within) 23,000 squarc feet and is managed by an average of 13 erop[oytes,, Plc4u see Exhlbil -1 Grainger US Branch Lacafionv which provi&s. address hiformation. Addifionally_ Grainger has three costumer cxmlict centers which support cvier 2.000 CIKAOI-MM' SLLI)J)c)j,L Associaws. These contact cantors are loented in Janesville, Wisconsin, Wateilo*, lowK ftnd Phoenix, Arj7oua. Gming(-r contact r,enters ztre EivEiihiblo 24 hours a day, 7 days a wetic io assist our endo, M throu g1l pflonc, c1lat and 0mai 1. Requirements for NatiGnal Cooperative Contract Page 14 of 44 Page 481 of 1743 OMNIAPA[d'I'NERS EXHIBITS GRAM", EXI BiT A-RESPONSE FUR N-11'IONAT:COOPERATIVE[:UN' ICWT 114 D. Annual sales for [ho three previous fiscal yours. iiraingor's annual sales for tbe pi vioLis threc fiscal yew's; 2016: $10,137,204,000 ° 2017: S 10,424,85 8,00 0 1 2018: 511. [,200,000,000 Previous 3 YearsAnnual Sales $11.2 0 w X1014 M Total sales � ----'- ---- c i $10.2 $,3.5 i t 2016 2017 2018 I 3 I FI SLLbinit FEIN slid Dun & Rra6Lreet report. FEIN: 36-1150280 D&B: 005-10-3494 J.". Dte�crihu airy green or environmental initlalives or poli6es- v Gi]ain cr ,vorks to 1711}]C]�+L] cnviro11mentJ ��Ca kw + DP- perforuiunce across our supplier% operminns �aln�d - '��.. c N4ERRAK . � a ]Ss Ej3 �'r customers. We partner v��iLh third pazly kOil]JSIRX41{LL5.`AWY{WI+ ✓.:k: Inaiit#aEned sustainahilky organizations, such as l}rc CDP the A CDP } )Blz Executiv(,- ;:k< ,,.w. noratoa {lcxr«erl} l }ouu tis the Carbon Disclosure 1 ry ect , il�e Grecli i{ ilire o yearset. yorlc, the U.S. Enviromnewal Protection Acne , SmarffaylV Prosmnn, UL };t?.x •_f; ill a row inn. and the U,S, 0reen Building Council to hell) u5 Ell ign our investi-nents with stakchol€ler ,#� expectations. Our gre n and on ironniental initimivv,-� include. € 4, Operations.- 'e lbetis efforts where we have, the most infiuencc. Grainger's Dhi tribtition Centers account for 38 rig q' percent of c»ar r�i}ei�tioits turd M11l incre�ise its ��c o ��an€l � T�e ett", service €)[yerings. We monitm- energy consumption and iP.F.UcrrtXl.n W—IXroupb c7 NaLYOJnvi9rl lillprove Our greeli-enemy-mix stistaina bjkJ Solutions to �I-:IIuYI fSe'MLi incre�xse e[yioleney and utilize rene- v+ible energy. We invest in onsite renewable f Requirements for National Cooperative Contract Page 16 of 44 Page 482 of 1743 OMNIA PARTNERS EXHIBUS GRAMENGER TXT TRTT A-WESPONSE FOR NATiONAL COOPERIVI'lVE,CONTRACT Wil energy, purclna�;o reiiewahlu energy oi-edits and gi7ccn tariffs. PnoducAs. Gminger, rovidos customers )viitb the products they need to keep their businesses running over the €cmg terns, WO W'Orlc tri undcrstamd hov,� these products affect the eavil:ommeait. Customers increasingJ y ivgl Les,L e11vir0jime11ttklIy preferable products (EPP). Our EPP portfolio helps custom(,-rs anaiixt�flii sustainable facilities dwaUgh efficieztt. energy mktnktgoinenL. wager conservation, w Nto vc-duction and air-quality improw,=,nt. The tjrainger H"11 portfolio includes riiwe than 114,000 SKU%, 26 EPP pioduct ce t'Llioations acid 4.6 EPP product attribtitcB. ]"he portfolio spans in.ore than 600 brands across 672 product c�JtegorieS, NJTG Lha31 15% 01' Gcain cr suppliers offcr products featured within. our EPP poilfolicp. 1i'or a product to l)e classified aw 0 iiM1111 enLall* pi clerablc it mast maintain one or more oiivironmcntdly prcfernble attributes or third-party c;ei'til ntion5 such Its Water ense5, ENERGY STAR-91 or Gx(,,i Seal. Our suppliers infon'n Citaijiger of the product certifications and attributes the praduvits may carry. An indepejtdent 3rd Parte, Underwriters Laboratory Inc. (UL Hiivironrnent), verifies die via.biJity of the. certification or avibute cNim . Grainger works }with UL Inn, to ensure that the most current certiificatimn and attribute o])tiowi are idents find. Tho City of Tucson axed OMNIA ]17omht� rs omn easily identify ewirckrimemally prellerable products on Graingcncorn by searclii.ng for products with rear Loaf jQon. This indicates that the select product has a UL validated corritication andlcr attribute. On Graiuger,cc}m } n7eml er.9 cxn i Jter iny product sektrch results tovie%v env 1 mimiental ly preferable Options, Grainger EPP Par ti'oHo -Product Gertiiic€rlions &Certificatioji Bodies; i X716. piofffi M41 ' 4rdn►neMep CCGI�9¢, GreenGueN. € � Eefo4Yasle'lo Pmducl. ' '019�1LYr. (=.flGQgy+S14� Gad i3O or FSGiiky oeetalsu n 1 9daG�n 'SG9.fndoor C.erh7wd F]u'slelnable 41'aSnr6errse SofCr pihk��r Or4dh Sbnl eemoafree � I Adts�lege lS�rha�ed �rllralloe rl}� i FPrasl SMART f¢SF 11L0 511qq 11,1,0LC NE;k1A EnErgM . 8 s ihlp Co illcd CeriHlod Prc f. -�iln9 P, 1,1' Frenliw► Awes i E2ooe�rAkilPkk'eVdC�91�r4 7 HVI prPdt el dnslCu4e 9RiOre on, rih�Fe1 f}1rx k �h10 Cehitled l el Lla6ed Regmenartle Grainge�''s env iron menLaIly pre rrod product por€folio is featured on the Green Resources landing page oai Grainger,coin. f Requirements for National Cooperative Contract Page 16 of 44 Page 483 of 1743 OMENTA PARTIVT'.RS EXMBTTS GRAINGER, VXJTTRTT A-RUSPO SV FOR NXIIONAL Coon-Rxir -E coNw ACT j irrjr Environmental. Services: Grid ngur >L.,ighting Solutions (GLS) and C'rrainger Enorgy Serviceti (QRS) provide a Network of rlm lifik-d, inHLLred rxrld licensed service providers to Lip idcntii� and faciliutw energy savings projects. I,`.plkifmi HVAC Molorwilier r Retmrll8 64'aiuieIIdIIt;e &D;;7e Cuiia;er.mtiam &Llpa odes ML0P(I lUS 4powd"s Up1jraams Steam Systom EIGCIrYCL%aI1lclG Compro"I[I AIr. OwI l Culluuiivj` fly A55es9P0e05i chnoinflStlian S�rst6fflSlWies& SNIZIMM�ifAwles& 1lppra�kx I#��Exrra'_;W�� lpyft4dH� lSp��lrrlolr.5 Coin prcbensiv� Services 'Include: Multiple Energy and Water• Sa-ving solutions Audit and Fil].111Cial Ankdysil Maleria1, C,uiit'iMr axial Praject Mariagt Trent � Installation by Qualiflod, ln.surcd and Licensed Scrivce Partliers indenti-I!oaitc>n of AppIic.ahle Tnc:enHvos and Rebates Disposal and Recycling i For r>nr>re i>,>.formaflion visit the G rainger E.ne>:n Services lanain.g purge on Grainger.com. Hazardous )I_Zecycling Senices: Grainger's recycling services solve the disposal of env ironnteliml ly l a7vdoLit4 b L0hs. dry batted o. and balIwits . I. Regehible Kit&. Speciilized reoyclhig kits Bor lluolx:scent lamps, bullasv, or dry batteries, provideE, a turnkey se�,ice For one gill-inclusive price, For larger volume needs, Grainger ofbis hull: pick-up. We will custom design # progr4tn that works foo you, This service kimps, ballasts, batteries, elcetronies, and mereury. f i L'ach kit includes: i # Special lJNll:]0T appxnved container + Pre-printed h1bel With inwta'LlctiOn5 Toll-free n>.mbcr for pielcl.>ip • Certificate of recl€tniation 2.. Grainger 13rancli Programs: Grainger offers Qustoaxles oppoiltlnity to dcpoAt recyclable itom" in Collection bo es Cbi� no additional diarge ixi Grainger branches trough our parLnership with. EnviroLigri spccializccl rec��clil�g services. 3, Additional Supplier Based Program,: Cil{Ginger works wiLb key suppliers to provide the following no-fee and fee-based programs, • C;rainger offers recycling kits availablc for purchase on Graingeim orfl BOT m.aay itelrls provided by FV FRHCil17S, RECYCL KPAK & x Requirements for National Cooperative Contract Page 17 of 44 Page 484 of 1743 OMNIA PARTNE 118 EX I-I:113VI'S G AINGE n EX111131T.4-RTSiPONSF.FOR NAT]ONAL COOPLRtsiTIVE CONTRACT rrijr SUJ'PLYPAK. Details and kit spc6fications Qml he obtained by entering the searclx terns"recycling ki(,;" on Cra.ingcr,com, a Gcorgia-Pacific's (GP) Dispenscr Rdbjn Dish, Recycl(,-, R-,kise .KKK Prugr'ain PI oOvldcs a no-clirta'ge ejad of life solution Jbr old paper towel and whet paper GP removes. old dispenticrs tnrd UCLISes C(]]11porients In r77anuqretuTing ri ow prod uc[s. Dispensers arc picked ul) at the end user's location, + Gt!orgia-Pacilic;provides a ixo r.Nu-ga service to reduce the nurnboi•of batteries ire IZ31 1IIli in pkillnorsltip with CALL2Rl-CYQLE'. 7.hrougb this service, boxes are provided to customers fir collect€oii of used batteries. Boxe,, aru picked up at thc� facility and aiew boxes proviJed for continued collection and environmental d€sposition, # GOJO will ccoordinate rezxaoval, tTaiis;p }i'L and su&Lgi tblc disposal of old lurid scram and sanitizer dispenser materials when r.ompleLing a GOJO man4ged disperser installation project. 3 • For Members Milixing LOCTITEZ Ancrobics or flight Cure 3 Technologies, B-,nkel of:ifer% �i sah&on to help Incet rceyeling goals and recycele items that were prcvlously icon-recyclable, T}rotigh U pa1t11crsl1ip with rF,,.r,,C.Y,j,fTO, boxes can be pui hased enabling a convenient return shipping and recycling. 0 SWIQy 13hwk & Dockor offers a no-charge end of life s�luticrn Bov a 1 I; L1", 13JACTUDECKER ST.,kNLEY TOOLS & f3OSTITOXX bran&. • TyvA , Prowotive Apparel can be recycled through DLIPOJtt's Rccycling Program. Gra inger'is Mid-Stre2in I1tility Rc;lbato Pro ram. For the City of Tucson and OMNIA lvXtmht N in ellbible zip codes. Gminger ideaitities utility m.batos app]ieablo to LUD Lighting and sinriILu-.prOj=S. r {i_ Dewl'ihe any diversit3, programs or partneri supplier does business with and how Participating Agencies may lose divcrsc paruxers thr OLLgb the Master gr'eenerrt. lndicatc how, if at all, pricing Gran es whoin using dw diversity program, Crauiger €ias t�vc) cc»v }programs promoting diversity, in both progi-erns, all pricing is accessible and providod in this Master Agrecinont. l Requirements for National Cooperative Contract Page 18 of 44 Page 485 of 1743 I IN.1A PARTNU16 EXHIBITS GRAM , EXI:U131'1'A-RES PONS-E, FOR NAT[ONILCOOPERATIVE CONTRACT Jill The programs are; 1. Tier II: Grainger',i Supplier Diversity Program . 'Tier l;: Distributor Allimice Program Grainger's Tier 11 Supplier Diversity Program XJ Supplier Divclsit-- l'rognun ATords ti,t! Cite of Tucson and OM NIA M(�j nbcrs access to diverse manufactunrs �utd stipplier� through our CaLalogS and disLribLIL1011 ,+ olumneJs. StarLed in 1999, Cn"iaingcCs. Supplier Diversity [}rognim is desigm--d to gl'oW Lhis sector Of the ccanolaayV While,helI)Ing cugomers get tlieir_jAs clone with duality pi-oductS frons Diverse Business F 11terpriscs (D]IEL,). I Cmbiger's Tier 11 Supplier Diversity program inchides over 270 DBEs, and ofiTcrs more titan 91.,000 items across 1610= product categc}ries, Grainger also offers products from over 20100 Sinull Business Enterprises (S111=.$), oflering more ' than 300,000 products. The model allows DBEs to concentrate oil whM Lbey+ do I)esL and lease tJie logistics and distribution oftheivpl+oducts to Clraiinger, Gra, istgct's Tier TI Supplier DivursiLy Program provides Members access to DB prr)duots through gall of our ordering methods (Grainger-coin, Redbook Catalog, phone, fax, walk-in, etc.), and distribution ohannels. Graiinger's customers benefit frorn cine-stop shopping. Registered suppliers are audited mondily to maintain active supplier diversity c-,j-tifieates. Supplier diversity reporting avaHable upon request. Products fr"Orn diverse J}USlRt-54CS are feflturffd on Graingg i-.cujn: # proGets from diverse nsan>afactus rs [Lod suppliers a� ¢ idt,ntified oil Orainger'w website and within our catulog and index wiith the dives`sity symboJ to die right. 6 C'ustonj.ea-s call locate the ()-flerillg fron., diverse suppliers by , ,irching"Sulpplier Diivcrsity" ou Graingcncorn. * Additionally, customers caal Biter on the left-sidebai- by "Supplier s s 1:)iversify" while se�irQhing on Cminge3.cr�lti. Supplier" rrcruftTnent is cantznuous at (3raj3x5'er. Our company wcbsite Includes a link to the supplier"diversity regkM7atit)n poral. Cer[ified businev Qs that rcgister arc availabJe i"or referrals to purchasing officers when PrOdLIci review, UT, or Spot bity[118 ol)Porf LIlidcs occur. tv 1'Jn cr includes DBL-:s h] niev,ting unigtiie product reyuircnncnts through Gra.iliger's Sourcing program, if products ars Ilut cuu"rently availab.le iia raingcr's general catalog. In 2018, 180 T)B s, and 17010 SBEs particlp�Led in Cjrainger°s Sourcing pay}gram. Grainger promotes the number a products ac-quired frorn diverse companies in several ,,,qLy$. Ciraiuger is a corporate line sber of the Wome,n's BWdni�gs F.i- rprise 1 akwal Council (W13ENQ and has been a me-,mbev of Lhc National LGBT C.hainbcr of Commerce (NGLCC) since 2014, Crrainger part]cip4Le~, ill numerons confer"enccs and sea.1ainum to assist ciivcwrse busjnv,w yes to further f Requirements for National Cooperative Contract Page 19 of 44 Page 486 of 1743 OTVf IA PARTNERS R 'HTBT'Y'S MAINGER, MIX 511 A-MESPONSL FOR NATIONAL C001'kIRA'>_`IVY,COINTRAC:T MIA establish or strengthen themsc4ves. Uxaingea-'s Portal invites diverse suppliers to consider dolltj� business with GrainFev. Graingcr pursuos outreach opportunities with divcrse organizations to understand their member offerillipi and Lo prckmoto, oppor(unitles ,;'Ith Grainger. Tliese inc lode the following; ■ National Minority SLipp lierTDevelopmoil tCouncil (Nlv1SDC) • omen's Business Entcrpriso Xaiional Council (WBEINQ ■ Small )3tlsiness Admiz)is#.ration (S)I.A) • Natio nRI Gay and llesbian Chap-rlher o['Gommcrcc (NGLCG) Veteran Owned Businesses + �rrctertLn ,4ssc�ciLrticm� Grainger's Tier I Distributor Alliance Program I C sing('r's Diseibutor AlllariQe Pr)gr#nn reg)orlds to coporato and overnrrl t regulatory and policy 17ecluire111cats as to buying MRC) goods and services from Viverse Busiliess Enterprises(DBEs), ! I Since 2006.the Distibutor A 11iancc (DA) Program has hell)ed customers support ! DBF,s while consolidating MRO pwQha i. {fiver 50 DA DBE resell the entil - 1.7 million products offbred by Grainger and provide services to customers with procuz,E�mvmt goul� to cupporl shall husinl,sses and provide empk ymelat opportunities to women, minority and vetzran-owrked bijsblQs:se5- 'l.'lie ISA DBL? is one of (lie many points of contact for the custojncr, including Grainger hmi11e58 rnailagers Who mentor T)BF% alxd act as a liaison an-komg Grainger, the } end custon7cr and the DA DBL. i 11 o monitor oach DBE's perrornnanccc with a monthly balanced scorccard. We provide feedback and ofTer ussi%Unce in pt-rfbji-nanoo areas where improvement is accdcd. We seek to providc meaningful focus in pragmatic areashere. I efficiency can be pined and efleuiveness can he ilnprovnd. � Grainger's Distributor Alliance is also a monbcr of the National Millority Supplief- DeveIopment CounciI and supports several NMSDC Rj-'giofW Councils. We Lira onrporiole iriolnhun of the NI-roman's Business Enterprise Notional � Counch. Wc rrcrillt diverse suppliers for line review a17d custoincr proposal L}l}POALulZtles by purLicipating in M/WBE Business Opportunity Fairy; and ether events that support M/WBE businesses. H. Describe any historically undoruf[Ered business certifications stipplkr holds and the =6f} rg agen.cy. This xray include business enterprises such as minoriLy and w.omen ow.ned, small or disadvantaged, disable vctcrans, ctc. Grainger is a large business. f Req uirements far National Coopemtive Contract Page 20 of 44 Page 487 of 1743 OMNIA PART1. E RS )CXIM311 S i RAl1 ME EXHJLBJ T A-I&SPONSE i'OR-S ATIONAL COOPEPLITIVL CONTRACT a PAr T. Describe how supplier differentiates itsel I"1'rorn its competitors, f In addition to 0,ainger'w product. breadth and wpply rAain strength as previously stared, Grainger understauids the cNdleligos public sector ageaiJes face in cal-l"ying ouL responsibilities, We compreheald the appropriations and budget cycles that provide agency funding kind the procrlre,-mel.xt procedures agencia. nlust 110110nV Iiu' coinpetitivc and transparent purchasil7g. Oil own pros-cdures and systems are designed Anel ilY1pl01`nCn1Cd to fulfill these requirements. Grainger Sales and Team mccnibers receive annual LAhics and comphalice training fbQ wQd ' on the goveminunt sector, I Graingoi, Gov-cimme t. Sales Teare member- tiro; dedicawd solely to the public sector. Beyond understanding the challcnges noted above, the ckvernlnent Team has insight to goveninent-oriented products and services and brkng gretiwr expertise Auld availability to die customor. 1"he Government Tcarn has deep understanding of goveivnicill programs addressing siinEdl bu�,n,es,i uppormnives and prurnoting onVironlTmontal products. I T, Deweribe any present or past litigation, bankruptcy or reorganization involving supplier, NY'.-4'. Cir singer. Inc. is a publicly held Qomp�uly with over 25,750 employees, numerous Jocatiolxs, h1VOlved in inic national opel7atiouv,, aild is party to thousands of contracts and cth.er.relationship%. Fvom tune to tune the Company is involved in variouq other legal and administrative proceedings that are incidental to its business, including Mated in product liability, general n.egligealc e, contract disputes, e.nvii\nnnncntal issues, wage #uld 11OUr laws, inwllectuai proporty, employment praf:tkc ,�, regulallory coinpliaiwe or other matters and actions. brought by employees, consupners, colltpctitors, suppliers or go,,,crnmental M EX government meat contractor Selling. to fe(4-11d. "Ute kind lc)c�ll g,)ernmelital entities, Clic Company is also subject to govcrmmcntal or regulatory inquiries ur audiN oi, ntltcr proceedings, including these rekited to pricilig colapl ialrco. It is not expected thElt the ultirnaEe resolution of aay of these matters w.i11 have, ertht5r i rl di vi dUa I IV or in the aggVgate; a alwerial ktdv erre e1"lest on the Company's consolidated financhil positiol, oi, j•esults of operations. While Grainger camiot provide, you wiIll all uCthc specific inforniatioll you requesi with irespecl to each lawsuit, G vainger alai stale tluiL, Lek the best of its knowledge and bclicf, without conducting exlmusilvc inn-cstigations car inquirle5, there are no knv�uil� that, if' unfavorably concluded #Egainst this company would have a material adverse impact on its fin ail cial condition or a.bii lity to do business, , Felony Corn-iction Notice; Indicate if the supplier a, is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operatcd by anyonc who has been coilviewd of a felony; air c. is owned or operated by tend individual(s) who has been convioted ol" i Requirements for National Cooperative Contract Page 21 of 44 Page 488 of 1743 L IMYI'A-RESPONSEPURN-V1IONAL (:OORE,RATIYL CONTRACT alfre a felony tu7d provide the names and convictions. 1. As a pttbIicaUy 11eJd corporation, tliis re.poalizag recluirea-sent is not applicablo. L. Dcsedbe any dcbaimfmm( or suspension actions L%Un against supplier Not applicable as no debartt mt or 4uspeas ion ha been tWJ en against stippl ier A. Describe the furl l line cif producLN Fuld sei-vice4 offered by tiuppliOt. Graingcr's proposal encompasses its entire catalog of 1.7 million MHO products and Services covering 32 MRC} cutegurie% kind the: expoi'ti�ie of G alaluer einployees, Chir offez•iplg craptures the routine. to specialize'-d M1W product or service; it is supplemetiti:d b�� soorcing proficiencry. The port�Jholio is continually r,-i+anced to meet: evolvirxg Wv tuber deeds. r'mduc't� cover the f(flowing categorim Tn addition to the roluirolrlonU listod in this RFP, Grainger is offering its complete catalog which inclades: Abrasives. Acillesive , Sealants and Tame, Cloning and Janitorial, Electrical, Electronics, Appliances and 13Mwries, l.iasteners. Heet and Vehicle Mau)tenailce, l"unliture, T`lc)sphaliity and Food Seiwicc, H AC and Refrigeration, Hardware, Hydraulics, i Lab Supplies. l.Jghting, Lubrication. Machining, Material Htrlxdlizlg, Motors, � Off1cc Supplies, Outdoor Equipment. Paint. Equipment and Supplies. Plumbing. l'neLlmatli:5; Po er Trkiiiwlission, Porcps, Raw Materials, Reference and Lcarning Supplies, Safety, 5erwrity, Enlergcncy Preparedness, Test InM-uarle❑ts, Toc)ls, and Welding, i Serviecs include: Gralner's proposal set-view illustrated below will b�" made available to the City of 'Yuosoai maid .Participating Agencios, aiad OVINIA Memb-ors inClUdc' Competitive Price Oft-r + Ma seting, Administfati ,-, Sales Suppoit sourcing oftare Pulwb-otit Cap abifity Installation. Repair, Maintcnwicc & Turnkcy Solutions & Services Tin verltory 801LGti011'3 s177Ell I J3usinew"pro rain a�e>n 15ustfli�x�lbility T�rc�gr�►�xls Trainiug & Education Customer Suppori Services Gluier services offered: 1, Snf ty Jin-Field SpecialiA A-wsessmenk 2. Online Solution Center i+ Requirements for National Cooperative Contract Page 22 of 44 Page 489 of 1743 ON IA PAREN FY S 1fXHIBITS GRAMER, Ei , 1EXHIB1T A-RESPONSE FOR N hTIONAL C.'OOP RATIVE CON HA.CT ; t 3, KeepStock Inventory Managernvw Solut10115 a. Vi-,ndor-Managed Solutions b. ustomcr-M,aIagEd Solutions 4, C'onsult.io)g Servitccs 5. Cimingers I-ootwear PrograIII fl. Shoelilobilc Solution 6. Emergeicy Preparedness Scliices 7. Keep,S Luck FE;c Based Solutions €E, Mailagvd MRC) b, eep tof* QrganiLo 8, Safety Services and'fechnioal Training 9. Energy er�+ices 1 . I.,iKIlLing Solices l 1. J aeility erxrices i J2. Custom Product Cezlter .s new serviceF, become availrible, Grainger will ailtomatically- Inalce thein available for all Participating Agencies and OMNIA -Members. � B. Describe how supplier proposes to distribuLe the products.`serviov, ; nfli.ion,wide. hic-lude ally slaws whcre products kind sorviecs will not be ofJ~ered udder the Mastcr Agreement, including U,S, Terri tori es and Outlying Areas. Grainge.v's company owned supply chain makes illventary available to custcalti:rs on a jllst-time-time basis, Grainger branchos and DCs tailor hivenlory to Ml -, ber lomtion demands to ensure product is avaiJable Tor iminediate pick- up, Sarno-day shlpilnent or same-day delivbiy- Products and services at� o(T-l;red thirougliow the U11€t>ud States,the,DkAcl of Co and US Tcrritaries. (arainger ships in stock items oji the same day 96% of the lime when the order is recciv-M by 4;00 p.m. Iocal time. Using c'0111inOrcial carrier-s, customers mceiV0 � rnoSt wl,iprncnts the follo'vErlg hLE41ness day. Graijiger fulfills 95'0 of orders %? ichlli 2' se's ice day q, and 99% within 3 &ys. Grainger uses locid dclivery sources, s Such as niessel er services cr oommoli carriicrs, for ejuergency dc]i��cries. As to services. Grainger teams and its supplier% help customc� rs manage inventofy. pl'nvlde ,Eillety and onsite tl~tWing, ijnplement elaergy elliclencles, suswin4ble programs and facility irnprcvcments by ensuring they are presezlted ' ilu: right se.rvEces to erLiiance dicir openitlons and create efficiejwie4. . TdellLify all other companies that will be inyolvcd hi processing; handling or shipping the producisiservice to the eiid user. Grainger teLun members process all orders for end users, including assistaalce Provided by our contact celtters. Grainger engages third pai-ty carrier comp4nieti to deliver orders to o uv customers, So>nae third party suppliers or n1 all 0facturcrs l Requirements for National Cooperative Contract Page 23 of 44 Page 490 of 1743 011NIA PART ERS EXHIBITS AUMr 1 I11DITA-RiSSPON SE FOR NATTONALCOOPRRATTVEC:{INTjucr JPJ(1 III ay sllip product direct til (iraingcr cusLomers. 1), Provide elle numl)er, size Lind locaiion of Supplier's distribution facilities, w.archouscs and 'ctail ncmwk as applicable. CiraingeF's logistic uemork includes 250 brimeh locations and 14 diAritnitim Cer►Lers (DC:s), Graingcr's over $1.3 biIHoln 111 oii-hx iki d 11 vq� ntory i5 support,ed by #1 network of over 4,2'00 Grainger Ivey suppliers and nlanr,l'acturers, Branch Network- aach of the 250 brmclies carries on ave-T'ige $1 million in ilnvelntoly Witlxin 23,000 square feei aild has nn averago of 13 c jnplcoyees. All branch locations operate Mondfly—Friday, 8a11, — 51,pr1 loQEd tilde. Opening hole's may vary. l3rEllxcll team lnemhers will assist the City of Tucson and OMNIA Members with the following ser�ice�: Consult and advise witli customers based (in heeds earr,11 Auld �0OUpV0dLWLs • Purchase products to ai;quire goods saiiw clay Wi1I-Cal I services -for phone or intcrnot order I o Ma CUAoliner-spt!Cit) ill V011tory �y .kid fl V�kh.. W -ilk Cqaturnpr alk _ I I hr azV 'PrduatiriVniFy- 850(imdn:hartd ihvepkoly: Dock C . *:�ixf9tpri?er.8peci�c�nv�hlary•. . P�hwa{'[�OVMOSKU9 iholimaflto*-belts, �ntr,rece r Q rs;harsd'an .e roteck'on f oiram Fhiwyienle P. 1. :fusg lid �2eFies,tod5a� 'b kkerlesa euaoomera :. with GTdeF aind pick-up t Sa Of t9rTwal Some call and x employee Above Ls a typical Grainger brr nd� design Distribution Centers; Grainger DC's range in size from 35,000 to 1,500,000 milliolt square feet; 5 exceed 1,000,000 squ= feet. Stocking mclre. Lhan 100,000 I Requirements for National Cooperative Contract Page 24 of 44 Page 491 of 1743 OMNIA PARTNERS EXHIBITS GRAMMR. L 11LBrI'A-RLSPONSE FOR NATION AL COOPERATIVE CONTRACT Mot of fisc fastest selling products, Grainger", technology s "Lents and equipixlent eiif hle ITIMA cu',(01r1e1'ordear5 Emd brancli inventmy i plcnishlnem to be mot by Cie Ws, Th' Xs ship ordeis directly to Ehc enstoim-r or bMnoh lavation. The following chit pji ovi&� details as to each DC, . •-x �� .k�y?Y�:{'`;�:=' t� .' :_4$,v '�` ` ,c'��_'_ ' � tier�titr;s`711Y-e' W�?�fa�i.�6z;>z;�:�i'ff�{t3 -�,,T-r fC8lxbaS �Ip,ks$ 9 4I,q;0 '1,340JIDU T54,100,00U 266 dmi rivog.isd. I .3mooe ,400{9.30 . 03,490 040. 4402 PiMere*n, CA i _?. O,U U 820,4Q0 coed �MtL�vsRl, MJ �783,Opk t,300,ODLti J _ f 1i3,�40+ .00J _ 6!h _ I f Val'.J20, 7.ipbo 45,'0011' ,$6;100,0W. 7 80 Plymouth,MN So'n0 35.060 - �tS.000,n, � �s 41Ie,1r A T_ 1 S, QO - -uT3;D0 s la,400,040 40' Mira Lompi,(,A 181,000 W,000 $40,400,040 1611 clmlond;W. � 1.34,1 .O 3�{.M0. ��Ir�,600:C14D 218 De11ar-,7X 150' 0 HOMO MA01)r800� 32?�.Tj { Jtacksrra 11 r-L im,010 -2 , 000 IM,4wroo 146 t, upwven, MG 'lv.014 230,000 S:2,8w.000 144 � Low�Iwi�t ;K1 j 74,4Q 1,5130,E U0—_ — r�iy abar�nioroe n who 7�4 . ' f l f� ;;�;•:�. , � '.sus 1 ' *7 y. ? *4f Y, 'a�� r��";CC+k7Tr'��;�f•11 t� �d�'3`e'�-J �3y��" :fit • bomb • Diutrlbu.bn Cerner Grrrirlgcr njuintalrn 250 branch and 14 distribution centers slratc lcally located throaghout all three Government r'e ion.v in the US. Requirements for National Cooperative Contract Page 25 of 44 Page 492 of 1743 0,l1.# RTNE16 EXHIBITS EXHIBIT A-RLSPONS-E FOR 1NXF101SiLL.COUPER. TIVE CONTRACT I��rr A. Provide a dcutilcd tlincty-day plan beginning from award date of Lhc Meter Agreement descrihing the strategy to i nmediately implellletlt the lvlaster Agreelncat as supplier's primary go to market strategy for Public Agencies tO NLipp Ii01"S teaill% ]latioil wide. to 1ne Iude, 11UL n o I limited to, U pon av.aiA, Graiingcr evilI tncet with Osl{NIA Partners to bu ild a colnpruhewlivo ' 90 clLly pIf111 tq llleet tht 0bjOC VeS Of al i.OVO I Vt,d. Cirtlinger's -0aI is to exec-Ute on all initiatives and strategics succcss-ful tinder our curNnt contract and to cnhance el'lnrts. The follovvin,, plans can bo c;ust�)mized to meet ii1divicluL11 �lgezlcy needs cls we contil our successfill rirtnti: lip. Our efforts will be based on actual pLLIVhase histories under the existing City. of Tucsolt AgreenlenL j whir ft rklls cin Iruyillg pate j:ns and product denlaild to htrget needs. Grainger j believes that the unique offering this clantract provides will meet or exceed the j naveds of the Gild of Tucson Lind �'lemher olrlst{l-nle,le,". i, Fxecutive IlInidership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 clays Withili the #int 10 days, OMNIA. w)d Grailager Executive T.Ca&lrskip ;?611 cstabfish initial goals and o61cctives. Grainger Executive Leadership Wi11 Circulate email nodficlittions, voice lnessages and company intrailet messages to Grainger team mcinbcrs announcing the new Mastcr Agroemont. These messages will endorse the new Master Agrceitlent as a visible optioJl for Participating Public Fmities and will highlight its value and bolYafiis. Sellers will he equipped with information to position the new 11 Amer Agn ment to promote succews OF our PORtic)JIShip, Scheduling for specific call to actions. items will be communicated to the [fever Me-111 teftlll 0LlLliniilg the fo110 Finn next steps. ii, 'Training and ed><<cfttion of Supplier's natiolial stiles farce vv'ith i participation from the Supplier's cxccrltivc leadership, along with the OMNIA Partners team within first 90 days i In addition to the Projea Schedule detailed Wow, Graingen's 90 duty implelnentation plan includes educating our national overnJmnt Sales � 1i)rce and the ONMN1A Par[ixe3•3 team cm Lhe PrcLtwos and beile-lits of our I neve Master Agreement. The training purl includes has two main phases. Phase 1; Grainger will work with City of"Tucson and OMNIA Partners #calm to develop traiiiiing rnaterl#tI,S to incorporate 11-w bellefitsx products and scrvices provided tinder the new Master Agreement. On]inc traiilijig will be prepared for presentation via delivery tlilough. a Web-fix format on a rogional basis to the national audlenec. The training materil will provide an overview of the new Master Agreenllent and hove die Grainger teaill in emheT5 will deliver service L111d sol 0Oills. Req u!Te ments for National Cooperative Contract Page 26 of 44 Page 493 of 1743 EXHIBIT A-RL Pt}NSE FOR NATIONAL COOPl+lU'IIVL CONTRACT rjrir Tridning Materials include- � 1. 1�et�rilecl ax+arketia� brochure . Co-brxided one page ctlstonncr-Racing rrlarkedng flyer 3. internal Covaraut Overview PPT Deck fur Grainger training C Update 0A1NIA Paam(-,rs — 1'arll)Uc 4ect)r ).alziding Page witl) City ofTucsort award dc€ails to edLrca€e potential eustomus 5, Fduceing minger Sirle�,Force kis to OMNIA Public Sector values Phase : Training will be rolled out regiojudly, witli cndorsemcent from Gj,ainger and OMNIA Partaters' Public Sector exccutivcc leadership, to all G-rainger and ONI.NIA. llaitrkers' 1'arblic Sector customer-facing employces and phone associates. Graringcr eCojiunerce custoincr sej-vice representatives will participate, in the Liuffiing to ensure Voilsistealcy of i experience In delivering the e-C:ojaimff ce solutions. Otfity w n7s tanned include; Customer Servieo (Call Centers and Blanches), inverrtovy Management, and cthers assaciaated with Q.ovtraect h1w)ch. Tndning wil l be tracked to t iiswre tha l a]I n atiom l sales employees 1)ave successfully completed the training. B. Provide a dotailed ninety-day plan beginning from award date of the Master A reernvent describing the strategy to Market the Magler Agreement to currcmt Participating Public Agcno1c% existing PubLe Agency customers oi' i ullrlier, im as to prospective Public Agenciies nationwide irnmediately upon award, to include, but not limited to: [Gunner's 90 clay plan consists of three phases: F i (coal: Promote and levera c the value of City of 'I'lloson/O N1A Pm-LicFs contract, obtain and sign Affiliation dOcul1lents rind activate contract ierms. l Tlamugh a Grainger°s dedicated Government Sales force, digital marketing and f trade publications, Grainger vAll target ourrent City of Tucson and OMNIA I Partners entities to explain Lhe heneliis of Clio new master agivemeni so each entity can rca.lize the new contract's value. Grainger's Govea7iinent Sales Maanager's will Prk)ritize C1rai11gel-'s curivit City o['Tuown and 01 1iA Miner, : i?nt€tics. Grainger will also pursue other entities currently not pard6pating render the City of Tucson and C3WTA Parinerq Qonitj`aut, City of Tucson and 014ILM,A.Partners ImplementatioD Kick-off Gntingcr Resources: Grainger Leadership Team, OMNIA Sales Team, Goverammt Salcs Managers. Account Managers. Account Relationship Maailaagers, Customer Service, Covporate Coinmunicaitioiis Team, Marketing Team Requirements for National Cooperative Contract Page 27 of 44 Page 494 of 1743 O'NINIA J13/VR'Jr FRS EX.11a.1.131T EXHIBIT A-RESPONSE FOR NATIONAL COOPLILiTIVE COMILIC.''1' flat {;r€iin.ger/1.e.(inns • Conduct- national €ind regional conforence calls internally with Grainger Fwcutive% providing the details of the City of Tuosonr'Ol fi "'IA Paruiei� Public Sector agieelrlcnt and hnplclncntation p1ai1, Th' - age-,ii& includes an overvic w of the products and servjoos Grauigor will pt'ovide Mc mbers, a list of ley .Nlembe i, Ieaders, € id specific assignments for the, Gmainger )-: eQutive teatii. Conduct national and regional conference calls widi Grainger Owermiwnt Salc6i Force. Trailing will he rolled out i:cgjonally, with endorsemollt from CiraingF,-•and 0MINIA.Partilers oxocutive le€dcl rship, to all. Grainger and OMNIA Paimor team members. Graingcr`s participants inchide. Fill sales End «perfitions personnel. Execute C o-br€ uded Marketing Plan to edm rte cv ito hers on tlxe beilefits of the new Master Agrccment through digital markoting and trade pul�lic�itic�n�. I • Develop and distribute the initial "-branded prc�,; relcafse; to teu•peted domographics. profiling thc� Agre ment's values. manger, City of '1'ucs011 and ONTNTA Partneri Evill iiicnVy a targeted list and publications for the pfcCss release aad other co11llnunicatlons. t Activate City of Tucson and OMNIA Pnrtilers dedicatKI. online porta] as €i teal to educ€ale cLlstomerq oro the beneit�i of the conLraot Find tools Wid 1'eSouroes to ass]A in the AM liation process. 1Gseciitian lOi' City of 'l'ucsoii and OMNIA Partners Txisting and New Participating pend Prospective Membem i • Grainger will leverage. its SUU+ strong Gov rcxnmeilt sales force to pionicte €i€act J�iuiich the cx)1xraQ[ thrOLlgll errs€til and face to fi= me*etuigs with Gity of RICS017 custom-'rs. • Continue to engage wad market to Iirospective customers to hig.-lilight alld f,xplain the benefits, of the new City of Turn mi €tact OTVT iA Partncr� agroon-icnt. Co-brand marketing imatorial created and delivered through social media, Cirainger ebsito (wwvv, i•ainger.c c m), and other modhl channels. • Lead rFgional calf be.tweerl Gr€iingor and OMNIA Partnevs to review afliIiaLion progress, ne,�v targL4t; and ous�tomer satisfaction. • Work in cooidinaion.with. City of Tucson and OM NJA. PEirto -rs to icientifv trade shmvs, con fe rencew or pub Iic zttion,,to mark the n(nA' agreement. - • Activate pricing for aftiIiated customers with in 48 h€}urs of'affiIlatioil to nt cc�ntraot. Requirements for National Cooperative Contract Page 28 of 44 Page 495 of 1743 EXHIBIT A- RESPONSE MRN_4TIONAL (:Cl{IYmi ,iVE CON WWI' tr�� Maw IT: Identify and Execute-Comt Sq�Lings Solutions I Goal: Un&rstanci individual customer's goals and a1litia1iVt!% L[} allow Grainger Lo Ioverage.the Ful] value cel'Lhu TLIUM)nl01{11NIA agreement.. * Orainger will G011tiTlue 10 1everE1ge its 500—' strong Govemnicnt Salos force to understand customer goals aJld initiatives to align resources W implement cosi SaV111g t111d valLICd add solutions flowing from the contract. » Levera le safes toohJ re�oul-e,i such as Salesforce (tradcma k) to ctlsurc rainger is touchij]g all Pow'Utial Contaac WiLhi11 eLldl customul' Co explain a Elle belle fits of(lie lvlasEer Agrccincr1t. & Begin CDT1dLLC1111g QL18rIeflV BLlsiness )Rovicws to rcvjcGv cost savings and i refine targets to meat objectives, Goal: Evaluate initial benchmarks and refilue based on newly identified opportunities. * Maintain progl`am murketing, including participatii7g in OMNIA events, trade shows, conferences and other venues to promote the (;C11*aa, ;j 0 Pac-ilitate i olnthly regional malls beMeen 0-aingur and OA TA Partners ffeld -sales to review affiliations, new target, aild oppoitunities for iilipra{+enn.ezl.t. ; + Refine th1" marketing plan baween Gramgeir and OlvlNLA P.gxtllcrs targeting customers for relevant solutions driving the value outFiled in the Master Agl�ement. Marketing and Promotion Plan. i. Creation and distribution +.A' a co-branded press release to trade publications ` Grainger will work with and support Ci Ly oFTLLc;so11 wlJ 0 M- NTA Nrtnel.� � 111 reCning and disiributing the now co-branded press release. Grainger, City of Tucson and OAIN I.Partners wjII lurdia -r identify a TarguL0-list of pub]icatioTns for ills p1 ss toIcaso and other related communications. 1!. 11ilovn{}e117enL. contract details and comact iinformation published on die Supplier's website witllin first 90 day s Graingor will publish an announcement to our employees on our ded.icatcd ijiterjial corporate website highlighting the features and benefiis of' tho new Master Agi cnlctlt. (Phase 1) Grainger will update the Ir Requirements for National Cooperative Contract Page 29 of 44 Page 496 of 1743 OMNIA PARTNERS EXHIBITS GRAINGM IPXI11131'1'A-RFSPO SE TSR NATTONAi:COOPERATIVE CON j Pjr dedicated O N(A T'artllers page on our internal GorT3omlo website Eck assist in talc training of ofu• Saks team on the new features acrd bellefits of the iVlaswr AgrLellotnt. Design, publication and distribution of co-brandod nnackctiing materials within first 90 days 61'aingel,wi 11 work t Ill. Cil;' of TLICS01l and 0 IlNiA Part>rncrs noarketing tcanito update anal profile the Ixew agree-nieait on the dedicated OMN' lA Paroiers landing page witlnitn tlnc first 30 days of awmd. 'This dedicated kadhIg page wiJ1 proVide custorners with the features, beneyfits, pmducts and services offered through the neer Master Agreement. This portal WiII aT I I OW customers fill W5;y a10M; 5 Lhroitgh the aff11iation process. CTrainy-or will collaborate with the OMNIA Partliers to contiaue and i enhrutce a Go-To-IME7rket plan, inciuding multiple marketing channels � encompassing collateral materials, c-nnail communkattotns and web canter C prollauting 4wajrejiess of Lhts 11 vprogram and usage n C the new agreement. Phase 1) i iii. C;onntnitmcnt to attendance and Wti6pation with M-NTA Vartnex:s 4tnational tional (i.e. NT6P .Annual Fo=n, NPI Confcreace, etc.). regional (i.e. Rf gional NleP C haptel• Meetings, Re-ioilal Cooperative stiminit5, efe; ) and supplier-spcctf e trade shows, conferences and meetings throughoLit the terin of the Aimter AgreemenL Graringei' will exhibit and stall a booth at the NIGP Annual Forton and other national Lard regi ouW li-adt shows. Carairrger wit I Assist and devtlup a gJ'8Legy with Cily of TVcson/0)ANIA Partners nnwLthig efforts at national and»eginuE�l Trade shcaww. iv. Commitirnent to attend, exhibit. �mci pkirticipate at the l iCTP AnnuLtl F[N-Lint in Len aaiva te-su~ryod by C)M- IA Pamicf's fof partner suppliers. Booth space will b - purchased �md stayed by Supplier, in Additicm, Supplier colni-nits to l-t'ovide rea-sonablc assistancc to the ovcrall promotion and marketaa3g effoals fbr theiCTP AnnLrarl Forum, as d'Ll,cctod b V 0 PyiN I A Partmi—s, Gmingcr v,ill attend. exhibit. and pal•ticijnatc. Gni iinger will exhibit and staff rl booth a thie NIOP Annual Forum, Additionally, Grainger will continuc to work �-vlih O-NINIA Partners to participate in additional trade shows and assist the overall promotion and mau•ke[ing ef«rts f()]- t1loll NTGP Annual Fonim. Requirements for National Cooperative Contract Page 30 of 44 Page 497 of 1743 OAINTA PARTNERS EXIIIJ'tlTS GRAMM, E HTBIT A-RESPONSY.FOR N AITO-S AL C OOPERAi'l YE,CONTRACT J iArr V+ Design and publiratinn of ilatio-nal slid regional adverdsing iii traria pci131iGations throughout the term oftlie A+i stcr Agecmcnt A ncw_joInt advertising plfm will bc doyelopcd in collaboration with City of Tucson and {JIANIA Partners mien iill pltmmtcd, including the desig1l and laublication of nEitional and regional ad ertishig in tnide publications aN mutu04 agreed-upon by tht,partie.s. IA, Onguine marketing anr:l promotion of diLc Master Agreenneynt tha'ougl,c}ut iLs tonrr (case stud>es.. collateral pleees, presentations, pjrolnotions, ac,) I Grainger will. Warne itr conjlll]c#ion with OMKIA Partners on marketing and proinotionall (-,ffoju, of the ivlaster Agrecmmt.Cimj ager is Corn flI itted to worldng on developing new co-Minded material addressing case studies col IateraJ pieces And presentations, jlharse 111) vii. Dedicated OV TA Parfii m intcrnat vieb-bused hog-mpagc on Supplier's website with; l MINTA Partlliois standard logo; i Copy of original Xeque;nt I16r Proposal. i - Copy of cDntract and arnendm mU between Principal Procuren,kcm Agency ,ind Supplier; Sulnnnfity oil'Pivducts and pricing; ivlarlccting,�rla#erirxls Clcc-tronic- linlc to (-))AFNTA Partners' website inclUding the onlino rcgistrattoa page; i • A dedicated toll-free number and ennfiil address fur � ClNWIA Pt ftncf-s 1 i Crrrainger ),Jll continue to house and deve]op enhancerm-,pits to the i cxis#iitg GNINIA Public octor landing page i�vbiO can he dccesscsl via tll,e Bellowing link: , xr inger.c �i��l[ritllt artl�erSl ublic This landing page features the ONTNTA Partners standard logo, �1 copy of (lie originaJ Reql,LesL for Proposal, a copy of t Q Q-011tract- "I'lendincnts 4 between pfincipal procuruig agency and Graingcr, a suznr uy of products and pricn)g, iloarlcoting material, an electrosnic link Lo OMNIA partner's online registration page, rind a dedicated toll free numbea• amen amain address for ONTNIA Partners. The landing page will also provide new products, a contrail cwcivia � and five links to solutions to assist ONIXIA and Participating Pijblic Agencies to reduce facilities Costs (Le. Inventory Solution,, Site Audits). (Phase 1[) The City ofTuason/OMNIA farmers rojltract will be highlighted and i Requirements for National Cooperative Contract Page 31 of 44 Page 498 of 1743 OA1NTA PARTNE16 F HIBITS GRAIPMR EXHIBIT A-RES PO E FOR NATIONAL C: OPrRAT1YE CON'1'HA(T i rir lmirkewd. A.fflliatioll information will be proT-ided in the HOW TO PAR'1'1fCIPATE sectioli of the Iand Ing page, C, Descrlbc 1,10w Supplier kvill tr�rll,Nifio l any exlAiltg Public Agency, C'ustolners, accoujits to the Maswr A.greemetn( available nationally d1roligb ClivENIA P,,innerw. Include a list of current cooperative contracts (re-gional alld riational) Supplier holds and dcsciribe hL)}N die Master Agmr--mcnt wvill be }positioned amongt17c other cc}c l�ertifi +c agreemen€s. Upoa) award, cx.isting C;rLIinger customers that are purobasmg products under the existing City of Tucson contract will be appicoaclicd to traliskioll tp the new M aster Agrcernt nt frorn die first day it takes ofi W. N eW pLublic entity eustonems scckiag to use the City of Tucson and OM.N11A Partmrs Master agre't"Mclit will � execute an affaliution documcnt. Affiliation declal'ation can be done electroli cmlly i througli: 1. Dedicated OM- IA Paftiters Widing Mage 2, Graingerxom 3. I-lard copy Grainger wiII support all customers clYoose to access our hrc)Lid product line ; 0%)ugh the City oFTucson f UMN1A Partners LIW Suj 1plics conteact. i Grainger lioI.& ofhercooperative Q-antiacls. Please see Letter ofCIaxlficaiolt, D. Acknowledge Supplier agrees to provide its logos 0 to CIM.�JIA Partners and agrees to provide p(,-rmissioa for l�eprc)duclion of sucl, logo in mzirketing Wnli unicationw and promotions, Aoknowledge rhUt. Luse of 0M'NjA Partners logo will rqu1i:e pel-misAon for reproduction, as well. Thv- cLirr•cnt reciprocal Tradcruark License grcernent, alloy,-ing permksiun for reproduction consisterxt With Oraing-cr's and OV IA Partners guidelines, will be continued, 1 L, Confirm Supplier will be proactive in dirket stiles of Supplier's goods and � services to Public Agcncie-s nationwide and the tilticly follow up to leads established by C1NMA Partners. A.11 srller; ITIaterials �jiv to use the ONl-,NTA Pavoicrs logo. At a inlnimurn,the SLL13111icr's sales initiativos should coMyn Unkatc: vo1iigcr wi 11. educate its Sales Team on the lcev featulvs and benefits of the City of Tucson and OMNIA. Partners contracting process and tlxe Nlilieflts of OMN IA Purmers membership. Grainger requires tliat thte Public Sector Sales Team niembers hake knowledge, uf'the following. i. Master AgreclTncnt was c-ompetitiivcly solicited and publicly aN4aliled by a Principal Procurement Agency iii. BCSt government pric-ing Requirements for National Cooperative Contract Page S2 of 44 Page 499 of 1743 OMNIA PARTNERS EXHIBITS GRAINMR, L IIIRiT A-RESPONSE IUR N-AXION Ai.COOPERATIVE CONTRA CT +rr COmpe:titivc Market pricing — Crrainger's prices for iteln� scald to Buyer will not exceed the price for• the samff, or similar items sold to other gcavcrnincnt custozxr r for ill same of sim11ar gtLan'liLies 01'prod Uet in a similar product mix, uncles tN- 5an1 or sinilar terns and conditions. JBnyccr acknowledges, ho w+cvcr, that. due to the vast luinbcr of items sold by CirElinger a1Sc1 Gj:ainger.'s extensivo customer base as well us the dffere!vt ways CLHLoincrs strllCture requests [or proposals quid bids, Grainger cannot assure, any huger Lhat items sold tO Other GU; TF101,S ibr prodL�cts will not be sold at a better price of discount. J��en witlxin the MAaster Agreement, since Grainger will provide Customized Market BaskeLs as noted above, 01ANTA Paa-mors Partic-ipMing Agenciew aril] rcceive different pricing and d1scotoiu on producis, Tlvs is also utile for othor customers, iii. No cost to participate There is no cost to participate in the City of Tucson T- OMNIA Partners Master Agfc eament, iv. Noxi-exclusive c-ontraQt Grainger confirms undcrstanding of the above statement. V, C onflurn Supplier will thin its nationat sales force on the Master Agreement. IniTli111LnY1, sales training shoidd 111cIude; ; i. ley fe xt4n'es cif"Tviccstcr Agcoenient 7 ii. NV orkiazg kuow.ledge,of the solicitation process ill. A,va eness u(' Lhe rwige of Public Agencies that r,-,in utilize the Maxtor Agreement thJ0 L1811 DTANLAL Partners iv. X nowledge oJ'bcnefits of ate use Jcoopovaiiv.c contracts Oraiixger'� Customer Enahlemt!llt mallagcrs (C:EMS) will. edUQ�At the sEllen tears] on key f-,oture� and the contract regtlire! meiils fur the City of 'Itccson and � 0P.ANfA Parim rs Master Agreeruont, Tho Salos Team will e-riib ice {L woirkjng kno)vledge of the s4xlicitatLon process, awaaeness uFthe range of Public Agencies � that Qan tLse the City of Tucson and [AMNIA ParMers Mastear A.greemen( and it's benefits, national kick off oalI will be held by the CF-M to develop and pfcsent the sales tm3i training plan. Grainger's natiol)�d Liales force will be vained through kncal, regional and national tbinna` sessions where all u%pects oJ' the new CRY of Tucson 1 O'jIvTNTA Partners Master Agreemeni }Fill be mviewed and discussed.in Liddition, Grainger will work with OMNIA to Wfgel specific markets for in- per-son kick c)ff irleetings. once implemealtfition training is completed, regularly scheduled status meetings w.id be held throughout the life of tile; contract to gauge progress and aesolvc 1 requirements for National Cooperative Contract Page 33 of 44 Page 500 of 1743 OARNIA PAI Y-NERS EXHIBITS GRAMER EXHIBIT A- RESPONSE FOR NATTONA1,COOPERATTV)r CONTRACT MI ubnlleng�s, Ticw Grainger te2m, members will be provided back,grouJid on the 1vl�ister Agreerraelit duriag these mcctings. (Phaso]1) G, Provide, the nak,ie, title, email Lind phone nun7bcr for the person(s), who will be responsible fbir: i. EXCCLI.LiVe Sul)Port ii. Marketing Ili. Sales iv, Sales suppoyt V. Financial Reporting vi. AccoL MS Payable vii, Contracts I Ron Price wl11 manage ali C,rA rosources to slippoa the City of Tu Gson/Om NilA i Partners MELster Agreement including marketing, sales, sales support, financial reporting ai-id contracts.Ron Price i I Primary POC Sr. Goverunke-ut Sales Manager Phone: 979-224-6794 i 3 I jcairlgear's Leadership T(-,ani and resources oti linod bolo,& will suppoil all aspects and rquirements fa=ir the City of Tucwn 1 OMNIA Master Agreeniarnl. Name TiVe Email s i { { Ben'Hirhols VP,Government Sales _ Csenlarnln.Nlchals�araln�er,corn I Mark Snead ReglonaI SalesVPGmtidrnmp.ntConpss -- - -- r ii G - ---- X0+3 33 9 4 I{ II+B ruhF keOorial ales VPSouth Kelly,Be:ubeOFrainaP,er,€am 2fi1-,55f}490�i ............................ --- -—--------- fJavloiJay€e ReianalSa2esl+PNarth----- i DavldJokcekrrralnr.cam 61U383 ?54 ; TIrn Sweat RoglonaI Sales VP West � T�irn.Sn+ea#�u�rain�er-com 754-274-2331 Coaeeri Marraitt Director-South Central Caleen.lfarrltit grrtllnaar_corn Fi7R-!s�Y1-A'!i9 -- ................................... i - _ ' ...--.---._........................................................................ ----------- - Tania Figueroa- fJirector-North I Tanla.!` ugueroa- 9 r7 S13 4$35 Jndu Godot prain er,com Chrlstopher ruder DIr,2€tar-blrestk]n er,f5ader` rain er,com 9S5 G fi 8G57 Raquel West Marketing Program Mariager Rag uel.Case @ grairlgor_L.Orh 2347-535-5133 Ron Frlce 5r.Governrnent Sales Manager I Ron.mceominaer_€om ..........T.. .......................... .------------�-- ---- - 1V24r;lple (584} Government Sal esTea rn Ron-Prick rain er-Com 979-7_24-6794 ' Contact Center Government customer SupparL I Su22ort rain er.eDm 2300-GRAINGER Mark Haubrich Nlanager,Reporting&Ana[ytias Marlt,Haubrlch rale er-cam 847 559 6 52 John5aneckl Sr-ReportingAnal st 847-559-63.2.5 APTeam GovernrnentAcrauntsP able Su otk rain et,com 80Q-GRAIN6ER ; Ron Prlce Sr.Cove rnrnent SaJes Manager &n Fri 2gro iRrter,Carri 979-224-6744 i { Requirements for National Cooperative Contract Page 34 of 44 Page 501 of 1743 G HIBIT A-RESPONSE FOR NAT]ONAL COOPEILM VE CONTRACT I!1! f H. Describe in dciail how Supplier's national sales force is structured. ine.ILJng contact information for the 11ighesL-level executivo in charge ()[' the sales team. part cif (ir{L TIgxr'S National Sales force includes Cirinnger's Government- Dcdieated -Sales Organization divided into 3 xegionq — West. Solatl7 Central and North emL, We have cc)veage in all Ihic zonos including 2.417 onlincC, phone and cinall support, Govermnerii-dedicated Orainge.c sellers manage and st;rvice (lie (,c)n1mct through an experienced team of over 560 government sellers, tluiouglioia all 50 a les, rhe. M,"trict of Columbia, LAS Territories and outlying areas, Grainger provides hili � e,,o rapine coverage to 01 swte, local, and educatiun gr�vernment � ��lembers, � r�ringer's Govern rnent- I:ledioaed �'earY,'s structure is presented helow, i Ren Nichols N'ancy C5unn VP Government ViEe President, r Snips Inside Ea[es F RSVP WSW RSVP RSVF' oil f WtOrM I i C C;ovt,Accouni 1 iNlanagc!r(45) Lac-l7 Government regional Sales 'Vice President a teaxm of Civve meat District Sale lvlwgei's. Then. District Sales Managers in tern lead a tmu of highly trained and experionc-e-d Account -Mmagors. Together this (kwemment team engages public seciol• agencies as how best to meet tlrelr IviltO needs. Below is the Govern»I ent Team. leadership strlEcture vltll contact information. t Requirements for National Cooperative Contract Page 35 of 44 Page 502 of 1743 OMNIA PARTNER EXHIBITS GRAMM& LXHIDITA-W.,SPONSF FOR NAT70NAT,COOPERATTVR CONTRACT' I P A 01IM3MMMEMMMMM �N't1144k;fflF SH ISS f Years o{2xp&r1oe)co with Grainger 047)555-1M VP Gav4rnm�iit Snlan Rogion al Sales VEce Preslden! •Govermnent Sales Manager Reglorf�[VP MinekSnimd Hatlanal Mark.Sneart graingnr.corn 01tmA Viw R&sicic3A.,NDrtK j4.36ipp Vjw PrGsirJQijt-,C3pvefnrinoiit Cuilracls Rsoloml VP Kelly Bonibe sojih ContlAl.NG, Kel 13 Ycans&f:xPwyC?n6*V0101 omboor 8{-,GA, FL:AL, (281)650-490a - Director of Hearth r.rg N18,Lb,TX,3{8, 4 DlslClck sales rytEtnager CK.. tk40.-N EXP6601ft&WA)dr4!?j'nqa.r R!,11�'r.NY- (ago} SY1c2"6Q4' Preaidont NJ,PA-. IDT--j AJD I- mnrinr Of Co-opwMA-GS DC;VA,M,NC-, I A-Di ro*j-,8E Gdvemmerlt iL,rht, b11,-t)H,M Kqlona"VP limn 8w0at West:Az,NV.LIT lrlrn.Sweatggrsingerxom 13 Ymm oiExpe6we with Grainger M7,11).WA.OR, (214)Z7'4-=3 -sr.1)liedor of Sales (A.H1,AK,WY, •DiFecilor of GoyernmenE Sales -West 00,NM. W),01), 1)1&tdrt E;a leet ll%U-n"in [%AN,Wl 7 kfl6wal VP. 'rini RVNft U.8 FJEAd a InSldG 'rlmbthy.'1.R0n@Ura lftercpm 12'Yoar.?VPxporWeo Wit GrakWr Gaul-Sales 047)793.515D h9ld6 Sales. �nd'rokpry*.P* J•D1r@,cljDr a Qoratloiis iOF Manufacturing Roglotiol V11 (Ardl EvAkis Distilbutor cincli.EvnilugsMinger.rom 6 Ymys of 2xp&fiiwiG*i0h Graing&- Afflanm (2iQ 305•0278 -Pmgion 6 1 sales vice President. sLAPP14-m Cbanncl Developmont Regions I Sale3 Vice PrUidevit Bou'li Cenral •Reglona I Sales mcg%Frosideni,bV t Beyond the Accoui)t Mamiger, Einy customer can tolitact the local Bjan('h Manager and [he branch suff for assistance, If a situation €,ri ses outside of normal bilsipiess hours, -the, City of-'TLLOi011. jlal�icipatiing Public Agencies wid OMNIA Mcjnbers have access to t1w Ciraingcr emergency line, 80- GRAINGER. This Nie is zwLivured live 24/7 and a local branch manager will lie contacted to iminediatcIv address the emergent need, Q'ailigeCs Custorinc-r Scrvicc Representatives are availabiff, 24/7 via a toll free number; fax and t!joinil in each Lillie Lt)nc. -for the City of Tucson and ON TA Members;, For ParficipEithig Eilflljes wid) KcopStock,'D Inventory Management solutions, Grainger Mel-nNl rs w'p. available krbig normal hours at member specific locations to help customcrs manage their inventory, place ofders and provide other Assistance as u ded. Requirements fOF National Cooperative Contract Page 36 of 44 Page 503 of 1743 0-NINIA PARTNERS EXHIBITS GR"G=, PXFiiBTT A-RESPONSE ICOR NATIONAL C:OOPE RAT[VE CON T&kCT �rr� i, Explain iii detail howthe sales Leatns will work with the C11191KTA ParLaers team to implement, grow �nd senric�e-the National progratti, Cmfinger°s 131']371€ry n CiDvernmenL Sales Manager Ron Price., will manage tkie following efforts; 1, CMHJW.t regularly gt;he(1uleci meetings with CiLy 01' TLLUS011 anti OM..N.i.A. PaAiers team and our account Uwus to e115i1m opsej. cornittuni .aiiOn and uIllectivc deplaymeni of'the stratc y and rclato'd P4111 w. I Fa6lit ate nlonthly vtegional calls between Graiilgoi' and OlvfNfA Partners fiold salos to revjci w affiliations, new targets alid oplloft.111itiGS dol' i1-flp1rOVLi11enL. CxrRinger will Work with OMNTA to � share eaibanc�ed programs. sp offically benefiting public sector customers. 3. Participate, with other Grainger re, r -sentafi-ves, in muttudly agt•eed- iipon Bu�;iriess Re-views with City orf' Tucson and OMNIA Partner,, � Participating f;rititaes to review reports and align ol)jei:ti 4. C'ontiiiue to enhance joint-marketing pkiii between Grainger trod OMNIA Partners b target prospective customers. 5. Coatinue prognun marltcting and participation in trade sliows, win lbi mes and other events to pix)m ate the con U"acE. ; 6. Continue Lo collalaoraw and educate OMNIA Partners team members about all(Irairiger resotuve,s, Sak.1tions., and ctlpabilities. 7. Engage Grainger Leadership and t=n members iii fulfilling the responsibilities for thio Master Agrcomcnt. J, Explain in detail how Supplier ivill tnanagc the ovt:,rall national program throughout the tergal of the Nf ter Agreenlenl, including ongoing coordination of nwrketing and sales efforts, timely nein P'ifticipating Public- Agenr ,-y account. set- rap, timely contraa administratlon, ote. raingef will co]1tinUc to support our successful partnerdiip witli one point of contact who will manage the overall national program and all marketing and sales efforts for Clic torm of the Master Agrecmont. 1111S includes mann-ing any quid all.rresource� contributing to the success of out' iIM agreement. Grainger will activate pricing for affiliated custonicrs within 48 liours and pursut all efforts for effective c-opitract zdminiSbm l(til, Orajiiger will c-cmtbwe to collabonue witli Oivi ]IA Par(ners aild t Requirements for National Cooperative Contract Page 37 of 44 Page 504 of 1743 OMNiA PARTNERS EXHiBITS GRAJNM L I-ll]3rr -HLSrONStFOR1VA'Z O AL COOPER A TIVE CO TRACT IIJ, k'articipatiiig Public Agencies ren a comprelliensive marketing col mnun1catilon plan, ineIuding objectives and target go€,Is. The marketing cc)m m u ru QaTi ajo plan wil l pr«mote high awmmess and usage of the Mastur Agro moat by Paiticipating Public Agencies ars multiple channels sncl) as Lmllulerul material". e-mail cOMMLill ications, partioipation in trade shows and web oontent, . State the alliount of Suppl<ier's 11tibIic Agency sales for the Pre v inns fl-seal ve.v. pro Vido a list Of S UPpliel"S tOp 'I0 Public goncy customers, tho total purohascs for ca oh for the previous fiscal year €Toil g with a l(ey corjUct fir ettclt. Graingcr's Government a17d Public Agency business in 2018 tootled $1.4 1 billion. (ii-ainger leas contracts with 50 States, aunocrous local goverrtrnents, as well as in the Federal goveramleiit. "11i e Caovemnxerkt sales orgtnnizEttion, in pIuce.8inco 2005, aIlows Gra inger to focus on the unique needs of the governmeait custcpmer while gaining i imight into, and expo rise- in, government prociirememt. Grainger's Gov-eminent mam melt bcxs reCelVe annual complltliloe tE inin to ensure 1-hat they know and understand our customers' requirements and reflect otif goveramcnt sector ethical standards. f C'iraingez• can pmvide ctamos and addresses o(' top Government, liea.lthcare and Education customers upon contract awaa)l au7d perinission is receivt-d #r«nl sucJl cust01l1LFq to release this information. it is proprietary in character, which must be preserved. L, Describe SupplicCs information systems capabilities rind limitations regarding order mailagernenf t1l,X0ugh receipt of paymcitl, including 'description of multiple platforms that may be. used for ally of these fundi€ails, Custol-rim may ohoose to order over thce lntmet through Graingor.com, i place an LDI order or older through a procTirement snlutiUrn suet] as Ariba, SAP,or Oracle. C,rain ger.coin Blows Users to field the pl dLLct� dhey need, oumpare like iLem�, tend pumhiLse products c-Pficiontly. Users can access real time � availability and track purchase history. T11i3 snlwjon i5 available on a c4-%ktop Qomputer and oil mobile devices ,Advanced Features of Grainget'xom provide approval, ,.pend limits. workflow, and reporting features to improve control over spend and enhance contract oomplitmce. Requirements for National Cooperative Contrac# Page 38 of 44 Page 505 of 1743 FXHiBTT A-RESPONSE FOR NATIONAL C 00YER.ATIVE CONTRACT ils Grainger Mobile Tipp for iPhone and Android devices «ptiinized for Ilse €}i1 a3iy smxrtphc}11L, Elld-users 11. aeecss to Graingcr.00m no ivatter the job site, truck, plant Iloor, and prage ar main(enancc shop. Using the mobile, website or app, --mpJo}fees can log iota them-account, vio-w pricing, confirm Icxal prnciuu availability, approve pending orders, aixd cllecl c ut — wid) die produc[ i-eady for pickup at a Grainger branch ax: shipped clircctly to their of` iE e 01'jab site, ePracurement offers Ability w integraic Graingcr's General Catalog and buying process witli ellstaPl Qrs' purdlesing ar id FRT' systen}s. i;rrainger eoll�lects to customers through electronic markotplaccs, e changie or enterprise puithwiiilig softivAre sysl:ems u,;ing universal teohnolo st u7da�ds such a 1 € :f and eXML. Grainger Osa offbrs a shopping solution Comprised of Grainger specific data deployed behind the custulei''s frew4 1, I Graiinger.com: The benefits Cirainger.carn provide,'; iiicludt, . Acoes;-,16'6ver 1.7 malllizo'n.. • Order.Gonfirrn tori and + Prbdyct search'60.abll.itl2s.and pro u�ts fir ea b of you,USA shiPMei nt'-Notlfica4tin Emalls . .,. Nlatch6iOker selection :OrtteY li�st(iry.. :. : gulde�lnes- +i Yourspeciii€Cringer * -CJicklo C,4ll{Chat: ,: • Gkaa.nggr branch IidCati � Agrecr�renf.prltlrig . ..... . .. • :$p�gexlrrg ped'user. ... . .*,.. Spppfier Dfverslty.Products . Ordering 2�4 hours per;.. Cust* Product.Center. . lip=t =date parlcing :.r .'Prodiki ReWI' s and-Ask 1�' * Glob4l.Safety:0 ta.ShOets ..Iterlti.l:oiriparl.son fdSb and:Catalogrequ�sts•- .. Praduct.Awaflablllty f : eq Ota . `: :■ -Myitaple ►4krs,per custarner 1 :. Easy'and Secure Drdering "it :Pr 'aV6trechinlcal:supopit : Enhanced 1 eatu>os; Grin ;er.cc�m cfiers el�]� utcerl featuis Tor giatc� pwQhasing coniml and a customized experience. Customized spend rnanagemieLnt rend order vi�ibilily functionality 17elps customers manage expi�nses more el'jlciently allowing particular order approval workflows and spend limits per user. Grainger"s SAP Enterprise Resuurce Plixnning, (ERP) platform provides customt7 a dviwn 1•C{It iiYcmcnts, assisting internal oversight and supervision. Repoiting and compli{ulce slrucwres ani'.described below: Workflow Management (onlmds. Cutamers (Lull control and manage )vorkfiow and ,peild management whm registered and logged into &ainger,conl. Grainger's owlet' tmamlgment �,yswlll allows greater pu>,chrlsiag c-ontrol and visibility through customized spend management authorizations. Workflow controls are administered by t1w individual Purc-basing Entity. Gmia) er worltti darning the implementation phase to detennino tll(,, best way to crcafe the user ids, appiyL)vers, and workflow that meet your needs Jncluding. Jf Requirements for National Cooperative Contract Page 39 of 44 Page 506 of 1743 OMNIA PARTNERS EXHIBITS ( MR EX1F1T TT A- RESPONSE FOR NATTONAL CO CONTRACT MjA Establish an approval process Jbir orders that e,,�cccd { 1�1: mkre'r- pe ieci dollar limit-, • Sc t a budget for individual lasers on a per wpeke mon lr or var and Lb en trach their spend wiJi re.portiing • De-sigili 1tQ.a specific users €s defaijIt approvaLs * Apply spend limits & d0 ault approvci's across rnultipkc userw Or KrOUIR, of Mers * Add notes to tlic ofdcr as it is sent for appru a1 'Modify delivery and paymont information on Orden. sLlbrn tted for approval Add. j tcmovo or change Rem quantities on order- sukr fitted for q)prov�71 Apply a. payinent method from your profile to a paiidin order Set order approval 1-Lilesbased on tvluke'l.3asket items Order Mcma,�cmr;nt Dul-board MI cOr.1D wre 1A s1iw1 asci s-ny,ane d-_ 1he•.w;1orvnJ;11.mh ra 011131 u:fi'.'fo_[A Cw=Q 011.31 Wn q 11113 d La Iep 971[p:pc. --- Carne 3peotl iM�F�+*'=�.lnxlh'31a11x o'NeiUdi rrx 3gm]rniamc�nk Ircm cr aPW arlslra IMl310 dl usns ai 7is en_cuY 1 I QL-r Rr 1 Ir{k E!a N g'Lam7{em2 !Zm.AIU1m v V1w"ihlkm FAmW Arry:mul w,hc 1 n I r h—n,lbnk LCMI Orrr CO 31,GOhrC:rc nx.M� $1x5 rti,l�la,llwl-J4{�:rw '[i,.11h71 ,l10lhpr; LIE Add 151 A I ' LIIp7CLW5-In�.IL 81,SIIK7n prc pp �Sp�{3d I A�Pprovs�l Limits To F1A�if[�ipl�Us . LaCnj'NHnF 1_ Maxxro Add.�FcnJUmb CsrrcnfL.nik e' ' . Bcacd.thd 41.k{'tF'Y�Fel�arf Al or9ai rrulra=yWr 'al E3111rc14 VlidR n0005-W. Lpprae31 5M1 5 i1g0311iRHFF,r, '$2B3.Uaprr ErILy' tS:lnr'1e4e± qtr- F .'A'FCar'J e100.00J ed�. r.2i�yef! g3ail9r — " �2 1 S Lkdlsr,[Mace nrArc„inr npT hrn 11110 an uir.,W11 Trali ilc opryLr,a. "cm f omcr alsl�ler.�,y 900.70! tl k leiuTn llec,R Uu� = i' � r M-111 L'. . �700J04�`yx� 9151 cdele 1� - $997,041u&r :.rlt ndM 1°' r.• i f�{{Nliniviredor4 can $man�Eh�� zM p�"��-' C !E! eusi n,spend iinjrfs - 11.1?1, a1 992 ,2! e Per individual users .h with f rraiuger's A+4.1[n i.iex i 96,Cu0.L+J? � drlrir. � Order Management Adi jbinrcYal Llmia Cum: :Umb royal�FroR tO apprc-.1 H" tnw aoailor rrke--- -''—''-'--� iqnepara.nany arclar 8..01 t ardcr r�tir $E03.0tcrder qpU Ordcraiorlrnre;haiiMaamc¢ltertlragllrnac;f43nal 41,00 01/n-*. 1aGl �-Le al'NQ'+al. 51,500.04/0-de• FOGS ' on4q Requirements for National Cooperative Contra# Page 40 of 44 Page 507 of 1743 ONMA VARTNERS EXHTB' JTS -LUIIBIT A- RESPONSE 1Y,)-R N ATIONAT. COOPIAXI'l VE COYM ACT rlrr r..................... ...................... 4 [ALL wptof M—Do]kCoLwo UQi&s ro ffiv "arm awn Y7'rvs L I 0-0 M�b, NW't to r,,-t•Me I N*e4.--,k i A dnd7iiviparors h ave accessr jo"poeriggftom the ONS Dashboaed;M dfrom Ilse orckr i Hiviary page.-A ew alspendper empkrvee, numbel'of cnq;1qvee-v op spend fingitper time, and to III IAacan be ILwedP . other enhanced fea ta res include: o C11%to III 110m e Page and landing pages. Grai n get Qwi vLi stomize Elle uses experi0iiQe, by enabling ouAornek- spe6flc content aril Lhe liolne page 019 Graillgo'noom. Grainger can set pages as the default landing 0 Personal & Shared Lists: GTrRiilgor-Qom offers cushvntrs 0 1)porl ull ity to create pmo na I i/,0 lists of frequelit]Y purchased items gild s1wD with oth-t-r, on the account -Boir simple repeat ordering, 0 %1polting (Order History Do%wnload)q Detailed order hi%toiy hifolM,16011 s11r,11 as 01df�r, Shipping, Paymom, Product, Price.!Qilajitit�.-, Ac.c.c)tlkit Defaults is veadily Work Order Integration. Graingci,.com cmi jTjt4�Lgmte Computerized Mafntenant,v, Managejncnt Sy,.(el-ni (CM-h4S)/ Work Order systems wiLh t1je purchasing piY,)Qess for of purchases to work orders. This integration aligns work order data to product orders and packing slips for streamlined recelving tend assigns product Qust to the wod" for a fu I I V i Cx-V o F PIT)j ea casts. lnwgraflon.� in several CiMMSIwouk order systems allow users tG ofla- out to a 'singer site for shopping. Other integrations enable HFAt file Requirements for National CooperatIve Contract Page 41 of 44 Page 508 of 1743 OMNIA PARTNERS EXHIBITS GRAINIM,. EXHIBIT A-RESPONSE FOR NATIONAL COOPERATIVL CONTRACT rlrl tla.�lsicrs tc autnlXl#lte IW0110ifi!L6 11 of w-orlc orders and purclla%es. If Grainger's eCominerce Solutioll.s 14-1anagc17s Evill assess cL1rrr,rrt Wofk order ,laid purchasing processes to streamline the,process. Mobile Apps: The Grairngcr i-nobile Hipp includus 171111} h capabilities of., (;rainger.com and wvelaJ unique 16[uros fc}l' a mobile workibix;e. CLIStQM,-i' can tiso Ilia Grainger alp} 11114 pmdua, view and share product det jki purchase Product, approve rcquishiom, chc*& ordor staves and history, chat itl L111 agent for heIp find mtich more. GrEfingel• has apps for iphoTw,, Tad and Android devices and a mobile optimized web page. � Ili addilion to the advan God search features oMirElialger.com, the Orainger 1-nobile app includes barcode scannhig, item number scanning, voice search and loo€rtion based list,, to streamline pLnrcN►slJ7g-of cc?111T only trse€l iteln.s, Users oan esublish Keep-Stock CK programs akid scall ICS Wrcodcs. eProeurmtneatt S0111t1a17S ILILoti Me the purcMsc E111d ixlvuiczng of Ml�o PUI'6ases, eliminating .111ally 117alIL141 steps involved in proeeSsing transacdom;, and jncrcasing dam accijr�icy, With el�rocuae171cni, tlgencies contral spend more efi:ectivel}, increaSie Ole spend being managed, reduce purchasing agent overhead and improvrequisitiQn-lo-order core and eYQ1e One, Grain90T coffers the following eProci�rerncllt wlutions and � services; Eleca?rr n c markelplac s: Graiinger comicets to cW W1?1Crs thn)Llgh electronic i7tarl<eEp[Ices, exchanges, oil enterprise parchasiing sof wore y,9tem's using universa[ technofogy staildards, su(,h a OCNIL. C.L1stoirnoNi can "Paach-Glut" Lo Gr�jjrkger's ol1lille c�rtalog, create a requisition and return the shopping oLut back to the m�vketplace for re}flew and approval. l I MFC&eonfreefieAPrN tri custonwrs'Enter jyr lse Resource Planning (ERP) ,%pslerm: Gi-ainger off.Os tlbility to iiitegmte its GeileraJl Catalog and buying pr=-, s with cintomers' purchasing and ERP systems. Cus-toincrs seeping to "Punch-Olrt" cIjrec-tjy frost, tlxeiz' can access Omiaiger's onfine caulog and return the'shopping cart buck tO t136' pL11-(:h sing system (0 11n4nage the c�1'der woricflovv. Grainger calix provide Oracle R12, A scoping call wit], the mingcr e-business integration Learn calx determine specific heed Requirernents for National Cooperative Contract Page 42 of 44 Page 509 of 1743 0A9 IA.PARTNERS E HMITS F.XT-TiBTT A-RL;SIIWl SE rOR NAT]OT AT. COOPFR IIVL CONTRACT and cxustomizafion. Our experience witk numevous custoix7er plaLfbrms provides cnd-to-end integration capability to drive svrnllimd processes to �wllieve cost savings illrough praductivi Ly ell 11a17Ceil ice fs and reducing direct ordering cost. Some of Grainget'S supported ERP and Supply Chaiul.i rocurelu.ent Networks include: &-Jiouest GelGHX. OX'S 0 A .Suliliorleel el"Pocupein*art Tran. actions. 0minger supports custom iioii-siankrd tRinsactions on a per request basis, in addition to flit, follo uig standard tmnsacri€ill • Ijty€rice - 810 ANSJx12, eXIv1L , x BL P vmn ,nt (CTX Foi rnw ONLY)Y) - 820 ANSIxI2 fi a Remittance A.dvic-c,- 824 ATSSYx12 # Purchtuc 0ider - 850 A Ix.1 , c ML,xC:BL * Purchase Order AcknowledSti-ncut - 853 ANSI t2, cXAIL, xCEL • Ship.! 31.11 Notice - 855 A Six12 * Functional Ackilowledgenient - 997 AIVSIx1 . M. Does the Supplier propose to guarantee sales? If so, provide the i CGntract Sales (as defined in Rection 10 of the National Intergovernmental Purchasing Alliance Company Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master agreement t ("Guaranteed Contract Sales"). i Ir $_.00 in year one _.00 in year two i $_.00 in year three To the extent Supplier guarantees minimum Contract Sales, the administration fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. Pl€;ase see Letter (if larific-ation. 1'T. Rvon though. it Is anticipated many Publko Agoncies +hill be able to utilize the N.-faster A rL: ofit without further formal solicitadon. there may he circuitlstanecs where ilubliu Agencies will isRuc their own solicitirtions. Tl1e following options ars available when responding to a solicitation for Products covered under the N ,gswr Apwroent. Requirements for National Cooperative Contract Page 43 of 44 Page 510 of 1743 OMNTA -PARTNEIIS EXHIBITS GRAMME RXILLBIT A-RL;SYONSP WR NATTONAL C001JE14ULT E CONTRACT ( i. Respond with Blaster Agreement pricing (Contract Safes reported to OMNIA Partners). If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sates to OMNIA Partners under the Master Agreement. iii. Respond with pricing higher than Master Agreement onily fn the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners)- iv. If alternative or multipJe proposals are permitted; respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or addRional proposai. Please gee Lell'er of Clariiicatioll. Detail Supplier's strategies under these options when responding to a solicitation. l i a i I Requirements for National Cooperative Contract Page 44 of 44 Page 511 of 1743 0141f NJLA PARTNERS 1+;. IIIBITS LXHIBTT F-1.t1111LRAL FUNDS CUR14FICATIONS FEDERAL CERTIFICATI0N ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT To WHOM IT MAY CONCERN- Participating Agencios may elect to use foderal funds to purchaso under the Master Agrooment. This form should be completed and returned with proposal. The folla.ving certifications and provisions may be required and spply%khan a Participating Agency oxponds federal funds for any ptimhase resulting from this pmcuremant process, Pursuant to 2 C.F.R. § M.326, aJl contracts, including small Purchases, awarded by the Participating Agency and the PBUipating Agency's subcontractors shall contain the pmcurement provisiortis of Appendix II to Bart 200, as applicable, APPENDIX JJ TO 2 CFR PART 200 — - (A) Contrasts for more than the simplified acquisition threshold currently set at $150r000, which is the inflation adj[isted ariount detennined by the Civilian Agency Acquisition Council and the defense Acquisition Regulations Council (Councils) as authorized by 41 U, .C, 1908r must address administrative, contractualr Or legal remedies fn instances F where contractors violate or breaoh contract terms,and provide for such sanaiens and penalties as appropriate. Pursuant to Federal Rule (A) above, omen a Participating Agency expends federal funds, the Participating Agency reserves all rig hts and privileges under the apple able laws an d regul ations Wth respect lo-th is procu rement In th a i9vent of breach of contract by efther party. Does offeror agree?YES Initials of Authorized Representative of offeror (113) Termination for cause and for convenience by the grantee or subgrantee fncludfng the manner by which it gill be effocted and the bases for settlement.(All contracts In excess of 510'090) Pursuant to Faderal RuJe (8) above, whan a Participating Agency expends federal funds, the Participating Agency mserves the right to immediately terminate any agreement in excess of 340,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror In the event offeror fails to; (1) meet schedules, deadlines, andlor delivery dotes within the time specified in the procurommt solicitation, contract, andlor a puruha5e order; (2} make any payments dyed; or (3) ' othertuiso perform in awordance with the contract andlor the procurement solioilation, Participating Agency also roserves the right I to terminate the contract immediately, %,Mei x Ilten notice to offeror, for convenience, if Participating Agoncy believes, in its sole discretion that It is in the best interest of Participating Agency to do so. Offerer will be compensated far mrk performed and accepted and goads accepted by Participating Agency as of the termiriation date If the contract is terrrilnated for convenience of Participating Agency,Any mvard under this procurement process is not exclusive and Participa(Ing Agency reserves the right to purchase go2)ds and seriioes froin other offerors%vhen it is fn Partldpodng Agency's best interest, Does offeror agree? YES -. Initials of Auth prized Representative of offeror (C} Equal Employment Opportunity. Except as othorwke provided under 41 CFR Part 64, all contracts that meet the definition of "federally assisted construction contract'' in 41 CFR Part 60-1.3 must include tho oquaI opportunity Clause provided under 41 CFR 6Q-1.4(b), in accordance with J xecutivo Crder 11246, "Equal Employment opportunity" (30 CFR 12319, 12935, 3 CPR part, 1964-1965 Camp., p. 339), as amended by Executive order 11375r "Amr ndJny Executive Order 11246 Relating to Equal Employment Opportunity," and implementing rcguldluns at 41 CFR part 60r "Office of Fedural i Contract Compliance Pmgrams,Equal Employment Opportunity,Department of Labor." Pursuant to Federal Rule (C) above, when a Partldpating Agency expends faderal funds an any federally assisted oonstructlon contract,the equal opportunityalause Is Incorporated by reference herein. Does offeror ogres to ablde by the above? YES Initials of Authorized Representative of offeror (D) Davis-Bacon Alit, as amended (40 U, ,C, 3141-3148). When required by Federal program logfslationr all priime construction contracts in excess of $2,004 awarded by non-Federal entities musk include a provision for rumpliancP with tN Davis-Bacon Act (44 U.S.C. 3141.3144, and 3146-3148) as supplemented by Department of Lobar regulations (29 GFR Part 5r "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Recluiremeiits for N-afionaI. (.00periritive Coi1jract Page 2.1 ol'44 Page 512 of 1743 014LNIA PA11'.UNE, � F I113IT EXHTBYP V-1EDERAT,1(UN'DS CERTIFIC ATTCN S Construction"). In accordance with the statute, Contractors must bo required to pay wages to laborers and mechanics at a rate not less than the }prevailing wages spocified in a wage daterminatian made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than Dnce a week. The tion-Federal entity must placo a Copy of the current provaiIing wage deturnination issued by the department of Labor in each solicitation.The docision to award a contract or subcontract must be conditioned upon the acceptanou of the wage determination. The non- Federal entity must report all suspected Gr roported violations to the Federal'awarding agemy. The contracts must also includo a provision for cornphance with the Copeland "Anti-Kickback" Act {40 U.S.C. 3145), as supplemented by Depaitment of Labor regulations (29 CFR Part 3, "Contractors and Subcontr,90ors on Public Building or Public VVork Financed in Whole or in Part by I_nans or Grants From the United States"), The Act provides that each contractor or s0recipient must be-prohibited from inducingr by any means, any person employed in the construction, comple6onr or repair of public work, to give trp any part Df the compensation to which he or she is otherwise entitled. The non-Federal entity rmu st report a I I suspected ar reported violation s to the Foderal award ing agency, Pursuant to Fedar!I Dula (D) above, when a Parlidpating Agency expends federal funds during the term of an award for all contracts and subgfants for constrtrctiorr or repair,offeror voilI be in compliance with all applicah.18 Davis-B�ican Act proftlons, f Does offeror agree?YES Initials of Authorized representative or offeror I (E) Contract Work Haurs and Safety Standards Act (40 U.S.C. 3701-3708). Where applicalole, aIJ contracts awarded by the non-Federal entity in excess of 5100,000 that involve the employmont of mechanlcs or laborers must include a provision for compliance with 40 U.S.G. 9702 and 3704, as supplamanted by department of Labor regulations (29 CFR i Part 5). Under 40 U.S.C. 3702 of the Act, each contractur must bo required to compute the wayos of emery mechanic and laborer on the basis of a standard work meok of 40 hours. Work in excoss of the standard work week is permissible provided that the worker is compensated at a We of not less than one and a half times the basic rate of pay for aJI hours worked in excess of 40 hours in the work geek. The requiremonts of 40 U S.C. 3704 are applicable to j construafon work and provide that no Japorer or mecbanic trust be required to work in surroundings or under working i conditlons which are unsanitary, hazardous or dangerous. These requirorrrents do not apply to the purchases of supplies or materials or articles ordinarily available on tho open nriarkoL ar contracts for transportation or transmission of intelligence. Pursuant tD Federal Rule (E) above, when a Participating Agency expends federal funds, offeror oerbfies that offeror will be in compliame with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contrmts by Participating Agency rosulting from thls procurement process. Does ofberar agree? YES In iVals of Authorized Representative of offeror (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition at "funding a agreoment,r under 37 CFR §401,2 (a) and the recipient or srrlore6pient wishes to enter into a contract with a small � business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developrnentalr or research worst under that "funding agrcumentr" the recipient ar subrecipient must[:amply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Smaii BmAness Finns Under Government Grants, Contracts and Cooporative AgreemOnts,,r and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F)move, when federal funds are expender}by ParticipMIng Agency, the offeror certifies that during the i term of an award for-all contracts by Partidpating Agency resulting from tW procurement process, the offeror agrees W comply with afl applicable requirements as referonced in Federal Rule(F)sloove, Does offeror agree? YES Initials of AuthorizedRepresento&vaofofferor (G) Clean Air Act (42 U.S.C. 7401-7671q,) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as arnended—Contracts and subgrartts of amounts in excess of 5150,000 must contain a prr}vi5ion that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Alr Act (42 U.S.C. 7401-7671q) and the Fedoras Water Pollution Control Act as amended (33 U.S.C. 1251- 1397). Violations must be reported to the Federal awarding agoncy and the Regional Office of the Environmental Protection Agency (EPA), ( Req uire-mcrtts for National C,'00perat:ive Contract Pttgt,22 of 44 Page 513 of 1743 OMNIA PA T1. U4RSE 111WITS EX HTBIT 1f-1'EDLTRAT,VUYV9 C TT;.'FIFICATIONS Pursuant to Federal Rule (0) above, when federal funds are expended by Paiticipafing,agency, the offeror certifies that during fhe term of an 9 card for all contracts by Partidpa(Ing Agency inember resulting from this procurernent process, the offeror agrees to oomply with al l applicable requireme nts as referenced i n Fede ral Rule(G)above. Does offeror agree? YES Yes it does. ,Initials of Authorized Representative of offeror (H) NbanneI and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) mus# not be nude to parties fistcd an the government gide exclusions fry the System for Award Management (SAH in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 180) and 126M (3 CFR part 1989 COmp,r p. 235)r "Di3barment and Suspension." SAM Exclusions contains the names of parties dobarred, suspended, or otherwise excluded by agencies as we11 as parties dccJared ineligiblo under statutory or regulatory authority other than Executive Order 12549. Pursuant to Federal Rrlle (H)abmo,when federal funds are expended by Participating Agency, the offeror certifies ttrat during the term of an award for all contracts by Participating Agency resulting from tlris procurement prooess,the offeror certifies that neither it nor its principals is prosently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from partidpatar7 by any federal department or agen cy. Does offeror a^Pee? YES lies it does, y _ Inili$Is of Authorised(representative of offeror (1) Byrd Anti-Lobbying Amondinent (31 U.S.C. 1362)---Contractom that apply or bid for an award exceeding $10,000 f must file the required certification, Each tier certifies to the tier above that K 1X111 not and has not used Federal 1 appropriatoU funds to pay any person or organization for influerreing or attemptingto influence an officer or employee of any agency, a member of Cong[BSSr officer or employee of Cangmss, or an ernplayee of a member of Congress in j connection with Obtaining any Federal contract, grant or any other award covered by 31 U.S-C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connaction with obtaining any Federal award.Such disclosures arc.,forwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (1) above, wherr federal funds are expended by Participating Agency, the offeror certifies that during ` the term and after the awarded terr-n of an award for all Contracts by Participating Age€rcy resulting from this procurement process, ' the offeror oMfiies that it is In corn pliance vo12h aJ1 applicable provisions of the Byrd Anti-Lobbying Amo ndment(31 U,S.G. 1352), The undersigned further certifies that- (1) han(1) HD Fed eraJ appropriated funds have boon paid or will bo paid for on behalf of the undemigned,to any person for influencing or attempting to Influence an officer or emplo}ase of any agency: a Marcher of Con�ress, an officer or employee of congress, or an employee of a Member of Congress in conneclion with the awarding of a Federal Contract, the making of a Federal grant. th5 ; making of a Federal loan, the entering into a cooperative agreement, and the extenslon, coritinriation, renewal, amendment, or modification of a Federal contraut,grant,loa n,or aaoperative agreornent, (2) if any funds other than Federal appropriated funds have been paid or will bo paid to any person for influencing or attempting to influence an offlcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress h connection with this Federal grant or cooperative agreement, the undersigned shat! � complete and 8ubrnIt Standard Form-LLL,'Disclostl re Form to Report Lobbying', in accotdancewIth its fnstructions, ($) The undersigned sha11 require that the 181guBig e of this ce,rtlficatlon be included in the award documents for all wavered sub akwardsexceeding$14x,000 in Federal funds at all appropriatetiors and khat all su brecipient sh111 oMfy and disclose accord ingly. Does offeror agree? YES. OI� it does- _initials of Authorized Ri3presen tative of offe ror I RECD RD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are experided by Participafing Agency for any contract resulting from this procurement process, offeror U cerli ies that it w� comply with the record retention requirements detalled in 2 CFR § 200,333, The offeror further certlfies that offerorvill retalr7 all records as required by 2 CFR§ 270,333 for a period of three years after grarrtees or su tx@ rg ritees submit final expenditure reports or q u arta dy or an n u al financial reports, as applicable,and all otherpendfngrnMeng are Closed. Does offeror agree? YES yes It does. Initials of Authorized Represeatative of offeror Requircmciits For National Ccpoperalive Contract Page 3 d44 Page 514 of 1743 [ATMA PARTNERS .111"MILBITS E tiiBTl'1'-FEDERAL FTMi S C.'EMIFIC-NTIONS CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT 4,1hen Participating Agency expends federal funds for any contract resulting from this procumment process,offeror certifies that it will' comply wlfh (ho mandatory standards and policies relating to errorgy eficL, ncy which are contiJnod in the state energy conservation plan issued in compliance veith the Energy Polloy and Conservation Act(42 U.S.C.6321 et seq.,49 C:-F.R. Part 18), Does offeror a reel YES Yes ft does, I.7itiafs of Authorized Raprose n tative of offeror CERTIFJCATfON OF COMPLIANGE WrfH BUY AMERICA PROVISIONS To the extent purohaFses era made%vith Federal HlghwayAdm inistratior,f=ederal Rallroad Administration,or Federal Transit Administration funds,offeror certifies that its products owply with.9 11 aopllcab.le provisions of tyle Euy Arnerica Act and sgrees to provido such certification w appllcablo waiver with respect to specific products to any Participadng Agency upon request, P urch ages m ode in accordance with the Buy Afnerlca Ad mu st sti 11 follow the applr�.,able procurement ro les cal ling for free a n d open compe2lon. No, it does not. Products can onl be ceirtified DOES offeror agroe'� YES � Initials of Authorized Representative of offeror on an individual balls, if applicable, onceinquiry.Is made to rnanuf�cturer for verification. .- PROWREMENTOF RECOVERED MATERIALS REQ UIREIOENTSFOR-2 C.f=.R.§200.32 participating A�errcy and its aantractors must comply with secdion 6002 of the Solid Taste afsposal Act, as amended by the Resource Conservation and Recovery Act,The requirements of Section 6042 include procuring only items designated In guidelines of the Environmental Protectlon Agancy (EPA) at 40 CFR part 247 that contafn the highest percentage of recovered materials practicable,consistent with maintaining a satlsfactary Jewel of competition,where the purchase pnoe of the Ifem exceeds$10.DD0 or IN value of the%rantity acquired during the preceding tiaoal year exceedod $10.000, proourin0 solid waste management servloes $ In a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for p,murement of recovered materials identirled In the EPA guidelines„ bees Vendor agree? YES No, it sloes not. Products can only be Initiafs of Authorized Representative of Vandor certified on ail individual product basis, if applicable, once Inquiry is made to manufacturer for vedfication, CERTIFICATION OF ACCESS TO RECORDS-2 C.F.R.§200.336 Offeror agrees that the hlspector Oeneraf of the Agoncyr or any of their duly authorized represerrtatives shall have access fo any books, documonts, papers and records of offeror that ere directly pertinent to offerofs discharge of its ohlications under the Contraat for lire purposo of making audits, axamfnations, excerpts, and transcriptions. The right also includes timely and r reasonable access to offerors personnef for the purpose of interview 2nd discussion relating to such documents, Does offeror agree? YES Yes it does, _ _L I nitials of Auth orized Repren ta(fve of offeror _ I ERTIFICAMN OF AFFORDABLE CARR ACT Offeror understands and agreos that it shall he solely responsible fai oampliance vrtith the patient Protection and Affordable Care Act, Public Laky 111-W and the Health Care and Education Noonoiflatlon Act 111-152 (collectively the Affordable Care Act "AGA"). Tho Offeror shall bear sole responsihility for prov1dii7g health care benefits for.its employees who provide sorvicos as required by Federal law. Doesofferor agree? YES Yes t does. J _InitialsofAuthorized Representativeofofferor I - I CERTJFICATION OF AP PLJCA B I LITY TO SUBCONTRACTORS I Offeror agrees that all contracts it awards pursuant to fhe Contract Mali be bound by the foregoing terms and conditions, Does ofroror agree? YES N o, Contractor only afire I to those clauses ,Ini ds of Authorized Representa�ve of offeror lb W1 tfGh it has aff I Offeror agrees to comply with all federal,Stater and local laws, rules,regulations and ordinances,as applicable,ft is further acknawiedged that offeror omtffies compliance with a I I prnvisionSr laM,acts,regulations,etc,as specifically noted ahove, Offerors Name; W.W. Grainger, fins, Requirenionts forNatiorker1 Cooperative Contract Fags 2.4 ol`44 Page 515 of 1743 Address,City. State,and Zip Code- 10OGrainger Pafvay, LakePoreit. T 1 60045 Phone Number: 800-472-4643 Fax Number:—NA Pdrited Name and Ti%of Auffiorized Represent vee: on Price Email Address: RorlYrig, Lu-)gain Ier. 0111V , 0], , Signature of Authorized RepregentatIv Da(e-. RequilviiienU for Natloiial CO (Telative Coiitract Page 25 of 44 Page 516 of 1743 0MN11A PARTNERS EXHIBITS LXHTBTT C-NEW JFIt -EY BTNZNMS C0MPL1ALNCr �{ 1NEI W JER EY 13U SINESS C'OMPr..rA CE Stipplici. intending to do bushicss in the SLate of Ncvv Jersey mtis i cc)rgply will, policies find Procedures rcquire-d under New JL rscy sWtuc.s. AI l offmN submitting proposals ]11 ust complete 6c' following Rmlls specific to the Mate of N civ Jerqey, Conlpleted forms gho-u Id be siibi-ni(ted with ill C, 011bror's response to the RFT'. Tyailurc to complelo (lie N'c w Jc rsey packcL Wi I1 impact 0 -JNJA Partners' ability to pf:oinole the Master Agtrcment in the Bette of New Jersey. DOC 41 Omiership Disclosure Form DOC 42 - Non-Collusion Aff"tda-vil � DOC 43 Alli mativc Action Affidavit 00C" t4 Political Contribution llisclosure I"Orm DOC R..S Stocltholder l)isolo-sure ertiflcRfion. DOC, w6 Certifioatioll of Non-1ilvolven2cnL in Prohibited Activities in Iran � DOC #7 New. 3 ersey Business Registration C'ertificalc; ew Jersey suppliers are required to coniply,vith th0 following New Jersey statutes when � applicubk,. ■ al1 an ii-d kcrilinadorl laws, including these contahiecl its N.J.S.A. 10;2-J througlr LN J,S,A, 1O1 2-14, N.J.S.A, 10:5-J, and N.J.S.A. 10:5-31 through J4;5-38; � • Prevailing 'Etge Act, N.J.S.A. 34: 1 1-X6,26, for til I contracLs witliin the contcmpIation oI'the Acl; i * PtrhIic W-orks Contractor Regi,4ration A uc , N.J.S.A. 34:11-56.26: and I + Bid auld Perlormanoc &,cunt}. as rccjuired by the applicable mua�clpal car state stafttes. i i >Requirements for Natlonzil Coo peralive Contract Page 26 ol'4d. Page 517 of 1743 14 N1A PART11Tl+',125 EXHIBITS L'XILI131T Cm-NEW JERSEY BUSINL;SS(ONIPT JAN GE T)« iii OWNERSITIP tl1SCLOSURF,FORM (NAS. 52.25-24.2) Pursiwnt to the rocluirwnents of P,Y,. 1999, Chaptcr 440 eff-et,•tive April 17, 2000 (Local .Public Contracts 1_,akm)t the offeror slmll complete tho fog-jil attacbed 0 ffiese spec-ifications listing the pe.f.a llis owning 10 Percent (10%)OI•m011 Of die fi 1.111 pres0nIilig the propm�,al, Compally Name: W.W. Gnainger, Inc. Street: 100 Grainger Parkway City,State,Zip Code: L.�Ice Foresl ll,60045 Coulnlete af�arinroj)date: ._ ccrtily Air aril the sole owner of thaf there are € o,,wr hers and she., business is nay I,neorl)o-oWed, and the prori.siOns ofX J.S. S2.-25-24.2 do not M. u parener in do hr:reby certify that tl`�c}.}dicnving is a dsl gl'(411 individual t)aei tors who,3'gvn a ION car greater irosel-est therein. I , further cert&Mal if one (1) or mars Of the partners I kye�a orpear�r�e�rsJ�i��, there is also.qui fivF-th the names and meld?-,-sses of the sloekbalclers holding 10 or more q thof corporatiora�.s,stor:lcor the individualpartm?m r>I'mIng 1V orgrecxtc.W interest in that partnership. i OR.- Ron Price an mfthopLed rgT.esc'watiVe ref i W.W. Grainger, Inc. _ ra cxnporafiorr, do hereby certify lhol the following is co Us(of the dame, and � atidre. ce.s ref all stocaoldnos i4 the corporation who Okun 101 or mup•e of its stook 4?fVny vlaa s, Kx WXw4dya mxxyw ,� ftt c ,00te: If there are no wtners or stockholders OVIrning I % or more interim{, indicate none) Name Addresg `Intel est The Vanguard Group 100 Vanguard Blvd. Malvem, PA 19355 10.43°x61 as of December 31, 2018 for add Monal infeinatio n see attached page 28 or the W.W. Grainger Proxy Staterr 50t. The Vanguard Group is an investment company and Graingar does not oMIfy orf its behalf. The Vanguard Group boo tiled an Schedub 13 G which ceriifles th@i the securities were 2aquiwed in the x6ria ry Cause of busiri,ss and not with the purpose or effect of Oanging or Influencing the control of G raingar, 7 �rfhpr cerfify thaf the Warements and ir?fi)rtncat:'on conlainocl herein. are aomtrier and correei tO the best Of' y knuivledge and belief' Date AulhorlgedSr"gnature and!Yi°dem y 1. Requirements 1'01'Nati oiial Cooperative C'otltract Pagc 2.7 of 44 Page 518 of 1743 OMNIA PARTNERS EXHIBITS EXHIBIT G-NE-W YERSF-V 1311-S1NESS COMPLTANCP (j DOC 42. ?V l -COLLUSION AFFIDAVIT Company Name: W:W. Qraingi�r, Tnc. - _ Street: ]00 GraiutVer�'arkjny City, State, Zip 'ode: T,akc, Pored IL 6004.5 State rrf. J + i / I I, Ron,) Air .f o tie__ 014 Ir �1�raraae [ �: irr ncc Ccun1 r r r of f X[age, kdng dr.dy s worn according to law on my oath rleIxa,s6 and say lkat.• � 1 aw Ih, Govemment Sales Manager ra 'the r r� o V -W; Grainger, f nc. ; Tirie Company Xame the f7fferor making the Proposal fbr the goods, serwee,s or Imblic ivor-k spvoi erd under the artached proposal, and Mat I executed the said propu-v ai ivith All avrhorisj to do so; that .said Off�ror has j riot directly or indirectly entered into an'v agreemem-, in any collrrselat2, rrr' orherivise � takc'rr any action in restraint ratfi'ec?, compaiiiNe bidding irr connection witl? the abovepr�aposal, and rhat all siatemeras conrezinc-d in said proj)o,sral and in this crffl davit are tru6 and correa, and made i, th ul1 knowledge that relies ulw)n the trurh of the sl aterrments contained and in the starements contained in this a,, draw in aw arriing tiro contrr olfi)r the said goods, services or Public w o k- I If w1her warrant drat no person or .sellrfirg agency, has he en employed oa' relained to solkii or Sccure srseh e0171f•r1ct uPon an agree eni-oa{ 2inderskandingfbr a commission, lacreentage, hruheragae oz l contingent fee, except bona fade employe es or bonafide firde abUshed err ninerci al or sellingI agencies maintained by � I W.W. Grainger, Inc. C;ra acrrt �. `ante Authorized.Si nattere & Title . Subscribed Find sw-orn befof:c me 5 this d }' of�IQ 20� Obi + Oh 2n.-I(,, IpA�M�A�/MI�KO�FyF J,y/�p� NYIJ�R51 �7d�IL�y-3tA E0 i41lN0$ of q Public cif ` - MYCOMMSI0� EOMI�l t AAA A-04—k Mycommission expires `� 0 � r 4 Req uh)rmonts for National CooperaUve. Contract Page 28 of 44 Page 519 of 1743 AL I ,=Ai I Page 520 of 1743 SPIAL ONVP1i IA PARTNERS E HTRITS E TTJBYF C-NEW XRR-}hY BUSINESS COMPLIANCE DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C".127) Company Name: WW Grainger,Tnc, Street: 100 Tr. Err . F City, State, Zip [Nide; I.ak� Forest,IL 60045 Proposal C'eriiiicatiou: i indicate be]ow c-ompany's comp Iiance with New Tersey Aifitinati ve Action regulRdOJIS. C 0111p�jii � proposzl will be. accepted even if company is not in compliance at this tilne. leo con[n�cf and/or plirQhase oiiler may be.issued, however, until al Affirimativc Aedon requirements a1'e mot. Required Affirmative Action Evidence: Procraremem, Profession a.] Service Contracts (].xhibitA) Veundorsmustsubmitwith rc o;al: 1 . A photo copy of their Fcdcral Letter ofA irmative Action Plan A proval i OK ' f f 5 A photo cope oPtheir C'eaifil gq )f1F`,ni )!o ycc I11t )rmation Rc pc)rt OR i 3. A complete Affirm adve Action Em lova' e Inform ailon Re ort 1 A302) t a°ublic Work— Cher S 5i} 000 Tottil Pro'ect C(jst; A, No approved Federal or New Jamey Affirmative Acth) i .k'lan. Wo will i�:ompictc Repor l.iorm AA 2 01-A u pon rt.ceijTL fi-oin eao B. A ,13r;ved ldcrai � r Ne Jersey Plan —certificate cnci€used I I I isrrher cera , Mai the ,s(at r encs orad igforrracrriora cr�ratc�i�ed rein, erre complete anl ccrrraa to the besf o . �, know*d e caul hedge Data Awhorized Vgnature and 7ktde Req raircnicnts lift National Cooperuflve Contract Page 29 of 44 Page 521 of 1743 ClAMel PART S ERS E Ff 113IT,S E 1Flllll;l'1'G-NEW JERSEY BU;SL ESS C:OMPLTANCL (f WC. 43, COrliinrred P.l,. 1991,c. 127(N.JA.C:. 17:27) MANDATORY AFF1RN1LATIVE ACTION LANGUAGE PROC.I,REMENT.PROFESS1ONAL AND SER TC,)., CONTRACTS rhlring lhr C+erfOrultutec[lfthis Coittrau1t,the 0,orrtractcr a re a tollFr} : Tbu rxantrrctor or subconvac-tor, where applicable, Trill not discriminate against illy employee Or applicant 1'or clnplOV1110isl hccallse of ap, race, creed, cCo(or, rralional ol'igilr, ancestry', 1narital SlAtus, sex pfleeticnlal Or sexual Orian[alitln, The c4)nt,'actor IrvJIJ take affirmative action c,,} en 911r that such applic nis are reoruitcd and elupklyed, find Ilial Lrii ployoes arc treated daring wilp]Oyn7ent,withouc regard to their age, race,ca-ctd, color, nttliollctl origin, ancestry, marital stales, sex, a1Tec6011a1 Or Sesual orielltfitiOn. Such &ilioll sb ll hielude, but not be lilnited Ln the f011o�'vina: ellipklymant, upgrxsling, delnotion, or transkr; recrUiimoni or lwruioncnt aclveclising; layoff or fUrlrtillatlUo; rtes Of payor other forms of compcnsatioro; mid �101tiork for trainilig,i ioJudittg appm)l,ic-eshil). 1hu colrtractor agnrees to post ill: COns})icuous Phlce'S5 available to s;mployees aird applicants for elnplo}'tncllt, notices to be provided by 1110, Public ApEliey Coni O fiver seltntg fi}eth prDVisiolliq of INS lion-4 iris Aminatl011 clause. Tho Cni t Fetor or subconirticlor, where Applicable will, in all solicilations or Advc:niselrlent for employees phased b}- ur {tit behalf of the contr'aclor, Mate #hai all qualified tlpplicants will n:ceive consideration for olnployment without regard Co ago,race,creed,calor,national orighl, twccstry, ❑laj'Jtal st<ttlls, Sex,affectional or sexual orientation, Tho contractor or subcontractor,where applicable,will smid to eaclt labor xmioll Or represetllativc(if woricers with whir;lt it has a calleative ba gaining agrecnnent or outer cclitmm 0,r uncletstandiug, a notice, to be provided by the agency conCrae-6119 officer advising the Jabor union Or WDI'{ers' rcprc 11tative of the contrao[orls cwnmiimonts undue this act + and shall pose r ogles of the notice ill conspicuous plants avaJlpble to employees and appliumL4 fbr employment. The con Iractoror subcontractor, whov appliublc, agrees to comply-ivith any regtila#ions promulgated key the'1'rc-asurer plrr:suant tO I'.L. 1975,c, 127,as alrleuded and supplenientcd train 111no tel trine and the Americans witb Disabilities Ace. Tie contractor or subcontractor agrees w atteinpt in good faith 10 cmPloy' MilluritY and female Workers tl ode consistent � with the applicpble 0,uunt}' enlplo}rnellt Foal prescribed bv NJ AC, 17:37-5.2 tlronlulgatcd 1W the'i'roaw11lrer pursuailit to P.L. i 975,C.12.7,as a„lended and s+lpplemcntcd fn�ln able to time or ill accordance %-vith a bl-ading deteCrUinati011 Of Che applicable county- enlploynlcnt goals dutcrnlined by the Aff'innative Aclion C ffte pursuant to M A.0. 17:27-5-2 prolnulgatO by the Treasurer pursuant W P.L. 1975,{'.127, as amended alyd suFplefnentc-d ftill time tO tilne. 'flit c�Qlltrwtor or slAbcolllrau-Lor agl'ees LO infnrin in knifing appfupriate recruilmunt agen0,ies in the arta, including alnl)l0{'11,nt agencies.placement burctlus, cnllegos, universities, labox UlliOlis, that it dOcs net discriminate on the basis Of Hgcm creed, cuter. natiorrAl origin, pncestTy, ,rtarical staves, StX, Tell-cotiollai Or :sexual orientation, and Char it w!IJ dixcontinue lhrr use of any recruit"len#agcngv which enrages ill direct or hidire0,t discriminatory 1)= ices. "1'ho eontraat€sr or subcontractor up-oes to revise any of is ttisting procedures, if neeossary,t'a assure.that all pcl-olatlel lostirig colrforrns WWI the principles of Job-raiated testiltg, as e51abIishod ity the statutes nod cuurt decisiuns of tJ1e stale I of New 3Loy and Fry c4ahl4hed by applicablel'tder4l lav ailed app Iicfible,Fcdcrral court dcc.isious. 'bleu ccmtr@cror or subcontmctor agrees to rcviow all proe;;dures relating M tl'pnsfer, upgra dhig,dowiliaradin¢and lay-oJT to ensure thal all such aution9 are Ukclk witll010 rcgal'd to ate.creod, color, nalion,11 oriein,once ti ',triru'ital status, sex, F affeolitmal or sexual orientation, and conforn, with the applicable empJoylilent goals, consistent u'itll the statutes and � cion#decisions of the Stagy ufNlew fersoy,and applic iblo Fecleral iavw'and applicable FedemJ calurt decision~- I The Oonb-aetor and ils subcontractors shall furnish such reporL.s cr curer iloeLnneutS to the Affirmative Action Office as may he requeslcd by the oflioo from time to time in Order to carry out the purposes of these M�gulatlons, and pubJic 11AMO cS shall furnish Soleil J11f0trnatlon as trray be requested by the Affirmative Action Of joc ftrr conducting a comp ance ilivestiga#iou pursuant to Subeha tLr 10 ofthc &Lnilnii9lrtllivo Code MAC 17:27 . Sig+rlpture OfProcimlineat Agent Roquircrnents for' National Cooparativfc Contract 1age, 30of44 Page 522 of 1743 O]VCNI A.PARTNERS EXHIBiT EXHIBIT G-NEW JTR L;Y 11USINESS COMPLIANC E DO( #4 C. 27:1 POLITICAL.CONTRT13>EJ ION II) C`.L[ISURE FORM Public Agency Timtructionq This page providc5 guidance. tO public agencies entering hk1U tont-ac,K's with limilless entities drat aiv rcqun-Od m #"Ale Milis;ral COntrihutioll Diwksure forms with the kk sun y- lit is npr intctzdcd to be provided tty contrallors. Wbi Rillows are-instructions on fire iso of furrn local unfts can pi+o}gide to coutractuts that afro ragti[red tD d{sclosc poIitiml contributions pursuant to I\I,JL'S,A, 19,44:-�-20,26 (F.L. 2005, w, 271, s,2), Adjitional.i.nformation on the pmce,;,, is ovailzabic in Local Finance Notice 2006-1 (lata:/vwwx1.if rw'dcaldivision�01-sla'e,5ouL'ccsi firs 2006.],hnl). Please rear back to tllece llastruct{utrs for 9)c tippruprialc links, ,m the Local lehianw Nulicts include links that are no Itmgcr operational. 1, l hLc clJscl0sure is TVquii-A for all contracts irk cxouss of$17,-900 that are not n;Warded pursuant to a"fair ttnd open" pircess CN J.S.AL. 19:44x1-20,7). 2. ).iue b the pulch3lial kcngth ()F,st)me contractor submissions, ihc.public agency should consider ollowiug data to be submittod in electronic form (i.e., spnmilsfiLvt, pdf file, etc.). Submissions inusr ho kept �-vitli the contraul documents or in atr appropriate Compulcr filo and he available for public acuuss. The firm 6 worded to amept tlus alteenate submission. T9ie text should be arttcndcd J1`c]ooErcn7ic Suhlnissipn will not be allo�roc{, I 3. The submission must be rcckfved from the ciontractur and ou file nt least 10 days prior t(i award of the contract. � -RE&olutions ofavt.ard shouldrefkcI thatthi!disclosurehm been reeeived and is on tile, 4. The ma racaorinust disclose contributions inade to undidatc and party committees covering awidu range of public agoucios, in0lida`og all public agencies that havc. eleote4 of iciah in the county of tho public agency, state j legislatIve positions, oriel Vxious staic entities, The Divisfon of LocaJ Govromnient ServiQes recot moods that contrnclors be providc4 a list of the affected agencies. This will assist contractors in determining flim oanipaigu -md political oommittees of the officials and cnndidatos affected by the disclosure. a. The I>'ivision has prey crud insudcl disclosua'e forms for each county. They can be downloaded from the 1 "Courtly TIM Forins" lhik un the Pay-to-]Play web site at 1 htip:rivw�yytil3i,sok{docJdiyisiatYsldl sJ�rug nti 1pcl_hii�3 k)I '1$ey ri-ill be updawd from time-to-amc as $ b. A public agenoy using these forms should edit them to I11-01103'ly reflut the correct legislntive distriet(s). As the fortes are count}'-basud, they list all lc9islativc dlstricts iu O&L!11 ecxutity. i3istrirts dial do not represent the pii1Ae agen ey shoidd bo removed from the listr;. o. Sarno contractorb may find it ea5Jer Lo provido a single 1i,,t tltnt covers all CoilLribuliolis, ravgardless of the Goullt}'. 'lltese Sobinissk-ms aro appi-opriate and should be acaeptod. ; d. 'fife form inay be used":�S-is",st,biea to edits as described he roin, U. The "Contractor histruodons" sheet is intended to be provided with the form. Il i4 i-cccnnmended that the ' histnPotions kine{ the '1 rin kk. printed Gil the sante piece of paper, The form notes that the instructions are printed on the hack of the form;where that is not tbti wase.,the test sltiould be edited according)}', i f The form i5 a Worc1 doe-um enI alkd jaii he edited to meet local needs, and po4ted fiir download on iveb silos, uses[t13 an o-mail atraclimeitit,or proyided as a prhilod doctancnt. 5, Tt is recommendcd lhtiL [ho oontrac.tor also coan.plete a"StocicholdmL Discicasuro C=ertiflMtipil," "1'his 'L'iiJJ assist the Jocal unit in itS ohligatioll to ensure that contractor slit{ not make any prolzlbited corkiributiurLS to the C01111nitlees listed on the Business Lndly Disolusure C'ertificntion in the 12 muiLt6 prior tO tlle colzt'act (See Local Fillanoo Notiuo 2006-7 fcsr additional infxirmation an this obkigation at htlp;;','wkvv�.i�j,govlcicaldivisiotzsldl sJresourttsJJlns�2t][i _ht�nl}, A sampJe UtrtiJicaiion form is part of this paclka e and Lho instruction to complete it is hicalude4l in thea Contractor Tnstructions, N(Yi1; Jbis suction is )tot applicable to Hoards of Leduution. �. Requirerneasts for National Cooperative Contract Pap 3 1 of 44 Page 523 of 1743 OMMA PARTNKRS EXHT BITS L; H18[T G-111;x'4'.TERSFY BUS[NESS COM PLIANCL �{ Doc #4, eontimmd C. 271 POL111CAL CCl'N'1IUBUTTON D1SCL0Sl1RE FORM Contractor instructions Business ej)6fic,, (coritractars) rucelying cuiftidc,t% fY0111 ti publiC agency tl7at We (C}l awarded puU'suant R3 a'`fair and open" Process (dellnelJ at Nr T,S A, 19z44r1.20.7) arc slihjea to Chc provisiom of P,T„ 2005, c. 271, s.? (N_-.T��.f1, 19:44A-20,26), 711i1; law provides tllat f 0 da}-s prier to tlsc tlward cf such a contraGC, 1h oualtractol- shall disclosu usanlalbudoris to; • any Staic,LAD unty,Of InIMk!;pal coaonIhIce(I fa politiN1I party ally Ju g6slative leadcrshi]a connniiiteu* • any o011tinuing Political cornnlittur;(ak,a,,political action c;Ummifte) + any candidate ovintuitt,ec of a ca„d`td ait Jul.,or ltiolder uf,an electivc oCF]OL, c of tkie pit bRo cartity awartlhtg the conGl'act n of cleat cocnity in-LVhjCh that l,ubHo entity i,,,]ocaied 01'another public;amity withh) Gltat count}' : Lir of a le49la6ve districl ill "vhich that.public entity. is located or, what the public: emity is A county, of any lcgisiative district whidi includos ell or pari orthB coutrty- The disclosure must list reportable cootributions m any of clic con,mittees Ghat exceed $300 par election'L�}'cle that 1vLnxa ,rade during the 12 months prior to award oFthe,corktracat, See N,J.S.A, 19,44A-9 and 19-44A-16 for more ck tails on reportable contributions, ,J, ,A, 19:44A-20.26 iirrarizes the par'tia ii nlr, whom tiorl ribxltiorks inust he disdoscd when a businoss entjC,is teat a natural person, 11lis includes the following: • individuals with ail "itlterese" o{vnorship or control of more than 10%of the prif its or assotns of a business cntitY or 10 Va of the stock:in Lhc case of a busir,ass elatity that is a corporation tio-r pivfit • all principals, Piirtners,of13C-e1-9,or direc(urs,of the business entity or their i.;pauses • any subsidfailes dirc;;tly nr indirectly controlled by thCa husiness entity • IRS Code Section 527 New Jorsut hayed organizations, diNIAly or indircuLly crn,trolied by the brtsiticss entity and filing as ucantiflLlhig political conlinitkes.. (PAC's). 'hen Clic bU4i11eSS erttity is a natilt'al purson, "a corttributimi by tlf.ct pencnn'S SPOUSE OF child, rosidi,7g tlj=,rvitl,, slaall hc. deemed to bo a maatribittiou by the business uatity'." rel J.-S..A, I9:44A-2.0,26(b)j lbe contrihutcar must be fisted on the disclosure_ Ano,husuiess onlity tltiat fails Lu cxalnply ivith lite disclosure pruviSions shall bc-subject to a line imposed by FT-FC irl an 1 amoimm to bu deternuriod b}' the C.'ornmissican wlaich may he based upon the atnoorft that the businusw elrtit ' fxu led to t�pcfrr, l'he eucicased list Of 01(Mcie9 is proVids_rl to assist (lie eonti-mor in identif hlg those public tig.oncies whose elected offti d and.--or candidate etunpaign committuus are affoc-tcd by the disclM101V regtdreanent. It is tho Corltroctue s I responsibility to iderial)v tltic sPecTlc Goilknaittces to which contributions n,ay have kctl made acid nuiA to be disch),md. ]'lie di%wilosed if'Corrnatlon Ma,'exceed the millirn Lim mquimmcat- Thu enclosed form,a Content-consfstcn7t facsimile,or an electronic data file containill Y �the recluircd details(a[ong Witha signed cover sheet)may be used as the Contram)r's submission and is disclosable to lire pulalic under the Open Public kecor-cis.Act. The contractor must also cnluplete tltc attached Stockholder Di5C1QSu[L Cartificaiicm, 'This }Fill assist the agency in Muuiing its obligations under Cho law.11011: 'FIN is Iertlon[lues not apply to Rnua'd of Ldnention contracts. "NJ.S_A- J 9:44A-3(s); "The term "legislative loadership conanittee" means a committee esfahlislled, authorized to be established,or designated by tine Presid enc of the Senate, tha Wiflodly Loader of die Sc:tlatef the Speaker of the Cdicral Ass urnbly or tilt MinOrity J,eader of tho C'mneral Assembly pursuant to section 14 ofTI. ,.1993,u,65 (C.19:44A-10,1)for the purpose 0fTEceiwing con Abutions incl malting expenditures," 1Ccquiruments for National C'.00peratia c Conlr4ct Page 32 of 44 Page 524 of 1743 MNLA FARTNMRPs IFYWBITS Doc.#T4, conthiued L I-L[ 3ff G-IN EW JERSEY BIISTNESS COMPLIANCE ( C. 271 POLITICA L CONTRIBUTION DISC LOS U R E FORM Required Pursuant to I .I. .A. 19:44A-20.26 This forin or its Ni'mitted facsimile must be submitted to the luckaI unit: ao later than 10 days prior to the award of the eoutriict. Part I — Vendor Information Vendor Ntune; W.W. Grainger,Inc - AcldreRs; I 100 GraingerParkwav Chy., lake Fni-eq IL ZIP: 60045 Tile uridcnsig1yod hdilg aulhcrrized w certity, hereby, czaiIres i.lrat 14e submission provided lierein rcptc-.c.nis cnmi)liaiaac with the provisions ofN.J.S.A. 19:44A-20.20 and as tepix.senFecl by the Instnictions � accompanying l `s form, i 0190} rz��--7 Fon Prue Government gales Manager Signature Printed Name TitTo Part II — Contribution Disclosure Disclosuro requirement.Pursuant to N.J.S.A. 19;44A-20.26 thin dkscfosure must inc-ludo all reportable I poIiticaI contributions �morc than $300 per election cycle) over the 12 rn011ths prier to submission to � the eominittA,,e.s of the governmem entities listod on the fbrill.provided by the local unit. i, ❑ Clrcck here if disclosure is provided in electronic Fi,rm Contributor Name Recipient Na,ne Date Mllar Anitl¢nt Not applicable to the best of my know) dgo, ❑ Chuck Here if the information is contiriucd on subsequent page(s) �. ROCIL re111errtl, for National Cooperative Contract Page 33 of 44 Page 525 of 1743 L1IA PARTNERS E I-11BITS Doc #4, COrifYn�led L HIBIT C-YEW JF.RS Y BUS]NESS C:OMPLfAN" List of Agoucies with Elected Officials Requircd for Political Contribution Disc[osurc N.J.S.A. 19;44A-20.26 County Name: 81a4e; (icnve-rnor,arid Legislat ive.l,cadersiiip Coclinittees 1.00slative.Di-,Iricl 96; Tule Sen.9ior and two meinhcrs of t17e ('doral Assembly por district_ County; 13,0e1107ders (ountyClor•k Sl7cri[ lCounty Executive S��riv�gate Mtnucipalitics (May or and rnwnrbors ot'gove ming body, regardless oftitlo); i 11 USERS 'SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, OUSTOMXABLE FORM. r a { Requirement-for Nationari Cooperative Cowract Pate 34 of 44 Page 526 of 1743 [�_-NMA PARTNEI 1"MUBITS EXMJIfI'G-\EV4'J)L1tSLY J311--S1NF,8S COMP1,TANCL DOC 4� S OC KTIOLDEI-It 1]TSCLOS-0141E CERTIFICATrON Nance ofBuNiness: ® T certify that �I�e lif;t be1o��' cc�ntains tl�e llklrnes end lsurne f�dcfresscs ol'al] �#c�ckholcler� ho Iding 10% or mox•e of th0 issued and ouistandhig stock of dic Undenigned. [)R 13 1 oei'Hfy that ao one -wtnckholdor o %ns 10% or rnore of the iImUed Ud outsLail dirng stock of the wide-migncd. C:heeIc the box{teat rep rewitts the type of busincgs oi%anizatinn: I3I'aatnership UC:orparltioll MoloProprietorship Mimite4 Parinetshi1) Mimited l,iabilft}' Corpomtion 131Inited LhiOifityPartnership USS bGhap tor S Coiporaflou Sign .orad notarize the form below, and, if neeessaI , eomplete>the stockholder list below. SLoukholdus: -lame; The Vanguard Group Namc: Percent ownership 10.43%* l fa .Address: 1 fomc,Address: 100 Vanguard Blvd. Malvern, PA 19350 "as of Dec 31, 2018 T �trrre: a errilarrle: Picmie Address: Ilome Address: tune; Larne; Homo Address 4'. I+mie Address: I 134bsurfbW quid svrcm rn 1,,-rL:u mw thin L of 4pr'r1 U 20j@ (Af unit) a � fl (Nwry�Public) Ron Pr .ent aIES Manage {Piino name&tide i)ra 'mur) Lmy Commission cspires; -CI� . _ {Corporate Se41} I. l�equtrt�n�ents for�latic�nftl C�:oopert�.iive Cont fi OFFI Page 3 5 e f'44 Imm i4GkWW'F A1Y +IIOFr 1= S;t7 # Page 527 of 1743 5f'Hf+.�'v�4+L+'ld�4yay{�y.�pw55e°O'+Iti.i-Lwnr`"Ja1�.+++�fff .14'. y 5 Page 528 of 1743 ONIIeIA PAt2.'TNERS EXIiIBITS EXHIRY1'C-\'EW HRAI BUS11ES�S COMPLIANCF, DOC I Certification of Non-Involvement in Prohibited Activities in Iran PursuanI to N,J.S.A. 52:32-5 8, Offcrors lin u t that neitheA't)hc 0I"lei-or, nor aay of i us Parents. sul)sidiarics, andioi,irffiUates {.as deFmM iu N.J.S..A. 52.32 —56(e) (3))$ is listed on (11 t, 1)�,-parttnell t oft1w Tivusurv's.f,ist ofPcrscrns or lntiIicw 1'ng�lcying in Prohibited lnvf,stmmt Activities ill Tran unci tilat neither is involved in ani, oI'Lhe invcm lllcllt activities scl Iovili in C.J, .A. 52.32 —56(1). Olyorors vyish inn to do busill ess in New Jersey throe h lhi s contract mu,'L F Il cnut tfic C�;rlif c.�ttion Of Noll-'Involvcmetii iti Pro h.ibitcd Activities its Iran here; ht#p.,'f�v��.state,n�,��s.��iupna�is�rvicesldfdfir�ti�ls��ncl�u•d!fdcr'cliscic��re i�i�cstrnentttct,l�dt'. Offerors should suh rzit the above form compdouxi with their pl'oposal. � THIS FORA COULD NOT BE LOCATED USING THE ABOVE LINK i i I 1 3 ' I I RquiremoilLs for National C c�c lrera#ivc Coittr�� t Page, 36 of 44 Page 529 of 1743 (}MN.A PARTNERS EXH IJ31TS EXHIBIT G-NLNV JERSEY BUST-'ESS COMPLIANCE. DOC #7 I{ E 4' .1FRSEY BUSINESS REGISTi ATI NE,RTIFICATE (N.J.S.A. 52.32,44) Of-'ei,ors wishing Lu da bilsin s iU MW Jersey must sLlblnit their SLErte i)ivision ()fI�.eVCnU0 issued 13usincss RiS#ra#iois Cvulificte vJtli i}teir pro111Dere. Failure to da sn twill d j squa I i ly the Ofyerc r from oilci•ing prod uck or servkcs in Jersey dirou gh anv resulting contract. I�tt�:�'13�+ ��.�tt�te,t�j,u s�lic��rn�vfrc�fctr u er'fc)rmslnj rerdf` f { I a I l cqL ireirrellts f0V Natiatlal Cooperative Contract Page 37 of 44 Page 530 of 1743 xti Q till., CL LLJ ec o 0 aLO LID LL SNf. LU �iif iit r Va.3f. a LU x ty �' Q !F;r4 � H r 4+ La LD L? �•° a� r U4 NJ. Deputment of`Fiva,.Ltr - Division of Revenue. (fin-Line ijiquiry Page I OU 1 STATE OF -NEW JERSEY USINESS REGIST ATI N CERTIFICATE Taxpayer Name W, W, GRA1\1OLR, INC. Tragic Flame. Addrvo,- 100 GRAIN GER PK AVY I,A1 J"A"ORGST, II, 004-5.52'_01 I Certificate. Number: 0092081 � Effe five [Date: August 08, 1946 I Date of Imuance: AuguS,t 14,2008 For Office Die pnly: 20080814162754681 i r I htt� s;! +1+ 1,st►te.nj.us;1'1'T12_iT2 :1seticticot�tincmlllCLoi« Vh&M2 of 1743 COUPON.I.W CYCATTIUMQ! OWNERSHIP OF GRAkNGEA STO(X 5evarlly 0wnv;,01p of CtLrbAn Reneficial OwnkTL� The F"Alvivil-v. mblp, S05 rn F fl1i j nruyni n 0m; as of Deccii ibe r 31, 2018, co7x:[:t i i h)p, ii i ly pc Nion knowi I to Gninguy lo benefilcUlly uwp MMV d M 11 5% Of C A*4 pal MM M Wn N ti)kk, (� I-C J)C)3-1oj un SE:j1cd Li 1k. 13(1 or Soxhih 13GA, The inArvIndmi in A able rind flio pll,*: i 1114L-� is b.16ud [)]I slrktuilisllls rikt(j 1)y the respe0-Liv4� 1xiiefi6d owners WA the SLG pmmm i a hi Nea As 13(x1) amt 1Q-) LJ 1110L F 1 h U Scviirltics Exchange Acl or 1934, a% amejldixl, Aulipirig.n ivi 14jj nkj�,ar Nii.13&iku d �drl oF J�X!�151iciu�'Om iirr 'BC u.4 Hal I hvnvlApiplA E) MF�L%ki L tjF(-'ijpNr 1'€34' +;jjj13tL?jj-j C 5,S%43.0.35(2) ]VANd. 100 V;i0,1'1L%1['(1 B011khAd 11101vem RA ME N susai) siavik WAARms 4,8U8,443(3) 8.5% 4450 ]VIncArdiurhilvd., -Scoond Moor Ncutj-oi--I Bench, CA192660 janin D, Slavik 61.9% 4,1511 A.wAl-1111.11' 8(-(-U31d F.11jur NEw� in )2660 L Bl-,WL-Rock, Inc— 137204(--)) J 4A%. 55 52nd Street Nirsw-York- N Y-1-Q.W 5 Loi Lpi O%v Pa r'm-us uC mwy) J Mi I ed(6) �9 6 rh PC' Box 559 N-11J I C.,011r1 Ui SI Fluor porE C;L: I ILSCY I ovi 1110 ! k)jtll:�q t)l 1 Ivirie- 5 4 to WL parmyeS MkU UNd 0M WC d LIP011 G YRf 11 gOl' �0111 111f]ri S GL�-k wMMg as r.[ forth in [lie qac cnmiis on Scbcdi.ilc 13C or 1301A Mal by ift� rupective 'k,ni;5cial 01mrs will 1111h (2) Umed un 1iWormation providell ill �1 SdTtpL[11111. J301A fiI ed u ii Vuiru ary I I, M19, The VF1 11gi,mal Gwup Ims W valk; pow, Ph re pull in 57M70 shnrc& sll,,ived volliLg power with reqp= 10 11,332 A mn& n1v d Nps U No plower AI re.91)-.c.t to 5,8][},81?; 5 11 aMW KI .9110 PEd d iSPOAtM' DOVY0 I- Mill 110PLXI io 67,221. sh=%- Ming.Liaud Fiduciary Thmt Cornpany, Lt whufly-owned sUbsidlim). r)r TI io Vi iigun rd Omit 13. 1 nc., beneficially owns �2,1W MIalt-S' LW .07 or t 11 c common stock (it I I L'I"I 11(b 11g Of 111c CQM[M 1)l' as 19 re E Ll I 1 171 4S RU rV i 11,A tS i I 1VLS I 01C 111 )r1RJU1gC)'171' WRC,t iVt! I H 6M uccounm Wguard WNInienm WwOkq Lid., irt Miolly-owned ubsidinry of 7INe Mwipard Gj-4)iip, Inv, bciieficiany novas MA93 shms of A7% of We conumul Wk nal hUndlNg d the C,ompally .lL, F1 ol, 11Lw srliviiig as inmanont juankigor of Ausu-aklii ii1vQMniew r4ferings, The Schodulc J360 f.-�'rllfici dial 11w, -xGtLrijc% wcfe acquired in Lk, ordinary roiji-se of MLsinen alid 1101 Wi t 11 Flee 1)Ll rj)USO or Cf f0d 0C changing or j n fJ Ile r 16 1 ig Lire co i i t col of Grainger. 28 Page 533 W 1743 CITY QF TUCSON DEPARTMENT OF PROCUREMENIT + AREQUIE-ST FOR PROPOSAL NO.192163 255 W. ALAM EDA, BTH FLOOR, TUCSON,AZ 88701 PRINCIPAL CONTRACT OFFICER'JENN MYERS, CPPB PH' (52C) 837.41371 FAX; (520)791-4735 2. Product a. Provide a detailed written response illustrating hove the products offered will meet the requirements of this solicitation. Offerors shall provide the proposed product lines that will meet the Product Requirements of th[s salicitation, Offerors shall identify and describe their MRO categories. Por each proposed category, describe in detail and provide at a minimum the following types of information; 1. Identification and description of product categories offered Grainger offers the broadest product breadth in the industry, with over 1,7 million products covering more than 32 MIO categories, rainger's strategy is to distribute the most comprehensive line of MRO predicts and service categodGs and anything related to small, medium and large commercial, government and institutional Customers. Critical to our approach is an offering of scale and breadth encompassing each segment noted below We compete directly and j emphatically wlth specialized distributors and manufacturers across the MRO market, We use a range of speoWty suppliers for our soumiing offer including local and national product vendors. We { contlnua[ly evaluate products and services to remain relevant to our custernem. VVe-add products and suppl[ers on a daily basis. QUI-Ing the past 18 months we added more than 300,000 products in top Thefollowing Mail categories such as safety, hardware, electrical, and cleaning, displays the et t rer of ------in -f4t0jiors A PoyA'er Ttonslnfssion 47,6$0. ; each ol'the ;EIoctrlVal suppGeks eaeeg pies?emilr'rrer[in Me Sea]" Q1,the fools $��'tf1�• ..PAaasurritig7�ols�.Testlr�strurn�nls V 12�,710 -----.. . Wim., I'rrrj2o al wrilh the Pneumaiic - addflfiem rl to" ohlrfln Cit2ti+igToots 25 ,99 : cafe r,rie.V we are ' roterw riumiring, Slomgo f 1KcWLng Ffsteners&Adiiosives L.tlki�rI1tB, ellto��nlilt Safety&semirity SupPIfa WVAG Supplta Emargenay Pre eredness 2,308 0T11FR OntegDrier. i Fleet and Veb[do Maintenance 23;6 I-farrlva€�re _ 40, 36 _ 0E.re 3uppl9las 70,035 ^ T -Ouidoorl:qulprr:ani 8,158 Clectron rs a,ri(Wpliancas Hospital ltd'Rrid Food tisA ipe RFP NO. 192163 „..r,. .»�«. .. 'rhe city of TUCS(in &ONIN'Ll April 11, 2019 Mahiteimnoo,11cpair Anti Oparwioias Q&W) 4upplic-s,Flar L%, F€{uipment,lvtaterials & 49 iWaLcd Savice8 Page 534 of 1743 DiTY OF TLICS0N DEPARTMENT OF PROC LJR EW NT r�rGR++ RSQUPST FOR PROPOSAL No. 192IG3 255 W.ALAMEDA, 6TH FLOOD, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH; (620) 837-4137; FAX= (520)791-4735 . Identification and description of sub Categories Based on Grainger's category hierarchy wind subcategory description, presented below are the 5L.IbCategories for each required category listed in the RPP_ Subcategories listed are representative and not all inclusive of available subcategories under each category, a. Motors & Power Transmission; General, Deifinite Purpose ar)d HVAC rnotor,5, gear motors, bearings, V-belts and accessories, * DO Motors ; Gearing Definite Purpose AC Mo#ors . Gearmotars • General Purpose AC Motors * Linear Motion HVAC Motors • Power Transmiselon Belts • Motor Supplies * Replacement Pacts Pump Motors * Shaft Couplings, Collar,, and • Replanement Parts Un[versal Joints * Speed Controls, Encoders and # sheaves and Pulleys Soft Starts • Speed Reeducers P Bearings • Sprockets 3 • Brakes and Clutches • Tensloners and Tighteners • Bushings • Vibrators • Chaln and Tools 3 S b. I=lectrical Supplies: Distribution, controls, wire, cable, voice & data and supplies, Conduit Raceways • Conduit Fittings Relays * Conduit Mounting • Replacement Parts Counters and Hour Meters • Safety %vitches • Data and Communlcatlon • Solar Panels and Accessories * Distribution • Solenoids • Electrical Boxes * Starters and Contactors ■ Enc[osures * Strain Rellef i • Eneoder� ■ Sti+ritches Extension Cords and Outlet • Temperature Controls strips • Term[nal Slock5 • Fuses Is Timers s Ground Fault Rrvteotion * Transformers Plugs and Receptacles Voltage Regulation � Power Su lies pp Wre and Cable � • Programmable Logic Controllers • Wire Connectors (PLC) Wire Management Push Buttons iretivays c, Lighting: Lamps, ballasts, fixtures, task lighting, flashlights and batteries, • Ballasts • Lamps • Bulb and Lamp Recycling ; LED Dope and string Fights * Emergency lighting and Exit Is Lighting Controls and Control I RFI'NO. 192163 � � •• •• Tho Cil}'of"1ticxon &OMNIA April 11.2019 MMaffilt anu;u,Repair And Opergicrns(MRCP) upplie5,1 al-15, Epipment,Nlato6aj s& SO ltc:ltured Ser}ices Page 535 of 1743 CITY OF TUCSON DEPARTMENT OF PRQCUREMENT =jUNGIM,. PPQU£ST FOR PROPOSAL NO. 752163 255 VV.ALAM EDA, UH FI,00R, TUCSON,AZ 85701 rfry PRINCIPAL CONTRACTOFFICERJENN MY ERS, CPPB PH_ (520) 837.4137 f FAX; (520)791-4735 Sin Systems Flashlights Outdoor Area Fixiure5 ■ Hand and Portable Lamps Outdoor LED Light Fixtures + Indoor Plxtures . Rep lacernent Parts Indoor HID Fixtures Task Lights Indoor LED Light Fixtures • Track and Recessed Lighting Joh Site Lighting Fixtures Batteries d, Tools: Eland, power, outdoor and autoinotive tools and tool sWrage Benders Cordless Tools + Carpet Tool Kits Demolition 'Tools and Equipment Clamps Drain Cleaning Equipment • Communications Toola Drilling Accessories CrirnpIng Tools Fastening Tools arrd Accessorles • Cutting Tools Finishing Tools + Drywall and Plastering Tools . Fleet Guns • Electrical Tools . Masonry ■ Files r Plpa Threading and Grooving ■ Hammers and Striking Tools Equipment • Hand Saws and Sawhorses * F cywer Drills • Hand Taal Kits • Power Saws and Accessodes • Impact Sockets and [fits i Power Shears Inspection and Retrieving Tools Replacement Parts Marling Tools Routers Masonry,Concrete and Tile Tool Storage Tools • Replacement Parts Measuring and Layout Tools • Screwdrivers and Nut Drivers • fliers • Sockets and Bits • Plumbing Equipment • Specialty Safety Tools Plumbing Tools * Staplers, Tar,-kers, and + Prying Tools Accessories Pullers and Separators • Tool Storage and TmnsferTank8 Punches, Cliisels, and Hand ■ Uses � Drills . Wrenches e. Measuring Tools & Test Instruments: Calipers, gauges, inspection, micrometers arrd irrultimaters • Air Movement • Indoor Air Quality Asphalt Testing • Noneleotrjcai Properties Testing Automotive Testing • Pavement Quality • Combustion Testing t Pressure and Vacuum Measuring • Concrete Testing * Process Monitoring • Data Recording . Replacement Parts Electrical Power Testing Temperature and Humidity ElectronlclSenr h Testing Measuring f. Pneumatic: Pneumatic tools and system components, air compressors and hydraulics. • Ai�CompressorAccessories • Pneumatic Hoses RFP NO. 7$2163 �» •�•• The City of Tue4on .0 ONIN1A April 11,2019 AlainGenflncc,Ropair And Oppr xtiou5(MI C}) 5uppliL!-s, faits,Fquipment.MaLrJriILj& 51 Related Services Page 536 of 1743 CITY OF TUGS 0N IDEPARTMENT OF PROCUREMENT ) RRQUEST FOR PROPOSAL NO. 192163 255 W-ALAMEDA, 6TH FLOOR, TUCSON,AZ 65741 PRINCIPAL CONTRACT 0 FFI C ER.J rzN N MYERS, CPPB PH: (524) 837-4137; FAX: (524)791-4735 Air Compressors and Vacuum . Pneumatic Motors Pumps s Pneumatic System Components • Compressed Air Treatment & Pineurnatic Tools • Distribution EtquipmeRt + Pneumstic Tube Fittings Hose and Calle Feels Pneumatic Valves ■ Hose Clamps • RepJacement Pars g. Machine & Cutting Tools: Drill' bits, taps, dies, blades, counterbores, countersinks and abrasives. Cutting Tool Blanks ■ Abrasive Blasting • Drilling and Holemaking . Abrasive Brushes and Wheel Kits ■ Drilling Tools . Abrasive Dressing Products Finishing Supplies ■ Abrasive Rolls and lits • Indexable Inserts + Abrasive Sharpening Stones + Indexabla Tools Cut-Off and Grinding Wheels • Lathe Tool Posts and Tool + DebtArdng Tools Holden Flap Wheels Machina Tool Accessories . Mounted Points and Kits ■ Machinery • Pollsihing • Machining Supplies . Replacement Parts MetaWorking Fluids * Sanding Belts and Kits + Milling . Sanding Discs and Kite + Preclsion Measuring Tools + Sanding Mand bads and Sponges ' • Replacement Parts • Sandpaper and lits �+ Shop Supplies 1h Speclai#y Abrasives and lits t Threading Surface Conditioning Wheels ■ Tool Holders aro Accessories • Tumblers and Media j + Turning Tools h. Material Dandling, Storage & Packing, Ladders, holsts, shelving, storage, furniture, packaging, casters, cart, trucks and drums. • bags and Bag Accessories + Furniture • Below-the-Hook Lifting • office Furniture Aocessories + Organization and Storage Jlioycles and Scooters + Outdoor Furniture + Cabinets • Indoor Furnishings • Cargo Contml + Library and School Furniture • Girton Staplers and Case . Beds, Cribs and Mattresses Sealers + Lifting Equiprnent • Cartons and Mailers Lifting Hardware + Casters and Wheels Lifting Magnets and Suction Cup • Chain and Chairs Accessories Lifters • Conveyors It Lockers + Cranes and Festoon Equipment + Mobile Utility and Tool Carts • Dock Equipment • fUlounts ind Vibration Control • Dollies and Movers • Moving and Storage Bags ■ Drums and Drum I-Iandling • Office and Medical Carts EgnriprnEent . Packaging Tape Dispensers and + Forklifts and Forklift Attanhments Equipment RFT-1 NO. 192163 �µ w»»««« —rhe ty of Tucson&C AINIA W »•••� ApriJ 1 1, 2019 MOillkMU A!,Rcfrair And Operations (MRO) 4uppNos,, Paige,Rqu[pment,Waloriak& 52 Related SerVices Page 537 of 1743 rxm CITY OF TUCSON DEPARTMENT OF PROCUREMENT j?=R,. REQUEST FOR PROPOSAL, NO. 192163 255 W. ALAMEDA, 6TH FLOOR, TUCSON,AZ 85701 Of PRINCIPAL CDNTRACT0FFICER:JENN MYERS, CPPB PH; (520) 837-4137 J FAX: (520) 799-1735 Hand Trucks + Pallet Jacks and Pallet Moving ■ Heat Activated Shrink Wrap and Equipment Equipment. + Protective Packaging and + Hoists and Trolleys Accessories + Hoppers and Cube Trucks w Ropes and Rope Supply ■ Ladders, Platforms and ■ Scales and Scale Aocessories ScafFolding + Shelving and Storage Racks + Replacement Farts + Shipping Labels and Accessories + Retail Carts and Trucks * Shipping Supplies + frigging and Lifting Slings * Shop Furniture * Stretch Wrap and Stretch Wrap Stock Picking and Putaay Carts Equipment • Storage Bins and Containers * Structural Framing Systems • Storage Carts and Transport • Stfucturas and Sheds Trucks • Utility Carts Strapping and Strapping • Winches Equipment VUlre Rope and Fittings Workbertohe8 anal Accessories � i. Welding, Welding equipment and supplies ; + Arc Cutting and Gouging * Stud 1Nalding And Accessories * Filler Metals Submerged Arc Welding ■ Fume Extractors and Thermoplastic Welding ; Accessories • TIC Welding And Accessories • Gas Welding Equipment and Weld Cleaning r Accessories Welding Cables Grounds And • MIG Welding and Accessories Accessories j Multiprocess And Engine Driven . Welding Chemicals Welders And Aocessories Welding Ovens and Accessories + Plasma Cutting And Accessories Welding Safety Equipment + Replacement Parts Welding Supplies ■ Soldering Welding Tables and Accessories * Spot Welding And Accessories . Stick Welding rind Accessories j. Fasteners &Adhesives: Nuts, bolts, washer's, screws, hooks, Rat stock, raw materials (metal, rubber, plastic), glue and cement. ■ Anchors Socket Screws and Set Screws + Bolts • Spacers and Standoffs R + Hardwars • Staples + Hooks . Thread Insert ■ Key Stock « WaslYers « Lanyards + Adhesives and Glues + Manuals + Caulks, Sealants, and Fillers + Measuring Equipment • Concrete,Asphalt and Masonry + Mails Dispensing Guru ■ Nuts • Putties • Pins ; Rep lacemenI Parts + Detaining Rings + Tapes Is Rivets * Threadlockem and Gasket + Rods and Studs Sealants 77N N0 192163 Y Tho City of']'ucson&ON] IA] April 11,2.019 in�nanc-e,Rep nir AOd Operatiotf5 (R.JJZ ) f9iiriplies,Porls, EgUil)mel1t,14-1talca-inlS 53 itclated es Page 538 of 1743 CITY OF TUCSON DEPARTMIENT OF PROCUREMENT GM GM. REQUE=$T FOR PROPOSAL NO. 192163 255 . ALAM EDA,8TH FLOOR, TUCSON N. AZ 85701 r�rrr EMMIMMEMMPPRINCIPAL CONTRACT OFFICE R:JE=NN MYER , CPPB PH: (520) 837-41371 FAX: (520)791-4735 * Screws K. Lubricants, SealarNs & Paint., Grease, aiF, penetrates sealants, caulk and paint. * Automotive Paints and Coatings • Paint Sprayers and AccessorJes * Brushes, Rollers, and Trays Rep lacernent Parts • Exterior faints and Steins • Specialty Faints, Coatings, and * Intef!or Paints and Stains Additives + Paint and Wallpaper Toois + Sprlay Paints and Primers Faint Booths and Accessories Surfa(;e Protection and Aust • PaInt Mixers, Shakers, and Barriers Accessories i I. Safety & Security upPlieS. Spill containment, storage, fire protection, person protective equiplrient, instrumentation, signs, labels, tags and security € Arc Flesh Protection AccasS barriers and Crowd • Asbestos Abatement Control j * Confined Space Equipment Detectors, Scanners, and Disposable and Cherriioal Accessories f Resistant Clothing Dears and Windows * Emergency and Exam Room • Key Control& Identification Suppiies Mallboxes ■ Emergency Eye Wash and Padlocks { Shower Egrripment Police and EMT Uniforms + EMT and Resntie Supplies * Replacement Parts * Ergcnamics * Safes + Exam Froom Furnishings * Security Alarms and Warning* • Eye Protection and Accessories Security Management and Law 3 dp Pace Protection Enforcement � ■ Fall Pratection Self Defense Fire F=ighting Clothing and Specialty Locks i Accessories Two Way Radios and • Fire Protection Accessories ■ Flr5t Aid and WoLind Care VlWeo Survelllance l F=lame Resistant and Arc ) lash Portable oo[ers and Beverages Clothing Rainwear • Footwear and Footwear Rehabilitation and UurabJe accessories Medicai Equipment Gas Detection Rep la Gement Parts • Gloves and bland Pmtsction * Respiratory * Read Protection ■ Safety Alarms and Warnings ■ Hearing Protectipn * Safety Storago * Identification Products * Signs • JV Supplies * Spill Control Supplies ■ Lockout Tagout + Traffic Safety • Matting ■ Training • Medical Diagnostics and * VV8iter Safety Monitoring Equipment * Workwear • Medical Oxygen Delivery and RFP No.192163 The City cif Tucson &OMNIA April 11,20:19 Alaintenpnce,Ropair Arid OpLratit)ns(�UW) Supplies,Paris.. Fquipinenc, Vaterials& SSI Related&rvices Page 539 of 1743 CITY OF TUCSON DEPARTMENT OF PROCl1REM ENT GRANGM. REGiUEST FOR PROPOSAL N0.782?6� 255 .ALAMGDA, 6TH FLOOR, TUCSON,AZ 85701 +ru PRINCIPAL CONTRACT 0FFICER-JENN MYERS. CPPB Ph; (520) 837-41371 FAX: (520)791-4735 Equipment rn. Cleaning Equipment & SUPPlies: Chernionis, equipment, restroom, paper, waste containers, cleaning, r Broorns, Rrushes, and Dust + Paper Products and Dispensers Pans 0 Personal Care Products Cleaning Chemicals . Rags and Wipes • Cleaning Equipment and + Receptacles and Containers Vacuum Cleaners . R"cling Equiprnent • Dust Mops, Dusters, and . Replacement Farts Cleaning Pads . Restroom Equipment • Floor Care Trash Bags • Furniture Care • Wet Mops, Squeegees, and Janitorial Carty and Supply Buckets Holders « Odor Oontrot n. HVAC Supplies: Controls, heaters, air conditFoning, air- treatment, irtreatment. fans, ventilators and blowers A/C Refrigeration and . HVAC Controls and Thermostats Accessories HVAC Test Instruments • Air Conditioners and . Industrial Blowers and Accessories Accessories • Air Filters Oil and Kerosene Heaters and Alr Treatment Accessories I • Central Equipment + Oil Burners and Accessories • Cooling Fans and Air Clrculators . Rofrigeratron Test Equipment Duct Fans and Accessories Replacement Parts I Ductwork.Venting, Pittings end • Roof Ventilators 1 CaPs • Roof Ing Repair S up plies i Electric Heaters and Accessorles . Strutters, Dampers, and Louvers Electric Process Heaters and . Specialty Fars and Accessories Accessories • Specialty Heaters + Exhaust Fans Tubeaxial Fans and Accessories • fan EIW68 and Propellers Ventilation Equipment and • Cas Heaters and Accessories Supplies * Hot Water Heating and Supplies v. Pumps & Plumbing, 3ubmem bfe, centrifugal, water system and positive displacement pumps, pipe. valves, fittings, heaters, coolers, filtration and faucets, Bathroom Hardware • Aeration • Budabie Ca. Centrifugal Pumps • Ceiling Tiles and Accessories Chemical Pumps ■ Check Valves and Backflow Circulating pumps Preventers Condensate Pumps Drains Coolant Pumps ■ Faucets DEF Pumps and PumP Systems Flltration + Diaphragm Pumps Fixtures Drum and barrel P{imps RFP NO.192163 The City of Ttwsml & C114TN A April 11,2019 NlAit1Loll ance,Repair And Operaaous (MRO) 5eEjpplies,J'arts L+gxiipntient,A]ateripJs 55 Rl!'iated S-ervicm Page 540 of 1743 CI'T'Y OF TUCSON DEPARTMENT OF PROCUREMENT , a � REQUEST FOR PROPOSAL No. 192163 255 W.ALAM Et7A, 6TH FLOOR, TUCSOhl,AZ 85701 PRINCIPAL CONTRACTOFFICER, ENN MYERS. CPPB PH: (520) �f 837-4137 i FAX: (524)791-4736 * Float Valves and Accessories Electronics Cooling * f=low Gontroil Valves . Fnghie Driven Pumps * Flush VWVes Fittratfon • Garbage Disposals and • Fle ibfe Impeller Pumps Accessories ■ Fuel and Oil Transfer Pumps ■ Gas and Water Lime Connectors . Machine Tool and Parts Washer + Gaskets Pumps Bose Bibs and Hydrants Ma nine and RV Pumps • Hoses a PistonfProgressive CavftylRoller • Insuiatfon Spray LfquId Level Gauges and Sight Pond Accessories lndicators • Pool and Spa Pumps • Pipe and Test Plugs • Pump Accessories ■ Pipe and Tubing + Pump Controls • Pipe Fittings and Couplings Replaoemerit farts * Pond Aeration Rotary Pumps ■ Pressure and Tsmperature Sump, Effluent and Sewage Control Valves lumps ! * Replacement Parts • Test Pumps Rotary, Swivel and Expansion * Well Pumps Joints • Tubs and Showers + Shut-Off Valves . Valve Actuators, Enclosures, and Sinks and W80 Fountains Accessories • Solenoid halves and Coils Waste Water Hangars j • Strainers « Water Coolers, Dispensers and • Toilets/Urinals Fountains Tube Fittings • Water Heaters + Water Treatment P, Emergency Preparedness, Sandbags, first-a[d supplies, disaster recovery products etc. s Sandbags * Emergency Water and Food • first-aid Supplies Rations • [disaster Kecavery Products • Emergency Lightstfck Stations-KiFxlk � • Jricfdent Command and Triage + Decontamination Shower Suppler I Supplies Hoses « Field Desks Emergency Lightstfck -atIon • Earthquake Safety Devices Accessories • Off-Grid Entergy Equipment and Decoritamination Shower Decks i Accessories Qnd Elevation Grfds Is Decontamination Shower * Decontamination Shower Nater RinMrig Wands and Shower Collection EMERGENCY PnEPAFIEDNESSMeads • Decontamination Showers .. Whistles Emergency Response Cots and Beefs Other Emergency Preparedness Products can bs found throughout Grairrger's General Catalog. Communities across the US experience severe disasters_ Grainger recognizes that Emergencyreparedness products, services and solutions are of extreme value, Grainger provides a broad and fobust emergency response products and services that are available when needed.A sumrnary is resented in the Value Add section. 1tl'1'NO.192183 Thio( its' csf'A'rresc�n i}liNi :1� ri1 11,2[l]4 !rtafn#c,ra')Qe,repair And Opimatlons(.WRo)Stipplies,Pmts,F uipn,ent,A4alurials & 56 1�.�'lared Service~ Page 541 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT rrr(WAMM. REQUEST FOR PROPOSAL t�p.19 163 255 VU.ALAMEDA. BTH FLOOR, TUCSON,AZ 88731 pR1NCIPA CONTRACT OFFICER-JENN MYERS, CPPB PH-' (520) 837-4137/FAX: 1520) 781 A736 . Other Categories Offered by Grainger I. Sourcing: (3rainger's Sourcing Team procures facilities maintenance products and services beyond the Grainger cat@log, IN'th access to more than 5 milfion praducts and more than 16,000 national and local suppliers, the team �evdIprovides a total solo#ian for ALE, 3 MROca#egories andVia associated sub3 Categories to acquire infrequent and Ioyv the' rA: ; demand items. Grainger has Business relationships elationships with manufacturers critical to Member operations, I it, Fleet and Vehicle Maintenance + Auto Body Tools + Automotive i_Ifting/Garage i • Autorno ive Chemicals Equipment • Automotive • Automotive Lubricants CleEmingJAppoarance t A4itomotive Maintenance Tools * Automotive D18gnestics and • AiAtometive Mechanical Inspection . ALltQmotfbi�Towing • Automotive l-lectrical + Replacement parts • Automotive Exterior + Tire and Wheel Automotive Interior * Vehicle Lighting ! Alutornotfva Lifting Tools s Iii. Hardwaro i • Braces and Brackets ; Latches, Hasps, and Hinges * Door Hardware ! Magnets and Magnetic Strips • Door Locks and Dead boIts + D-Rings and O-Ring Kits • Orawar and Ca net Hardware • Replaoement Parts • Electromagnetic, Locking Springs Systems Wall and Hand Fail Hardware r • Garage Door Openers Window Hardware Hardware Supplies * Keyless Access Locks iv. Office Supplies Audio Visual Equipment . Office Organizers • Binders and Clipboards ! Office Paper and Notebooks Boards and Easels • Replacement Parts * busfness Oases ; Retail Supirillee • Calendars and Planners + Stamps and Ink Pads + Clips. Push Pins, and Rubber Staplers,Tape Dispensers, and Hole Hands punr'hes • Clocks and Time Oiock Is Wr9ting and Correction Systems . Laminating and Binding Equipment + Computer Supplies and Media • Office Cleaners + Document Covers, Displays, Office Machines and Calculators and Frames Flags, flag Poles, and Accessories + File Folders and Boxes . Ink and Toner { RFP NO.192153 �— � The City of Tvcson &ONI NIA April 11,2019 1flainten-nacc,Repair And 0pem-zilitms prjj�q Sjapplics,Parts, Lyui1),zlelii,N-L-steriKJs& 57 Related Services Page 542 of 1743 CITY OF TUC ON DEPARTMENT OF PROCURE14ENT AWA REQUEST FOR PROPOSAL ado. f@� B3 I 255 VV,ALAMEp DA, 6TH FLOOR, TUCSON,AZ 85701 PRiNOIP,63 CONTRACT0FFICER,JGNN MYERS: CPPB PH: (520) 837-4137!FAX- (520) 751-4735 Y. Lab Supplies • Agricultural Testing 0 Labwere * Chromatography . Material Testing Equfpmcnt * Lab chemicals kftrobiolo-gy and Molecular Biology • Lab Consumables Supplies ■ Lab Diagnostics Particle Sizing Physical Test * Lab Equipment EWIpment and Accessories • Lab Filtratlon + Replacement Parts * Lab Fume Floods arwd Soil Testing Accessories ■ Water Quality and Purification + Lab Furniture Water Testing Uquipment and • Lab Instruments Meters Lab wens, Heating and Lab Stnrage and Transport Refrigeration Laboratory Education and Training + Lala Utensils vl. Outdoor Equipment * Camping Equipment Replacement Darts * Concrete Mixing and • Shovels, Tampons, and Digging i Preparation Tools • Crop, Nursery, and Snow and Ice Removal l.andscapirtg • Sail Treatment and Weed Control i • Cutting and Pruning Tools . Sprayen� and Spreaders ■ Electrical Generators Temporary Outdoor Structures and + Englnes Accessories • l=ancing and FencIng Wheelbarrows and Wheelbarrow s Hardware Accessories • Forestry * Power Brushes, Yard Vacuums and Hoses and Sprinkler Systems Leaf Blowers + Insect arid Pest Control • PMsure Washers and Accessories • Lawn Sweepers, Rollers and • Rakes and Ctiltivsting Tools Aerators + Mowers and Trimmers F Vii. Electronics and Appliances • Appliances * Intercoms and Speakers + Communications . Replacement Farts i * Electronics Viii. Hospltalitly and Food Service � + Food Service Tableware, Bar, and * Bed, Bath and Table Linens Buffet • Freda, Cribs and Mattresses + Hospitality Unkrrns and Workwear • Exemise Equipment 1i7door Furnishings * Flooring Laundry Supplies and Equipment * Food Processing • Library and School * Food Service Apparel Luggage Carts and Racks • Food Service Appliances and ■ Pool and Spa Equipment Equipment . Recreational Ganes * Food Service 0oncessiort . Food Service Snack Foods and Food Service Cookware and Condiments RFP �TT�I�o(:it}'of'l��ycsun U�biT�Zri {1L1ri! 1 �,201 NIailitenanuc_Repair Mild Opo-atious(N-IRO) applies,1'kirtk,F,quiprnent,MaLo"laiS arc. Sir Rclated :5oruices Page 543 of 1743 CITY OF TUCSON IDEPARTMNTOF PROCUREMENT 63 PRJt,1r � REQUEST FOR PROPOSAL AL �110.. 18 19211 255 UV.ALA MEDA: BTH FLOOR, TUC-SON,AZ 85701 AL CONTRACT OFFiCER:JLNN MYER8, CPP 3 PH' (520) 837-41371 FAX' (520}791-4735 Preparation • FOOd Service Storage and Transport f=ood Service Disposables and a Team Sports Equipment 01sperisers + Equipment Repfacemerlt Parts 3. Jdeatiffcation and description of manufacturers within each sub category Grainger Is proud to offer products from brand-name and seciafized industry leading manufacturers. Manufacturers and Suppliers listed are � representative of each category and not all fncJusfve of our 5,200 catalog manufacturers_ a. Matal's & Power Transmission Century Schneider Electric Contitech Marathon Motors Pasco V Ntin Weg Genteq Tb Wood's V Ruland Bafdor Electric V Tsubakf Manufacturing Ametek Lamb Vfbco d Skf Leeson Continental puff-Norton Dart Controls Seafmaster Bessey b. 51ect:rlcal Supplies Square D4 Tripp Llte r'anduit Hubbell Wiring Eaton Dmron + Device-Koilems Southwire Company V Carol Eaton Busemann Sohnefder Electric i c. Lighting } i *' GE Lighting Philips *' Lutron Lithonja Lighting V Recyclepak Y' Shat-R-Shield Advance V Light Efficient Duracell Strearrniight Design Energizer f�effc--ori d. Tools Proto V Pacific Handy Makita Ridgid Cutter, Inc Bosch V f lefn Tools Sk Professional Jet v' Stanley Tools Morse Jobox t nipex V Husgvama Greenlee M[Nvaukee V Lenox Channelfook Dewalt Safleigh Industrial Rldgid e. Measuring Tools Test instruments Fluke V Amprobe Megger V Exte(,h V Dwyer Instruments V Traceable *� Elir Winters Tsi Alnor Ashcroft RFP NO. 19213 The City ofT�cs�n&Oi17iYiA April 4 I, 2019 1+1aintenwicc,Repflir And Opmt ions(\dR0)811ppiic�,Pails,Equipn);:nt,kiaLuxials& 59 RtehiLed sen-ices Page 544 of 1743 GRAZ C TY OFT ON EES UES OF Ocu N�T om ' REQUE TF R OPO LN 0. 1 163 arm 265 W. ALAMEDA, 6T HFOO& T CSON,AZ 85701 PRINCIPAL CO NTRACT 0rP«uENN MYE RS, cBPR < 25 % n7-4137,' FAX' ( 25 \»1»735 ( £ NA--urnatc K Ingersoli Rand w Gast « Legfis « Reelcraft wGhlnNod eomkc w Guardair V am z WH mom « Fuji Sect§c « Parkor g. Machine & Cutting \ool z Chi @o-L k be z Cleveland k Jm Cudtmnl w | tU oyo w |rvvi n H s n V Dewalt Q starer # w k! « United Abm mE « CI Hoe zNorton Salt ¥ Widia Gtd « Weiler w ]I t9 zSandvikcoemBN « OSG z am Abrasives | « Scotch-Brite « ]U z Merit h. Material Handling, Storage & Packing « RuAerm2d ® Col�erm en z Hallowell' i ® Werner w Durham w Strom Hol I » AU u& w H¥n/Qn ® Husky Rack &gym V Tennsco ' I I E Welding ] z m| e||| re yc ® akar w Adler w Lincoln Electric « Bernzomatic, z Magnaflux { ¥ 7d2 ® T pray « Worthinnton zHarris F ke� e� r &Ad es»e « Red Head « H6RCd « Ash ® DewU w uR rastening « Pop Avdel « Englneered B z T « Foreverbolt Power's « m RPrfu S m» Ken For k. Lubricants, Sealts & Paint « R2Ggeum w Bink z KRInI uer## & | ® Polar Plastics « Rae zSunnysIde « Woocter « Prarnier Pratt& Lambert z Graco E Smky & Security Supplies « A2G « Miller « Vdomb « 385 ® Norta w V ter L c�k ® Brady z am D Sale « 5.11 Tactical w Miivoflex « Garrett Metal z Mr. Chain « Dupont N7 Detectors w BANNER Stakes S/d! « T maw/E « Tyclenbt)oob w W) « Iba wy Industries w Honm ¥ #Ga- I ( lUR VF—Ii2-1GE TDQR, '@ & oKN!& April t.»m Mainten m Repair And OperaLi ml Rm »AGr� Lqi ILILML,M.-J>VIQJS& A 1( b!2r e Page 545 0 1743 C TY OFT CSON DE PARTMENT OF PROS REMEN "ZAK". Qui REQUEST PROPOS , 1 1 63 255A A EDA, HFL ORT o\AZ 77] PRINCIPAL GO NTRACT 0 FF 6E uE N MY ERS, CP B IP: ( 25 q 837-4137 1FAX' ( 25 q 7914735 m. Cleaning Equipment & Supplies w Georgia-Pacific « Ability e « 3m « RtAbbermaid G n»eme C Cm « G4o ® Pureil « Simple Green ® vvypam n. HVAC Supplies wFriedrich w NAm G w O mark z Air King « Power Breer zhnsonC Control's « Honeyyveff « n « Fostoria w Frigidaire0. ( � Pumps & Pbmmlig V & n z Watts « Tei,,hrioJogy zArmMrong « Apollo ZBell&O ,se] z Redhat z Little Giant w EIpRG ; Elkay z All w Liberty Pump ' « Parker Z Aro z Sandpiper z tum G Goulds Water z Fnis Thompson w m-Ruud w C11.10ago,Faucets ¥ Flint&WaNing | p. Emergency Preparedness « mR « mpmteT« ! wKI , z UIrtech Incw chemlight By z jusli! z Meal KitSup ply cyalume z Fsi ¥ Pollcan Technologiea G Quakehoa: « Dme z Snaplight By w Classic Plsa C'Q' w 821b cyalume Corp zAsp Technologies | Ter [ Sourcing: In 201¥ Grafrger engaged 1$ Ou�c suppliers to | §Qy Dustomer needs. To see an example of the Ude EerRa manufnctures please seeIGrainger Sourcing in the Appendix. Pleet and Vehicle Maintenance V u«n Fikers « Buyers Products « Peak V CRC « Associated Equip wReese z OTC z 3m « Valvoline wGray Ill. Hardware ® Len ® Kaba « Velcro Ben « Norton Door « Schlage « Trilogy Alarm ( Closers z National G uard Lock T] c�lykT nA &oNNL4 April 1R »m ebqicF,llp, &UC)pis Lm Suppl U.Pq, Gurm%RL9tU90§& 41 Re,»d k» Page 546 0 1743 CITY OF TUCSON DEPARTI LENT OF PROC UREtVIFhNT r�+� R REQUPST FOR PROPOSAL NO. 792763 255 VV. ALA MEDA, 6TH FLOOR, TUCS0N:AZ 85701 PRINCIPAL CONTRACT DFFICER:JINN MYER , CPPB PH: (520) 837-41371 FAX: (520)781-4735 Rockwood }' Sargent Yale iv. Office Supplies Quartet Ghent Bait HIP Ability One Saundersi Sharpie Best-Rite Tough-Tex NyJglo V, Lab Supplies Labohem ' Spectrum V Techspray Dynalon / Exterh V Branson V American Blotech V Oakton V SP ciencew8re Supply V Qorpak vi. Outdoor Equ1pment f enerac Echo Ariens +� Pramiere v Chapin $nowax Mi-7-M Dewalt Briggs & Stratton i Fonda vil, Electronics and Appliances RCA V Frigidair4 Bpeco Technologies Sharp V Strealmlight Peerless LG Electronics V Ritron vtD. Hospitality and Food Service Dixie V Rubbermaid 0ortach Hirsh V Dart V OFM Inc. � Bevco � Balt i b_ Whot is the total number of products offered in your catalog? Are all catalog products stocked in your distribution warehouses? Grainger offers custonners over 1.7 million products provided from more than 5,200 key suppliers covering over 32 MRO categerfes. Products are strategically stocked across the United States in our Grainger owned and operated 14 state-of-the-art distribution centers, 250 branches, or through managed inventory at a customer location, The DC network stocks approximately 650K of the most popular fast rnovJng items_ While not all products are currently stocked in our lb 's, Grainger will meet the City of Tucson's requirements. rainger's supply chaln technology enables each branch to customize their inventory to rneet local customer demands. Grainger brings together particular custorner demand, soul-Ges of supply, and rainger's distribution operations. `Elie objective of rainger's supply chain is to deliver product same air next day after it:s ordered_ Ir TF NO, 792'J62 _ — W.•_� The City of'l�resun & CkMNIA April I I,2019 Ivlainlenance,Repair Aird Opel'aliuns (%FRO)Supphoc ,Parts,L+quipmchit,llnGeriafx& 62 l�eit�tcd ea�iccs Page 547 of 1743 MAZNGU. CJTY OF TUC50N DEPARTMENT OF PROCUREMENT rjr REQUF�$T FOR PROPOSAL NO. 192163 255 W. AL Mr:IDA, 6TH FLOOR,TUCSON,AZ 85701 PRJNCJPAL CONTRACTOFFfCER:JZNN MYERS: CPPB PH: (520) ). 837-4137!FAX: (5�0) 791-4735 c, How are green products identified in Your cataaog? Dnfine ordering? Catalog Green Product Identffication: The Grainger catalogs include designators of Green Products or EPP certifications, as illustrated below, -'O x 914r �,r}__ b roiwu -1bu T S'K q Mies C n. - ' .",,.�+ �_ iaPacit �`..' 91�[1J ,.. .0"Lv. _ tpt'a�� 3_. _ 0 v � :�W�Ciet'Ip;a•I}a'uflc ,4�'�y 4 6"x`12 N . .�iY � , '.� .,; .. ... ..... ...�'�:r.:.. .., .... .. ........Fes, 1�-_ Pull,, �--- To T Moo EPA Oad4wgffsrnrpoaPC lsIMB(mycladlfiber&h1anl, f,amsnSoagQS�v8}arwdardCmexad Grah?gei'res'es s}pec e r s'igrrrrrors in our hard eopj,caudag to Jdc?nt j&green produc& Online Green Product Identification: The City of Tucson and OMNIA Members can eas€ly identify environmentally preferable products on � Grainger,com. When searching for products simply look for the Green Leaf icon. This indicates that the select product has a UL vol[dated oertif i catio n and/or attribute. On G rain9er,com members can fliter any I product search results to view environmentally preferable options. I reinger proMes the CRY of Tucson and OMNJA Members with the abfiity to shop for all certf'fied products by clicking the certifJcation logo provided on the grainger,camlgreen website, End users can also narrow search results to identify environmentally preferable certifications and attributes that meet their speolfic requirements, All EPP products on Grainger's shelves will have EPP � product Iabal& 4NEMA µ•' F? ,..� SBCidFLBkr CF41GH The City of Ta'-s'oll YrbLL§SLIIP. { '.rye. . D o-c`}na.,+ ' and OAINIA Members. cry Rifrrow thele J:l a� tn�cascyw.s�sr 5� V,?ar, lh rO.su}t J)y Laid. r�;fitretY fRi .,,.. 41c.' !F o:t'Lralwrta(,x�.t, 9'.� p r C'lteCk�rr�, the CJ envirounren1-tally _ �� lil.2n'mF[iwtt#Y'I4VfW!u4'.{r}3: zaJ d altr brtte g1gy are yy��► Ik11��SI,iThT{dBLL 4F7�sTY 'dSDk¢en,'#76{ui[9z5'Wv{LV7- a FSG `r k.i;lLis i.ry d. Do you offer"Private Line"products' Please describe, Yes, Grainger offers 151,000 SKU's, across several brands in our private labef offering. These brands include Air Handler, Condor, Westward,ard, Dayton, I.,urnaPro, Speedaire, and Tough Guy, £tl'Y PdQ. 11 2183 - l'he city of Tucson&.0141<N1A April 11,2019 RJaintmance,ltcpair An(1 0pertitionx(%4RO)Supplies,Parts,Equipment,Ivta#erirLis 63 ltelfucd Servicos Page 548 of 1743 CITY OF TUCSON DEPA0. TMENT Of= PROCUREMENT MREQUEST FDR PROPMAL ND. 192163 255 W.ALANiEf)A, 6TI� FLOOR.TUCSON,AZ 8701 �LG rirr 1 fd I�f CONTRACT OFFICEf ;JENYERS: f RiNCIPAL CPPB PN' (520) W-41371 FAX- (520) 751-4735 t# C ra Air rlftrtii bn Pradut Air f'Iltor Frames,Air Fiiwrs.I'art Shroud:,.Past Fxaath L'for Doper• i -.- --- - — . -- - ` ��rcolt�fi} �IltrQtian PeF34AI U NOt� tiva rtlui}ni nt; Eerlotjfk;,Eya;oa�r$JCdn sfale;,I f'aOe Sr ic�lcse,G'fo.e ,.. l lend H9t Unurv,Headgoer;Hirgn•bTslWity Apparel,Pr#f6rsve C:o'1-iris I$oi5uepr,tiB�Bly G'nSK'rP,E�Afe!v ra,lgrr$,IDW,rr+ sks,Srpfaty Fncdhcar hsdalstr�e!FEalad T ori;'Ileal S�yrege,t4lasier foal$r,t hlea.81jjCs TGvIb,Mand TOC.Y,ToM 4 , QWA4 INA umarl;�,4tadamry Pmor7odle,MioumaviQ%mctot Ah+�rc741alntartiar.x,I.ff€En�ipriaant _ P1k eiviori f.5a ur5i�en1,SIi Supplies,C7�tt�aor F,kjujpMrj `jd1tAY o FJdr trQmecfFal,i of Aald Matorlal Handilrrp;PAvtara,peryrTYans�r,',y°an,FIvAG,Furllr ,— 1+at.,unaa, utflry[he�r�rara,�7u8', o11130r.-r�,biailiaioryTsrals,�nervrwki��, 91sy�, Hand IGks 0cr1151 PfdkA I'4*,LIfls,,Winohas ° LIhtin �I to 4J 9 and x r8e:Lamps,l3aflasLs,Cork l,lghl)s par,Es I-tgli;s,F;�sh¢ �+ rs,�Fl� rtillgnfs�.� - ro plc u6htiny,r]x'tlrasr Niachiiie-rd Ugh ,WP9nlira Lige,MOrmh saraws,Porta61� #ter_ 09Nfrag Raape8.!D:1 Llgliung,7arB and ilxquk LlglHMO 'x Pi4eumatloo:rlhrashMrjttaFters,AlrCompressorsr,er�A000ssories,Alrl?ryer., Lar Il tfon9lw8,rampreaW'1013,lwafal'6,flas!wwin Diyers,I zr Nr%,ate",Hose RE�1% ell Filfora.Spa ay Guns ElndAccdss;oiidh Janitotial SU;Vlian;C'ieoging Chenileale•CIeaning spQpplies•Hind,nd Parfolaar tly0w I estrccai Fquip-wit,IN jE Cc;nlsm(qs,grid Lirl&rs Uality - The quality of rainger's Private Brand offering meets or exceeds those of national brands. Products with the Grafngear Gholoe designation are � continually evaluated by Grainger product managers and engineers for dependability and durab[lity to ensure performance. Value - Prnrate Brandt help The City of Tucson and OWA Members save s time and money. Most items are Stocked in rainger's distribution network and are exclusive to Grainger. The Grainger warranty prornise is fully applicable• $election - f=rom safety supplies, hand tools, motors to material handling, pneumatics and clearfing products; The City of Tucson and OMNIA Members will find a strong and diverse selaction of Private Brand products, r a. Submit all information that will aid the City in evaluating }your proposal. 1 Grainger Is offerIng an innovative solution aimed at benefiting the fty of i Tucson, 0MNlA and th& Partfcipatfrrg Public Agencies, Out offer includes but is not limited to meaningful benefits, a newly rev1sed incentive program, an advanced technology driven supply chain, and solutions tailored for the Government Sector, rainger's contraot solution benefits the City of Tucson, OMNIA Members and Participating public by: • A dedicated Public Sector Sales team for the City of Tucson and OMNIA Members whose purpose, training, and solutions public agency's WiDctatfons for compliance, value, and servfca. • A competitive price offer covering all Grafriger categories including a newly revised incentive program that reaches all aspects of the City of Tucson anti 0 M N I A meinbi~r operaitions 3 11F11 NO. 192163 IThe City of'l�tc�r)n {}bil�'Iti April 1] 20 f 9 'I1aijitun nce,repair And Operations (-WRC)Supplies,Parts.E[iuipnicrrt,Mkiforfais arc. 64 iterated Sol-vices Page 549 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GMINGUR REQl1E8T FOR PRQPOSA� NO. 19216 3 255 Ae.AIAMEDA, 6TH FLOOR TUCSON,AZ 85701 r+r'� r PRINCIPAL WNTRACTOFFIC E�R;JENN MYERS, GPPB PH: (520) 837-4137 1 FAX' (520) 791-4735 A comprehensive reporting model for Governmerit customers aligned to specific requirements across acquisition, operations and audit. * A National cerc- list consisting of approximately 2,000 frequently purchased items ley cities, countles and education customers • A National functional alternative SKU list parallel to the market basket offered to all pafticipating agencies, • City of Tucson and OM NIA member Custom Core LI,t • DistrIbutor Alliance Program for local small business participation i Experience with and expertise and knowledge of the City of Tucson. Extensive product lime and related services of over 1.7 million SKUs covering 32 MRO categories with 1.3 billion avallable invLntory * Over 16,000 sourcing suppliers to meet specialty nods for items not offered in rainger's catalog Ongoing engagement with the City of Tucson personnel' to address contract expectations, changing priorities, and highlight new MRO products and innovative solutions Same day 1 next day product shipping With standard fire-Paid Frelght l I A physical presence in the state of Arizona since 1954, approximately 880 Grainger employees We and work in Arizona, i Grainger Specialized Government Solutions I From state agencies, ' education, and local municipalities, Grainger has built key solutions that go beyond MRO including; Department of Transportation, Corrections, Law Enforcement, Firefigh ing, Emergency Medical Services, and Waterworks, par#rnent of Transporlfatlon and Public Works: Grainger has products and solUtioi)s compliant with the Federal Motor Carrier Safety Regulations and offers FAZMAT online courses to DOT shipping ' .' labels and handbooks, Our solutions increase productivity, .;, ' r reduce maintenance backlog and increase the lifespan of your I equipment and other assets, i Dorfectlons.' Grainger offers food trays, uniforms and mattresses, metal detectors, security cameras, energy-efficient solutions, and personal protective equipment, Law Enforcement Grainger offers thousands of [terns iniAudi€ g tactical vests, cutaway armor, carrier vests and specific body part protective armor. Firefighting,- Grainger offers firefighte=r gear, search and re-scue equipment, and fire station essentials that meet or exceed industry standards, rainger's After- Flours Emergency Services help emergency service agencies get exactly what they need, Emergency Medical elvlces' Grainger of=fers an extensive selectioll of EMS and rescue supplies designed to help cornfort, manage and transfer patients during f+ RFP NO. 192163 ""- The City OCI'ucson & OWNTA April 1 1, 201.9 - Kdnionanc e,RFpaiir rind Opera[inns (_MR{))Suppliu% Pals,Equipment, & 65 Related 5urviees Page 550 of 1743 CITY OF'rucsoN DEPARTMENT OF PROCUREMENT NU PRINCIPAL REQUEST FOR PROPOSAL NO. 192 163 255 W.ALAMEDA, 6TH FLOOR.TUCSON,AZ 85701 PRINCIPAL CONTRAO'I'QFFICER'JENN MYERS, CPPB PH; (520) t+ 837-41371 FAX; (520)791-4735 emergency situations: and bariatric boards, stretcher and first aid cats, immobilizers, trauma kits as well as CPR masks to help you safely and efficiently transport patients, Waterworks,, Grainger offers pumps, testing equipment and meters to blowers, lab supplies and personal protective equipment, we've got top-quality W ' items to help you rnaintain your critical waterworks infrastructure, Solutions Include Security, Inventory Management, Fnergy Efficiency, and Emergency i Preparedness. Distribution Capabilities I Tucson and OUNIA Members product orders are avaliable for immediate pick-up, sante-day shipment, or same-day delivery, Grainger's standard operations encompass the following capabilities- 1. apabilities:1. On-hand Inventory: Over $1.3 billion in on-hand inventory immediately available to dellver to our customers to provide over 95% with next clay service, 2. Customer Specific Inventory ; torod Locally: Storage of customer-specific inventory at local branches or distribution centers to mitigate potential stock- cuts in emergencies. ; 3. Immediate Shipmpnt, 99.6% of in-stock products ship within 24 hours from Grainger's Nbrth American network of distribution centers. Grainger ships in- stock orders received by 4;90 pm local time on the day the order is received. Through the use of commercial carriers, such as UPS, customers receive most shipments the following business day. Additionally, Grainger uses local { delivery sources for emergency and other expedited requests. � 4. large Square Footage: Grainger's distribution network represents t approximately 25 million square feet, making Grainger one of the largest square footage sup pIIars in the industry i 5. State of the Art Technology in DDs: State-of-the-art, LEER Certified distribution centers quickly process customer orders and speed the pick-pack- ship activities for our warehouse [personnel, . Knowledgeable Branch Personnel Su ort: Grain er branch 9 pp g personnel provide support and services Monday — Friday, Ban — 6pm to assist customers. Services include: • Technical product support Search and seJect product assistance (in person, phone oremail) + Order placement * Maintain and manage customer specifrc Inventory * Product return services Gail ahead "Will-(;all" support for customer(product needs 7, Integrated Distribution Network: Grainger communications networks link branches and distribution centers across the country to allow total asset visibility to meet customer creeds expeditiously. This results in almost instantaneous transmittal of product inventory and shipment information. When a Grainger Customer Service Associate (OSA) receives a customer inquiry, the RVP NO. i92163 '-Die C'iIy nF Tues ort & ON-1NTA April 11,2019 l+�lrJLAcmance,repair And(�)erations (tIRO) Supplies,Pani, F,tpripanent,lvlatcrials&. 46 Relatecl ervic. Page 551 of 1743 OITY of TUCSON D EPARTNI F-NT 0 F PROCUREMENT i R (REQUEST FOR PRCPOS AI. NO. 182963 255 VV.AtLA,MEDA. 6TFI FLOOR, TUCSON_AZ 85701 PRINCIPAL CONTRACT OFFICER'JPNN MYERS,CPPB PH; (520) 837-4137 1 FAX' (520) 791-4735 C8A ncit only has access to the local branch inventory records but access to the national inventory records for the product at each branch and distribution center across the nation. Grainger ships in-stock orders Feoelved by 4;00 pm local time on the day the order is received. Through commeroiai carriers, such as UPS, customers feceive most shipments the following business day. Grainger uses local delivery sources, such as messenger services or common carriers, which assure emergency and other expedited deliveries, i II 1 i a I I F I { iU-'P NO. 192163 _ »»� The City of Tucson '€ 6-MN11 April J 1,2019 Hill tananee,kgnir And Operations QvIRO) Supplies, farts,Fquipmcnt, Vaterials & 67 Related Scrviwes Page 552 of 1743 GRAINGM CITY QF TUCSON DEPARTMENT0F PROCURENr-NT 11r MMM= REQUEST FOR PROPOSAL NO. 182163 255 W. ALAMEDA. 6TH FLOOR, TUCSON. AZ 85701 PRINGfPAL CONTRACTOFFICER.JENN MYER , CPPB PH: (52 0) 837-4137 f FAX: (520)791-4735 S. Services a. Provide a detailed written response illustrating how the services offered wilt meet the requirements of this solicitation_ Offerors shall provide the proposed services that will meet the Service Requirements of this solicitation, For each proposed category. describe and10F provide details explaining your capabilities. I n your response include fnformation such as- Orafnger has responded to all service requirements noted in this solicitation_ In addition, we detail below other value added services. 1. Policies and programs detailing your efforts in these areas. Grainger describes below the policies and programs offered in this response 2. Literature explaining your capabilities. Please see theendix for all Literature terature presented in this section 3. Submit all information that will afd the City in evaluating your proposal_ See detailed description of programs offered below 'I. Sourcing: ' 1. from non-catalog suppliers, ; i . of line card extensions of catalog suppliers, 3, for custorn products, and for OEM repair parts and accessories. Grainger'.s dedlcated soureing team procures those MRO Materinfs and supplies products not found in the Grainger General Catalog. Knowing our customer's facilitles are specialized and that product lead times are critloal, Grainger works with local and rational suppliers throughout the UG to address specialized customer product needs. rainger's sourcing team leverages Grainger's buying power for miscellaneous related products and provides customers with a total cost solution for acquiring infrequently ordered items. Through this channel, i Grainger provides qulck access to over 16,000 suppliers and more than five (5) million products beyond the Grainger catalog offering. Additionally, this channel provides access to line extensions (non-Grainger General Catalog product from Grainger General Catalog suppliers) and some discontinued product catalog fines. Grainger sourcing team accompiishes this through: • A centrafized, dedfcated, and experienced team to quote and manage orders. • An expanded assortment through a large supplier network of manufacturers and distributors. This gelleraily includes; ��I�Y NOµ'i921133 • •._�� n••�,-»�.,• The Cif}'ol'7-ucsc5n &01�1NJr� April 11,2019 N-lain lonail ce,Repair And(4)eratioiis (N-1RO)Sijpplies,1'Firls, Equipment,Nialcrisl"k 6+9 Rc-14ted Servk!Cs Page 553 of 1743 CITY OF TUCSON DEPARTMENT 0r PROCUREMENT r REQUEST FOR PROPOSAL NO. 792763 255 VV. ALAMEDA. OTN FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT0FC;ICER:JENN MYERS, CPPB PIS_(520) 037-41371 FAX: (52p)791-4735 Expanded offering from core (Catalog) suppliem Products from non-pore suppliers Custorn products Select services Shipping orders directly from Ewppliers to Grainger customers 2. Software Punch-out Capability: ThG capability of your electronic ordering system to Interface with an agencies inventory software system With our e0ornimerce capabilities, customers may choose to order oVer the Jnternet through Grainger.uorn, place an EDI order or order through a proourement solution such as Ariba, SAP, or Oracle. $ G ra I ng 0 r.corn is G raincger's solution that allows users to find the products they need, compare like items, and purchase products of icientiy. Users can also access real time availability and track purchase history. This solution is available on a desktop computer as well ns on mobile devices Advanced Features of Grainger.com provide the approval, spend limits, workflow, and repofting features of Gralnger.com and improve control over spend and increase contract compliance with these features. Enhanced Features: Grainger_com offers enhanoed features for greater purchasing control and a r:ustornized experience, Through customizable ' spend management and order visibility functionality, Grainger' aims to help custoirrers manage expenses more efficiently allowing you to create custorni,zable order approval warkfJows and spend limits per user. Workflow Management Controls: Grainger's Order Management Solutions has no limitations today regarding order management through receipt of payment. i The City of Tucson and OMNIA Members are able to control and manage their workflow and spend management when registered and Jogged into Grainger.com. rainger's order management system allows the member I greater purchasing control and visibillty through customizable and flexible spend management authorizations. The workflow control's described fere are administered by the individual Purchasing Entity. Grainger's online Order Management System allows Members to: � • Establish an approval process for orders that exceed Member- specified dollar limits • set a budget for individual users on a per week, month or year and then track their spend with reporting • Designate specific users as approvers • Apply spend Ilmits & default approvers across multiple users or groups of users • Add notes to the order as it is sent for approval 1UT NO.192763 The City of'l'truion &C111')(NIA ,•••� ApriI H,2019 N19intenance,Repair rind ()perations(MRO) Supplies,Parts, Gyuipmcnt.kfaterJa1S & 70 ltChLLOd SenTices Page 554 of 1743 IAMR CITY OF TUCSON DEPARTMENT OF PROCUREMENT af�1� REQUEST FOR PROPOSAL NO. 192953 255 VV. ALAMEDA. BTH FLOOR. TUCSON'AZ 85701 PRINCIPAL CONTRACT 0FFICER JENN MYURS, CPPB PH; (520) 837-4137 1 FAX: (520)791-4735 �F Modify delivery and payment information on orders submitted for approval ■ Add, remove cr change item quantities on orders subrOtted for approval • Apply a payment rneth rid from yo(Ir profile to a pending order • Set order approval rules based on Market Basket items Work Orolcr Integration: Grainger can integrate with cuatomeT Work Order Mana94�ment Systerns. This is performed through Computerized Maintenance Management Systems (CMM )/ Work Order systems with the purchasing process to allow for recQnciliation of purchases from work orders. This integration aligns work order data to product orders and packing slips for streamlined receiving, and assigns product cost to the s work order, i I Oraer Management Doshboarc L'.__aareG�2csn4 06*e�Y.<}muMr Gd 417ua:w r s_Irna aw tim the x IVIfvAA'WiIQ UI HviUW-You[m ahass[Ihsl 1�2kms usrUlrb Y.Ihr Ilp V112 Ea,c Uvkn aMA lYrtk per aider,m I.N qu!HK o'"a Abd n"j VmJ Ing martyr llrin cf.10F y.v.Nj lilih In aft jjmlaa.kie J[Emm Efts Qr Li p��riYLS'lex Ykmr w1,Cd Uii19 k+Y 'NaWl.ow l 6 mUC L7IIe ..... ............... —_ I � I 'I n'rr HBni r 1.4.+1RL'OYJS.[.6 _41,]1ACl11wnw.yC. SOAS .3_`:Nrcs;In}'.+x't+rl $1EEO p: PIUi0.Ulek 4 WOOLU.her Add 1 r A r s old}A�iru�rr I I.irTi its Tut.Multlale Users tlra.oLn.IlwE,a '6}�CnxEOI:Y-.nkIII PPS � E e. 3 l-DEDU45H nE IL 82-a4.{ pe'cn3er ^y, ..5r+1 SP,srdra PN[•i AlmI N.min.h�^M� i DIN Ikrer.Q leRsra rz,mif n r Elf l'I..h.l.i'f.I•ii+ I,w Nrwdf k'Iei, .. 1 1 Rl,iiiiA f11IILi I..._...__ � IrI r r LNOCi}2cflf I. LY�II n}FiT itlf!.I fIM'ia rJ al.'�In��ilx.Ir.4rix :eN m M,,m1i1 QW.90I xdO f1t] {,yrl.#,{ j 11 .� r.W CII12 MUM!:' . .. .. rnrHl r• r� Hs.IIY'S Fplka S'ielnf fW-' = S:i ii r JJIh',rlefN{1fI'• ,:'crel F3Y40P:crtc . Ai�Is%,a 4; itr+o:lls`J'r,IL y - —— rwrm I.• I'. ' hgrlh 3rWWI Et'dekk 7:.rLer I n!d ro L;:a x' 9E 79F.{pf 2a-d•rk I 1Aiip.wUrII[ '}� enl_LrJls APLE"UMI Wry, Fmi r6lu {eneCF�'na'Nard .--___—...._...._...,. Cpl f°'fir an 9:Itt: S}JSf-0tude' ryli.ilSKL UVem1]rinae 16r.UD errnuN v:f xgl7c a7d7mal CIADGAf Io':4 ebt'd'kx CU%- Grainger has established full integrations with some GMM Work order systems, whioh allow users to click out to a Grainger site for stropping' Other integrations have beery established enabling flat fila The City uf'>[�Lcsun &0141N12t . April 11.20NUintenal oo,Rcpair Au{]Dnua-atinns(N RO) Supplies.T?art55 Equipment,M.9lurials & 7.1 Related Services Page 555 of 1743 CITY OF TUCSON MPARTIVIENT OF PROCUREMENTREQUEST FOR PROPOSAL NO.192163 rn� 255 W.ALAMEDA: 5TH FLOOR, TUCSON,AZ 85701 PRJNCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH; (520) 837-x}1371 FAX' (520)701-4735 transfers to automate the reconciliation of work orders and purchases. Grainger's eGornmerce Solutions Managers can assess current work order and purchasing processes and streamline this process with The solutions mentioned above, Other enhanced features include: G Custom Hom* Page and landing pages: Grainger can cu,tomiae the user experience by enabling customer specifc content on the home page of Groinger.com. Grainger can also set certain pages as the default landing page for the G raj nger.corn experience. c> Personal & Shared Lists: rainger,com offers customers the opportunity to create personalized lists of frequently purchased items and sham those with others on the account for simplicity of repeat ordering, o Reporting (Order History Download): Easy access to detailed order history information such las Order, Shipping, Payment, Product, � PrlcelQuantity, Account Defaults, and more, i Mobile Apps: The Grainger moble app includes most of ttje same ' .7. great capabilities as - mentioned above on rainger.com as well as a few unique features fora mobile workforce, Omnia " members can use the Grainger app to find product, view and share i product details, purchase product, approve requisitions, check order status and history, chat with an agent for Delp and much more. Grainger has apps for iphone. iPad and Android devices as well as a mobile optimized web page. In addition to the same great search features found on Grainger,com, the Grainger mobile Opp includes barcode scanning, item number scanning, voice search and location based lists to straamline purchasing of commonly used items. Users can also establish KeepStock CMl programs and scan KS barcodes with the Grainger app. The Grainger incbiie apps make it easy for you to get the supplies you need while you are on the go. Wrocurernent solutions automate the purchase and invoicing of MRO purchases, eliminating many of the manual steps involved in processing transactions, and increasing data accuracy, With eProcurement, companies are able to control spend more effectively, Increase the arnount of spend being managed, reduce purchasing agent overhead and improve requisition-to-order cost and cycle time. Grainger connects to —Fd ND.192163 'The city or'1'ucxun &.(]MNIM April II,019 lmaintelnQe.Repair_4 dOprma[ions(MRO) Supplies,Parls.'Equi]mient, €iterials & 72 RCJtucd Services Page 556 of 1743 C17 OF TUCSON DEPARTMENT OF PROCURE1�ENT riff REQUEST FOR PROPOSAL NO. '192163 f1 255 W. ALAMEDA. OTH FLOOR, TUCSON,AZ 85701 PRINCIPAL OONTRACT OFFiCER'JENN MYERS, CPPB PH: (520) B37-4137 J FAX: (520)791-4735 customers through electronic rnarketplaces, exchanges or enterprise purchasing software systems using universal technology standards such as EDI and cXML. Grsinger also offers a shopping solution comprised of Grainger specific.data deployed behind the customer's firewall. Grainger o fern the following eProcurement solutions and services: Electronic marketplaces., Gralnger connects to customers through electronic marketplaces, exchanges, or enterprise purchasing software systems using universal teohnology standards, such as cXML. Customers can "Punch-Out" to rainger's online catalog, create a requisition and return the shopping cart back to the rnarketplace for review and approval. Direct connections to customers' Enterprise Resource Planning (EIRP) systems, Grainger offers the ability to integrate its General Catalog and buying process with custoiners' purchasing and ERP systems, Customers who wish to "Lunch-Out" directly from their ERP can access rainger's online catalog and return the shopping cat { back to their purchasing system to manage the order work-flow. Grainger can provide Oracle R12, and a scoping call with our e- buslness integration team to determine speeitic need and custornIzation will ensure proper Integration. Our experience with over 125 cuatorner platforms {including those in the graphic below) gives us an end-to-end integration capability to drive streamlined processes resulting in cost savings through productivity enhancemen#s and reduction of direct ordering cost. We have a dedicated team of experts that will assist with CLIstoinization and Implementatlon. aorne of Grainger's supported ERP and Supply Chain/Procurement Networks include: * � , �; gust, HV�PS ACh E- I Supported eProcurement: Transactions: Grainger also supports custom non-standard transactions on a per request basis, in addition to the following standard transaction sets. • Invoice - 810 ANix12, oML , xBL • Payrrpent (CTX Format ONILY) - 820 ANS Ix12 F Remittance Advice - 821 AN Ixl2 ■ Purchase Order- 850 ANSM2, cXi IL, xCBL Purchase Order Acknowledgement - 855 ANSN12, cXML, xCBL 111 P h40.'192'163 The City of ll icsoiz & OMN.]A April ) I,2019 Maintenance,ltepair And 3p rations (1y1Lt0) Supplics,Parts,)equipment,A]aterials & 73 Relatecl Services Page 557 of 1743 CITY OF TUC80N DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 192163 255 W. AI-AMI--DA. 6TH FLOOR, TUG ON,AZ 85701 PRINCIPAL CONTRACT 0 F FJC ER'JENN MY ERS.IPPB PH (520) {337-41371 FAX: (520)79 i-4738 lT • Sh€piBill Notice - 856 AWN1 • Functional Acknowledgement - 997 ANSlx1 3. histaliation, Repair, Maintenance & Turnkey Solutions & Services: The ability to provide installation, repair, maintenance and turn-key solutions and services through Contractors business units, authorized manufacturer's facIIItiss Ar other avenues Grainger will assist City of Tucson and OMNIA Members in working with manufacturers, suppliers and third party Installers, as to product, equipment, maintenance and related training programs. These programs include manufacturer-certified set up, product installatlon, post-installat€oh services and maintenance services. Provided in Exhibit 4 rarainger's Volvo Added Services, are rainger's value added fee and non-fee M R 0 related solutions, Services provided by third-party providers may be subject to a fee agreement between Grainger and the provider. Grainger vdll continue to adjust services offered as solutions become avallable. i Grainger's offerings of value added support services of products or equipment Include: + rainger's network of installers provides turnkey and/or labor-only fixed fee installatlon and support services. Turnkey service offerings Include materials, labor, recycling, rebate administr-ation and tax deduction documentation. if applicable. • Currently Grainger has identified 65 companies that have satisfied our vetting process. Ail companies used by Grainger are licensed, insured, qualified and capable of performing in accordance with Member service req uifernents. 4. Invontory Solutions: Provide inventory management solutions for � stock rooms, warehouses, mobile service vehicles, emergency preparedness supplies, and supply vending machines, Consulting and analysis solutions are also desirable. Inventory Management is a kinique delivery solution moving high usage I items olose to point of use and maintaining critical product availability. I Through its KeepStockO Program: Grainger provides multiple inventory management solutions reduoing Member's total cost of Inventory ownership_ Effective inventory management reduces on-hand inventory, improves purchasing efficiancies, and ensures availability of critical product all while providing secure and eff€dent access. Beyond industry-standard vending machines, rainger's portfolio provides both customer-managed (CMI) and Grainger vendor-managed (Vhtlr) inventory options, including vending. Solutions range from simple to complex serving Member needs and can be combined within a facility to provide a custom service. Keep8tock0 can be integrated with Member purchasing systems c connected with G ra1nger.corn. RFP NO. 192163 w The Ciiv of T)icsoiz& ONIN[A April. 11, 2019 lyiain10fl0isw , Reli air Arid Operrtciotrs (1ti-11t0) SuppIics,Paitis,F.pipment`Ma[tiaialSF74 Related ervioos Page 558 of 1743 GR CITY OF TUCSON DEPARTMENT OF PROCUREMENT r� 14MER REQUEST FOR PROPOSAL NO. 192163 285 VV. ALAMEDA, 6TH FLOOR. TUCSON,AZ 85741 PRINCIPAL CONTRACT 0FFIGER;JENN MYERS. CPPB PH'{820) 637-41371 FAX: (620)791-4735 VIVIII KEEPSTOOKc ONSI'TE; This solution offers inventory support from a Grainger Inventory Mailagerment Specialist, This resource helps agenoies identify inventory needing replenishment through defined rninimumirnoximum inventory levels and can assist with inventory restocking. The onsite resource may assist with invoice inquiries, product returns and expediting orders. The agency keeps control of overall Inventory needs; the Grainger team mernher will; • Identify Inventory Needing .' Replenishment • Manage inventory levels to i the established minimum maximum levels j + Organize inventory and restock products in proper location * Cross-reference Grainger items from your approved purchase requisitions and orders * Coordinate Grainger resources to identify the best product solutions, • Scan managed items and place spot buy orders as needed # Handle invoice inquiries, process product returns, and expedite orders • Source #~lard-to-5nd products • Docurment standard operating procedures at customer locations to provide direction to back-up resources to ensure continuity of service r • Comply with the safety and inspection requirements of the fgcility • Understand Inventory Needs for ongoing insight i KEEPSTOCK@ VIENDINC: Grainger offers a variety of 1 eepStock Secure vending rna;chines to include Coil, Carousel, Lockers, Catafnets and Brewers. Each machine is customized and configured for agency needs and supplies requirement'. { RFP NO. 192183 The C'f1.v oi'7'ocxon & orcein .....»��,� April 11,2019 3]ail k1unancti,Repair And Op!talion1s (%-'TR M 911pplie-3,F�inx, Equiprnent--Ma2rin.1s& 75 J��;Iated Services Page 559 of 1743 AZ CITY OF TUC 90N DEPARTMENT OF PROCUREMENT rtifR k REQUEST FOR PROPOSAL MO. 182163 255 W. ALAE IEDA, 6TH FLOOR, TUCSON,AZ 85741 PRINCIPAL CO NTRACT 0 F FIC E R'J EN N MYERS. CPPB PH; (524) 837-41371 FAX; (520) 791-4735 4 ` s M ■ 7.'a Hlali sec,fiSy _ fth!n m�..11um 15eo, fy •MediuRt5ecurky. •Merlum 9ewrfiylar stye -AudmmaiNIAaU products df Yaryln�sizes capabillfy -Faequil es II41�to� hack-imkheck.in •G00d for rnnswr nbfos P.WL L fep�tkaglii Ass9nrbre I use *Oepof,ad,l disfrranahr op116n z nd 0 jrdt)!P3 .K oxible chest tv as ay 00oaes 'QWNMso up to *Re1i;5toblet lv veul19ura3 D6 to •V&iwa drewer ' n uniquo r Ems- -ACt301riM0C!0te -.w.Can adaGe items mrlipurallons to lwc,er IIa5gles of vadoge 62es grhnrltltptleiel i�errs l of dlbrenl suns ; Grainger will provides compfete project management of the dispensing machines Implementntion Including planning, transportation, I'nstall'ation, onsfte training and repienlshment services. The City of Tucson's agency or OMNIA Member is responsible for provIdiing the necessary electrical f and interneconnections. i $ KEEPSTOC STORE; This solution provides a fully stocked and staffed : Grainger branch nt your location especIally helpful fnx high-volume, high- traffic deeds. Orainger will work with the agency to determine which items to stock and ovesr@[I scope of the solutlon. i i CMI CUSTOMER MANAGOD INVENTORY: solutions let agencies j manag&their own invelntory via Grainger technology. Keep C MI is a web-based tool that provides flexibility to manage inventory to support � specific operations along with searreless functionality across multiples devices. it Is an easy-to-use yet very powerful softtivar8 Solution providing j visibility, flexibility and control while managing products across different inventory locations, Grainger offers this program for no additional charge to any agency who is interested in self-managing invenfor , CMI features include: Search online catalog, add and edit products from desktop or phone Create and manage fire quently ordered items vf' Scan bar code label's to reorder from smart phoney to reduce manual errors Set approval levels for ofde:rs View and track orders V Compare alternate products to select best-vafue Print labels In reed-time for your bins or recently added products Set minimax levels and restrictitans -Ria P No. 192163 The City of Tucson &011-I TA April 11, 2019 Wainiunall ce,Regmir And Opsuh atinns(14IRO)Supplies,Parts,l_Seruip]Dcrrt, Materi ds& 76 R.elnitd Sur ict. Page 560 of 1743 INGER CITY OF TUC 60N DEPARTMEN`f OF PROCUREMENT r�r" REQUEST FOR PROPOSAL NO. 192163 255 4V. ALAM EDA, 6TH FLOOR,TUCSON,A�r 85701 PRINCIPAL CONTRACT OFFICfER'JENN MYERS, CPPB PH' (82G) 837-4137 J FAX; (520)791-4733 Manage user limits and restriotions Customize pmgmrn for specific location needs such as storage areas, product types Ability to manage items in a controlled or restricted access area such as union shops or correctional facilities Great control and irrlmediete information Dedicated t eepStock Teohnical Team MANAGED MRO SGRVICES, Managed MRO provides customers inventory management expertise while maintaining control of day-to-day operations. The customer maintains respon5ibiiity of purchasing, order management and supplier relationships and control of all customer data. This is not a standard VMI program. Managed MRO is a fee-based service where Grainger Inventory Specialists work at your facility to � manage all defined rnateri2ls—both Grainger and non-Grainger I product, Mariaged MRO supports your f=acility by doing two important things; First, it adds expertise having Grainger inventory management experts onsite managing material & products with the knowledge and sKlill to support all inventory management needs, Second, it creates � accountability for materiel Management and ansures the necessary tasks are completed with efficiency and precision #o secure materiels t investment while creating KP and documented cost savings. CUSTOMER GRAINOER GRAINGERi MANAGED ■ J. Managed MRO � I '. Web 14 Mobile onsite AeVWtlij�trmQnt 1"Crnl}tIlid Clrsp11NJ43R j Personnel&St4Drer+4,qi1, Bal o#ions 'din+P4ax8akup 6I1.e1#Levol4 coramilori I cllgnca Rcplalnl2l,r ent+IsUurEnflc 1 apgt buy { MUM JtPtjWStIN1 ChQckhx(C;haok OU' I 8Pat Buy+xnur411gL AppfmW'v%h4krlow Puta-day Pruduct Data 001IQ s'vil PIouumnni InI Expertise { I =----------- 451Ja1EAftod 15uj*orls Grainger Proof id Uhly ---^3- FOD 9As441 18uppor.sAIJ Produel F I I Managed MRO provides accountability and expertise by developing new processes and procedures relative to agency indirect inventory that support necessary tasks to keep operations up and running, We will work within existing systems or implement our own if you do not have one to track and control all indirect materials in the facility. We provide clear line of site to day-to-day operations; all #ale while the agency maintains full control of procurement and purchasing dedslons. Our focus is on material management and finding ways to reduce product expense, butter leverage inventory investment and increase the productivity of agency staff. F EEP TOCK(D ORGANIZE: As part of the KeepStockO portfolio, Grainger offers this service which focuses on inventory organization and consists of three (3) fee-based parts or phases which can be deployed together or independently. RFI'NO. 192163 � µ Y ~ •••�_ The City of Tkre5on& ON]I IN IA April 11.2019 Prfaintenalrcc,Rcilair x111(1 Operadons(MRO) 4uppliui,Parts;Bgilipmpm,MatL!dals� 77 Related Serviws Page 561 of 1743 GRAMER CITY QF TUCSON DEPARTMENT OF pROOUREM ENT REQUEST FOR PROPOSAL NO. 192163 255 VV. ALAMEDA, 5TH FLOOR,TUCSO W. AZ 85701 PRINCIPAL CONTRACT OFFICE R'JENN MY ERS. CPPB PH: (520) t 637-4137 J FAX: (520)791-4735 w,lnvdrrto io t', ri[i #or .9 iu ala 13 loc Ali _ , t rti'i16 flnY* 1:� 6�i��v'. rea ti ltf` =:.t 'Jo Jtisr i j f:, . ..rn ., , .. _ ,tr� orf.1�. ., ..� .EW:li • Keep$tockO Layout' Comprehensive inventory management planning, virtual Jayout configuration, and project planning. KeepStockG) Cleanup: This service includes labor for teardown of current storage fixtures, repositioning retained fixtures, construction of i neve fixtures, product movement anti product positioning. KeepStock Content: Ey capturing current inventory items and thelr attribute elements, this service Uploads data into a materials management system and may Include ongoing database I management. S. Small Business Prograin: The WITty to incorporate small business enterprises into your distribution, sales and product offerings � i Grainger has two cote programs prorr7oting diversity. In both programs, all f i pricing is accessible through this Blaster Agreement. The programs are: • Tier II: Grat nger's Supplier DWrsity Program • Tier I: DPstributor AIIIancc- Program f. Grainger's Tier II Supplier Diversity Program I rainger's Tier 11 Supplier r' Diversity Prograrn affords the Co of Tucson and 0 M N I A Members access to diverse manufacturers and suppliers through our catalogs and distribution ,H channels, Started in 1990, 0rainger's Supplier Diversity Program is designed to grow this sector of the economy while~ helping customers get their jobs done with quality products from [diverse Business Enterprises (DHE.S). rainger's Tier 11 Supplier Diversity program includes over 270 DBEs, and offer's more than 91,000 items across 1800+ product categories. Grainger also offers products from over 2000 Small Busifless Eiiterpriscs {SBE,.), off=ering more than 300,000 products- The model allows DBEs to concentrate on what they do best and leave the Iogistlos and distribution of their products to Grainger. raingef's Tier 11 3rlpplier Diversity Program provides Members access to DBE products through all of our ordering methods ( rainger,cam, Redbook Catalog, phone, fax, walk-in, etc,), and distribution channels. rainger's customers benefit from one-stop shopping. Registered suppliers are eudited monthly to maintain active supplier dlversity certificates. Supplier diversity reporting available upon request, 1UT NO, 192163 -- .... ...�� .� The City cif Tucson & ON'INIA April 11.2019 Majnteimk , Rcq)air A nd.Operalioils(NM 0) SUPPJics, Parte,Fq!uipment,lvlatDflaIs R'. 78 Related Scrvicc Page 562 of 1743 GW CITY OF TUCSON DEPARTMENT OF PROW REM ENT r�r AIM REOUPST FOR PROPOSAL,NO. 792163 255 W. ALAMEDA, 6TH FLOOR, TUCSON,AZ 65701 PRINCIPAL CC)NTRACT 0FFICER:JENN MYE RS, CPPB PH.(520) 837-4137; FAX' (621))791-4735 Products from diverse businesses are featured on Ora€nger.carn; • Products from diverse manufacturers and suppliers are , identified on Ora€nger's website and within our catalog and index with the diversity symbol to the right. + Customers can locate the offering from diverse =k suppliers by searching "Supplier Diversity# on Orainger,com. • Additionalily, oustomers can filter on the left-sidebar by "Supplier Diversity" while searching an Grainger.com. Supplier recrultment is continuous at Grainger. Our company website includes a link to the supplier diversity registration portal. Certified businesses that register are available for referrals to purchasing officers when product review, RFP, or spot buying oppartuni#ies occur. Ira€ager includes DBEs in i meeting unique produot requirements through singer's Sourcing program, if products are not currently ava€lable in rainger's general catalog. In 2018, 180 DBEs, and 1700 SBES participated in Grahnger's Sourcing program, Grainger promotes the dumber of products acquired from diverse companies a in several ways. Grainger is a corporate member of the Women's Business Enterprise National Council (1+ SENO) and has been a member of the National F_O13T Chamber of Commerce (NGL C) since 2014, ranger partlelpates in numerous conferences and seminars to assist diverse Businesses to further establish or strengthen themselves, rainger's Portal ' invites diverse suppliers to oons€der doing buslness with G reinger, Grainger pursues outreach opportunities with diverse organizations to � understand their member offerings and to promote opportunities WIth Grainger. These include the Mowing; i * National Minority Supplier Development Council (NMSD ) * Women's Business Enterprise National Council (WOENC) * Small Btrsiness Adm€nistration (SDA) * National Gay a)nd Lesbian Chamber of Commerce (N(3LCC) Veteran Owned businesses • Veteran Associations Ok � singer's Tier t Disirlbl for Alliance Program Orainger's Distributor Alliance Program responds to corporate and government regulatory and policy requirements as to buying MRO goods and servioes from Diverse {.ran Business Enterprises (DBEs), Since 2008, the Distributor Alliance {DA} Program has helped customers support DBEs while consolidating MRO purchases, Over 50 DA DBE5 resell the ent€re 1.7 million products offered by Grahnger and provide Services to customers with procurement goals to support small Businesses and provide employment opportunities to women, minority and veteran-owned businesses, The DA DBE is one of the (many points of contact for the customer, including Grainger business managers who mentor DBEs and act as a liaison among Oralnger, the end customer and the DA DEE. RFP NO. 192763 The City of'Picsoa d 69KJA w April 11, 2019 f0aintenan cc,101mi r rind 01wratious SuppIies,T?mis,ISquipmul ,N'laterials& 7 Relatud servic's Page 563 of 1743 CITY 0r TUC30N DEPARTMENT OF PROCUREMENT ( REQUEST FOR PROPOSAF NO. 192163 255 . ALANIEIDA, 6TH FLOOR.TUCSON, AS 65701 PRINCIPAL CONTRACT OFFI EP JENN MYERS, CPPB PH: (520) 837-4137!FA}C: (520)791-4735 1 We monitor each DBE's performance with a monthly balanced scorecard. We provide feedbaek and offer assistance in performance areas where improvement is needed. We seek to provide meanifigful focus in pragmat€o areas where eff Icienoy can be gained and effectiveness can be unproved. rainger's Distributor Alliance is also a member of the National Minority Supplier Development Council end supports several NM,9DC Regional Counclls. We are corporate members of the Woman's Business Enterprise National Council. We recruit diverse suppliers for line review and custorner proposal opportunities by participating in M1WBE Business Opportunity Fairs and other events that support M/WBE buslnesses. 6. Green l Sustainability Programs: a. Policies: Efforts and policies pertaining to green and sustsinab€lity. b. PraducW, Impact on product offerings. o. Distribution: Impact in distribution. d. Recycling of Lamps: The ability to recycle lighting and electronic products. e. Lighting and Energy Audits: The ability to perform lighting and energy audits. f, Cert€ficatiuns` The Industry recognized certifications and standards I obtained, j I a. Policies. As expressed in Exhibit A, Grainger works to improve our environmental performanoe across our value chaln from our suppliers through our operatlons and our customers. VVa encourage stewardship in our operations and share our lessons with others. We partner with third party � sustainability organizations, such as the CDP (formerly known as the Carbon Disclosure Project), the GreenDiz Etxeoutive Network, the U.S. Environmental Protect€on Agency, SamartWayOD Program, UL Inc. (formally Underwriter's Laboratories, Inc_) and the U.S. Green building Counc€l to help us align our I envlranmental investments with our stakeholders' expectations, We focus our efforts where we can have the most influence. Grainger's Distribution Centers account for roughly 38 percent of our operations and will proportlonally increase as we expand our service offering. Inherent to this footprint is an opportunity for energy � management. We closely monitor our energy ttin<x} consumption and improve our green enemy mix by research€ng sustainable solutions to increase efficiency and utilize renewable energy. When passible, we invest in onsite renewable energy, purchase renewable energy credits and green tariffs. In 2013, Grainger becarne the first industrial distributor to set a OHG reduction goal. Our 15,,5M feet re target is an intensity goal for GI-IG over avenue: to reduos our North American Scope Lp_tU-CaWreO�*wth eghl7 { and Scope 2 OIG emissions per unit ilorlhA4 Fknll43rarnrepf.*u,ba6 IU-'P NO, 192183 The City of'ftesorr&014N1A April 11,2019 1vfz iotenane-o,Repair A11d C>peration5(N]RC)} 9appli�s.Yrrm,Equipment, atari�l5 Sc 80 Relai ed Sc n icei Page 564 of 1743 CITY OF TUCSON D EPARTIVE NT 0 F PROCUREMF_NT r1i71RSER. REQUEST FOR PROPOSAL NO.192163 255 VU. ALAMEDA. GTH FLOOD, TUCSON,AZ 85M PRINCIPAL CONTRACT OFFICER'JENN MYER$.OPPB PH' (520) I 837-4137+FAX: (520)791-4735 revenue 33 percent by 2020. The goal was designed to be aollievable, yet challenge our operations to identify innovative ways to operate mcre efficiently. We are currently more than half way to our goal, and have reduced intensity to 14,7, a 20 percent reduction since 2011. A 33 percent redaction by 202D goal focused Grainger on doing business the right way by investing in renewably: energy and energy efficiency. b. Products: As expressed in Exhibit A. Grainger provides customers with the products they need to keep their businesses running over the long term. As pert of this, we work to understand how these products affect the environment. Our customers have increasingly requested environmentally preferable products (EPP) and we stock them to improve our service. our EPP portfolio helps customers rnnintain sustainable facilities through efficlent energy management, water conservation, waste reduction and air-quality improvement. The Grainger EPP portfolio includes more than 914,000 SKUs, 26 EPP product certifications and 46 EPP product attributes. The portfolio also spans more than 600 brands across 672 product categories, More than 16% of Grainger suppliers offer products featured within our i environmentally preferable product portfolio. ; Foraroduct to be classified as environmentally y preferable it must maintain � one or more environmentally preferable attributes or third-party cerfif3cations { such as WaterSenseO, ENERGY STAR(I!D OF Green Seal. Our suppliers inform Grainger of the product certifications and attributes their products may carry. Then an independent 3rd Parr, Underwriters Laboratory Inc. (UL Environment), verifies the vlabiII4 of the certification or attribute claims. Grainger also works with UL Inc. to ensure that the most current certification and attribute options are identified. The City of Tucson and OfVINIA Members can easily identify environmentally preferable products on Crainger.com. When i searching for products simply look for our Green Leaf Icon. This indicates that the select product has a UL validated certifoation and/or attribute. On Crainger.com members can i filter any product search results to view environmentally preferable options. ii f I f RFP No. 792163 »•~.� — � »»»~ The City of Tucson &OKIN1A April 11,20 19 R.-Iainren.moe,Repfeir And Opem ions ( c)) Supp iiCL, farts,F,quipirneat,lvlaloriKls& 91 Related Services Page 565 of 1743 CITY OF TUCSON DEPARTMENT OF PROC U R EM r:NT RAMM REQUEST POR PROPOSAL NO. 192163 255 W. ALA MEDA, 6TH FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER',lENN MYERS.CPPB PH' (520) 837-41371 FAX; (520)791-4735 Grainger EPP Portfolio - Product Certifications & Certification Bodies: IMF, Paeaix�i. P .Gia 4pfd �11U6 Ze.. Iblwb ra 'PryfdJel {'d61pt9.' Enff�y$I�r 4HF LAnLWI FHLII X D5 hrr 0.t 4m�uellon i F i BGShtiVoi YhOaSe�ieu ' •ysemr{1gk4 IL$PRl C[�ufiLS � SuoMir plc Fv�wlnlefle. L3laheaep. 'urs IrY lwuauoef }11 Tjznrrpl Frael .. . 91 ,! III chiaRi NSK ' I�:C{itlfl� ULC h!'9kirErer9Y "Cal U P. erl�+Ersl OSYlllad r P9tduolt GrSa Prms1b, p+ernlgm ,1;4tro r Q od9areoab(eoC Levels WVI Pagdv Ins4.G#o CR1GicCn rhi}{I m k �r�ctSGAQrdD L�DeL L�led I C�dlfied .' RepirarneoLt Our environmentally preferred product portfolio is featured on the careen Resources landing page on Grainger.com. I c. Distribuffon., Grainger was the first industrial supplier recognized by the U.S. Env[ronmental Protection Agency (EPA) as a SmartWayO Transport partner- i The prograrn provides a forum for the EPA and businesses to collaborate in I order to improve the environmental efficiency of their supply chains by reducing GING em[ssions and a[r pollution. I i We view our suppliers and vendors las our allies in improving our emissions and rnater[als management, We rely on a network of third-party carriers to meet our tra ri sportati o n needs. We work with our larges#suppliers to innovate and improve our distribution packaging. We collect data and share best praotIces in sustainability across our value chain by engaging our suppliers through the CDP Supply Chain Program, Grainger strives to ship all items in an order in one box and an the same or next day, depending on customer needs, Internally, we refer to this practice as "ship complete." This approach and commitrrlent to serving customers in the most effioient way possible also has positive implications on the environment- Ship compete reduces the amount of boxes we need overall, thereby increasing energy eff[oiency and producing fewer emissions through our transportation partners, d. Recycling of Lamps; Grainger's recycling services solve the disposal problem for environmentally hazardous bulbs, dry batteries, and ballasts, Recyclable KIM When you buy our specialized recycling kits for fluoresoent lamps, ballasts or dry batteries, you're buying a whole turnkey service for one all-[nclusive price. For larger volume needs GraingLtr offers bulk pick-up. We will custom design a program service that encompasses lamps, ballasts, batteries, electronics, and mercury, The City of Tie*ou & Ohl1![r .— April 11, 2014 lrtamtcrlanee.Repa[r And Opera ions(M RO) Supplies.Parts,Egipipment,Adawia ab; & 8 Re]atecl Servicos Page 566 of 1743 lly CITY OF TUCSON DEPARTMENT DF PROCUREMENT , f i R` REQUEST FOR PROPOSAL NO. 192163 256 W ALAMEDA, 6TH FLOOR,TUCSON,AZ 65701 PRINCIPAL CONTRACT DF FI DE R;JENN MYERS, CP PE PH; (520) 8374137 i FAX: (620)791-4735 Each kit includes: Special UNMOT approved container Preprinted label with instructions Toll-free number for pickup Certificate of reclarnation BATTERIES I 1OTHER Afkallne _ _ Llr)e®r Fluor(,2wrlt Meroury Cavic6s LwW AddY y. C4rnp�nt nuoreeoettt _lherrnumetc�rs& Thernlosta#a mlum 1AZ41 i Clrcrilar Flunrasr,Qnt �Ieclmnic 1Ng6ta Lithlum lon U-Bond or U-`t-ube a"eU Phones Mercury High Intensity Cischarge(JAID) Inkjet-Toner Cartr:dl a_-s I Irks l dirafum fdc&,nn GanrgrMors,Wros & M otors Nickel 1\40al Hydridr3 sP,atlrvrl5roc�i& C tllfir t�ecfa�ty —Di spertsrrrs Sliver Br❑kir n or GruS00 Paper Towal zhc Carbon T IJ01~=mining Diode(LED) Toilet F3iv�r Ivry coil _ hen Soaps Sea ed Lead Acfd olychlerinated Biphenyl(PC_ Hand 8onifters N°°'-P f _ AnaerohlcorLIghlCure Adhaslves �- . ... _ Pnxarer bola j Grainger Branch Programs; Grainger offers customers the opportunity to deposit recyclable items in collection boxes for no additional charge in Grainger branches through our partnership with EnyiroUght , specialized } } recycling services, i AddlftoW Supplier Based Programs: Grainger works with our key i suppliers to provide the current folicwinq no-fee and fee-based program's for Members. i • Grainger offers recycling kits available for purchase on Grainger,com for marry of the items listed above provided by EVERLIGHT , RECYCLERAK & SUPPLYPAK. Further details and kit specifications can be easily obtained by entering the search term "recycling kits" on Grafnger,00m. • Georgia-Pacific's (GP) Dispenser Refurbish, Reoycle, Reuse (RfRR) Program provides a no-charge end of life solution for old paper towel and foflet paper dispensers, The GP team removes old djspensers and reuses components. Old dispenser components are utilized in manufaMiring new products, such as computers and automobile parts. Dispensers are pjoked up at the end user's location. • Georgia-Pacific provides arta charge service developed to reduce the number of batteries in Iandfifls In partnership with CALL2RECYCLE f Through this service, boxes can be provided to customers for collection l UP N0.192163 —_.-»•••»»�• The Ckv of Tucson &41 INIA •4 April 11,2019 Malnwnanm,Rcpair And Operations(1viRO) 5uppiin. Pal-Li,Rgnipment,Nraltriajs 83 Rclated Services Page 567 of 1743 CITY OF TUG SON DEPARTMENT OF PROCUREMENT rJr x REQUEST FOR PROPOSAL.N0. 192163 255 W. ALAM EDA. 6TH FLOOR. TUCSON,AZ 85701 PRINCIPAL 00NTRAUT OF FI CER;JENN MYEIRS, CPPB PH; (520) 637-4137? FAX' (520)791-4735 of used batteries. Boxes are picked up at the facility and new boxes provided for continued collection and environmental disposition. DOJO will 000rdinate the removal, transport and SUStninable disposal of old hand soap and saritizer dispenser materials when oompleting a GOJD managed dispenser installat€on project. • For Members utilizing LOGTITE Anerobics or Light Cure Technologies, i-len€ al offers a solution to help you imeLA recycling goals and recycle items that were previously non-recyclable- Through an Innovative partnership with Terra,Cyde , boxes can be purchased that enable convenient return shippIng and recycling, • Stanley Blaok & Decker offers a no-charge end of life solution for DE!ALT BLl G DCG :R, STANLEY TOOLS & BDSTI TGH brands, e. Lfgh/Tng and Energy Audits: Grainger Ughting Solutions (GLS) and f Grainger Energy Services (GES) provide a network of qualified, insured and licensed service providers that help identify and facllitate a variety of energy savings projects that Iinpact the bottom line. --_ L1gIlSlllg IaVAC Adut<r �-- VJhsler 13:'tFc lts aNktgnanct} i}r3ve call mall:,ia &UpUFAeeS B UpAearEes Upgimle Upgrades ;Ienm. Syy lem EloclrlC Vah ichi Cunrpro.4d Air E}JJ i C07i9CH4nt} ! A%S1MV,J1kS 1ta F, ) (;MMFUlnU 6JaJJGJJ SyLK9m SlUdfalC R wY4lem Stene & ll �'55�1:3 tfhs�dltations UPaTod+,y upuw.fts i Comprehensive Services Include: Multiple Energy and Water Saving solutions $ Audit and Financial Analyals � V Material, Contractor and Project Management V Installation by QuaIified, Insured and Licensed Serivice Pariners Indentificaiton of Applicable Incentives and Rebates Disposal and Recycling rainger' Mid-Stream Utility Rebate Program; For the City of Tucson and � 01VINIA Members in eligible Zip cones. Grainger Ident€fies utility rebates applicable to LED Light€ng and other items. f. Certifications. This gear, Barron's awarded ,�, C�tpil{[ER - . Grainger the prestigious award of being ranked #8 nrwtn . yp<I RMMvi:SIS{CvnwYlYVY.M on their list of Most Sustainable Companies. Grainger has also maintained the A-CIDP score for five years in a row. 7. Training & Sducation: The ability to provide on-site and/or online training and educational pro ramsiseminars 4 't'he(;ifv of TUcsou &Oh'1GNI�i ,kpril 11,2.U19 Maintenance.Repair Aud Oper'�tions(MRO) Suppli s,Pars,Equipmaut,h�i�#eri�tJ5 & 84 Related Services Page 568 of 1743 CITY OF TUCSON DEPARTMF_NT OF PROCUREMENT 1rn0REQUEST FOR PROPOSAL N0. 792763 255 VV. ALAMEDA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT CFFICER'JENN MYER , CPPI3 PH: (520) 837-4137 1 FAX: (520)791-4735 f Technical Training: Grainger offers training seminars led by an industry- experienced, certified team of third-party instructors. Participants receive hands-on safety and industrial skills devf�lcpment that can be applied on the job Immediately. Training can be scheduled on-site at customer locations or off-site at scheduled locations across the U.S. Exarinpies incl Lide; • Proto Tools Hand Tool Safety Seminar • Gas Detection Equipment Training • Dewalt POYJEr Tools + Ari Flash Awareness Serninw * Fire-Resistant Worllwear Training * Fuses & Power Distribution Training • Fall Protection Training Climbing Pro Ladder Training + Hearing Protection & CoriseTvation Spill Containment Training Training i Safety Training: Grainger works with well-recognized safety suppliers for facility and product surveys, along with fee-based OSHA certification and training prcgrarns to help you stay compliant. Our strong relationships within the s0aty Industry enable us to offer hassle-free services, including turn-key pmduct and program soautlons from our safety suppliers as well as third- party service providers. Please see Exhibit 9 Grainger°s Service, Training and Assessment Descriptions In the Appendix that details other training i addressing safety in the veorkplace New Products: Training for new products ie scheduled through Grainger's local Government Account Managem, local branch personnel and ! or � General Catalog manufacturers and suppliers. Grainger will wont with the City of Tucson and 01VINIA Members to identify any new products for which i you need #o coordinate tralning. On the Job Webinar Series ,`7 r� the J i ark FREE On the Job WebinarSeries- rainger,com provides current industry information and helpful updates. Grainger will provide trends and updates on Its "On the Job Webinar Series" covering areas such as' • Safety • OSHA Regulations • Productivity • Procurement& Inventory Management Green Solutions ■ Emergency Preparedness l _5_1? hl0.9 8271#3 �. �.�«w�»•«• The City of Tu esen &ONINIA AlaiI 11,2019 Mahiteasnce,Ropoir And OperKriwis (%IR()}Supplies,Parts;Equipineni,MrrrarhlIs& 85 RLIated Sendoes Page 569 of 1743 � :�AJOC; pol1B19?F gR �s-' 3pmv `1uowditlbq siJej S21[ddtlS (C)?IIi�) St1GLIW,-)([U PILE+-LLP,LfI� b 10z `I I l!ac[v � #1 muco 2P 3rasatgjo AJID mIL -- -- x-Y_ -- 94ZU 'ON JT DT •senll-eillul uolleluewaldwj 033-1 I ul}vt poddns pue uo!}apuawwasei jonpoid 'eauepin5 fiulpinaid }Isla I liaddn alp L3 6JN0 plLiwaeqgnd ua!gea!}pap 0331 13um9Jnd siawomno iO3 1 uop:DL j1JaO @033-1 J pleuueggn}d aaq}d duiew pue -auja!64! pugq .'f upkar 1Jod'dns of.sJ0lelnoluo IC)8 ql�A. luaL.ussasse s-ua. 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Aamns AjIIIoN 19 eln �,oddns saPIAaJd AQSAan!0 'seesa00Jd davn Area Jaeij i110 u!epw,%0�npeJ pue ampii?adde 'A�Apipcud eAcudwl lgrn!10npoJd aJaQ jaolzf a Aasaan!0 ulejs74s .puE 6uiujea}.:'d{L�e .' 1�s=usi Dirt u ! L; [i !ep .siodris �4 513 fq:;di!II s, a4 .ut3ep qsease�0jd pci jC}ol `s?'nPoa aed ai{.:se!1!luep! i,al L?aI}�}�aa:' prL3n ueaJO : !I f1b 11 J600u!..ersoJ�luJI. pue 6i1!iLr?al . 8ucar�p Ire: 04:Qi :padrrpodguli lu u.fL it jLroi: iLu!uil�j I.: uolS ai}ilia pia Bua. A j j hasrani 13ujulsai janpo,Fd paaaalaJd AJjVju0Wu0JJAUq 5�LV- E(029) ' 'd3 i 1� t-4UR (O 9) :Hcl 3ddO-SH3),IAJ NN3f: 0J3AQ lDnIN00 1VdI0N%d 40299 ZV'N0$0 Pi '�d0Old HID`H03VJY1V M 99Z 9926fi 'ON -IVSOdO'Id'IOd 123f1CM >rrrrr iN3va�jnoOJd d01N!-1MUibd0Q NO30111 d0 J1110 GRjUNGM CITY OF TUCSON DEPARTMENT OF PROCLIR EMENTREQUEST FOR PROPOSAL NO. 192163 255 VU. ALAMEDA, 6TH FLOOR, TUCSON,AZ 85701 r+�+ PRINCIPAL CONTRACT 0FFICE Rj: NN MYERS, CPPr3 PH: (520) 837A137?FAX: (529)791-4735 F r New Pg 8,HI Pn�par d.ness ..S0j11 F2isk. ,ssessirfent to:fully'un6ersfa6d:.your risks.aid dei you into Pra rarn;� __ __..- .. - ��ct�rrii nDe with'EPA:& 08HA_r_guiati6ns _ Grainger Safety Assessment J-- Grainger Fleld &afaty Specialist provides+comprehrgnsiveYaudi to ---------- _deterrnine safe[y issues and provide solutions to address violakians. B. CUStgrrler Support Services: The policies on replacements, returns, restocking charges, after hours service, after sales support, out of stock, order tracking, technical feedback, quality assurance for orders and drop shipments. Policies on Replacements A Returns. Grainger's standard return policy reads as follows: Returns for Grainger products must be made within one (1) year from the date of purchase, unless otherwise indicated. Returned product must be Irl original packaging, unused, undamaged and in saleable condition. (goof of purchase is required. Grainger wlll either replace the product or issue a credit for the purchase price. Nestoch}rrg Charges: There are no restocking foes for Grainger catalog { items. Returns of non-General Catalog iterns may be subject to a restocking charge, After Hours Service. Grainger's after hours emergency service provides product fulfillment after standard Grainger branch business hours through e toll-free number (1-800-CALL-MG). Servioe is throughout the US. Calls are routed to onp of our US based Grainger Call venters, A Call Center a employee then contacts a local Grainger branch employee, via phone, and 1 relays the customer information, rainger's branch employees are i committed to contacting the customer within 60 (minutes of the initial $ custorner call to arrange to meet the Customer at the local Grainger branch k to fulfill the emergency order, After ,Sales Support. Customer support is available at 800-GRANGER (800-472-4643) provided by US based Customer Service Associates (CSAs). 0raInger contact:centers are avaIlabie 24 hours a day, 7 days a 1 week to assist our customers through .?hone, chat and email. The Customer Service team consists of highly trained and experienced employees including Technical Product Specialists (TPS) that specialize in each of our product categories.to serve our customers. All Customer Service team members will provide informatlon, answer questions, piaue orders and address customer conoerns or issues, such as: Information on order status and deliveries, Backorder infotma Ion ■ Item price Ir?bonation based era contract Product availability Dela+lac{product information Helping you lOca to products for speciflo applications and liar jaq products whioh ++reef speclflC technical requimmeats W+P NO.992163 ---� — 'Fha Cite of'l'ucsorr &{IIkTNi,4 _._.. Aprif 1 f,2019 .Ndaintenance,Rtpalr And Uperalions (iYMO) SlApplim Pzwls, Equipmcnt,Waterla15& 87 lt.e1alcd 5urvic�-S Page 571 of 1743 MM CITY OF TUCSON 0EPARTMIENT OF PRO CLI RE1w1ENT GMIREQUEST FOR PROPOSAL NO. 192783 255 . ALAMEDA, GTI-I FLDOR, TUCSON,AZ 85701 I'dPRINCIPAL CONTRACT 0FFIOER;JENN MYE RS, CPP13 PH; (520) 837-4137 f FAX' (520)791-4735 + Providing dodica fed man ufacturar and teohnicaf support resou es Helping auyers,selectincg altemat&p accts to complete prrrcir0sos Placing and maneging emergency orders Generating produ t gtrotafrons and assisting with ordei,placement Out of Mock: The City of Tucson and OMNIA Membefs can view real time status of product availability on Gdanger.com, If the end user is unable to wait for a back-urdered product, the Compare Feature on Grainger.com allows them to compare products with similar tit, form and functlon. They may select to wait for the back ordered products expected ship state or select an alternate item to purchase. When sending an emall, the Customer Service Associate will [et the easterner know the product Is on back order and provide alternate products to review. The final decision to select an alternate product is with the end user, No alternate products will be ordered without priof approval, The Q r o f _ Tueswn and hiW,+.,awrrw,sl+riWH-syi�n Of1iU7,�fT 2A rrnryo-.onlx,:�u:,s i '' k,•n ,r $iG2ta.. i dr ,vlrw3=riy.4wc.r,} f''.i I,4idr l+/.ilw,lYF,ILL Nl-b4L 1 Members ean Jcr&w GIQves,CotLUNI n-+e,i.r ' a a[� �fCJ A r } .isl �aGc�lyy�.. ,�J�'f1C� a payability on j { , � �-!P� ��.°t�ik.�.Ss:iY;,r-`. , .. „r�.;�•.Ya4,:.ti:��Klh{".�_�:='. 4 ��yg ,•-0+walu. {}...'�y.i,♦ a la+.r s,n O,krrro,rr o+.rx.i,r O Srwr.Yrr. 1y�� y�R rµ1�1IJ Wee pmducts have hivn 'vIU'1'r a•..k �ryRO.r+Lfii h4.�'•.y{r5�+�w,'f'{ ifi:p,�lNo-Jr [kxr UN- r�rF4 Gar..f1'Nr_[ pp--yy t L �� U./1p1,4+!'].V�1gi.Y 1n115}i[:Lux t+"'�a ! r 1 L,�Y AAlttwrvf d4 '##f. l {,�rk4 .l ,'„moi,lF!'1delal It;Cm(x liklmodIale- Mrii llcarihr h` ni WdOD 0 4W11 q'is 0 µ4b IMP}# { i¢ a 91MIlc- eEoa,ra Se.+1rp. {�1� rproducL L MINK mernham can p4-oduct or wait to r the to -41'.' .4fai -1 !Jelr1 •r{r lr nl:, ro RFP NO. 783183 W ---- - ••••• The citv of 7'uCS(Ill & C)141[NTA Apt'il 11,2019 Nlailrien�LWO,Ropait And Operatbn5( leo) SuppJi0. 1'L9TtS,Equipment,�''fa#etia[s & 88 Rdatcd Services Page 572 of 1743 CITY OF TUCSON DEPARTMENT OF PRO CUREIMENT eqAMUEMEM� REQUEST FOR PROPOSAL NO. 19216a 255 W. ALAMEDA, 6TH FLOOR.TUCSON,AZ 85701 PRINCIPAL CONTRACT orriCER;JENN MYERS, CPPH PH; (520) 537-4137 f FAX' (520)791-1735 Order Tracking. The " of Tucsan and DIVINIA Members can use Crainger.00m to track the status of any pending order, regardless of ordering channel (on[fne, phone, fax, e-mail). End users can determine Shipment status, backorder status, and partial order shipments, will call order pick-ups and order oancellations for orders placed within the past 36 months by o fckfng on the Order Histary link at the top of any Crainger.com page. When the order leaves our DC, x'110 t)J-OdLrct:r iF40tAjte4 1iIJQW r1)Ve Grainger will send a shipment 'rrmk yaw 01pitkont. notification with a [nwt,o 44w fwtjr,'I4 } "V r 4mr 1Tj "hUE.l l�lEhfll 4iF. n�rrA�a�s to�a�rcr+wak r#,knoS14n�4�EW"fists traoking number {apa3 QEtf?kkL E.iftid•U c [Ynxt• i that allows our �ram+alrf�o�t;rnac �rsa� customers to Ct�,�tlotb7�#�G..�lxaNd4 ' track the order fr� wx�. xw � through the FoiAoX deliverycycle,y Tpar,�klrag information' can he rrc'ca+sed ftoru the Technical Shipment Rotrflcatiorr Feedback; Grafter provides direct technical support from knowledgeable field personnel and manufacturers' fiefd representatives, In our key supplier s programs, manufacturers dedicate field resources to work solely with Crainger's field representatives. In addition, Grainger has an in-house Technfeal Product Support [Department whose members have an average of ; 8 years of experience to answer your product related questions across all product categories. Customers have easy access to this service during standard business hours Quality Assurance for Orders and DropShipments.- To ensure a quality I customer experienoe, all phone calls are automatically recorded that oorne into the Contact Center, This information is utilized as part of a robust QUal ty [Monitoring & Coaching approach where each Team Member receives scored evaluations completed by our QA team and hlsther Servicef Leader each month. There is a similar process to audit email and chat transactions as well, in addition, a cross-functional team captures and 1 investigates Service Opportunities to determine the root cause, any specific actions that are needed and to determine if this is a larger, systemic issue that we should address through technology updates and/or process 1 ohanges. Grainger Supply Chain and 131stribution Centers are also vigilant in monitoring feedback, both from customers and carriers, about the quality of our shipments and those of our manufacturers (drop shipment). Goals are set to ensure that products are delivered on time and in good condition and exceptions are captured to understand the root cause of the issue and adjust as appropriate. RTP NO. 192163 The City oYTLWSIIII &.OMNIA ApriJ 11, 2019 jMaL111tL'nallce,Repair And Upuralk)n s(PTR )Supplies,Pam,Equipinelit,hL-sterirtJs&, 89 R- JKtcd 9elvices Page 573 of 1743 CITY OF TUC$QN DEPARTMENT OF PROCUREMENT G' NEER REQUEST FOR PROPOSAL NO. '192163 265 VU. ALAMEDA, GTN FLOOR. TUCSON,AZ{35741 4tr PRINCIPAL 0NTRAOT OFFICrzRJENN MYERS. CPPB PH: (520) S37-41371 FAX: (520) 791-4735 8. Other Services: Other value-add services not included in above categories Grainger presents sertrices In addition to the required services listed in the RFP. Grainger will continue to add value added services and programs throughout the life of the contract that will ,be available for all Participating Agencies and OMCdIA Membem. fir: S f t Value'Add'-soluti rYs: i i FIELD SAFETY SPECIALIST ASSESSMENTS ' rainger's Field Safety Speoialists bring education, experience and expertise to help A+lernbers address a wide range of safetyand health questions and issues assisting with injury reduction, oornpliance improvement, risk assessment, YOU to understand goals and align hesVn-class solutlons. Grainger has the depth and structure to deploy, support andli�jdin,q and i track agency-wide initiatives. In addition to readily available assessments from Manufacturers, Grainger's Field afety Other deffilides Specialists leverage our Grainger Site Assessment Tool (GSAT) to evaluate,a inroad range of OSHA Regulatory and Oornpliance needs. The LSAT delivers a customized report highlighting areas of a safety program that are currently in compliance or areas where additlonal focus may be needed. Please see hibit 5 GSAT Site Assessment Flyer providing further details regarding the OSAT. The OSAT includes topics like Hazard 1 ontrnunicstion, IPE, Lockout Tagout, Confined Spaces, Fall Protection, Ladders and Temperature Stress, among others. Out#cams'f rirr ry acorectit tiorrs caatif rre by. prfd 4Y;affill l7o1 I f # 1dg0 l i•fad ii <jtialu�l : t1�t� kaarci aFrtlfElld safety f'rafesstoinls lrsc.tude: k "t';: •" :: ' :..=;.:+ „. ,:='",.: ...:,:.'" •ryR+ U j d 84fot Els`PixYF s ia: i. 1lS�r�' i �: KkFf;ori safety ltftionl.{O ) ." ni` d:;y)# D `ilea#"brr [' .<, { -Arx;oclaite S8fe#y Prnfessional-(A-sP) ?afefyTralhodSgpervisor(STS) •(i aY�drAjrj�E�+�i�:� iilice�Cel[�ir�o4:FT#sirlts:.:.;°' -.{f4gd4. eOticglj ).:.;,:.r",: ::: .... . .. . �;��.�? �1 � �l�ur:��ii�.i' l'1�;:90:#�oi�f:;�;{•:;�°; :0 . :r.r�DuJ�x�roiis' Sg?pll�P'�rid'�h�rikita�i� i::7raVii' i ONLINE SOLUTION CENTER Grainger complied an online safety oenter with information and resources that help k eep people safe and facilities running. The # ;��:;�.<�y�:m��;,��„�• Solution Center allows your safety specialists to stay on top of the latest safety news, trends and regulatory issues free of charge. rip 0 Safety Data Sheets (SDS) sheets: Quickly access the most �. ��`n , • 5 current SDS for your records to help keep employees Irlfonned and }your facility in compliance. OSHA checklists: Easily identify potential h@zards at work �::: _ .R " © ,ei with our comprehensive list of OSHA checklists. Questions are ::.. . .. .. ... .."� N0.192163 M The City of'1t►cson & C1MNLi April 11,20 I9 MRifiWILH11ur;,Repan•And ONrEi6on5(MW) S4ipl)1ie1q,r}arts:Lequipincnt,mattrials & 90 iterated Seir•ices Page 574 of 1743 CJTY OF TUC$ON DEPARTIVIENT OF PRODUREMENT ER REQUEST FOR PROPOSAL NO. '192'163 255 . A1AMEDA, 6TH FLOOR,TUCSON,AZ 85701 lotr PRINCIPAL CONTRACT OFFICER;JENN MYERS, CPP5 Pl+(520) 837A137 i FAX' (520)791-4733 bayed on applicable OSHA safety standards to determine corrective measures needed to help eliminate hazards and keep you compliant with critical workplace safety regulations, • Safety & Compliance Directory: Find vital information on hundreds of government, pfivate and nonprofit safety Organizations_ Use the online version or request a printed copy to keep on hand in emergency situations. Online Safety Catalog: Instant access to our latest Safety catalog 24/7 in easy-to- navigate format. Search by product name, category Or SIU. You can also browse through past catalogs and even request s print copy. Journey to Safety Excellence: The Journey to Safety Excellence is a program designed to assess not only your safety program strengths, but also where you might have opportunities to improve. That assessment becomes the guide or beginning of your Journey. The prograrn will take those identified opportunities, provide guidance to improve in those areas and implement the plans. You can help iiinprove your safety l program in four areas, +" Leadership and employee engagement Safety management systems Risk reduction Performance measurement • O HA's Law & Regulations: This page contains links to all current OSHA standards, provides Information on the rulemaking process used to develop workplace health and safety standards, and inoludes links to all Federal Register notices that are currently open for comment, This page also provides links to the Occupational Safety and (Wealth Act of 1970 (OSH Act) and other relevant laws. • Quick Tips: Quick Tips provide fee, fast and easy access to helpful workplace product, complianoe and regulatory inforroation. Resources you can use to help make informed decisions abort a variety of common workplace issues, Access hundreds of articles written to help keep workers safe; your business in compliance and your facility productive. I Ask an Expert: Safety experts are standing by to help with: Compliance questions Product help Services and solutions to fit your needs, and so much more • Grainger's Safety Record: Customers cart review online insights, articles and videos covering safety topics regarding people, facilities and general safety provide by industry experts in rainger's Safety Record. Examples include but are not limited to OHSA State of the Unlon, Fall Protection Standards, Footwear, and Heat Stress Illness Prevention, For addition offerings see https:Jlsafa�y.�Irailncrer,�gmlinsi�htS. IUP NO. 192163 -- The City of Tucson & April J I.2019 Mah)tonuncc.lRepair And Operatinns (vM) 4uppiiUs,,Parts,Lquipmmit,Materials 2r 91 Rehr" Service; Page 575 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT � '�� REQUEST FOR PROPOSAL NO. 792163 255 Ulf. ALAMEDA, OTH FLOOR,TUCSON,AZ 85709 PRINCIPAL CONTRACT OF'FICER,JENN fbMYEIRS, CPPB PH' (620) 837-4137 J FAX: (520)791-4735 SAFETY SERVICES Grainger vvorks with recognized safety suppliers for product and facility sLirveys. along with fee- based OSHA cartification and training programs. Those strong relationships provide hassle-free access to the safety services needed to stay compliant, including JnstIFUrnent CnIibl-ation, iNetTr^ Gas Detection and lockout procedure Services. Through a network of qualified, insured_ and ticensed service providers, w6 Provide agencies with comprehensive solutions that help.- * elp.* Maintain Safity Px l3vilding Compliance * Increase Worker Productivity * Drive Energy & Facility Efficiency • Reduce & Conserve Operating Costs P9"!wmwift,-5pedila Trnfning-.Wa offer a wkda' CrrmPllance&'tralIng- Pfo�lram 9 wnwttlie arua caro asM&sad;:voss iangv of EHs.lrainlop oaurscs l�us�ilA arteskc rsru tun+f�cls9 D�tirclo}�oriart.=�Ifecilve iio xs rkslka'n firrfer#o yOur er�lploymp nead 10 Fiala for WmilllcalI'm rind�o-Ea programs apd.probe lLlrea 1,16HI@y PoiG.7lrel 11MMMJrs kljurn elreciN*paifofm thafr n,oTllkor Imalloua vr,rk hefg en�we oampkinto or hlgh-i fsk e-i a ns Thal may jc�x sarelyc Trei[ling ofreringa' a raag%o 1W con(rals and And efeaka a tare v kplac& -Gigue I'urthe#Micn,Im gre avnllahba IhrcLtgh an : saf6 wnrk rreulfcea our.Ire iuF your omployaaa-haae I'akart n ravhdy. br ihrdugrl hrlp:elnera s<I- icg rams ora UUwuloped ao i3n an-71 inyirm10. j. •+;[U fra6plawkiwn � � � � Asba8ko6 Frv'l1'aufbu�iness operalloms.. - hroFlatkrlsctrlualofct '�+ [rlspnorl . . oani bag.aoriquctld safely,and Ycll -?uudfLwaLr1r.Tasiing mrnACovkledlhraushrmlirte [tfnr{nod Spec ". oG $liaaior ,andcarA1F LSIIL,iI[y #,amp[a6'5 ar.olisio l 017-8ikg Crane'l loft ll� "+ ffsl L�f#.. lap�nanl- f � _[ncdusfrisl I fNrane warvllr� . I •L:-wr9k nny r"yS 1rda �'unl�ele t'r'srson f ik icaslln{; "AQ Fla.sh+Electrldal Gar .. Frf anami� Ccuff3ricd sl�". Conllnad 3par,� •ftNR SUP�eyx •1=ire f-.Ah1 ,jI�har Ire C>Sll)pia�er many nCy AdIon pjbhL 0 •Pulwnwy kmul•an 7gblhq f'Qealop;rlarticr •Ffi-ROhf.•lrCr?r;1A�a •-�aniplintf •£n ]roMielwllalgYLy •kLarr,,er,4,boor r'�r>xIIR �IaiadrJs i •8 ilioel 1'ecl inr road$a {.ockoxV'Tagout' � �1'I aft I Jozand Aujl,6jS •6d+5L3!7lna A'trardirla lhspedoo-n'nd Asset- i k ' NFf'ls'IJ[ 1r9rT8[�umahl •Lc-YkoL�U7a�nut . •'Ho6nta�rJl�anPfil i+iaoflfnoGuording o'aj iiChr .i ileganiaa7t rSiOIJi7.�.urVEy •;.OEd[�l.Hfray�uk I ' I Mncilina Guerellnq ;Ialardicpl i irat Ald' ; •Olins�nraly Menagar 8[ }fsd�Lcnlon�. Please see Exhibit 6 Gr'aingerSaNty Services Network for additional services, I 2.- Con§ulfing 3ervioes mInger'S Consulting ServIces teams analyze Member opera#ions to increase efficiencies and lower oo;st associated with acquisition of MRO products and inventory management. Based on aur experience, most Members have the opportunity to take as m U C h as 26% or more oUt of their costs. l�.L'1'NQ.792763 The Citi'of'lress�n & 011lti ��— April '11',2019 lv aitiwiianoo,Repair And Ojpuratiokis(DARO) Suilplie,;.Parts,LgLLiP111C111;1�1f11�1'I€115�G 9.2 It 1rLtL;d Ser4ices Page 576 of 1743 1 T of TUC 8ON 0EPARTNIFNT OF PROCUREMENT GMNGER. REQUEST FOR PROPOSAL NO. 797783 r J+nmr 256 Ukr, ALANIZDA, 6TH FLOOR, TUCSON,AZ 85701 PRINCIPAL GONTRACT0FFICER:JENN MYERS, CPPISPH: (520) f 837-4137 f FAK {520)791 A735 This evaluation employs a strategic framewofk of identified cost drivers to benchmark and provide ideal and cost effective solutions, This frameworlt of oost drivers focuses on; • Process: Grainger consultants can help redesign purchasing 'and inventory management processes to reduce complexity and cycle time while improving servrce Ievels- Vile offer solutions to streamline the purchasing pros ess and a Utorrtate inventory replenishment for enhanced productivity • Inventory: Inventory is a critical, expensive component of a Member's maintenance operation, Consultants provide expertise to optimize inventory levels. We work with Member resources to understand inventory demand and supply requirements, identify obsolete stock, recommend Proper on-hand inventory levels and set effective reorder points for fv1RO items * Supplier f Product: Consultants segment, classify and analyze suppiierlproduct usage to Identify op pertunities for greater leverage and incremental value. i Technology: Effectively integrating electronic solutions into the MRO procurement � strategies is the key to enable long-term success and cost savings. Our Consultants develop strategies and implementation plan to get the most out of your eileotronlo solutions. Please see Exhibit 7 Graingers Consulting Inventory Baseline , -Orol hga rls FbgtWear•Pf grarrM:SS hopim6}ile Solution. Grainger's managed fbotwear program allows employees to order shoes through four different methods, W hether you're buying shoes through our online tools.. at a Grainger Safety Footwear { Center, or from a S hoemobile, our [benefit Management Systern can help manage your footwear program. They're all connected to offer you a consistent ;shopping experience, 1. Online Safety Footwear Program: Administer footwear programs and purchase online with our easy to use web interface programs 2. Shoomobile: Grainger Shoemobfieas drive to your facility to service employee footwear needs. Shoernobiles display over 100 footwear styles to meet your program needs and stock 2,000 pairs to allow your employees to receive ;shoes during a visit. Trained footwear professionals ensure correct suing and comfort, 3. Grainger Footwear Centers: SeJect Grainger branch locations across the U.S. stock the latest footwear comfort technologies, 4, Onsite Safety Footwear Center: Company-approved inventory and displays located i within your facility rnake rt convenient for your employees to purchase safety footwear. Facilities bvhich meet minimum requirements are serviced onsite by Grainger's customer service staff'who Meas ure your employees for the proper fit, Our Safety Footwear Selection Includes: 500+ styies including a large number of :Made in USA' styles, from office dress to most- rugged slip-on and boots ■ Over 100 styles speoffically for women — one of the largest selections in the industry, built sized and fit to a woman's foot • Over 40 different brands RFP P40. 192163 �.. The Sit'uf'fucson& [}.ltNTA April 11,2019 aNUintenalroc, Rcpair lend Operations QyjRO) S11Vl)1ie}.T?Rft5,li lLdPnrtatl, -N4a1)a1'1Za5& 9.3 Relatod Sorvices Page 577 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT �r+ � REQUEST FOR PROPOSAL NO. 192163 255 W. ALAMEDA, 6TH FLOOR,TUCSON:AZ 85701 PRINCIPAL CONTRACT or FI GER:JENN MY�RS, CPPB PH: (520) 837,4137/FAX: (520)791-4735 • Wide price range to accorrlmoda#e bofli company and employee budgets It One year manufacturer defect warranty on all styles • 0 days OrrtployQe satlsf2lction guarantee • Free shipping of any footwear return rainger's Safety Footwear Buyers Guide (hard copy and online) helps employees navigate to the correct shoe. f Dedicated 800 Specialized Footwear customer support I Aac01i6 to ALL *b'Dhedvlad*Vnrns 11;a 1ped blanches Cn-Silrf ealsalr sit I xlylee svaltaUe .011 %le lrklcl! V1s1,s -AIrollr�r opQon votlll ajul mer i(,.Gwion i Ealwto.ucr 111tciriot .WC30 rango of#kyles 86iman bariallts GuMommVpro"d w Fully rntq,�rtaleicr with A glace fl0111 OUT acs Mom Iii-nil( l inwonbory inv�nl41y and disph�yy #3rA�nr]e�.GUfs1'� Atlork�CI9Clic-Y1 Ot I Ae Benefits Management t System (BonM n) 70 { Benefit Management System (BenMan): Whether you're burring shoes through our online � tools, at a Grainger Safety Footwear Center or fronn a Shoernoblie, our Benefit Management System cart lie Ip manage your footwear program. They're all connected to offer you a consistent shopping experience, i The Benefits Management Systern is a purchasing and tracking system that's integrated into Graingef,corn, { It delivers fast and emy purchasing and custorn reports and benefits track!ng • For customers engaged in the safety footwear program this means that they remain In control of their program while BenMan simplifies administration and saves thern time and money m reducing the costs aasociated with implementing 2nd maintaining a prograrrl Features I. Set up footwear selection guidelines for your employees based on their work environrnent. . Select from a menu of services to track employee purchases and manage eligibility. 3. Manage and review payroll deductions 4. If you have payroll deductions you can easily view and monitor there for each employee 5. Manage employee eligibility through subsidy reporting. 6. All purchases are tracked and managed so you have complete fine of sight to purchase history 7. Leverage two specific reports & Purchase history, all purchases made in program 9. Subsidy eligibility-dine of sight to who is and isn't eligible based on purchase history 10. Generate custom reports I RFI' NO. 192163.. — �.T.�y..Y. The C,.t 1,7, rcRnn & Oh1<lVl;l April 11,2019 ' Jaurtetsortcc, Repair And Opuratiora5(MRO) Supplies,I mIs, Equipment,MaWriais44 Rclatecl ervices Page 578 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT IGR" . REQUEST FOR PROPOSAL NO. 192183 255 U1+.ALANIEVA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER'JENN MYERS, CPPB PH (520) x#37-4137 f FAX- (520)701-4735 SHOEMOBILE SOLUTION: rainger's Shoemobile fleet is unsurpassed in the industry. We operate a growing fleet of 4;5' tractor-trailers and 6' trucks. Trained service representatives measure customer employee's to help ensure a f proper ffl and suggest styles that adhere to their i company's footwear program guidelines. hoemobile* can display over 100 footwear styles to meet your program needs and stock 2.000 pairs to allow your employees to receive shoos during a visit. Trnined footwear professionals ensure correct sizing and comfort. Grainger has a 98% fulfillment rate on our Shcemohlle. If a shoe Is unable to be provided at time of purchase, Grainger will shIp the shoe AT NO CHARGE to the employee's home or work location. i Point of Sale: Grainger Is a leader in Shoemubile Automation Technology, We prooess transactions in seconds using computer-generated sales tickets & barcode l technology, leaving more time for proper fitting and style selection. Compliance Benefits Administrators can establish compliance measures with - F Grainger's Benefit Management System with the fallowing capabilities: 4 5 � i - 1. Employees can only purchase footwear that � meets the requirements of their job task, ensuring they select the right footwear as r specified by the employer. This reduces the risk of employees burying than wrong footwear cr footwear that does not meet the appropriate A TIVI standards. ' 2, Robust reporting allows an organization to track not only who bought footwear, but also who has not used their subsidy, a potential indloetor of old or worn out fool-wear. Ensuring the footwear is in serviceable condition, reduces the potential for r Issues dire to worry outsoles, etc. In addition, eoeption reporting allows an organization to ensure everyone has access to the appropriate footwear, again reducing the Potential for employees to use unapproved footwear. Grainger partners with a nehvork of eyewear providers that can offer multiple solutions for safety prescription eyewear needs. Service options include onsite kiosks or local etre care servioe providers- Each program has unique features and may require a minimum number of eyewear users. Further details are presented In the charts below. Eyelatfon [ Eyelation is a benefit management system enabling employees to order 2117 and companies to save tirne and money. Over 250,000 registered users currently use Eyelation's Benefit Management Platform to manage their safety eyewear program. The Eyelation program includes a self-service kiosk with its own Internet connectiulty and allows for online ordering on customer's desktop and mobile. IdeP No. 192163 »� Tlke City of Tucson & 014TH i April 11,201 kfa;ntenfauce.Repiir And Operari ons (NEW) Supplies:1'mfr %,RgsaipmenC, & 95 Rented Scrvioes Page 579 of 1743 CITY OF TUCSON DEPARTMENT CF PROCUREMENT RAMER. BEQUEST FOR PROPOSAL NO. 192163 255 VV. ALAMEDA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT 0 F F I CER'J E N N MYE RS, CPPB PHI: (520) f 837-4137,`FAX: (520)791-4735 l Eyelation Benefits I ... axc fou 2417 system access for all employees • ustomi�-,able for departments so ernployees only access approved products • All orders are reviewed by an optician • Benefits, eligibility, and renewals are managed by Eyelation ■ Productivity savings of approximately 4.5 minutes per employee vs traditional BRx programs Transactional savings • One cohesive program for all employees ' .. I Account informs#ion Including benefits, eligibility, and product selection are compiled, eJong with download of employees nt the plant. Administrators can access the Adrnlnistrative Site to export billing details that mi-respond to the distributor invoice, ,...,.,----__.._-.�----- i 2UOYor more for kiosk ------ - --- Total Ej eivear Usej � Online ordering now avnl table, minimum of 50 i ....--....................._................ . - •--........-...................................... , Components pr1-Ticiny Format iced-separately - 41 Order at kiosk with its own internet 3 firae,r'ringPro ess f connectivity or online, 24/7 Manages eligibility:and allowance . Pr'ogr'i2mi ' Re.p6rt1ngEvail6le-oar Munagemerit Too.1s Eyelatian.corn . , Program set up process. Schedulcd � = Program Start Upf fnstaliation of onsite kiosk or ' ar:tivation of online program. s GJ'assaes Pick Up fVlailad to home arwork r r I Hoya I I-loya's SRx Made Easy provides a sh-nple process for customer's to purchase prescription safety eyewear thrOUgh a national network of independent eye care professionals. Package prlcing saves custorners money on a comprehensive range of frame styles and lens treatment options. SRx Made Easy turns a logistical challenge into a tangible benefit for your business, Hoya's Six Made Easy provides a simple process for custorner's to purchase prescription safety eyewear through a national network of independent eye care professionals. + Program works for any Size customer or location I RFP NO. 182783 �~�• Tike City of Tucson ��0�11Ntti April 11. 2019 Nlaintmaacc, Rcpair rind Operations(NiW)Suppiios, Part.,F,quipneni A-tfllcrials a, 96 Rclate[f Set�ices Page 580 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT HG u' REQUEST FOR PROPOSAL NO. 19216a 255 VV. ALA MEDA, 6TH FLOOR,TUCSON:AZ 85701 PRINCIPAL CONTRACT Of=FICER_,lENN MYERSI 0PP8 PH; (520) (" 8.37-41371 FAX; (520) 7�1-4735 imputed SKU Process - Only 4 Price Packages & SKU's Each SKU is a complete pair of glasses and includes professional optician fitting services (regular eye exam is not included) Access to Hoyn's nationwide~ netvork of eye-care provider BASIC package: includes Plastic frame by HOYA ( 0+ styles to choose from. such as new high-wrap foam-lined options) Enhanced package. includes any frame choice from the ooJleodo{a, including titanium and stainless steel frame options- Sunglasses option: includes Choice of PhotoGhromic or Polarized 18iases HOYA has partnered with more then 2,000 independent Eye Care Professionals throughout the United Statea to provide accurate and tiIMly eyevvear fittlrrg anti order processing iainger is committed to serving our local communities In their greatest time of need. This begins with a pro-active approach that develops preparedness-focused relationships with federal, state and local first-responders and other relevant government agencies. Pru-active relationships are the key in providing support to help out communities prepare, respond and recover from emergency SItUations, Each year our supply chain and inventory management teams collaborate to develop forecasts and inventory Wategies to fulfill the abnormal spikes in demand that often occur In Jarge scale disasters such as hurricanes; floods, wild fires, winter storms and other emergency events. An incremental inventory investment is made and critical supplies and equipment are strategically pre-positioned within our network of more than 250 Branches and 14 Regional Distribution Centers. This approach enables planning disouasions to align customer needs with our emergency inventory plans well before disaster strikes and expedite the delivery of critical supplies to affected areas. Additionally, the products and solutions offered reflect Grainger's all- hazards philosophy as well as guidarioe from authorities such as FEMA, the CDC, DHH, the American Red Cross, as w9IJ as years of company experience supported by historical customer demand data. r I Threats Hsu„r.�nes F,eliv��iiaatar Fcrwe; F,ia�es F�aads ToFfladom. Mosquim-6wak-Dianosas { Cum nn:nleablaDls�eas Ea�hquactes L;aZ�alou2tslareri i 4'tjs— s a Dm,,JT;te -*7 7 Extrema I!ea; VA-wer otoF m > ('Ire Pwtaction GtOiflger'v Online emergency preparerJneFs landing page !f`filerl wigs resoor'ce.s and injornaadon on products andseiviees svhkb djrecj�y adds-esso many of the needs,for eviergeracj,preparedna,�F In the event disaster strikes or is deerned imminent, rainger's corporate Response Team l 1C1'NO. 792163 -- ---,.. Titic City ot'TiieRoiz& [}?4iENi.4 - April I I-2019 Wil intenaucu,RL^pair And Operations (�dRO) Sul}plies,Pans,Fquiprlien�,Matcrial5 & 97 Relate4 Sorviucs Page 581 of 1743 WY OF TUCSON DEPARTMENT OF PROCUREMENT mREQUEST FOR PROPOSAL NO. 192163 255 W. ALAMEDA. 6TH FLOOR,TUCSON,AZ 85701 PRINC1pAL ONTRACTOFFIGEN:JENN MYERS, GIP PC PIF (520) 837-41371 FAX- (520)791-4735 collaborates to Identify priorities, assess our inventory position, provide large order support & expedite customer deliveries. Our emergency planning efforts and state of the art order fulfrllmeflt Systems allow us to provide customers with real-time product availability information that can be eounted on. Ultimately, Graingeft greatest fesource is our people, especially those directly supporting the affected communities. During a large-scale disaster rainger's highly Wi ried and experience employees provide direct support to State, City or County emergency operations oertefs (EOGs), These employees often work directly with 10ral first responders and responding agency's to quickly field information requests related to product selection, availability, quotes, delivery, invoioing and more. These team members also assist with in the execution of rainger's prioritization protocol whioh prioritizes inventory to those agencies directly involved with response efforts. Grainger offers the following during emergency situation: • Branch Operational Hours Extended up to 24 Hours a day as required + Experienced Customer Service Agents avaiiable 24-7 at 1-800- ALL-WWC Emergency preparedness oatalogs, capabilities guides. and emergency oheddists • Internet landing page on grainger.com dedicated to threat-specific solutions, products and resources. ' In any emergency, large or small, our pricing and services remain as provided in the contract, a Recent examples of Grainger's Emergency Response capabilities: California Camp & Other Fires f October- November 2018 and October 2017. The Grainger corporate response team activated dally briefings { I and updates to maintain situational awafeness and work collaboratively with all emergency response J a3genoies, public and private. Throughout the . Camp and other fires, Grainger provided a `±w consolidated source for critical supplies required to keep facilities, fire crews and shelters operating, Requirements Included canon filters, air purifiers, N95 respirator masks, gloves, ootS, '. . tents. clearing supplies and more. Affected areas were served via same day deliveries from rainger's Patterson, CA distribution (,,ellter. Grainger's transportation team assisted with expedited clellveries to emergency staging areas and shelters. Grainger freld representatives were present or remained on alert status 24 hours a day over a 2 week period to support agency needs. Grainger's supply chain team monitored demand and directed product to Northern California from Grainger distribution centers and direct from its manufacturers and suppliers_ Grainger teams were committed from initial support throughout response into recovery and cleanup, support is continuing. Hurricane Michael Florida Panhandle and Surrounding Areas C October 2018, Grainger's corporate response team was activated prior to the Category h hurricane making landfall near Mexico Beach Flarida on October 15, 2018. Product was positioned and trailers readied. Grainger employees and resources made way to the areas beginning the weekend of October 5 to assist State of Florida and all private/public entities with RFP NO, 192163 April 11, 2019 fMaintunance,repair And Opm-atloas(Mid())Supplies,Parts,EglLiPMC-11t,Materials & 98 ltela�cd Services Page 582 of 1743 CITY OF TUCSON DEPARTMENT 0F PROCUREWNT r y1ARREQUEST FOR PROPOSAL NO. 192163 255 W. ALAMEDA. 6TH FLOOR, TUC$ON,AZ 85701 PRINCIPAL CONTRACT 0FROER_,lENN MYERS. CPPB PH: (520) 837-4137 1 FAX: (520)791-4735 preparation. Grainger employees were present at the State of Florida Emergency Operations Center (EOC) in 7allah2a5see and local government EOD's #hroughout the hurricane and recovery, With several thousand residents' homes damaged or destroyed, shelters were made available. Grainger met daily needs for water, MREs, octs, blankets, toiletries, first aid equipment, medicine, sanitary and other shelter items. Grainger expedited distribution of chainsaws, insect repellant, generators; sand bags, gaS cans, and related suppliesFirst responders; throughout the area used Grainger for supplies including flashlights, batteries, reflective vests, signs, shovels, water, personal protective u equipment, generators and sanitary equipment. Product was redirected from I other Gralriger facilities and its l manufacturers and suppliers to the Florida Panhandle, S ! The Grainger Energy Serviires tearn can identify and implement a wide range of efficient solutions for your agency through its fretwork of qualified, insured and licensed service providers, Our service providers help facilitate the installation of energy-saving and water conservation rneasures. We can help Members secure applicable iricentives and rebates for energy and water-saving projects, Grainger North America also offers Environmentally Preferred Product(E PIP) training in collaboration wRh our key supplier partners, i �iDt6F1#irk�.t4rioflts: �:� '-:.,.;;',�°:'. . ::;,-�::°:': .{.•,��. . Ctirripr�ih_e>rts�v,+s:�erx? a�r, , -lrnproi&d use of enem y :. !�..,.pl¢.en�r��y��iri;w��`4s�,vir�;�ef4itl�fls�::.,;"�..� • F r lueGd ipdrafing c7o§ts '•� �.kpgraded infraslf�lGlure . '=� �k�rfa4f��Q�i a�tp�,ar'ici.;prv�i] ..� 'iSPi'r� ! .. r 4+Verr nties on n wW rl i4n . . t +':lCisfAllalloPl; Y.. u�flfi.�cl;.li�sr�[�d::ae�� liabrjsed:+. t •10warad op 60 risk' Av61ded rnsWntenarioe &penses kaducbd facility oarboio faotprlrtf. "Provided by thin#party service{providers and subJecf to Member eligibility, * LIRLing Projects miry Cueriprased Air Syslom 3trirW-s Strfm Trap Syskr m studi@s and UPQrPcis Projects and Ufkiriido PmjovtE; HVAC Projcjcts aaj�yDust C�ofbr'li:m Sy-,tern Skudaq , Water im �r�xi��atic'n T d Upgrade?ra Arks T 41 raac Prods Motor and F-'Itxrir,Projects Elea do Vchlr,IH cih;arging Station Projc01,9 3 TIm C-ity ni'Tueson &0-NI"'f A April f I. 2019 Majaluuaneo,Repair And Operations (-MRO)Supplies,Paris, Equipment,Nlalcri2tls&, 99 Related Servirts Page 583 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAMM, REQUEST FOR PkOPOBAL NO. 782763 256 VV. ALAMEDA. 5TN FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICF�R,JENN MYERS,CPPB PH. (520) 637-41371 FAX-- (520)791-4735 -7,. -Lighting Seri tot . The Grainger lighting Solutions tearn serves as your resource to help implei-oent a comprehensive lighting retrofit of your facility through iLs Fretwork of qualified. insured and licensed service partners. Working closely with you, our service partners will help identify and facilitate the installation of energy-saving lightfng measures that will help benefit your bottom Jine with minimal disruption to your business. Our service partners will also help you secure applicable incentives and rebates for your energy- saving protect. Don't wait, get access to innovative energy-saving services, PLUS a wide selection of lighting products todayl ' I With a focus on energy costs, environmental I considerations, safety & security issues, and the need for quality Ifghting in the veorkplace, Ifghting retrofit projects offer significant energy & IBRO savings while Improving facility infrastructure. F Through our qualified network of ESO partners, the l.lghtfng Solutions group offers; 4 Slte assessments Audits/Design • Turnkey proposal I * Professional project rnanagementfinatallation ' • Utility rebate administration a. :.Okllity 411"weds I Grainger has a mirage of services to provide the City of Tucson and DIVINIA Members with assistance as to roofing, skill tralnIng, eIact rioal end protecting interior services. A surr mary of our 3" {party relationships follows; + Electrical Services; Electrical system consultations are offered to determine the p of degree present eserri aro flash hazards and appfy equipment labeling, Studies include maintenance of electrical distribution system components =� t and mitigation solutions to lower arc flash energy or i° I exposure, • Technician Skill: Tra.ihing Services; Members reaelve safety and industrial skills development to apply on the job immediately. Training can be schreduied on-site at Member Iocatfons or off-site at scheduled Jocations across North America, Topics such as compliance, electrical, HVAC, and machanfcal are addressed, • Rooflng Services; Roofing and building maintenance solutions designed to prolong structural life, track roof assets, save energy and improve safety. Patch & Repair Services Roofing Restoration Rooftop Safety Installation Roof Cleaning Inspection Services RFP NO. 792763 � f The Citi'of'l icstan & 11N1A � April 11, 2019 tvfaintF nonce, Repair And Opmatic}n5(NUO) SuFpliee,Parts,Lquipmch3t NInteriah,& 100 Rwlt�tu! �enices Page 584 of 1743 CITY OF TUCSON aFPARTMirrrr ENT OF PROCUREMENT 1� 't RIE QUFST FOR PROPOSAL N0, 182168 255 VV. ALAM EDA, 6TH FLOOR, TUCSON,AZ 85741 PRINCIPAL CONTRACT OF FI CER:JENN MYERS, CPPB PH= (520) { 837-4137; FAX: (520 791-4735 Preventative Maintenance Contracts Air Barrier Audits * Indoor Coating Services; A comprehensive portfolio of solutions is offered for preparing, priming, coating and protecting interior surfaces" .0:.. Ojugrtohi .Prod ' erit0 Grainger has the ability to customize products with the Member's logo or message. Customize products like filters or signs to meet your needs. Members decide the size, configuration or message— Craniger will take cage of the rest, AIrPtWra Dona$a- Floor0.1s19 Haidltyrs I_,W. W;1VDF i i b. Describe how you will roll out your program to City of Tucson staff? include in your discussion training,education, meetings, information gathering, etc. i Grainger aokncvdJedges succees of the City of Tucson contract begln� vdith an effective plan, embraced by the City, to educate, inform, and go to market strategy. Grainger will j utilize a combination of communications and marketing programs to drive contract awareness: demonstrate contract value, and promote a call to action towards existing City of Tucson staff, In addition, Grainger will partner with OMNIA, industry experts, and business partners to implement the contract" Grainger will collaborate with Olty of Tucson and OMNIA Partners to mutually align on communication channels, messaging content, and delivery targets and timing to demonstrate a strong partnershlp across our organizations when marketing the City of Tucson contract and its benefits, i Grainger will designate a dedicated implementation project manager to execute and deploy all major milestones of the Master agreement, r s I i Create a mutually agreed upon joint comrnunlcation campaign, including- I I A" Assign marketing and communication exports to create messages and tools for internal and external purposes to include. a. Upon notice of award, Grainger will provide Executive Leadership Landorsement and support. Throughout Grainger, messages will endorse the new Master Agreement as a viable option for Participating Public Entities and will highlight the value and benefits of the new contract" 1i1+1'No. 782163 „ ».T. The City of Tucson&0iv1NlX ApriI I I, 2019 VIaffitunancc,Repair And Operations(Pr9RO)Supplies,Tarts,Equipment,N-IascrWs& 102 Related SeiLvjocs Page 585 of 1743 NNGM CITY DF TUCSON DEPARTMENT OF PROCUREMENT (1ell REQUEST 5OR PROPOSAL N0. 792'163 m 255 W. ALAM EDA, 6TH FLO0R, TUG 50N,AZ 85701 PRINCIPAL CONTRACT OFFICER-JENN MYERS, CPPB PW' (520) 837.41371 FAX: (520)791-4735 b. Grainger will ccIIaborate with City of Tucson/0MNIA4 Partners and distribute a co-branded press release providing highlights of Grainger's award positfon and contract benefits. c, Grainger will collaborate with City of Tucson/01VINIA Partners and announce Grainger's award position and contract benefits through mutually agreed upon social media sites such as Twitter, Facebook, Linkedin, nr d YouTube. d. Update dedicated Ok+INIA Partners Grainger internal WebMe with City of T'LIcson contract information and benefits. e. Grainger will partner with the City of Tucson to identify Key Agencies and Key Stakeholders at each one. Grainger and City of Tucson will create a mutually agreed upon contract execution and education strategy including; A. Grainger will conduct a Joint Pfanning Workshop with Oity of Tucson leadership to determine contract Key Performance Metrics and determine the specific goalsfinitiatives of the City of Tucson. We will create a Site Execution P[an, which will be deployed to the ~ales Team. D. As part of the Joint Planning Workshop, Grainger and City of TucsonlOIVINIA i Partners will align on the following to include; a. Marketing b. Education{Tralning c. Contract Performance Metrics d. Annual Contract Awareness e. Customer G rowth/Penetration f. Segment Strategy F Grainger, City of Tucson, and OMNIA Partners will partner together to educate respective teams of the new contract terms, differentiators, and gc-to market tactics that will be used to ensure growth and transition will be smooth. A, Marketing a. Provide to Cfty of Tucson mutually agreed upon co-branded collateral pieces Including, contract benefit presentations, services and solutions marketing collaterals, and case studies. D, EducatioNTraining a, Graingef leadership will ensure comprehensive understanding of the City of TucsoNOMNIA Partners contract terms, benefits, and soiutfons through regional Kick-Off Calls, and regional focused Site Execution Plans for Grainger Sales Team members 77l' hlD. 192763 The City of T�,(,.san & 0AINlT Apfli 1),2019 .-Iaintenance;Repair And Opera119rrs (MR0)Supplies;Tarts,Lquipment,Maturials& 102 Related 5eryiccs Page 586 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT emif ` REQUEST FOR PROPOSAL NO. '192163 255 UV. AL.AMEDA, OT FLOOR,TUCSON,AZ 86701 filPRINCIPAL CONTRACT 0FFIOGR,JENN MYERS.CPPB PH, (520) { 63T-4137 f FAX: (520)791-4735 b. Grainger's Government Sales team will have comprehensive knowledge of the new agreement to present the benefits of this agreement to all eligible agencies, c. Conduot dedicated training - In person alnd virtual meatings --to key City of Tucson personnel on the new Grainger's offering d. Provfde seller action plans and timelines to achieve implementation success criteria e. Conduct, at millinium, quarterly contract educatfonal calls with Grainger Sales and Customer Service teams C. Contract Performance Metrics a. Grainger will utilize sales reporting to ensure all goals and obJectives are met. Grafnger wilt provide periodio updates on the contract's revenue performance and affiliation growth through Stakeholder updates and business reviews as requested, D. Annual Contract Awareness a. Business Reviews with City of Tucson Procurement Off ioer and Key Agenc[es b Conduct webinars for City of Tucson staff as well as live meetings, to refresh j knowledge of contract benefits, promote key rinitiatives, share customer level succass stories, as well as product of erfngslpromotions c, Provide cuslomer compliance metries and reporting as requester! � E. Customer GrowthlPenetration Effioiencles a, Work with City Staff to identify areas of opportunity for additional savings offered through this contract. Grainger will use reporting, supplier experts, and consulting business partners to identify key areas the City can take advantage of. I c. Describe how you will develop and mafnfiain reiationships with key department encs users to convert sales to this contract, offer relevant solutions, problem solve, introduce new products or services, etc. i To develop and maintain relationships with key department end users to convert sales to this contract, Grainger will conduct Business Review Meetings with City of"Tucson 21I1d all participating agencies and rnernbers of Grafnger:s Sales team led by the primary Account Manager, At these meetings, we`ll review existing customer goals, make adjustments to ensure the needs are being met through this contract, We will also present cost savings and other efficiency opportunities related to the contract for consideration, and work continually with the City and each agency to meet their expectations- Grainger's value extends beyond the products we deliver. Our ServIces, Solutions, and Product's help our customers control and lower cost. We will ensure we review new department or agency initiatives to determine solutions that Grainger could proactively drive add[tlonaf cost savings to meet department and agency objectives. Grainger offers many relevant cost savings solutions that bring value add to the City of Tucson's participating agencies such as Safety Services, eCerrrmerce, and [ eeptock Inventory Solutfons- The Grainger team vwifl proactively introduce selutlons, including new products, during site visits and regularly scheduled Business Review Meetings l RFP No. �92763YY»..•��—�.•�• —.�_.•.��».,�_---�'..•. TheCity oC'L'u(N)n &. QIy1R'LA ••�� April 11,2019 �MkL ntcnanee,Repair And Opiratious(N-iRO) Snppiie5,farts, Equipinorit, ntprial:s & 103 R darod �Qrvices Page 587 of 1743 CITY OF TUCSON DEPARTMENT OF PROM RENI EN7 A M REQUEST FOR PROPOSAL NO.102163 255 . ALAMEfi DA, 6TH FLOOR, TUCSON,AZ 85701 rirr PRINCIPAL CONTRACT OFFICER:JI=NN PJYERS. CPPB PN; (520) 837-4137/FAX: (520) 791-4735 d, Desoribe your sales and reporting capabilities, What level of detail is available? Grainger's utilizes SAP's innovation for reporting, transactional, plannfng, logistical and operational needs of the facilities maintenance marketplace and especially to meet our customers' reporting requirements. A high Level of report detail fs avc1ilable including; items Purchased by track code, sub track code, end or account number, total sales and quantity per item: total sales of an account level as well as their shipping location, supplier diversity reports, green purcha.,e history reports, invoice detail report and more. Additfonaily, rafnger's self-serve- site allows Llsers to view real-time Order History, or all orders placed as well as order status, delivery times, logs for approval, workflow actions taken, and to download invoices if copies are required. Some of rainger:s detailed standard reports that monitor spend and track usage includes: • Procurement Tendency Report. hefps customers understand purchasing tendencies executed through Orafnger (channel sales, repeat item spend, category spend) • Keop tock Inventory Management Reporting; reports generated showing customers inventory utilization through all 1 eepStock programs ■ Customer Report Caret: The Customer Focused QuaI4 Report Card is a detailed breakdown of the following information, Order Surnmary Q Total Purchases c} Total # Orders v Total * of Order Lines o Average Line per Order o Average Doi Iars per Order + Product Accuracy Fill Rate Complete Shipment Rate On-Time Delivery Invoice Accuracy • Cost Savings Analysis (OSA): Deports savings based off catalog price, ' • Item Purchase History (IPhI): Summary report that shows items purchased by track code, sub track code, and or account number. Includea total sales and quantity per item. Itern Purchase History by Account (IPH by Account): reports items purchased by track code, sub track node, and or account number broken down at the account level. t • Green Item Purchase History (Green IPM): Summary report that show green items purchased by track code, sub track node, and or account number, Include sales and quantity per green item. • Purchase by Supplier (PBS): Reports item sold per Grainger supplier/vendor, • Product Line Distribution (PLD): Deports sales per month by material segment. • Supplier Diversity: Reports sales per Orainger's diverse supplfers, • Purchases by Account (PBA): Deports sales by Grainger sold to aocount number to include seller alignment and prior year sales. i RIT NO. 192163 - � The City of T�kegon '.C1MNJA April 11,2019 Maintenmoo, Rgalr And Opelatinizs (ARO)Supplies, Parts;EquipinonI.,kfaterials & 204 l Blot d Servioos Page 588 of 1743 CITY OF TUCSON ID E PARTMENT 0 F PROCUREMENT GRAI REQUEST FOR PROPOSAL NO. 992183 255 W. ALAMEDA. 6TH FLOOR, TUCSON,AZ 85701 WARARMTOTEEMMUMPRINCIPAL CONTRACT OFFICERJENN WE R8. CPPB PH'(520) 837-41371 FAX' (52O) 791-4735 ■ Overall PLImhase Analysis (QPA), Reports sales by account number to include sailer alignment, prior year sales, CSF' purchase's, Non-CSP purchases, Grainger,com purchases, Ebl purchaser., ePro purchases, and FMR0 purchases. • Shlp4o Report: Line [evel detail report to sho%v sales at art account level as well as their shipping location. • eCommorce Report: Reports sales by account broken out by Grairigef.aorn and ePro sales. • eCommerce Sutr nary Report: ~summary report to show monthly breakdown of Grainger,com, ePro, and EDI sales. I • Grainger Choice Report: Surnmary report to show monthly breakdown of sales per Grainger Choice brands. • Tier Report: Workbook that includes OPA, IPH, FSM PBS, CSA, as well as a SLIM mairy page, • The Invoice Detail Report (IDR) is a detailed breakdown of the fallowing information: Itern Purchased ► Purchase Amount Bill Date Tax and Freight Customer fC billed Sales Doc # Catalog Price + Name of Orderer Diff and savings l * Account number ; Order History Report; The order history file caritains detailed Information about each 1 order. Reports may be customized based on the City of Tucson and OIVINJA s McInber's spec lfc needs. This report Inal udas the following fields: Item Total Cost Item Desedption Grainger Account Defaults (line level) + P.O. I-Ine, Member Part, Member Item dotes Item Brand UNSPSC Product Category Cade Quantity 4 Categories and Sub-Categories Order Date and Order Number Priv a Slopping Information Method, [`[rst and Last Name, Company, 4 Address, City, State, Zip, Country, Phone, Fax, Email Extended Price Greinger Account Defaults (header level) i P.O or AMEXTrn Ref, P.O. Release, Project Jolt, Requisit[on !Name, Department, Phone Extension, Attention/Delivery Instructions Subtotal Payment Method Tax Line [tem Number freight Custom Reports, Grainder is oa,pable of offering a wide range of Custom reports. All custom reports may be made available upon customer request RFP NO. 192103 The City'of T�reSarr& C 14ff+1 1 April 11,2019 Pr hIft]LKLI0B,Repair Aust Op raflous(NTRO) Supplies,ilarrs,Pquipint�nr,Materials� t�5 Relrrtuc! Scn'ite5 Page 589 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 782163 2551N. ALANII;AA, 6TH FLOOR, TUCSON, AZ 85701 PRINCIPAL GONTRACTOFFI0ER:JENN h!IYERS, CPPB PN; (520) 837-41371 rAX. (524) 701-4735 4. Ordering and Invoices c. Describe your ordering capacity (retali locations, telephone, fax. internet, etc-). Provide details of the capabilities of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history. technical assistance, lists, technical data and documentation, identification of alternate green products, etc. Grall1ger's vv(ob-based ordering systern (e orrmmerce purchasing system) has a proven record as the largest e-Retailer in the MRC = ; industry. Grainger has the most comprehensive website Platform with user fnendly and customer- focused f_--�•�t#, y. ,�:f flexible web portals, mobile apps, and eProcurement offerings in the industry, The solutions deliver "Easy to Find," "Easy to Use," and "Easy to Connect" procurement solutions that help the Clty of Tucson acid OMNIA members save time and money. i With our eCommerce capabilities, customers may choose to order over the Internet I through Grainger,corn, place mobile app order, or order through a procurement solution Such as Ariba, Workday, or Jaggaer. Below are the Grainger capabilities for ordering and invoicing. I. Ordering Capacity; Grainger's multichannel sales approach lets customers choose hove they want to do business with us. It also gives them the fle ibllity of ordering in ways that best suit their needs. These sales channels include- 0 Internet!ecommerce i Email • Toll Free Telephone • Retail !branch locations j 111 t Fax . ovur H4.62.2 Inside and outside sales representatives • Grainger°s KeepStockG inventory • rANIAMeniberg management systems Mobile App Display Contract Pricing: Once logged on to Grainger.00rn or if accessing Grainger product via a Grainger punch-out, all City of Tucson contract pricing will be clearly dl5played on !tern detail Pages, within search results and in the shopping cart. Furthermore, the City of Tucson f Omnia market basket products will be clearly identified with the red "✓IiC" on the item detail page, search results and in file shopping cart. lu;P No. 19218 -- — ••�•� The Chy of Tuesam &C1NN'TA April 11.20.19 hlill tellailCe,Repair All Operafio,is(M R0)Supplies,Pkirts, FLi iii pineiit,N11lurial,5& 707 Related �ervi;:ts Page 590 of 1743 CITY OF 7UCBC N DEPARTMENT OF PRO 00 RE � NGER REQUEST FOR PROPOSAL NO. 192163 2.55 W. ALA MFDA. BTH FLOOR: TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER,JENN MYE=RS. CPPB PH.{520) + 837-4137 f FAX; (520)791-4735 r r: al� eys l�'w:au YU- I•rrvo«dw• r'Ixvn:4 RJ',':y.wofw s I,� t4�nrrrs01su 41=1•d � v,en lr"'ti a,r,Ic=.xYn ,5y+w:l,a.} ' aq-c kMx�ffilFW+GJGi l iiil GIOvr9,Pc-lyester)Crtton Material, 101i't lffilst G'Uftr N alu I a VB lack, G[Dvc-Size L .. brnx,pyx Ym1t.r t'r.ki�$ y� WlfiY'LYor;SFx.esexF b Wpfwi M1v rl�.Vy5.r1 K•br"r j•2ky . r�� ikr r.Yanrn, ,r,p 4Itiwl}ICr'io AR'13�J�r IMc W 141J.�Qr4 F nJI'+'N'F C., '"l. }+.0:551 NYIJYIi.li.bs. i �x £Yaa'Jap.r,.YiJQM hP'u.'+$"+in,larr ler a'r x:,�Yn.no�a.,.w�.xYr,�ol �k IS ABhxs.7v N�wvIF,• [3, 4•Yrtl�YroY, i E The City o1'Tucson and O N[A miff be OW to bask'', lie'ms by.ftding ] Online Ordering 2417: Tire City of Tucson and OMNIA Membra can submit orders 24 hours per day, 7 clays a week, and 365 days per year on Carainger,00rn and mobile applications. This allows for quick and easy ordering for each Mem bar anytime, anywhere. Order Status & Tracking. The City of Tucson and OMNIA Members can use rainger.com to track the status of any pending order, regardless of ordering channel (oniline, phone, fax, e-mail). Members can determine shipment status, backorder status, and patal order shipments, will call order pick-ups and order cancellations for orders paced within the past 36 months by dicldng on the Order l•-listory link at the top of any � Graingsr.com page. ? Tile City of Tucson and 0 M NIA Mernbers will receive a shipment notification with carrier i tracking information once an order has shipped. 111fornzailon Can l rdJ*rX�1L::15k*:.V9,=•�YM'4'8N7 NO errsl! be - '��Iagc�reiuJfdu;"•.•, (fcce�,sefl frOrT7 .Fxri 2 rllpr ' 4 DOR WAILS T.G1'NO. 192163 -• ' --- — The City of'1'ueson &- O_MNIA April I f,2019 MHilt#ai14-111 ~,repair And �� UE11itms(WRO)supplies,PUt5,L:jLdpntitint,MaLcrials& }tag ltciattid Servk s Page 591 of 1743 Giwhm CITY OF TUCSON DEPARTMI NT OF PROW REIlEN7 WrAmN=pMMMZMMW REQUEST FOR PROPOSAL NO. 182163 255 W. ALAMEIDA, 6TI1 FLOOR,TUCSON,AZ 85701 PRINCIPAL COt47RAOT OFFICER:JENN MYERS, CPPB PH: (520) 837-41371 FAX: (520)791-4735 Search Options: Grainger,corn allows the City of Ttioson and OMNIA Members 10 search and filter by the follow[ng attributes; + Keyvdord{s} * The City's Market Basket items Monufacturerlbrand * Manufacturer model number • National Stock Number (NSA!) Grainger item number * The City's part number • Supplier Diversity products • Green products (Logo for green) • otegories Or product index rainger's extensive investment in technology, specifically "searoh capabilltyp, is further represented by the fallowing ,search functipnaIlty: WILDCAR13 SEARCH: By using an asterisk ("), end users may perforin a wildcard search. If a Member is looking for a Model number but doesn't rsmernber the full number, the end user may type in the flrst three characters followed by an asterisk {*}, Grainger's site will search all of the model numbers that start with those three ' characters, REFINED SEARCH: End users may further refine their search results by clicking "Search Aithin these Results". This feature filters the search results by an additional k keyword or description. in addit[on, Members may further refine their search term by "Product Categories "Brand" or "Price". As refinements are made, detailed technical specifications are shown to allow Members to narrow down to the exact product, quickly procure it, and resume work. � Once a search result is presented, Members may: Add or remove refinements to their search without leaving the results page Refine their results by product specifications Sort by price, availability, rrlodel number, brand name and more See additional product information without leaving the resu[ts page View items ire talo€e format for easier comparison View a Mini-Item Detail Bane for quick reference r Find Green and Supplier Diversity products quickly i Use Search results to compare up to eight products at a time See product ava.ilabfJity in real time during checkout i SEARCH SUGGESTION$ (TYPE AHEAD). This functionality provides suggested terms, Item numbers, product categories, and brands as the user inputs a seeirch term or [tem number as presented below. Additionafly, it retains a searoh term history and recommends products_ VIEW PREVIOUSLY PURCHASED, Gralinger has a feature allowing users to narrow their search results to those products they have purchased in the past. This makes it easier to find the products you need, f RFII NO. 192163 The City oi''Cucson & O-MNIA• •� April 11, 2019 MailklOMMcc, Rupir clad Optradolm (VIRO)Supplies,Paas,Equipment,P4llcrialw& 109 Rclated 5e . cs io Page 592 of 1743 CrFY OF Tl1CSCN DEPARTMENT OF PROCUREMENT t AVl ' ' LrR- REQUEST FOR PROPOSAL NO. 192163 255 VV. ALAMEDA, BT FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT 0FFICE R:JENN MYE RS, CPPB PH: (520) ij B37-41371 FAX' (520)M-47,35 MINI ITEM DETAIL PAGE (11315): When viewing like products in table format} users call click on any of the individual items to view a mini-IDP containing basic information on the product; and an ability to add that item to the cart. _..__.......- -. ..,.- .�_.. r'�IrhMnFc.4 M I rsale18Pf CA16rca,A.01P-W-S n:FllI111rLL.311 T.,LY JLHIHL JrF'Y IF yL7�F }y 4iF Lu . i r*F61[bbal.5pa.liL•5 911rj TO$Iwn*• IMdFeIR TFI4SA[n9 I}m CF{�cll�lKae JEIo '.' �'}yy:'{.} =�`� 'wi4l plx[rnl+l'aw.CF lws:x;r,.ihvsl.�'#N SL1nsr:5iw.lnm: f2:61aA LF4S� *�'-� N uW rt'Jn91.Ff:r Ss;ri,l4r< 5 8' '•} rh✓1 Li[r,-wriao.r.c ~F`y `�- i WVfl[2i{yY_I+h' FM1YIWC _ YLr}ti v'Pii ri•"y NJ;a{!' I:I.IFririi qnp •~•'�� . 'wry FiF•.;` ., ' • ' fI Jwst:rS+:IpFKf,knrl [ry.`Ip7 G � `Yi_„y-S� �'.f 4..►-w+ „ � ��._i.� FY_ .-...,. ,.. _--__ 3 I h3r Fal { l� f; ;� 6 Y� i.'L.EIISIWNYJ.tgrt f!rl.n},:hrn,bJaL�:LFY'y}.'4 -� '4 S''y5r Y/Sw NU,d}rIRO r TABLE VIEW: Organizes like products into logical groupings and provides additional j product informatlon. The table format facilitates easier comparisons between products. i I Visual Attributes: Visual attributes help users by displaying imagery in addition to text and technical language, Users carr click on an forage to refine the search results by the selected value. Supplemental content is also available as banners to further help members with their purchase decision. Order History: 'The innovative Home Page on GraInger.com includes relevant user information such as order history, invoices, and other riseful information In support of efficient procurement management, Order History can be accessed for 35 months, Users have the optlon of accessing order history on Grainger.corn and reordering, or downloading a file of order history data for further analysis. This fico of order history data can be configured to include multiple users, various types of orders, various date ranges, and multiple file formats. l RFP NO. 192163 'Fhe City of Tveson& 0MNTA April 11}2019 Maintcnrinee;Repair And Opurat ons(ISS W) SUPP cs, Pers,l?quiprneni}lluterials c 710 Related scrviccti Page 593 of 1743 AINMR CITY OF TiJC ON DEPARTMENT OF P ROC U KEIA I--NT HnJr j REQUEST FOR PROPOSAL NO. 192163 256 VV. ALA MEDA, 6TH FLOOR,TUCSQN,AZ a5701 PRINCIPAL CCNTRACT OFFICER_JENN MYER , CPPB PH' (520) 837-4137.1 FAX: (520}79:-4735 GRAMBIRUp Up 101 F11 1-:1 ra%Ihnk He- Fa -ra C{fit# 'xi4�w.�4.;L<„ �,�'.i nx�I:.Snrt:ar-N'�.�7u1'i'19f. Scorch TJ'AIR Ordm Pad IN Carl Yya.+m.ol' OvmilDid Q%dur Mfrory IV.mr F,i pa4 F,il'obO I'leasa ya: Le al 1-HDMRAIM—. ER(1 DAN 11JHl1'AItEk Down hIV, cc*u 171 ;);dl.F" nLwhLAM.PIC�AAa D n.&t- A'Z&Hfmr1 i CIA&A ffa Q-Jrdrr Irl;Mry n",,aiiiii=il;,:mil.l:�aro;auir rue 5days trent rnuanl:Irdn. Uoyii ilAM5 �: 'yen,Ae1hx s RequesL order Hr r}ftapolt Nypitp kddmmn POU9 Lo 3:lns ! .. .................. ..... ........... . .., ti--.._......-} i {1.Wo ,DJ.Uahr.B C� .nlcad,,V TOrE61 B *' A.17}paf of urdfrf rAcn7hs GS4 file w Rccotl nl Ad inhsrstratlon _sV Wnn7-.AXr.; your RIPP5 t Win 'AuV-Llsr'k1-�By4wm,Rdsfj ... .. .. .-. .. .. YSUser ncrorrk 7,?u 'decdpJen km-nl{ix,�r#:^Ik31Ea La'deb'8 I crtcr hdcr}',pl�: rB CC1'{i=f!,:110.Y1!�[i.'�.Yib �Jbidiv_� The Qj�of Tucson and OMNIA.Members cora select search erirerla to search ruder'hlsxclrp. Order fiWor,y anforwation is avoilable onILUe<for thepreviou,s 36 nwrfrhs. i Technical Assistance: Grainger offers multiple forma of technical assistance on Crainger.com, j 1 !. CLICK-TO-CHAT., Grainger offers Glide-to-Chat Assistance for Membefs on Grainger,com and punch-out integrations. Agents are available from 7 am to 5 prn, Monday — Friday, in all time zones to assist Members with their product questions or anything related to the purchasing process. Agents in the click-to-chat function can access technical product experts to answer detailed questlons on product appllution or speOicatlons affording OMNIA Members a prompt means to get answers to their questions. ...........- 33an r 3ou]p YnLF wrM can chat five with.a comonler . ' (kr0is4j!vVjy7 4, ;; Sear 4ee Representative (CS'R)ms Graingel'.c°om. (bice "C'hat Now"is clicked, a tcessc�r,}er box opens up.allorving a nrbers� f -to i_ commufrlcate with,ih! CASA.-.-...------=-- - - HELP BUTTON: Gminger.com offers a "help' button featured on the top right of every page of Grainger.com to access additional information. f –TU—eP NO. 192163 -- ----w � The Gift' of Tucson rllrrii I'I f 2{)17 %laintenallQe,Repair And( pulatitms{MRO) Supplies,Fai s,F.,g1jj,u,,11,,Ivtateriaf s & 111 Rejawd Services Page 594 of 1743 CITY OF TUCSON DrzPARTM ENT OF PROCUREMEHT RAM"' JIMIZOM387M92020M REQUEST FOR PROPOSAL N0. 992153 255 VV. ALAMEDA: 6TH FLOOR,TUC50N: AZ 85701 PRINCIPAL CCNTRACT OFFIGER:JENN MYFRS: CPPB PH' (520) �+ 837-4137!FAX- (520) 791-4735 /Tho mw�a; z.-mr4�l^O at.y,� r�K<n�z.x. t..rnVsrw ss}Xe�tix�wkY�r�xn F: ' Tucson and lxaTt, f141J llra vb,FX nvA kr=K 11 ' YA Reinbers cao 1 to k45}1'UEG9 Ff.w&-IU.NO JQxr1kin Of�rSuy_rounnGU;lp gofIc,-lal and easily ' rind ans ers to Getting Slarted _�_ � the r1tr15't I Where is My Ordor COMMO/ y asked rl&-MIE Whom to My orAr7 Phd Pn6alMe fjuesdan.S and Order PlaGeryientn yT3,i ki SLlrF 4M6]'PLTir. PS,U.0 + + J Shopping }Yr1Jp. n F�A14A h ViYf7LI1,QP, 'Of1�. 1 I i 64 Ott Fgs marl R7vr�p%Auwnf Alli n ton1nP ! i1mp, rhrnxw:am+rA ;.�.,Flal.a ' YVpaFr1 r*lrm ,n;.�sl GWm+-Am Er{_rx{hn14J11PM C rhr4d P.ML215_UrtT!_#3 Egan Inow vR-1.L5N 111 iIGYd2'WWj•2 A I I I r� Crgar MRIL Orton!8$ksLen 013M 6niOntAgIHllnno Moblln 1300 liS iDM6] rFl+.r>]n.'rl rjrtirh.k Rol'ra .ao-h am*P,l+.p Fn+;:1�ff+1'Fl Fuala'J1 HW.". Cro'hvloafx9 Yitlr1 F afA r 1.0+�roa+a';.�++� 'r'man,.I PLr h.:9.3.s Fr—a.- 4'nv<x.k.1.1r +r{p#•0 +l'++xrom I FFhG4FCFH F4.aLr]as C1'31 � Personal Lists and Profiles: The CIty of Tucson and 01VINIA Members 0nn create i'Personal Lists" on ralinger,com and punch-out integrations for frequently purchased items_ A+tultlpie personal lists can be created and shared among Members using the ' same Grainger account to streamline the acquisition processL This functionality allows Members to: 5 F * Create lists by product category, servioe location, usage, or specifications and r thea organize those lists in folders ' + Order directly from their list by clicking "Add to Order"next to any item • Assign a location to a list allowing for easy access of that list from the Grainger Mobile app * Add minimax quantities, bin locations, and print labels of the items in your list for easy inventory tracking • Share lists with other people on the same account, so they can view and order from other Members' Personal Lists * Add or delete products on the list, combine lists or organize lists in multiple folders • Shared usage of these easy-to-access lists can assist the City of Tucson and OMNIA Members in consolidating product orders, avoiding duplication and driving product standardization to reduce costs Q To keep a record of previous purchases RFP NO. 782163 � � »� The City ofTucsan & 011N1.� , peil 11, 2U 19 490tena nco, Rupair Aud Opcialit)ns{NMO) Suppliers,Parts,Lequipin�,htit,l f,roea'iajs c 11 1�elaLccl Sgorvices Page 595 of 1743 CJTY OF.TLJ SON DEPARTMENT OF PROM REMENT GM REQUEST F014 PROPOSAL NO. 992163 255 _ALAMEDA. &T11 FLOOR,TUCSON,AZ 85701 PRINCIPAL C'ONTRAOT OFFICER'JENN N1YER3, CPPE PH' (620) �+ 637-4137 j FAX' (520) 7914738 Technical Data and Documentation. Grainger's General Catalog fs available in its entirety on Grainger.com and includes technical data and illustrations, SAFETY DATA SHEETS (FORMERLY MSDS), The City of Tucson and OMNIA Members may view and print SDS online at Orantger_corn. VIDEOS, CAD DRAWINGS, 36T SPINS, Users have the ability to see a complete view from various angles of Many products ffom the Item Details page. Identification of alternate i3reen products. The City of Tucson and OMNIA Members oan easily identify environmentally preferable products ort Orainger.com_ When searching for products simply look for our Green Leaf icon. This indicates that the select product has a UL validated certification and/or attribute. On ' Grainger,cum members can filter any product search results to view environmentafiy preferable options. i Grainger provides the 01t of Tucson and OMNIA Members wlth the ability to shop for ail certified products by clickfag the certlfication logo provided on the grainger.com/green website. In addltion, end users have the ability to narrow search results in order to identlfy environmentally preferable certifications and attributes that meet their specific requirements. All EPP products on rainger's shelves will have EPP product labels. Product Availability by Location: The City of Tucson and OMNIA Mernbers are abfe to j �. determine real-time product avaflabifity by Grainger locatlon. n..:,.y i:.l:n.Rlrxl_Ir m.A.:K .r .Krm,z enables the Cay Of kn+...co-'= wn,vknrl s:' 9ri.. : i,a n,k.')fbr.I,wN Ai.il1npK2F & OMNIA DURAcrLL Member's.ro BMW iv,AAA,Alkaline,P424 Check Kite J]I "ST l%kr PrIC9 AtIOrd.024 �itY,��r,:; — produet � �iKai21:=I � I 'L-'r_IN I]rihtl'7ph Wi/ik .7 arrival date of T T•:'�tl:'..SA)P*Y.10.'rn"r:{I'1AAnllL)I,Yk`r CLLI--14:LA .. s7hippe{� , orders. I RF'P NO. 192163 The City�of Fucson OMNT.4 April 11,201.9 Mai nwilance:Ropair find Operations(MRO) Supplies,l}Arcs, Equipment,MHterials& RelatM Scrvices Page 596 of 1743 GWNGER CITY OF TUCSON DEPARTMENT0F PROGUREIMENT + - REQUEST FOR PROPOSAL No. 192163 255 VV. ALAMEDA, 6TH FLOOR.TUCSON,AZ 86701 PRINCIPAL CONTRACT OF FICER;JENN PLAYER , CPPB PH' (520) {' 637-4137 1 FAX: (520) 7914735 E lcrw h F n&m;..Wj 0Nek,LIP rodq trw-h;ms-r,crwuir;V . —- — End users cart designate a default _.._... v....w-..,._. _.._................-.--.-.� branch within their account profile or HAD allow Grainger-cam to provide 6vailab[lity based on the branch R{71ilsT-3rd e110-L�url closest to thea location. . �}' +h+:.8:e 4evsi wN lrxrary, Pew,.w`a,,, , rir`re 9l,.yla'z' k LV'WkbW.rd.',ramh miEh k5}rrl 1rs.1"zlmn Try-H---P . lass s,-w xzy mor.nll_,rI Mr'rtlG'.xN:_:s ' bft, ARL1 WONUEliil1Tiea,dr.WO 14,7i,r: .vp�a,'xa3�rtrLLhw». yseleciing "PW #1prrmembers can a-,x,�s,7P� ■ cxe which branch loe'ation haLv rlae Ixem k�.V..6 w��r!.IUA'1 tWtZ' T Kxje.MF:alx4ELYenu4X1i0 iSSxlrl 'rYalurlm,nl'.Iks<^ piz nxr,P . • I Mobile Apps: The Grainger rnobile app includes inost of the carne great capabilitles as mentioned above on larainger.com as well as a few unique features for a mobille I workforce. Omnia members can use the Grainger app to find product, view and share product details, purchase product, approve requisitions, check order status and history, chat wlth an agent for help and much more. Grainger has apps for iphone, iPad and Android devices as well as a mobile optimized web page. In addition to the same great search features found on rainger.com, the Grainger mobile app includes barcode scanning, €tem number scanning, Woe search and location based lists to streamline purchasing of commonly used items- Users can also establish KeepStock Cil programs and scarf KS barcodes with the Gra€nger app, The Grainger mobile apps mance it easy for you to get the suppl€es you need while you are on the go. Work low Alanagementi Confrols: The City of Tucson and 0 M N I A Members are able to control and manage their workflow and spend management when registered and logged into Grainger,com. Grainger's order management system allows the member greater purchasing control and visibility through customizable and flexible spend management ! authorizations, The workflow controls described here are administered by the Individual Purchasing Entity- Grainger's online Order Management System allows Members to: • Establish an approval process for orders that exceed Member-specified dollar Iirnits get a budget for individual users on a per week, month or year and thea track the€r spend with reporting + Designate a specific users as default approvals • Apply spend limits & default approvers across multiple Users or groups of users + Arid notes to the order as it is sent for approval • Modify delivery and payment information on orders submitted for approval IT'?N67192163 The Gy of Tucson & OMNIA April I 1,2019 K-1ainten-ill ee,Repair And Optiration-, (YRO)Supplie6, Parts, Fquip„ient,A'1a=ials& 114 Related Set jms Page 597 of 1743 CITY OF TUCSON DEPARTMENT OF PR00UREMENT ��'J 1tiDMffMC7nM.amMMn REQUEST FOR PROPOSAL NO. 192183 255 W. ALAMEDA, 6TN FLOOR_TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER_JENN MYERS, CPPB Pk: (520) 837,4137!FAX: (520) 791-4735 • Add, remove or change item quantities on orders submitted for approval • Apply a payment mathod from your profile to a pen dirig order Set order approval roles based on Market Basket items Work Order Integration: Grainger also offers the ability to integrate Computerized Maintenance Management Systerrrs ( IAMS)/ Work Order syMerns with the purchasing process to allow for reconciliation of purchases to work orders. This type of integration aligns work order data to product orders and packing slips for streamlined revelving, and assigns product cost to the viork order for a full view of{project costs. Grainger has established full Integrations with some WIVISl ork order systems, which allow users to click out to a Grainger site for shopping. Other integrations have been I established enabling fiat file transfers to automate the reconciliation of work orders and purchases. Grainger's eCommerce Solutions Managers rsn assess current work order I and purchasing processes and streamline this process with the solutions mentioned above, b. Describe your invoicing process. Is electronic invoicing available? is summary # invoicing available? Are there other options on how an agency receives an invoice? Submit sample invoices. Yes, electronic invoicing is available as is summary involving. Grainger has multiple ways to ricelve an invcive including electronic invoicing: a Individual invoices per shipment ' • EDI invoicing . P,Oard invoicing E mail invoicing + Summary Billing { Please see Exhfbft 2 Sample invoice I Invoicing Process: Grainger uses our enterprise system (SAP) that allows us to selevt the type of billing the City of Tucson and OMNIA Members require, After the order is placed into our systern and the delivery process completed (picked up or shipped out), the invoicing process begins, j + Member is sent ars invoice nocording to the method required (emall, electronic, other) Email: Jnvoice is sent to the Member automatically to the identified email r addresses in the system I Electronic: Invoice is sent to the Member electronioally in cXML, Epi, xOJ3L. of flat file format. Grainger has a team of analysts to work with you through implementation and testing of these electronic invoicing formats and build in certain customizations to meet your needs, Electronic Invoicing allows your users to easily access invoice data within your.system for easier reconciliation and payment. TT-P N0. 792183 �•••�� w TW[..`C 01''FLI SOH &014'INI i— Apri1 1 l,2019 MaintwnjicF,ltopair And Operatious(\dRO) Suppiies,Ptjr[s, EL]uipment,MM jKJs fir, X15 Rdatud Services Page 598 of 1743 CITY OF TUC BON DEPARTMENT OF PROCUREMENT G" REQUEST FOR PROPOSAL NO. 7821 3 255 W ALAM EDA. BTH FLOOR, TU060N,AZ 85701 ?irePRINCIPAL CONTRACT 0FFICER'JENN MYERS. CPPB PH: (520) 637-41371 FAX: (520)7914735 Invoice and Packing $lips on Grainger.corn Omnia members have the ability to search order history and review invoices and Packing slips of alf Grainger orders onGrainger.(-,urn. This Fakes the reconciliation of pcard purchases much easier, Summary Invoicing: Summary Jnvofcing (Summary Billing) is available for the City of Tumi)n and OMNIA Bombers, Grainger's summary billing is an invoicing system that simpIifes Mernbers' procurement process while reducing internal costs. We will provide a single bill containing a periodic summary of purchasing activity (monthly, serni- monthly, or weekly). By receiving a summary gill rather than Individual invoices for each transaction, Members will have fewer pages to approve acrd fewer checks to write_ This reduction in procuFernent process steps will save you both time and money, If Members meats the requirements for rainger's Summary Billing program and I chooses to participate in this cost savings program, Bombers will decide; 1_ fvlanner in which biiI is sorted , Cycle ending day Summary Filling sorts and subtotals Individual invoices over a specified time. Members may select from more than twenty sortfng options. Each month, Members will receive a bill approximately one week after the selected cycle-end date. c. Describe how problems— such as a customer ordering a wrong product; a customer receiving a defective or vrrong product, etc.— are resolved. Each 2,000 Custorner Service Associate (CSA) has use of state-of the-art technology tool's needed to address inquiries and ensure the City of Tucson and OMNIA Member's I expectations are met. Grafnger's online system and network gives its government sellers and customer service representatives immediate online access to real time Member account information to help Members and provide information including, but not limited to: Status of orders (sh[pped or pending) as well as; * Backorder status • king Cin#racfi pr Category discounts Product avallability t_ . • Producf information ■ Account and billing questlons i • Contract compliance ` f ' + Technical product support ■ Cross referencing Specifically for product returns icor the following reasons: Wrong item shipped from Grainger (tern damaged when received Faulty defective item that has warranties { 1111'N0. 1 8210 � Talc ( ifs'ref l zcsor� 0114'1( Jl i April 11, 2019 1�I�7inCs;,rsncs=,kepkdr Aird OPML601151(l�:tltc�� 4upl�lies:Parts,FgUipincnt, me'rirrls & }76 Relwcd Services Page 599 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT +GRWNWR REQUEST FOR PROPOSAL NO, 997783 255 UV. ALAtifo4r DA, 6TH FLOOR.TUCSON,AZ 65701 PRINCIPAL CONTRACT 0FFICER'JENN MYERS, CPPB PH-(52 0) 83741371 FAX: (520)791-4735 1. The Member should calf Grainger Customer Care at 1-800-GRAIN ER (472- 4643) 2. Indicate if they would like a replacement product or a credit 3. Grainger takes responsibility for the return and will send a return label to the customer 4. At their convenience, the customer carefully packages the Item{s} and includes the packing slip 5, Prepaid shipping label is placed On feturn package 6. Member notifies UPS to pink up the return, 7. New product Is sent to the customer or their E�ocount is credited Steps for a Standard Return originally shipped to a customer for the following reasons: lncorrect Item ordered Ordered too many items No longer need or want The product may be shipped back to Grafriger or dropped off at any Grainger branch location, For a product shipment; 1, The !Member should tail Grainger Customer Gare at 1-800- RAINGER (472- 4643) . Package the stern{s} and include the packing slip 3. Write the reason for returning the product on your packing slip, If the paokcing slip is not available, please provide the purchase date, the original Invoice number and the item number foT the product 4. Indicate whether you would like a replacement product or a credit I 5. Ship the package to the nearest Grainger branch location d. Describe how your firm measures performance inoIudfng identification, calculation. i tracking and reporting of measurements, V+Vhat is your stock fill percentage rate, fay line item, of the orders fiJIed without backorders'? Grainger measures perform aInce In several wags: 1. On-time Deliverer 2. Product Accuracy 3. Fill Rate 4. Complete Shipment Bate S. Involce Accuracy Please note.,percentages presented below are actual City of Tucson ft'tee cs. On^T(me Delivery 195.62% On-time delivery is measured by the percent of"trackable" lines delivered by the customers epeoted delivery date, The State of AZ is positioned in proximity to Grainger's Los Angeles, DA distribution center (DC) that has the ability to prov[de next day delivery on most orders to most destination points within the state along with the city of Tucson. In addition to the Los I. Angeles, CA DO, Grainger operates a Dallas, TX bG that has the ability to provide 2 Rlrl'NO, 7971 8 The City of Tucson& 01-INIA Api-if 11,201 fw'Tai�ttenrllC , Repair And Operations(N]RO)Supplies, Parts,F,quipmoliI, Vateria.15& 117 ReIaLcd 5errices Page 600 of 1743 CITY OF TUCSON DEPARTMENT OF PROC UREMEW GRAINGER REQUEST FOR PROPOSAL NO. 7927+3$ 255 W. Al-AM EDA, 6TH FLOOR.TUCSON,AZ 85741 r PRIhI92163 GONTRACT OF F IC ER:JENN fvlYl:-RS, CPPB PH:(520) 837-41371 FAX: (520)791-4735 service day delivery on most orders to most destination points in AZ. Product Accuracy 1 99.23% Product accuracy is measured by the percerMt of lines Grainger t1fillod without post order correction Fill Rate 195.071% rainger's annuai average fill rate is in range of 95-97°l0. Grainger measures Fill Rate by tracking the percent of lines Grainger fa_dfilled "in ftiil" from available stock at time of order, EXAMPLE — A custornot, places ars order for 10 distinct items; one each. (3i-ginger f iffills 91110 Reins fl-oln Our Chicago D and the customerreceiv9s all 10 items tfae next business day, OUSfomar Fill Rate = 1009�, i invoice Accuracy 90.23% C Invoice accuracy is measured by the percent of lines Grainger correctly invoiced without post order correction e. If providing for retail location purchases, describe how agencies choosing to pick up products at a retail location will receive the correct contract pricing. The starting point for correct oontract pricing is the Member's account number to which pricing is linked, Prloing is linked at the rnooption of the City of Tucson and 0N1NIA $ contract for previously aligned Members and for any new Member requesting to participate on the City of Tucson and 0 M N I A contract, '. Grainger's pricing team will apply ooding to all account numbers (Iocaftns) for each 3 City of Tucson or 0r' NIA member within our company wide SAP Business Enterprise ? System. This coding will include pricing and freight terms, as well as tali contract terms and conditions unique to the City of Tucson and OMNIA agreement, f. Describe your process for identifying out of stock items and the options available to i ordering agencies, such as- request a back ordered item, requesting a substitute item and cancelling the item from the order. For items back ordered, Grainger utilizes several methods to notify the City of Tucson anti OMNIA Mornbers if an item is out of stack, depending on order method. For online orders, Members will have real time visibility to out of stock or discontinued items. I 'Y' IW Hutl lers�}'61o'ree,�o[Ct,iVa'nly��t+x. �` ;.' x.•*.a. o,ra 1 v y.SFJ�,5�.�,5��^•',x* :�' Y•� �e, ,s;r' M1 The CYjj of/'lkjc.'.srfn .-w y view+'tial-done Product u' :- .•� rr�+rrrifrrhi�i~1,yF o� ltl�P h1Q. 79165 . � Tlac city of"f uu;on .4e.{}N]NT µ ,Tri] 11,2019 10aintennnec, Rcpair And Opuratious (_Vujo) supplies,parks, Equilmient,matcrisls& aT 18 RoNted Sorvin,s Page 601 of 1743 CITY OF TUCSON DEPARTMENT OF PROOUREMENT ADFIMn REQUEST FOR PROPOSAL NO.192163 M n rr 255 W. ALAMEDA: 6TH FLOOR.TUCSON,AZ 65701 PRfNCJPAL CONTRACT OFFICER=JENN MYERS,CPPE PH: (52Q) 837-4137 i FAX: (520J 791-4738 For substitute items, Grainger.com functionality include$ a "comPa.re items" feature which provides a side by side cornparfson of available alternates for the MembOr's consideration, In all fnstano s, the decision to accept a substfWte product is safely that of the Member. Prokol Compare 4 ncli.nr Ir+ �p,ux Fir 1S Fen�+u kxr �1n.rrrxlln 4 n/rr.:ro hm Once p lM s rodueft have been kan r.:n'113i 11"n A�S�::r l[•Ih.idp35J ILM.ILyzp}'3 IUrr Y�k"NJ9 ?tAall 1. CpHpxx 8E F}�II +a7F� P4•LIFLI•r L'I NY'.CQJ,}{FEI:r/. f{i•b•iirJ �uN Im3urKitr NSIrx IYi,=.l selected for i ■ Fia7F'YUb,lf I�Yyyjlr-0Ly.rl;{ .11ik"i+.A3 L'�J. IIdIN#1{do-=F IIyyIAf.'it rLFkliff. !1+qL' M1l:n pit Lnil H'I {11I Id k2AItA .5TAN-54.15J,L M I f�]•i5 ifif 8Ei4 to an ! • ! L,p'N S. T`YiY%•., ]•�IR$ r'n1 Ylrgl syu,ar&. $. A+I}lli� CIi L}.�I'J.ILNjr! It=':a l7ny 5r.p+rw.�i l5,� 9aFn.r IYr:1Ian VOE'h ark: Li 1P El; Nrliorr, OW.c n�U-d&aiiq can be iminedfate- . P �r , ly F i determine $UbPUe 0 $Llaepkk $20. O ral Sr3,91 r� wpb Db_-p 1H_1fi1p,r _ _II 8�1,691r1 , it + -prod ,T-1 -El :'yr � a 11 l s I The City of Yucrion or +rbils'k1 .k[ a1dn;,YFI OMN1A Mom bers can !* _ ++ddauksl +Ad,is k1 prod uct or * v^' -- -out 6f stock'produ to arrIve. i if the Member places an order either via a branch or phone, the Member is immediately notified by a Custorner Service Associate ((;SAL) who will inform them of options for substitute or aftemate items, rainger's ERP system easily allows the CSA to search for available alternates for the (member to consider. Product information can also be emailed I or faxed to the City of Tucson or OMNIA Member to review, i i For faxed or ernafied orders, a GSA will notify the Member and inform thein of options for � SUbStitute er alternate items, Product information call be emailed or faxed to the Member, i For carrcefling an item on an order the City can utilize grainger.com click to chat, call our customer service agentsdbranchl ales representatives, ernail, or fax. i RPP NO.192163 — - ]'he City of'l icsan& C}111 ][ti Agri[ 11,2019 'vTainteiwncu. Rupair Ancl Op,,rmions(kMO)Supplic Parts,Lgirip�rLc it,N:TcLteriais!r ( 9 Rdalud Sorvi"s Page 602 of 1743 CITY OF TUCSON DEPARTMENT OF PROOUREM ENT cru GURIM. REQUEST FOR PROPOSAL NO. '192163 X55 V1, ALAMEDA: 6TH ROOK TUCSON,,AZ 55701 PRINCIPAL CONTRACT OFFICCR;JENN MYERS, CPPB PH: (520) a37-41371 FAX; (52D) 791-4735 5, OtherlftueAdld a. Describe any government rebate or government incentive programs applicable Grainger Incentive Program Gra ingar is committed to offering incentives and rebates to all aspects of Public Agency use. Below are the newly enhanced incentive programs being offered through this contract. Grainger prgvides incentNes to City of TucsOWOMN1A Members that: T} Affiliate tc this contract I i 2) purchase more than $250,000 annually under the Agreement ft m Grainger, 3) Grow purchases under the Agreement andlor 4) Purchase more than 50% of spend via a Grainger approved ecorrtrneroe channel These incentives are explained bolo . Administrative Fee on Spend of More than $260,000: Grainger wilt provide the City of Tucson/01%41\1IA mer tem that purchase more than $250,000 from Grainger in a contract year with a Direct Sales Administrative Fee ("D AF") of Two Percent (2%). s' The 2% fee Ghali be on all net annual spend by a Member. Incentive Growth: Grainger will provide the City of Tucson/OIVINIA Mernbsrs an incentive fee tied to annual incremental purchase growth. If the Member increases its net annual spend from Grainger, as compared to the previous contract year, Grainger i will pay a 5% fee on the incremental growth. eCommerce Incentive: Grainger will provide the City of 7uc orllOMNIA members that purchase more than a 50% of spend from Grainger through a Grainger approved ecommerce channel with a 2% scommerce incentive fee (ecommerce Incentive Fee) paid annually on all ecornmerce spend for the contract year, Reporting and Payment: Payment of the rebate, along with a supporting report,will be issued to Public Participating Agencies within 90 days of the close of the current contract year. Grainger will work with OM NIA Partners on the distrfbution of tete funds, i Net Annual Spend Defined: Net Annual Spend is calculated for the contract year and � is defined as the total invoice price of all contract year purchases Jess: 9. Refunds 2. Credits on returns 0. Discounts 4, The monies paid on any purchases pursuant to the Grainger Distributor Alliance Program RFP NO. 192163 The City of"fucKuit& C11411VLi —� April 11,20 19 Maintwllaiic--Ropair And OpBratons (N-1RO).9upplies,Pans, L-gUipnicnt.l�lareriajs &F121 lzc hitul Services Page 603 of 1743 CITY 0 TUG60N DEPARTI'�IENT of PROCUREMENT 111 �r REQUEST FOR PROPOSAL. NO. 782163 255 VV. ALAMEpA, GTN FL00R. TUCSON.AZ 85701 PRINCIPAL CONTRA GT OrFiCER:JGhIN MYERS: CPPB PH; (520) 837-4137 f FAX= (520)791-4735 b. Describe Prow your firm will meet the monthly usage reporting criteria_ SLIbmit a sample report. Grainger is capable of meeting all requirements for the monthly usage reporting. We will provide an electronic copy of a usage report upon request to the Agency Department of Procurement. The report will provides oornplete information on the Items prIrchased under this Contract. At a minimum for each Item sold; the report will Ilst the manufacturer name, moM number, part dumber, item descrlption, quantity sold and total spend by department, division and ordering entity. Please see Exhibit 3 Grainger Sample Item Purchase Report c. Please include any value-added services that have not been listed in the scope of work. Services could include, but not limited to, safety shoe program, additional inventory manngement, emergency preparedness services, safety glove programs etc. Grainger will support the 6ity of Tucson and OMNIA Members in achieving additional j cost savings and efficianries over the duration of the Contract by leveraging our years of experience In saving customers time and money. rainger's core value proposition is oentered on helping customers identify ways to "take costs out of their business," specifically in the areas of time, space and dollar savings. For ease of reviewing all services Grainger offers the City of Tucson and OMNIA Menfibers, Grainger has included all value-added services vaith the serviGes in section 1 �. er�rices. l RFP NO. 192163 Tho City of neson & 0M1FIA priJ 11,2019 ltepnif.dud OP01-aturns(TvfR.0) Supplies,PaL1s, EL]uipncnt,M(tterir,ls 122 ReJaL-cd Services Page 604 of 1743 CITY OF TUCSON, RI=P# 192163o MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, DARTS, EQUIPMENT, MATERIALS AND RELATED SERVICES Attachment B - Category Discounts Percentage Discount off ------ Category list price(%) Abrasives 7% Adhesives,Sealants, and Tape 7% Cleaning 229 Electrical 23% Electronics,Appliances, and Batteries 19% Fasteners 32% Fleet and Vehicle Maintenance 5 Furniture, Hospitatllty and Food Service 5% Mand Tools 14% Hardware 5% i 4 HVAC and Refrld ge ration 17 La b Supplies 7% Llghting 22% Lubrication 7% Material Handl'ing 15% Motors 19% j Office Supplies 5` Outdoor Equipment 12% Paint, Equipment and Supplies 10% Plumbing 20% Pneu mat[Cs 11% i Dower Tool's 11% Power Transm Isslon 19% Pumps 7% Safety 19% Security 15% Test Instruments 7% Weilding 10% (Other) HVAC; Fllters 40 (Other} Emergency Preparedness 199 Base DIscount 5 Page 605 of 1743 �.2Rmx iakyrxsx{. 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L 3 h�f�. .'N 3 r'1 ri -Y:i{ - „�' -,�'1 {.x ;I\ L} ;u 4 Sk:. r",+ € 3 •=1{F.- s1 5p � ar :�� :n��ri �_s�" t °� � 'y k� •s^�j.��:�`$��:;:F:ny �� r.}y�rx��s� rx}�'• �^� `rk 3n� 3x �a`saY^u_l, r. t W yiEty 2 ` fry +G _ ' .;e = satu'�c s yx5-,. y�.,ky.�„ .,� ., „x., �tvvr! k2G v ry r v.d?I:l F i .. .it n ...I F' Y 1 V 9 3 s T'F.R R..^ti ..., ..=f[ :; P.:1. ^Fr F.`l � 7 P P.:1 f H?7 r:1 o:l F. v ry r�.R`]�� :J a=.N Page 651 of 1743 CITY OF TUCSON DEPARTMENT OF PROCU RFz[Vl%T �1� REQUEST FOR PROPOSAL_NO. 182163 255 W. ALA MEDA. 6TH FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH:(520) 837-4137 J FARC' (520)791-4735 B, Price Proposal 'I. Provide a price proposal as requested on the Attachment B— Price Page. Grainger has completed Attachment 13 — Price Page. Core Lists a. fvlarket Basket— Provides for the deepest discounts, as listed on the category discount sheet, on a variety of products to agencies nationwide. Products in this list � represent the largest annual spend in terms of dollars aridlor highest volurne in terms of quantity. Pricing for Market Basket items shall be provided to all I Participating Agencies_ Pricing for the Market Basket will be provided to all Participating Agencies. b. Functional Afternativas — Provide items which can be substitutes for the corresponding items on the Market Basket which might provide better value but meet the same need. Items in the Functional Alternatives section of the price page will be evaluated as value-add items for the National Program, Pricing for Functional Alternatives shall be provided to all participating agencies. All fLnctional alternates will be provided to all Participating Agencies, i. Using Attachment 13, Price Page, complete the columns specified resulting in the proposed discount and net contract price for items offered nationally, i Grainger has completed Attachment B, proposed discount and net contras# price for items offamd nationally. ii_ Using Attachment B, Price Page, complete the Category Discount page listing the percentage off discount price for each category provided. Grainger has completed Attachment B category discount page. i iii. How often does the Offeror propose to updata this list? Are there certain products ; that should be updated more frequently than others? Grainger proposes to update the market basket on an annual basis per contract year. Upon mutual approval of both parties; this market basket will be active for the full 12 months of the next contract year, and Grainger will not increase the Market Basket pricing for these items during the contract year. In the event a Member Core List Item is discontinued, the parties will find a mutually agreeable replacement product and add such replacement item to the Member Gore Ust. b. Customized Gore List by Agency, individual local and state departments, and regional care lists, In addition to the National Core List, Offerors may provide customized core lists to agencies, i. Describe Offeror's ability to provide customized core lists to agencies; In addition to the Grainger Market Basket (Attachment B), we offer the ability for each { 1C1P N0.192163 '1'Jrc C'iA'of Tucson Sk,�14t)YJ,� April 1]-. 20 E 9 Mahitenance,Repair And l wr;jti{}ns (MRO).9uppIics, Pails,Lquipment,l-bMi ttals�c 126 Related Services Page 652 of 1743 GRAMER CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL,NO. 192783 255 W. ALAMEDA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER'JENN MYERS, CPPB PH; (520) 837-4137 1 FAX- (520)791-4735 agency to create a custom market basket. To drive additional cost savings while enhancing procurement stability, agencies can select a custom market basket consisting of products the individual agency most frequently procures. The Grainger Sales team will work with Agencies seeking to consolidate, stvndardize and to identify a product list and price, ii. The number of items Offeror proposes to provide on a customized core list; Grainger offers the ability for each agency to create a custom market basket unique to individual agency's needs which oannot be specific to a nurn ber of Items. iii. How often does the Offeror propose to update customized core lists; Grainger proposes to update the custom list on an annual basis per contract year, Upon mutual approval of both parties this custom list will be active for the full 12 months of the next contract year. Grainger reserves the right to adjust pricing to reflect markot conditions. These adjustments may include unforeseen significant increases in supplier's costs resulting fron) changes In laws or regulations, imposltions of tariffs, currency fluctuations, Increases In commodity prices, or ether changes in conditions not reasonably foreseeable to Grainger, iv. Describe any agency size or volume limitations. There are no agency size or volume limitations to receive a customized core list. o. Catalog Pricing., Provide pricing for products not included in items 1.a. and 1.b. above, i, describe how you will price catalog items that are not listed on the x Market Basked list. That is, by product category, sub-product category, manufacturer, etc. Category Discounts: Our offer encompasses significant discounting across 32 MRO categories. These category discounts are applied to Grainger's Contract Reference l Price (CRP). Introduced in 2017, CRIB is the product pricing Basis for contact customers. ORP is market-based and lower than our historic List Price and thud males more products attractively priced and simplifies the purchasing process. ORP is stable and only subject to change three times per year, Because CRF' is lower than Grainger-$ prior list Price, Contract category discounts are also lower. It is therefore important to compare the "final' product prices, as a lamer discount percentage offered by a competitor may not yield a lower final product price. For City of Tucson and 01VINIA Members, CRP is found on Grainger,com when Members log into their account. The CRP at the time of purchase will be the prig to which any contract discounts will be applied. The offered category discounts are fixed through the life of the contract across 32 MRO categories. Grainger Product soy,rciIng: The City of Tucson and Participating Public Agencies are able to purchase through Grainger's Sourcing arm, which reaches out toGrainger's network of non-catalog suppliers to provide access to over five million additional { products and services. The pricing and discounts set forth above do not apply to items 717.1'NO. 482783 The City of Tucson &(314'TJy�� .April 1:1, 2019 7vTainten;ince,Repair:-end Clperatinns(1 0) Supplies,Parts,F,giiipinent, ata Js c+C 127 Rclatr..rl Services Page 653 of 1743 CITY OF TUCS ON D EPARTNI E HT 0 F PROCUREME=NT �f n' REQUEST FOR PROPOSAL NO. 982163 258 W. ALA MEDA. BT FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER'JENN MYERS, CPPB PH; (520) 837.41371 FAX- (620)791-4735 purchased through rainger's Sourcing arm. Pricing will be quoted on a case-by-case basis. Grainger Sourcing Terms and Conditions apply to any Sourced purchases- The pricing model for sourced 'Products is based on current market conditions and is competitive for spot buy situations on a per order basis. Please see Exhibit 10 Grainger's Sourced Product Terms and Conditions, ii. Disclose the number of items in each product category and in the catalog JIM Adhesives, 5o iIants, and Tape 7.430 ---- -- - - - .._..- — -- -- ----------— -- - - — ... - -- } Cleanin 1 ,b12' . Electrical ryryryA61.900µy_ ! El ctfcnits;Ap I ances,_and 1Batteri8s,j__ _8,OD9.-- _ �_ yy_ Fasteners 86,70_1 ------ Y-' -_ „.�la�tart�.V�hlcle.Nlainteriance . .. ..�.�.653v..,... Furniture,Hospitality and Fa_od Service 21,751 ...,.,,.,.� .w Tools. 35; 41--:--- ---- `-- -- T_ _, rev Y_k �.r Hardwaro 40,255 - --------- -HVAC a nd'Refeigeration.. Lab Supplies 70,035 _ - - my -� -----------.-------- ----;Lighting.. Lubricatfon 4,399 Material Hant�lir�g,+ 87' - - ----- - ---- -- - l Motors 11,571) .r, --- -� -- - ---_ Cfflct5up.plles�. . ---.1�1;4p .---- ' .�,..,..,... r.,,m,..��m.,....m^'•Outdoor equipment _^_� 8.7,68HT�~.. ' Paint E �ripmer�iuand 5u�plie .° ry'53,404 ry_-- _Plum_bin_g 56,416 w w w Pneumatics' 9,55 :. :. PoworTools 1 29,215 PoweC.Transrnlss�an :': 36,070 . Pumps 12,216 Safety. : .. 181,849 Security _ 56,434 .- YTestlnsiruments �12;710 --- I Welding _ 11.,394 • _ M3ohining 247,451 k Emergency Preparedness 2,368 - --------------------- i RF P NO. 182763 The City of 7Waou o14XNKi April 11, 2019 Vaintenance,Repair Asad Operations(N-aO) Supplies,Nils,7'7quipmentA-1a#erials & 124 Rclatied Sarvic�s Page 654 of 1743 CITY QF TUCSON 0EPARTMENT OF PROCUREMENT GR I rYrrR� REQUEST FOR PROPOSAL NO. 192163 255 W.ALAMEDA, 6TH FLOOR. TUCSON,AZ 85701 PRINCIPAL CONTRACTOFFiCER,JENN MYE RS, CPPB PH: (520) r. 837-41371 FAX: (520)791-4735 l d. Seasonal or Special Pricing: Describe any programs offered to promote special pricing to Participating Agencies. rainger is offering, at a minimum, a custom core list per Participating Public Agency. This list will allow our dedicated sales staff to work directly with each Participating P4iblic Agency to determine special pricing on specific items which may include seasonal products, . Describe how services proposed will be priced, Grainger will price services at 5% off the Contract Reference Price (CRP) as reflected on wvew.grainger.com at time of transaction ("CRP"). As Grainger adds new services to E vvvevv.graingeF.com and that service has a (CRP), Grainger will offer those services at 50 off the CRP. Grainger will advise the Clty of Tucson of any new services to be made available under � the Master Agreement by providing an email to the Contract Administrator and describing the 1 new service(s). These services will be included as part of the Master Agreement and no written t amendment is necessary to include them under the Master Agreement- 3. The City's expectation is that the proposed pricing shall include delivery to Tucson and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in viral areas. Propose an optimal solution(s) that would provide Participating Public Agenoies with the best pricing including freight costs. Grainger's offer for the City of Tucson and OM NIA includes standard pre-paid freight for all catalog orders to all Agencies residing in large metropolitan areas and residing in rural areas. 4. Propose a plan to adjust pricing as market conditions change. The plan must be verifiable and auditable. Identify calculation.formula, components,index, etc. As stated above in the Price Proposal Section the National Core List net prlces will be held firm for 12 months from the contract award date ("Contract Year"}- In the event a Core List item is discontinued, the parties will find a mutually agreeable replacement item and add such replacement item to the Core List. Grainger will review the Core List items on an annual basis to assure continued customization and relevance. This data will be based on the information accumulated throughout the terra of the contract. A review of this data is critical to ensure that the City of Tucson and Participating Public Agencies continue to receive the mast significant savings ori the items they purchase the most. As stated above in the Price Proposal Section Member Core List individual net prices will be held firm from the date of the Member Core List implementation through the balance of the applicable Contract Year. As purchasing tendencies, market conditions or OMNIA Member habits change over the contract term Grainger will work with the OMNIA Member to update the Member Core List items to reflect those changes. Thereafter, the updated Member Core List items' net prices will be held firm through the applicable Contract Year. As stated above in the Price Proposal Section products not in the National Core List or in the Customized Care List, Category Discounts will apply to the www-grainger,com Contract Reference Price {CRF'} at time of transaction ("CRP'), The CRP may change three times annually, generally on January 1, May 1 and August 1 ("Adjustment Dates') and prices for R75 NO. 192163 The C'iiv of Tucson & OMNIA April 11, 2019 NhLinCi3lLHODU,Rcpair And Operafions(MRO) SUPPIics, Part",EL]uipm�-,n L.Material8 & 129 Belated Scrvicus Page 655 of 1743 CITY OF TUCSON DEPARTI'�IENT OF PROCUREMENT " �' REQUEST FOR PROPOSAL N0. 193963 JlJf 255 VV. ALA MEDA. 6TH FLOOR, TUCSON,AZ&5701 PRINCIPAL CONTRACTOFFICER;JENN MY ERS,CPPB PH' (520) 837-41371 FAX; (520)791-4735 products priced with a Category Piscaunf may increase or decrease as a result. Due to the wide variety of products and the number of products available in Grainger's catalog and Web site: and the raw iylaterials used in those products, Grainger does not utilize the Consumer Price I rtdex (CPI) as it does not perform with the specificity needed to address price increases. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. rainger°s prices for items sold to Buyer will not exceed the price for the same or similar items sold to other government customers for the same of slrnilar quantities of product in a similar product mix, under the same or similar terms and conditions. Baeyer acknowledges, however, that due to the vast numbers of items sold by Seller and Seller's extensive mistomer base, as well as the different ways customer s structure requests for proposals and bids, Grainger cannot assure Buyer that items sold to other customers for products won't be sold at a better price or discount. Even within the Master Agreement, since Grainger will provide Custornized Market Baskets as noted in 1.b. above, 01VINIA Participating Agencies will receive different € prloing and discounts on products. This is also true for other customers. x 6. Provide details of and propose additional discounts for volume orders, special t manufacturers offers, minimum order quantity, free goods program, total annual spend, etc. Customer Specific Pricing (CSP) – In addition to the Core List Program, Grainger will offer additional competitive discounts and pricing in those cases where the City of Tucson and/or Participating Public Agencies make high volume andfor repetitive product purchases, { 7. Provide information on any ordering methods ^ such as electronic ordering or payment via p and or EFT – or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If sa, please provide the percentage discount. There is no further product discount than the Nat ienal Co re list, custornized core list, category discount off of published CRP price or base CRP discount. S. Prov i d e you r payment terms. Grainger°s payment terms are NET- 30. 9. As stated in the Instructions to Offerors, 7. Discounts, the prices} herein can be discounted by i NA %; if payment is made within days. These payment terms shall apply to all purchases and to all payment methods. 10. Will payment be accepted via commercial credit card's Yes No a. If yes, can commercial payment(s) be made online?_4 Yes—No b. VVIII a third party be processing the commercial credit card payments}'? Yes No c. If yes, indicate the flat fee per transaction NA (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules). d. If"no" to above; will consideration be given to accept the card?_qYes No RPP N0.192163 The City of Tacsoa &0 N1N 1. April 11,2019 majnwnanco,Repair And Upon,don 4(M RO) SuppIics, P41-t�5 Egtdl)munt,N-faterials & Rela(ed 5orvices Page 656 of 1743 CITY OF TUCSON DEPARTMENT QF PROCUREMENT a f�' REQUEST FOR PROPOSAL NO.192163 255 W. ALAMEDA,6TH FLOOR. TUCSOhl.AZ 85701 PRINCIPAL CONTRACT OFFICER;JENN MYERS, CPPB PH' (520) 837-4137.1 FAX; (520)791-4735 11.Does}your firm have a City of 7ucson Business License?--�--1'es No If yes, pfease provide a copy of your City of Tucson Business license. Please see Exhibit 8Grainger',-; City of Tucson Business License. i i I i I I i I I I i 0 7N30782768 �.� -- - Y 'FINa City of Tucson & (0147Vly4M..�» April 11, 2019 Mailitimanm, Rcpair And Operation (MR 0)SuppIius, Parts,Equipmualt,11--Ta#eri3E5& 231 Relnkd S,,rvi�x Page 657 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT (UNNGIR REQUEST FOR PROPOSAL NO. 792163 �uxoa�oam�r 255 W. ALAM EDA,6TH FLOOR, TUCSON,AZ 85701 PRINCIPAL 00NTRACT OFFICEIR;JFNN MYERS, CPPB PH; (520) 837.41371 FA}(_ (520)791-4735 C. Qualifications and Experience 1, Provide a brief history and description of your company. W.W. Grainger, Inc., founded in 1927, was incorporated in the State of Illinois in 1928. Grainger is a publicly held Fortune 500 company with shares traded on the New York Stock Exchange (NYSE), Grainger is the leading North American provider of maintenance, repair and operating (MRD) supplies. Grainger's capabilities include, • A strategic US distribution network of 250 branches and 14,distribution oenters. • An extensive product line of more than 1.7 million products and over $1.3 billion of on- hand inventory + 950 of customers receive next day product delivery; 99,6% of in-stock orders are shipped within 24. hours. 6 Proven experience In negotiating and implementing multl-state, complex. nationwide contracts, Grainger's investment in eoeptional service, value-added programs, eProcurernent solutions; KeepStockO inventory management solutions, a technology driven supply chain and physioal presence throughout the US enables commercial, government and institutional customers to keep their people safe and facilities well-maintainad. Grainger is the incumbent provider of I IRD products and services to the City of Tucson I 01VINIA Partners. We remain oommitted to providing a contract of scope and scale Meeting i s every MRO requirement at a competitive value to government ageno€es across the U.S. i 2. Provide a statement of your annual sales for the past 3 years. 1 W.W. Grainger Annual sales: 2018: $11, 200,000 12017, $10,424,858,000 [ 2016: 1 10,137,204,000 � 3. Highlight experience and strong national presence in the MRD industry. Grainger Molds an advantaged position with its supply drain Infrastructure, broad in-stock product offer€ng and deep customer relationsh€ps. Grainger helps government agencies, businesses, and institutions across the US to keep their operat€ons running and their people safe. Customer's across these sectors want highly tailored solutions with real-time access to information and just-in-time delivery of products and services. Demands for transparency are also increasing as access to information expands. These changes are reflected in hour U customers carry out responsibilities in the US and how Grainger directs Its investment throughout the U , US customers continue to migrate to web and electronic platforms such as EDI, eProcurement and } eeptock& Grainger.corn provides real-time price and product availability, detailed product information and features such as product search and compare capabilities. For customers with sophisticated electronic purchasing platforms, Grainger's U5 business utilizes technology that allows these systerns to communicate directly with rainger,com. The U5 business has an outside and Inside sales force to help customers select the right products for their needs and reduce costs by utilizing Grainger as a consistent source of supply. Inventory RF P NO. 182763 W. .. - - - - llhe City of Tucsoll cue t1NINL-i — April 11, 2019 NTaintcnai3tt, Rclaair And Operatiuns(MRO) SuP111i34, PHI-15,Ugiupnhcni, Matuid.,; & 133 Related Sevvices Page 658 of 1743 CITY OF TUC 60N DEPARTIVIENT OF PROCURENIENT ej1d=zMCMMM7flEMX1 REQUEST FOR PROPOSAL NO.192163 255 VV. ALAMEDA. 6TH FLOOR, TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER'JENN MYERS, CPPS PH-(520) {; 837-41371 FAX' (520)791-4735 management is another area where the US business helps customers be more productive- Through its technology driven distrlbUtiOn centers, Grainger ships most orders complete with next-day delivery and replenish branches that provide same-day availability. Branches in the US serve the Immediate deeds of customers in their local markets by allowing them to directly pick lip items. Branches also allow customers to leverage branoh staff fDr their technical product expertise and search-and-select support- Grainger's US contact center network handles about'!3,000 customer interactions per day including approximately 24,000 orders via phone,email and chat. In the government sector. Grainger understands the values and processes associated with public procurement, Grainger's Sales Tearn is specifically dedicated to and focused on government agencies, We understand the budgetary processes that agencies rely on and the competitive and transparency requirements related to acquiring goods and services. We align the compliance strictures of the sector with delivering MRO products and services across the wide span of governmental responsibilities to agencies small and large. With Greinger's experience and relationship with suppliers, we remain a steadfast partner in delivering expeditious response and proven reliability in emergencies. In any emergency, large or small, 1 our pricing and services remain as provided in the contract j Grainger's history with the City of Tucson and OMNIA reflects a relationship of devoted � partnership, Our experience under the otlrrent agreement shapes much of how we structure offers in the public sector- We embrace the opportuMy to continue to serve City of TLICSOn and OMNIA members while expanding the customer base. r i 4. Provide the total number and location of sales persons employed by your firm. Grainger's total sales persons in the US are 3,800. Of those, 664 areGrainger's dedicated Government inside arid outside sales staff- The gable below presents Grainger's Government t sellers by state. 1 r ;SllaCb*,<�lf,'GJ{ �M1 '}'f`} ±+•1! Cy;�k:•1�-Jt'1'. . .iF}�•� � C\rrt!J.\�-.:4.,.-.f - a Alobnnle4vilrsir�7u� $ Oh,a i 4 ...-.. ..... .... .. ..... ..... —7. _..._................... ... .....-. .......-... ,..,. p.la�ls� 2 f41air3� � .�klcrlxornp �' Adznna IS r4lerryland 15 Oregon 4 lariv�it�sris� � � rolE�syachuseits 8 PcFaTrs Iwonio 1G � alltoFn6& ?1 h1rCi14g F1 io Rmcle,Wand 3 { t alorogn 1'2 Onno;ota. Saul aroli�a 7 onmm�llaut l m6T #a11 lssippl^ 2 South pakoia 2 �elevYar�e 3 . Miesburi r t0 ienrie�se 9t rlorlrla 92 Moisinna 1 T*xas C2 � mrgla 1"1 ML410s, : � $ tt#rh 7 Movaiii it Revada 4 Vimllant 1 I vmA I hmnshlrig .'3 vlrAfni�i 985 Illlna:o ---- A Ney.r,Iersey � 15 Washhglai x 15 i idimnaW .4 Nay,'ts�axlrx,� �ds_ Vgol WWI Na Iowa 9 NoyvYork 41 %Msconslrl 13 rCaiL'�f N4rtli 00 ruT is 115 Wy"Irig 8 FCBnIU��y 4 NIJ QLA El i p;5trirftW1 S. Number and.location of supperf centers (if applicable), RUP NO. 192163 The Citi'of Tu¢&nn &OMNIA April 11,2.0]9 Ndaimenmoe.repair Ancl Operaaons (_N11W) Supplies,Paris,Lgiiipment hinloria.Is& 134 Related Ser4'ices Page 659 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT rar�r REQUEST FOR PROPOSAL. NO. 192163 255 W. ALAMEDA, 6TH FLGOR,TUCSON,AZ 85TO1 PRINCIPAL CONTRACT OFFICER:JENN MYERS,GPPI3 PH: (520) 837-41371 FAX' (620)791-4735 Grainger's strategic branch network includes 2-50 branches geographically located to provide support to our customers. Please see Exhibit ? Grainger Branch and DC Locations, for a detailed listing of Grainger branches. Additionally, end users can find the closest branch by inputting their address on Gmlinger.com_ Grainger has three customer contact centers with over 2,000 Customer Support Associates located in Janesville, WI; Waterloo, IA; and Phoenix; AZ. Grainger contact centers are available 24 hours a stay, 7 days a week to assist our customers through phone, chat and email. 6. Describe tha qualifications of your sales personnel and technicians, Sales Personnel [ Grainger's team of 564 dedicated government sellers is located throughout all 50 states and provides full geographic coverage of all state and local government membem. They are specifically trained to manage government contracts and customers. All Grainger's sellers participate in Public Sector training and are required to cortRy annually their Government: Compliance Tralning and Grainger's Code of Ethics. Other training incudes procurement Integrity and industry specific training to understand the challenges of the Public Sector customers. Across all Grainger disciplines Is an understanding and commitment to how government agencles purchase goods and services, haw agencies are funded and the compliance and transparency responsibilities that accompany the sector. Technicians I Grainger's Field Safety Specialists bring in-field education, experience and expertise to help customers address a wide range of safety and health questions and issues ' assisting with injury reduction, compliance improvement, risk assessment, and productivity � improvements. i { Our teams' Primary accreditatlons conferred by the Board of Certified Safety Professionals i include: 3 • Certified Safety Professional (CSP) { • Associate Safety Professional (ASP) a Safety Trained Supervisor{STS} Secondary affiliations and designations inciude- Qualified .Safety Sales Professional Certification (0 SP, conferred by the International Safety Equipment Association (IEA)) Hazard Analysis & 0ritioal Control Points {HACCP, Food Safety Certification} • 06 IIA-30 hour and 0 S HA-10 hour 08HA 506 and 501 (General Industry and Construction Industry Trainers) Numerous Supplier and Manufacturer Training Grainger onsite Team Member's are qualified in 1nvantory rnanagement techniques, ordering processes, customer communications, inventory analytics,the breadth of Grainger product and service offerings. Regularly scheduled Onsite Team Msrnbers ars available to help manage inventory and providing custornized, knowledgeable support including unanticipated needs. Grainger's Technical Product Support Team is a Tier 2 customer service group dedicated to helping customers identify the right product for their application, troubleshoot issues, and Wei' NO. 192163--- — ---� `)['lac City of Tucson &.c7NJNTA April I L. 2019 M4 ii tiL-aialkc,,Repair And Uporations (R1Lt0) SuppJtes,FaLgs,Equipment,Materials& 135 Ril3ted Services Page 660 of 1743 CITY OF TUCSON DEPARTMw NT OF PROCUREMENT rir+ A REQUEST FOR PROPOSAL NO, 782163 255 Vv, ALAMEDA, 6TH FLOOR,TUCSON,AZ 86701 PRINCIPAL CONTRACT 0FFICER:JENN MYERS, CPPB PH: (520) f' 837-41371 FARC. (520) 79-1-4735 provide expert advice and kriowledge. Our team members have over 1000 years of combined hand on experience in their respective fields, irrclt.lding: Master Electrioinns. HVAC Service, Master Plumbers, Certified Safety Courdlnators, Foundry Shop Foremen, Technical School instructors, City Maintenance foremen, Manufacturing Assembly, Pneumatics specialists and Pump Sales Engineers. 7. Provide a listing of key personnel who may be assigned to the City's contract- €nclude their title within your organization and the description of the type of work they may perform. Please identify an executive corporate sponsor who will be responsible for the overall management of the awarded Master Agreement. Grainger has established a frarnework to address the City of Tucson and OMNIA contract management, Inquiries are addressed initially by the Member-aligned Grainger seller who i engages necessary rasoLrrces to address customer inquiries. If any matter cannot be resolved by rainger's aligned Member seller, the seller will engage their immediate supervisor and i escalate the matter to Grainger leadership until the issue is resolved, Key Personnel for the City and OMNIA's contract are listed holow: Role - - 1 Executive Gorpomte Sponsor Benjamin Nichols 1 VP, Government The hlgheSt level of authority for the success of Gra inger's government contracts. Regional Sales dice President, a Tim Sweat West Western Region Sellers allgned to Tucson r................................... ----- ---- -.-.....,..,,..,-. Kellyrub Regional Sales Aire Pfesident, South GQMrai Region Sellers aligned to I ` South-Central David Joyce F Regional Sales Vice President, I Northeast Region Sellers aligned to� Northeast Tucson indi Evers DA gicnal dales Vice Presidcrkt, DA DA.Partners Nationally Partners ...................- -- ------ ,-......-,..:..-.----...----- - - ,,,,.,, Regional Sales Vice President Prim Oversight to Sr. vernmert Mark Snead Primary Oversi Government- COOPS Sales Ma !a er to ensure contract success Ron Price Sr, averrtrnent les a Prima dedicated Point of Contact for the ➢ Hager E .-------- ......................--:_.-.v...- ---- Responsible for day-today support of the I I Angela Hoaf�r GovernmentAcco�rnt Manager City's agencies. Dan Mueller Gonlract Life Cycle Manger ----- -Respims1ble to maln#a�n the contract over the life of the contract - -----......................:.....................- ---- --._....,.,...,,.,......-.-....-... --........., ..... ... .... - -----..-........ is Partner with Contracted Customers to Kendra Mormarl r Customer Enablement enable the changes needed, in both � organizations, to meet the goals and ` objectives of Coritracts and AgreerrrenlN Yxw„ Provide Marketing supporttotheCItyDf Raquel Gass Marketing Tucson and OMNIA Member's program; Create collateral to market the City's and ........... 1 NW6 program. RFP NO, 782765 The City of Tucson &1)11.11 "1 1.4 ApAJ 11, 2019 Mrrin#eirancc, Rcpair And Operations(MRO) Supplies: Parts,Equipment, Matcriai, Jab Relatm SerViccw Page 661 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT 1��+� REQUEST FOR PROPOSAL NO. 192163 r�r 255 W. ALAMGDA- 6TH FLOOR, TUCSON,AZ 65701 PRINCIPAl- CONTRACT OFFICERJENN MYERS: CPPB PW; (520) 837-4137;FA : (520)791-4735 S_ Summarize your experience in providing product and services similar to#hat outlined in the Scope of WcV rk, Provide a minimum of three references for which you have provided similar products and;services. References from other public agencies, particularly municipal governments, are preferred. Please include company name,address, phone, email, and contact person. f * +t putson Information lip City and 201 Wl CasfaxAve., l.ar�ce Jay (7 0) �3 &.2 I15! 1 County DontDept. . COChief Procurement 0frtc�r Lang.$ dsm ea ov.or l of 172r�+Fer I pr�h5lef, C �020� � Y � �! I 2 .rwshua Noel County 4640 F. Kfn a Cnnycah of rows) Rresho,CA 93702 5ui�etn lsore�rlces f nve� }Fresnac�u l#ywa,�cw Saoramanto Collri s co., ,m 000 Loolopy L 1p, Craigg Rader (916) B M362. Prcnesinc aciarnento, CA 95527 purchasing TWO,c Sac ounty.nat $9iViCCh niv�} 9. Please submit any additianal information that you feel is applicsNe to your qualifications and experience, At Grainger, we are citizens of the communities where vie work and live. Mithin the 04 of Tucson metropolitan area, we assisted the American lied Cress in installing home fire alarms, supported training initiatives of the Tucson Fire Foundation, provided scholarship opportunities for the SunnysIde School District Foundation and Pima Community College, Through the Grainger Tools for Tomorrow program, we support individLlal students in their technical training. Grainger employees assist the Boys and Girls Club - Jibs and Vicki Club House, the Special Olympics of Tuoson, the CommUnity Food Band, Meals for "'heels and Jobpath programs addiressing child care and transportation for those in need. Grainger employees volunteer to Treasure for Teachers, We retain Tucson area businesses to meet the current agreement's requirements and to assist us in maintaining Grainger facilities and running our business. Our commitment in Tucson is replicated in communities nationwide, In presenting our most oomprehensive competi#ave offer to date, Grainger aims to maintain the City of Tucson's and OMNIA's trust by fulfilling effectively the evolving requirements of the public sector while expanding the customer Case of those who can benefit by it. Grainger values the opportunities the City of Tucson and OMNIA have afforded us. We will work to maintain and grow the trust by working each day to remain a faithful partner in all circumstances, the ordinary or emergent. { RFT'NO.192163 The city or"rucson & O NIA ��»�•~ Aprif 11,2019 MoinLcntmcc, Repair And OpFraliions(N-IRO) Supplies,Yarn, Equipment;Maltrials& 137 RkAa cd Ser%'iaes Page 662 of 1743 GR &R CITY OF TUCSON I.7EPARTMENT0F PROM REM ENT r+ 1�I� REQUEST FOR PROPOSAL,NO. 192163 255 VV, ALAMEDA.6TH FLOOR, TUCSON,AZ 85701 PRINCJPAA CONTNAOT0FFICER-JENN MYERS, CPPB PH; (520) 637.41371 FAK (620)781-4735 Grainger has been the recipient of the fofJowing awards over the past 2 dears: FORTUNE 2019 WHO fS MO • f=ortune Most Admired Companies: #1 in Diversified Wholesalers � � E ski, .ingef as consecutive � 0 Caaingea was ranked nth on E3arron's list of the most sustainable U.S. companies. 2018 1b43FtGEF , F1dJ6Lf:!} • 01 on Industrial Distribution's 2018 Big 50 List (ranks the top NO* ten distributors of industrial products III North America) • Fortunes 2018 World's Most Admired Compa hies 51" consecutive year I * 2018 Jest Place to Work for Millennials by The Warner's Choice Award * One of the DEI "Best Maces to Work for Disability Inclusion" (press release) ■ Best Place to Work for LCI3TQ Equality by the Human Rights Campaign Foundation (press release) • Black Enterprise's 2018 List of Top Executives in Corporate Diversit x • Ranked 10th in the Internet Retailer 2018 Top 500 Guide 2017 i Fortune Most Admired Dompanles. #1 in Diversified Wholesalers * IARC Corporate Equality Index 4" consecutive year l ` • North Amerio2a Dow Janes Sustainability Index Recognition # #17 on HR Executive Magazine's Mast Admired in I"IR List �'�fOME-N's C1 A2t1111 AWA IkV �s stc:ok�inn�tt �xaG i:toted 2017 Executive Leadership Council Ambassador Company • Newsweek.com Top Green Companies in the US 2017 M rirmnrrni.s • Gest Place to Work for LOBT Equality by the Humaii Rights Campaign Foundation (4th Year in a row) # * CDP Score of A- 3 years in a row reoognitlon * ETE400d Member Company j * 2017 Dfsabiiity Equality Index recognition * Beat Places to Work for Disability Inclusion - American Association of People with Disabilities •FSE o d • Ranked 11th in the Internet Retailer 2017 Top 500 Guide RFP No, 192163 W' w .. W« ...��.. Tht-City ofTX,cson& 6-MKT—A, April 11,2019 NTaintenance,Rop air:'end Operationx (%4R0) 81,pplius, farts,r,gjiipnrejlt, Matel'i;�ls Sc 1.38 Related 5s;rvice,; Page 663 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAS' REQUEST FOR PROPOSAL NO. 782163 65 IN, ALAMEDA, BT FLOOR,TLJC ON.AZ 85701 FRINCIPAL CONTRACT OFFICER JENN MYERS, CPPB PH' (520) 837.41371 FAX; (520)791-4735 I FOR Please see the following attachments in this section: 1 . Grainger Sourcing Capabilities . Grainger.corn Overview — Get More Done 3. Grainger,com — Order Management Solution 4. Grainger eRrocurement Offerings 5, rainger's Energy, Facility and Safety Services ! . Grainger Safety Services and Assessments 7. Grainger Keep tock Inventory Management Solutions 8. Grainger Managed MRO 9. 4 eepStock Vending Overview 10, Grainger Customer Managed Inventory Overview 11, Case Study' University Keep tock Onsite Saves $355,000 Annually 12.. Grainger Supplier Diversity 13. Grainer 2018 Corporate Responsibility Report 14. Energy Efficient Lighting Solutions f 15, University Case Study: HVAC Energy Savings $1.8M Annually ! 16, Grainger Energy Services 17. Grainger Technical Skill Training 18. Safety Services Network Training 19. Grainger Safety`I-ralning and Services I L RFP NO. 192163 The City of Tucwn & OMN[ April 11, 20 14 Niaintenunce, Relmgji-.end Operations(MECO) Supplies-. Ports, Equiprnernt, Matt-rials &. Related' age 664 of 1743 unn C P'T.".',F.-IND: ARE -A'N. . .LKINA.,. - .. -4�K: u i m ... 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Groinger,Jn:. Page 666 of 1743 } M1M1 GET MORE DO NE YOUR WAY -0 Ili G9,41 -ul G a slsx n I Ilgo-,v sr., t , +,•FMWFTd•' ,�;Y,w>{�Stt#2.:nirf+:LI IYYi' 1725 ta r.�l.=. - �- if2 k�epR priro rrtil#4r,S r�r-pf��ve w.s:,,.,�: } = h f#erlral�tp kAiA,795 s:; yv-.��{f 1rV1#B�gl FPS�h2�tdY waa� T,rr. re,r.wn r _ I 1ar„w...;r�r5ris rnu io„ � pa w[rcri;xab'+vNel AFS, PAw rt _ A' i ! #i'araP7ixGry a..,[.e Ir�i.84 can.-[['•ywxwy Irv. Fa:rras ' R-Pror9¢4}LYaSorcwS,�, nk,j trJxh}_ti-m+,km,, '„ 6¢_ '9Jvres flM7 owls od l�jo IIrM To's •hue IIS,:aTro { --- ��qr.■'43�r:s2Flr. `�: I REs FEMUor L,ria,m1. GR.+,IraOER,COr+I t}scouh.'' I1:110010h rx.IIItI4rSLr •('.ia eLmLMgVxu,4�krb' k. "aw,y 1 7 �I:14r'JM1,`am;,Cft . '..n:zatVl■.F 1F: .I v Pim0UcIp"AILS' '�S -G •� Trs.+weFv,w sllF.nm-�s.•raacor,s a.,vy y ' n,w,ra:m•:r.x sr:r cw ' ' - .9�{''^:.....-.'`'..:..-` f ,n 8441 xl4i r,f fabMrl 77J TS Z l gI!kAAj 49110 fijb9,-y1)rrf SoarL* IHMA'SbyP'Irn1ro UffnhdAe508tmea( Y"V VG-cAc needs,Fkar fUrffl9r bg6W pn brPrJrh&L1B1'hfallity inryoLrr�mn r Z21e II Aroctaef rte{ig, SHOP easily ORDER efforr,tessfy MANAGE eflrcfenrly Uftr-friendly ta41s to find products Order offortlessly us+ng tho torlls that Manage yolrr account eiflpientry qulckly°and aaslly.View and compare ni6ot your negda, .sing u2gr dsfau.R�1$gignmGnts and f product f9atures,speoincatlons, MSQS +Ordor products drfac*frDm your apgrowal proCeases%rft the Order FLnN re.Il-tling product avnilabl ly. pgrsonel or Shared Lists r0n ernort }-stem. LJse our mbust Soamh er glno w11, uickly owess your prevloufily ■ Mal gge usor�oceas and setti,`Igs type-ahoad Search funotlonallty Purohassd Products *M Rnage user app`owals and ' Brome by ProdLrot Category •Add Berne to your rrart dlroctly spend limits Acca€sp 'e acnal or a-eared Lista frorn th o Item DatarJ page, ■ M or from your oearch r�aeurts list Uage payrnerlt moth ods and Viewpreviously Purphased Products shlppirg eddrassos ( uickly add Jtems to your cart or List .by snterin g Gra nger Itern mim.; rs and 'accb nt Stream a chsCk Iu l daf%a s wltrl qunnfKf9B via trig Vulk Order lead ace°unt ano user level defaults •Cuatom¢e checkout requiremr~nts * Repurchase your Inughtory with Auto-f#eordgr with order and Item leve I fl(ilds ■View pending;wders and order h Istory ■ Use the Qrarnger Mobile App to qulckfyacan boroodesor Item mirril)pr9 `VIL''ff and douirload Inuoioe hrstc y directly Into your cart ( Q2U15IQV�.fgrr.tlgw,IqC, 7G= Mh!S'Asr} Page 667 of 1743 GETTING STARTED f Wal,T%M f� SIGN IN GETTING STARTED CONTACT i +Open�rour prof ved browser ar d Enjoy thane features and m oro: i� type wWw.grainger.00m In the .Click My Account and eolt your chAok- address bal.GllCk 81C3N IN from the out defaults for a quicic and offlclent Grainger too-r+gnt menu bar, checkout process an araingw.com%and +entor you-LISGr ID and Passwwd and our Mobile Asap- I i click SIGN IN.Glick F0-our Uzf- tD Craate personal and shared ehcpping or p�sswroLd_'If you need neslstanoe. Ilst of items for quick acoeas during your shopping experleqoe. If you don't know your login infor'na-lon or noed asslstarm-9,plj�asa corntart Customer •SWOP easily using the r.sor-friendly Care at I-964-GpAINGERWd referamo tools to find produata quickly R"ld easily, l your account number, VAEw and compare product features, speclflcatlons,MG DS and real,im6 product avall-"tlllty, i MY ACCOUNT .0RDV afrort1es.sry using the tools that i-800- IR I GER ■f1ccountAdministrationand meet your needs- (472-4643) Gusbcmlzation optlona •fwlanaga Users,Spend& *MANAGE your account of c.Fs-j.tfy using Approval Llrnike user default assignments and anproval l H`iew O [Mo Fiell� processa€with the Order MonagemEnt •Contact Information +4.og'n Options *Payrn9n'.Methode •Crento a I)ookmark'.n your browur`or ! � wWvLgoir-Lg@rxoI Shlpping Address69 Chi ug ■Checkout Defaults •Dawn load the Grainger Mobile App. •Viaik www.arAin€�c#r. �rPifor additional#ralning uoplas,vldeo5, ! Grp€l us frequently asked questlons and the oomp'ete{wide to Graiugercom, ' 'and Ips a m�ssa�r i A ` + Connect with us > °� ■Reorder using barooda and Item slumber scanf'cf y�; "" " •Find.products vii WL I volae search i 9 Gat help using cllck-to-(:hat •Match produais to specific Incatlons }44��rtis+kPie,YoarxifA naerert _qgrxsorp#:Fre,nxrK'armrea i Al rte USS.a)j 021;er P'un91d58.�7Q SY_Ye'E&96rr.4.�rtlerk 4.F+1#:i,18,Yl� ClDc,nk!PiOY ATA:r,im Wk bf 6cr-916 fid �f2r1151"L1'l.c;rolagor,Ii+G, 1trECCft{S -+13� � � r • Page 668 of 1743 GRAOPTIMIZE YOUR WORKFLOW lt✓f _ Order Management System The Oraingpr.com Order Management System (GYMS)allows you to optimize your wod kRow for a M inti-user env Ironmen#requiring approve) praeesses, Control spend by user ■ Stmarrlline the requisition and approval process ■ Reduae rnaverrck spend'Ing r Access detalled order'Infarmatlon ■ Drive compliance Im View actions on each order h Innprove processing time ■ Jntegrated with Grainger Mobile App T1 ie Order Man agoment System is flexible, simple to sot up and it's FREEI Get startod todayJ I BudgetNEW j Sot Limits& AM ■ estfiction MY ACCOUNT > ACCOUNT ADMINISTRATION I ,add Soend Urnits�w Enabie Order Management with 6re SS Setup or aCCOSs YOLrr sr nd I-Imi� Spending llwlod existing Order Management Dashboard to customize andi �aarr ooF,.N._ Seiam V manage a ist'Ing users, mmmm Ordore for intim than QIP I l l Define Spend Limits $,Approval Llmi i this ninnurltvalnqulrc appl(A,fil, rdonth GIick Lir s to define Spend Limits and Approval Limits. Quaver I � User spend limits ma be set per ordsr,month.quafteror year, These defined user limitations will be available in Step 3 to assign to 5P@G& used or by userer-role, Standard Users have limited functional'lty rights. Admin Usors have full functionaJity rights Add Appmvq!Limitss with access to the Account Administration, �l Appimal Limit10 J Assign Limits E tlry�L11.QOlL Y- �i As s ig r i Spend Limits an d A pprove r L irnAs to sr ec;lfir sers or piers for rivro than tiiis amnuni ViN regrl Ito 4iddldarl$I € by user- le- appruvsl, .......... ........ ......._.. - . ..-.._... .. ......... I r WTGA MilneItarm GkdsrcEM of c-_lofyjn� 7 � 1Ayour rHi DkC�o.IL 31,00pA71}bTar*F OCCOL nt CusbxM cal3°og Cs ITA proxt riliY CxI4' „� I L......�- YT.:mi SIM,k 1]Er9Y.1;541L y�'ti I`'414f�1:off ll�;'t'IY 'bVr}GII'+lk`.VY 1rG r�F10�14at:Gi1}6r�)S1GCI r U4 eon 9Rb r�'114 g1ry1 a c••�S BA Orrdfi�4'•6l19 fk orra491,@>ox#II„�.ar Ad"i,.'Al 48 L'; f'+� Time l=useraAk eTo slF9kbeaffi'1�a�F4 S�axuFO Uee�s ui I be,siss��TTctl J s celled.lkys chx LEienh�u#9lkrwhx.EBauv }' $ :Je4om Ilrl:k5ldlld�jrdbJr.IJglelck xlll�L I y,{;�Fd sr4:rysl'na9 klroea h. ch'lornrtaa Vu'r xru 21f mwl,6o-I"ralr di rcl+'lirr9o. 'Se. $7pplM2fj tL3EAI fI.IrAITC9Tilf r 1'j KAK.W.H11 USED` rAIITF.b PSFSy { AWAlrIS rFULI.'�IC„! % ADVEs(FULL RIGNTS} i o n sr.:r4JaN Ia --' .. i:aa4.Kf'PXF ;r II,7?,' ny r.!- ., �0.i'ab6.'!,�aY'p` R,air I `41=;L01i ..-.. �1'iloa k.l - L:Pi t#I �"F 1_-] lkrr.pmm :hiSaieaC v' TEE 11 ITEM+1*R4 AL$ 11FfA APPPOVAL a f1 �-0Ide�J[a'Ipruyll�aa v-I=:�iC{��iYli j 7 :SJI prQdrs ccaLUry��Kc:n:rr.l�de afxngr ' a au r!"Tina!N.wprc`.r' V � to Kee pStock orders are not affected by DMS Order Spend limits. �� KeepSteok Approvers. may be assigned Approval Limits by order, not by budget, k , r . . OPTIMIZE YOUR WORKFLOW , Order Management System Orders subrnitted via Garainger,com or the Grainger Mobile App that exceed spend 1lmIts will be routed for approval prior to processing, The Approver will Facehm an email notificatlon and/or mobile notiflcatlen that an order requires approval, The order submitter will receive an email conf;lrmation once the order is approved far processing. - - ...._..... ...... ......... ..._... . ...... ...._..-. .. ....-... -... . _._-. .... ' ■� YoY.h G'6ar'An l98'Jbn'il dWT RprilU+al. 3F f:,3ori:Ilic-saldl,vPorrrawrgrnu:'li. I i i I Spend on I llr,lt 8f�2B.62 of sgrjw prr mends t-.-- '.--....... ........ .......... ........... ..... -- .._-...- ........ _.... --------- Approve(s -.--.-..Approvers may access Qrdgs Pe in A rov1 from the Grainger.wm menu bar, ithe My Account menu,or the Account Dashboard. Approvers may also access the Grainger Mobile App>Account a Pending Orders. WAareinl Ordrr ikik:ry Wit Pave,.MRv4 GrNuii llrm Oudo. 4e*fl xwCiOlw it ke r& lom 9- .- i,LLPI4401ktT3u ellU!!rlpT�x;nd,hm',mnlClOry,a,�illY,p'tli.-p-limlff�C: Pending Orders NEEPSTac1[aRgM 61�cx;efscur�elriry suh171Eted#aEv�ryone*� �rD?ly'�Ijr!rS arml, r,.46f r-m,,LL:jui rirtoto �:iel rl SCC F:.15r:J�r JUI 272M 122.6prin MT 'drfr@1331. mon I M Tool,Mike duueR,Jeff I 33 $%766.17 WIE4. Yk.Gr8drigeurilar L Click VIEW to view the order Iteader and detail lnformatlon,the ronson for the pending order,as well as an action summary on the order management workflow, ACTIONS 014 THIS ORg1cR — — — — — — -- — — — — — S?uomi!f4d .- 0*0`.1¢To7• -- Jnnes,Jeff -I 97l17t0i$ I ANYTIME, Download the Grainger Mvhlle App to supplement I-BOO- AI NGE . AN1fWHERl. your order management needs while on-fhe.go. 1-600-472-4643 � L[IM ?riving Efficiency in PrOcure-to-Pay {P2P) with 3 .'ti. J5' x4 i+,is. 77 Standard Offerl 9S .■ ^r: xk. k{. r�. o*y k.s i.1•. s` T. if.s \ `1 a#1 +Yip _ ./Y. - } {:: ,".. }' 2: Ji' �Jfi s '+„ �} I • t u` e�i .t> ,YFfrea}t11"~`-.- rJ` r�clli' .a - t� .ail�t I :F: � `rn - tjl�:� --:with r dt< _ .3 %7-1 r. Ifs I i t 1 ^ }' - : M1 �F y{ ePr • ]7 Automate Orcier a',c Peymcrt Process 8VC- ime indirct pricing an vrahie Added Network(YANG SeleCi ng products a EDI "'arimctbrs"850,F:.55, Ll113,9�,7 { t k rainga USES Ster'in Lamm rc=i Punch-out Catalog f oying Se lect IN The '1'Jh'S n In Ler is tho r�•Pfel:ad :Made . . `rrr t.:,viler#i81 'or r3Gn 'unrll" u •XM 15irddUrec T�r,sact rs x Order XCH a EC-1 ray acti rs MIlizes Grainger's wr}b basad catalog and pravidos the following: P!Direct Conned a CnFanez�con ter.#and ER "FLI or {Mt-T an43ctio r_ cOst ° PTT PS a:'SFTF witl' PG.=enrlypt'on sUhu5t Sd3rch v;itai.�e Pea l-t'n%o Pr'-.Ino d-id{..y@ilaL-)I Itf ;. .:: '�;: ''J;, `{•.{:' �.;hurec Llys • �. mIntoq-ate Ke¢p5t e.c MW 'w• Re ul ;'��:',`,•=:`' .°:,�% q red MW Inf'armatipn Optimize operational eff;ciency C:1 -,,2.0 or c NL Purchase Oeder AcrenowletlgemeM +C'Dr-Trate F'hol-u NumbL;- F00 F,rripals .1j.1 1)i70rf;ldiS *Sir). 4vCoun'31' nu t;136 acc�r 7t • EDI 850 • E".`,4a°' ■ • - M , o FJnc�-out Ic atic:r -noes fnr 4 XM'_;C.-K 1' x+vE31; .Cxr';s_ m:Jtl-a �41:t +Flat.-ile c EDI a5.: • Deli ii't'c 4 xCBl_?04 Hosted Files Dan dep'oyoc'.rr:Tnill the 'ecl�lifC.j�rforrmitior, JrWQk4 CUSZOMON p"OCLirS n8nt St+s[piYs • Nr]nur.,t'mr&PO Care f-.iie Forma*a _�Kp-to:.ddr=,s: •ELI w10 ■2ulle'•wen n;rfo t cx qi1. eprocurewwra Implementation Pr'acass plow Line iter.de,gil D;scover � Irn lemerWticn - Validation -Initia. � Adoption. Requirements ies'ioglConne�tivity Production post Gin-dive Ma ppi ng�Te sting Support hone era Borsie of Grair1ger'8 s!rpportOd SRP 3r SugpJY•ChPJn/PracurasNent N$twrprj' Cc)MPlL)te list 0Vai12ble Upxi recuo�7i) COU A�,, age o 43 l; -to-Pay SP P) with r WER ri i Efficiencyin procure ePrure ent Technology ► r1r1Ik ; .....".. ..." ".... f r You've made the decision to integrate your MRO spend with ,rain er's eProcurernertit Solution Now what's Werk? .tivtrflt.Y I ��7 F`.E�:,Ear7fV1 I lir f' :ThM115',irFciffp i for}_MIS#hr3 t r7 ` ' - "f�. 'our. rei-rie�rf�.�eral��O�iH..�. 1C�raon'ger }?�. ?' ..'. ' :'un[�C$itdn. Y. J. oto Isi{liii�in latstYi,.;'.' Into tna Cxr�lp, er'm"Reque�f'. �Prr..`.Y: ].ca�iL .eF.a€�dii19R 1'So;hnl �.' QQ, er irii#ill iri crf fon 'vJEth'.' an Ji v�jtlll!l` fir., ] r : •-' b'slrle55_anC�to hriit f r ritaCLs'a '-i- . the S "I:r']rF] dein � Here 5s a list of the standard project types we currently support. Shopping: Ordering: Invoicing: ' g� * Purchase Order Integration - Electronic Invoice * Punchout ztaiogs a Electronic Payment— EFT/ACI-Iv o Hostod Catalogs e InLegrated KeepStack • Integrated Sourcing Quotes 3f'--tii'ir p-o_'eCLimay Include ,ar1;:ormce iL, solution �Req�+ired.ask I] F 3�}:]k'e li��i�vr types ona th�.s'n'lll help JII ceterrr'in.. tFr-amokilit u.'time.a'I'J resmriC3 _..—........ 'PgLJ:I E}d to coir rle-e.t17c plrjec L. Punchout Catalog ---'---" --n...i�c o -.c i I C3rai�yc'Provld � " r h I#URL�Gre d t a s .. .. .. .,..;. ,. '.�.� :r... ... iox1 CL3.orcar Submits Tey#Orders to Grair.gcl ,,. ... , �. puff a�r�Fr hi � n_. .-Q� r�diri�at7'�h;�.:L�'�5ps,°f'�?r�]1ea;t r� Gteti;.':'�°.•,-�', : -' '�:'�.fc71r]ger.YlJ�If.FlCflw-h"'"WIC�2,`,�ar''Ji?�'-1Y.w>'F7.....-.•. __ �OjsLorner u ri ,,Lo cztirn L.SL ' —..... ._—." . .. .... -�:...,"....:". ,.....,.n,'.s uas Ion e . . EIn4LrirItlC Ur�'olCB Cu.°totr7or Conrple,es Ir.�tia.Ue t na.' L Into grated KeepStock .kCusl.omar Cornp.etrds Tes,Scans Hosted C nalag — Grai',gcr Seller SLibrrItE Contant Peouests s oa 4r- l _ jel lcstin ,. r7J''dI' 9 l�. •'a 'rn�" i•� M1'drlS�}�ji-. '�ic� "3 . a "fiyirlc?3 ok r19 _ i(I r*iv8'tsi;' iodl1C ri.: t ' , uir .' idicio of:test tib`.'' %' 77k. P sbr iCiPrr]iYl?q Oh` Id{Yf- �: �.zra6lF''ir'S�iin SoitanL,tha �.�. ?,,+-_°-� � ?�, .�. :tca:rr;oVin •`Life >': �M1Z� • �;}.� r� :t]YiC M1 .' -`p[io :7r 2 .[irFs}� f. off].]- :i e ER , letu[l.in a t1 m of+r,?anj1 - e" lll'rav i`tYi- Ci.O�'dc:L' s .z rfiLla1 Iria, BY: o' f1MVi 'y' .h"iron 6.I�:.YriirC='=•,; ..fi-. ;'rad%'�' �`grl5i� •y'rr�,'afC'3C v....r..," Me. ,cri_ef5u �'G"dlr":.AF' $T. .Y' ,�< s, �s s' 'n�a'Cykry 0§9 is nfs�to� 9_ _ 'n "-�k. ', � f:`�� nes Y 7`:that' II're "uesf5 f4c o f1;1 ;' t #.~ r�i�tl �diri �ou q � �in:k]ui�_ 9 h } ? c' - kre=ov Ir s I �aff�J�31' U� � ":�:. :liis V 1 c�5j U yZ. z f� Irs�ful`:te}ti� L,Y�: Y . s end' I In rY i�3. le I oL "I Glossary cf Terms: A52"AseC41-ernelncd-cr -fa f1=rQ'ril-IBele{rQflic.6L�L,n-.FntSover ihcrrieL EDI 310- =C1formatf:rz.rI'iv'ni'-c }{M7 ;ervri a I1, LI',15 re=ar=,a a-Iy dre..�}ICn that ut 1`7,as [C rlpliu7#:n¢siC:l, E171 855 F I fc�n at fc�r o Pu Fuse ClSrdc�l rkna4x'Iedge,ry It t,g..l.ad s#ruFturC the=In7ke5 it k ot�i r,t rr,on and Irad,lnc :eacL'lo cXML-The r7c�_-W'dely-Llsed,Xlv1L'aasEd Lusiness d,5::ull'e:lt standa-d it Lhe DUMS NIS Ibord-#�k do}1':_venilLle3hnr JCi f;XM_,lFrdl_tfher 9lecL-c;,1V,! O.. U5 xCOL-A-i XML_ba4FJ bisi,,essdcc.,nrclr s-r.6arc:cm)inlnon'}used u7 Curop¢ bunch_ dcCatlpl,g_or Ats, upon Catalog Interface(OC 1)- �tarldo'd f-.:Matusad in sor7�sy5tF-1Is.P-lost munch Out Catalog P x•icov 8 .:ess#c'.'eb Lasa atalficsk':a a lirkwi# 5.-- �I"dre e-'aCxira�'S1ef1#Sy_:vfns n[ta a'y S,AP, for nur.'ai-c-A Eho1pino. Page 672 of 1743 . ..SERVI.C:ES ' tih.� ��[Iti�4_tr�..-� �}�� 5'.�_i ��1 ��i_i � _ � � � � � ��•lf.,.M1- :L'.:-��,=3':-��'.'� .:y't��' _ -r- z�. .F.l. Ls.. r �.* -� '�.. ~�; �]._:'<,'.= �•° ,�' � ..�f .� .� I moi' YYY1 ry F w'f�RP }�' � .:.f��.._�.. .�f:f 666 ��°�M1 �' ��'r .,�':.�'.�'`.r � ' l�'':: —+G';l.'.•,` }l:k' ' � ��!� x' ��' �'': .�*� i;,x•� �aiC'�"n{�.'S� ^�.,F'F�r: .5�.':j _ AFE 'TY E WE A.- iG Y. FACILITY . . � . F • • ' •r MFI-raf Oros wro�'aerJr noxa;' III�F' SAFETY SERVICES I TRAININQ We offer a wlda range of EHStraining coursas your empi reel n ood to help thein efFoctivel.Y parfarr n their job safely.Training offerings are available through an online experionre or through an on-site I1)structor, ASSESSMENTS A Aerial Lrf# A Lcckoutgggou. Specific areas are assessed across the worksl#e In order ■confined Space ■tachlne Quard':ng to identify potential hazards or high-risk areas that may r Fire ExtIngul€her ■NFPA 70E � require further actions ba taken to remedy, M First Nd/CpRiACD 0F3esplratar AEfJ Irlspactlon ■Firastop; Barr ,ar,damper ■Forklift ■Arc Flash/Electrical Safety &Door #I ■Confine Space A roetwear W Emergency Eye~Nash ■ Lackoutlragout N Rm Extingulshae ■ Machine Quard-rg ■Noise Survey r COMPLIANCE&TESTING k- yJ tion ar<dl cr to 0 9dentlflca .. is are conducted f r Audits ❑rtes monitor ha7ardow3 work areas so#Ila# controls and safe work practices can be implemen#ed- �_' ■IndogY Air QualKy ■ Pulmonary Fur,ctlon Testing ■Nalse Sury%-s ■SamplIng PROGRAM &PROCEDURE DEVELOPMENT •:`; Effective programs and procedures help ensure compliance arid create a safe%vorkplao—,for your employ s. These programs ora developed so that your business -: operations can he conducted safely,and are provided - r through onllno ternpiatm or Crlstom on-site d welopment. t,+sm Fla;hftlectrical Safety r 1-cckoW-1-2gou. C ON SULTING&TURNKEY SOLUT10NS ■Confirrtyd space N Machlne amrd:n2 We offer solutions fol' unique projects in EHS areas that ■Envlronrnenial Salety Hazards G Medic:r,l^Inst Aid require design and engineered ao141#ions, Installation, or 0 Foote oma -3eneflt Manegsmar># may require additional areas of expertlse. > Graing or h9s 1noXe safes services av011abfu fo ■Aro FlashlEleoWlcal Safety ■ Machine 0 u arding lie;pgO;ygyouirn& ds. Pfeaseccntoctyour ■-octr;ear14eneM Managemord ■ PrNscrlptlon Eyovrsar Grainger Rep for more lrrformatiari. A Lnckoutel'agaut {.,u0al"Ci1k.'C'Sh:X91-F'5,4.i'YO'3fiM�4`<Ltii�1�}'rY1:64Y�3s�. r�ri65��L�'Jri!��A'S3l'4f�CCF.sh'v:;6905.d U.,S:rr..440'{wL'i}'oxN;h`n?r.rm lXi6'i}A=. 'Ji.i.Pg%AST.*fe :arieEr{ircofy-;.In11;Sjx3k'-Uy.. _ OA41GRA IN GERSEF?VICES FOR WE ONES WHO 1 DONE Ri MIJDSTREAM UTILITY REOATE INCEN 1 IVES � ':;t;. I ;:- • sf��:�+}. Grain oroan help you p y meet your energy Muction goals i x•s ,..+..t:: ��:.:.::, . by offering disr;ounteden+�rgy-efficient products tr�ratrgh I „r ..>. }' °,s-'. tulidstre�mUtlll In 'k .: t}r centive programs in varlets ar'ens ' across the U- . ■ If eligibla.Grainger delivers rebutes on approved enerM er Helen,prod ucn RETROFITS& UPQRAMS !Once enrolled,the prcewe is ar.tamatio with the purchase of Working closely Vrith you,our service allglble anergy-efficleryt products panergy- Can N Rebate is oredltep to your Grainger-nowunt Identify and facilitate the In�tallatlan of anergy-and , water-saving maasures to help benefit your bottom line with minimal dlaruption to your business, !Lighting RetroflWUpgrades A Motor&Drlva Upgrade's ■ WAG Maintenan,e ■Alater Conservatlon Upgrades Upgrad” .' $YSTE IVI STUDIES � A-, n I .:..s;., Y Issue withJn a system ran reduce its efficiency, Wasting energy.Adjustments will be made to your air supply and dust collection aystems to help immodi ateJy reduce oparatlonal costs.An air or duet eyste.m audit j ' ; ;: .: may be rerjuired, especlalfy if they have not hQ&n w: ermined recently. ' !0Q-n pressed Alr D/st,@m In bust Col lection E3t-stem StudiosJUpgra�'e's Studioa;Upgrades jlPyf� :.CIS.XY ` ASSESSMENTS `n Any issue within R systorn can reduce its efflclency, INSTALLATION wasting stea.rn and eJectricity. Services to address these electric vehlole charging statlons at your faoilIty can issueB Include stQam leak idarrtlflcation and mitigation, help advanoe your sustaNablIRy goals vehlle improving dofeotive steam trap repl&r,oment and u109radoe, Infrared Vour corporate image. It can also help save your studies and insulation upgrades,Adjustments will be customers am Io made to your steam system to help lmmEdlartel reduce ° r yeas and business partners thousands y of dollars.We can offer site etiraluatlon, product operational costs, recommendations and installation. !8 Gam Systfirnr'Trap AssessrnAnWupgr$des R Electrlc Veh Ids Cnarg;ng Station Instagarion i + )-FAPfVjlvF�)?Yl�-ATGRAlAfQERCOMIGRAI)VaEp$ERFlCES # I� I: I' SERVICES I FACILITY I iv`KA V. '3 Q,? '['t "': ELECTRICAL SERVICES Eloc:tril,al system study is offered to determine the pres- ROOFING Sr-IfIVICES int dagree of arc flaEdl hazards and apply,ssociated Roofing and building maintenance solutions designed to equip)-hent to xdirirg. Includes maintenance of electrical help prolong structural life,easily trrr3ck and manage roof distribution k;ystern compononts and mitigation t�olutlorB assets,save energy and impru &safety. aimed to lower arc flash oneq4y or exposure" A Patch&nepalr Svv'ces ■Inspection Servlcea ■Engineering Son'�ces ■Medlurn VoKag6ll-ow ■Roofing Raeroretion r PreVen atrwe f' nintenanco M Maintenonc!3&Tes'tlr,g Voltage Servlces r r Rooftop Safety Contracts ■lnsta.'.lat'.Dn Turnkey ■EMaclancy Servlces A Roof CleRning 0 Alr carrier e rudtts Gapahllitlea) Dlsaator Recovery OSI- .. ir4f _xs .. '00 gT#: v {is_ 11th TECHNICIAN SKILLTRAININfa SERVICES Participants receive hands�n safety and industrial BkRls dev�opmont that they can apply on the job Immedlatcly, A comp R COATING SERVICES Training can be scheduled on-sl to at customer locatlons OF A orltiprehr'nstve portfolio of irtstallatlon salutlons fnr �-alta at scho[�uled locations acrnss the t1. . preparing' prlming, coating and protea#Ing Interior surfaces,Complete installation servtoosfor various ■C,ornplianco ■HVAC K HVACMec�nnlcal paints and coatings. ■E-E(Aical f vill.'!I:.I} .ri.'rIL*'i,3.1'F7ft4';,4.ih2r5kl;.ily 8i^Eiu'SIy Gf 1�FG"ll':OJ!�Fr:G"n'ES.SaR.klYi]Ya4'. P',frl}SfIY[1[L.4'I_' .1,'-,G4. iTL:}' $24�,k'4fr{Inf94$.�r}'s'r,f.+Y CSh'+ti::'i Ca'BiT6.'iYrI IIP OIY4'Yr:s'. � . Co . :. RAINGER-S FIE f SERVICES G raingWs network.of health and Welty sel,Vice Yowid eo } p ers is coniinkt' tp Arbyidrng.you withqu6II cost-effeC#ive'arr-site$nd online servlCes:. orlsis 'ing.af'Ei FilgFsly.trlifled hetwork 6f- ertlfiedIrldIpEFtrj$I tfygienistEF r. And'G.ertified f t r ProfessioT7als{ ,. s'vrell es bfh6r safe pro#QssienaJs,. r�inger pgsseses the expertise aril resources to provide ' train ing;,-'on-sit6 ted#i�g arkd aLIMrig', 4nd wi fb- ase'd tools.c'66igried.to aid In our.bucu .,;.. : Y p�Itiar�ai safety and healtrl programs on a'ri$#Ibnal scale. lu'dldmrhi�cello s.T B� y f'i•+' _ .f e .E, . ..r,' - ' ' �1IrkB1nic�O'�la?er nk,iIsr'34i Ac rx frr 'nw a ' 'GromGBn' d lStdhullBTraI"o' � [9eckllrra� S.I'lhiaaf.m�S.in.9 xk�ctLl.oa fn 8SneeAr eetlu tn� cucnm [a�axF�h�Li .. .•r :: _ Eleclrknl Fur ''1.qu6G an PrecGcalg Ila'..`I'. - 'I''veA%drm sHeRUn2+'�ilea:' TFBInI' kP kx#'cnM1+ Sa + BIfaIIn7` IImingluB Dclarruipu5�'fwklic _ti-fll ALro1B sIR 1ewiErl � ,S}�Igmd.lxhlarad�u�l�¢' la slinl5•.,,,. r.� :' .. -. . .- - ..�. -. ky. .. 4� A.. +!9• . , Fro&rrlerlligmidanRnePalla 'lli�cgi'fiY QIi;�Ii!6'.+�aP�;ir�pils:'.;,'.�;�� ,=r �;:;,�,.;.'•, rlcclrJcel��C'T La�e�l&II rrelnlnQ' .. 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'k'-Zl;Pxl 8e Page 678 of 1743 INVENTORY MAN E I E NT - YOUR WAY + I } �i _ Y I ; t ' f i i 'y�5.y, < r� +5't':'_•fir. :;.:::C+.� �k.. .� .S f --'s'� .':��;. .•�>_.1 MIA �;,�� f � e; #'''fir"'' 'z '�' ��'> yy�� s�. ,4��:� �[;,x:;•:;i_�.�},;1 t�r,�. tsk5�L�2'. x4{ '.L.. i"w"r'r' ?if l .k :: ::'.10-' 't ,Ss,4 t iM1 �.'�?s' �t{,•.,�� ''75 5�"f. � c 'kVT"_+x . � d s';#`- � �� y� .'•'l� ��' •�` '%lo�'�.:Y;k:,xljc5� �. c4�'!�41�T.��2� y,:.a� �a' ''f'��.�'t��w n,�"`�. ,t �i' `� ��.� .t{{ <.tr 7 r ��S1D� � ,X' 5.�,t .j. �y,i.�!'. fk{,, �€�'� i �A '.` �:'.:'�. r''7,.,,.•;''x 4,..r.. 'V{.+v.5!,.i,��55,,4; �xt��R+.�.4�.. �i-t� -I..�'4''.'.��y" kY,1,�2� ".3',��jR••F��.{Y.a:i':.;.Y'�k= 1 5:Jt514',J,�'.(�� '�Sk,µ -� Y.�# Stii4.t,'.,' .l{'.� 3',iM1 :,1.}'" .;i� fi• K',s--' Y.� �5.'� i ;r.. '' �� 3 ,. } �,•s.'k:,. r II�� .A...�:' :.0-. j�P. =:�r$1��::.� }...p..,!{'y�,' 'i ,•�i, ti� �[�fis�,'a�. :,r,�x' �� ;�� 'h�3��i1 n .�;.r. ti'�- ';�1� .. r,-7,'l"G ''''' �"�:�`'''.. CONTACT YOUR GRAINGE R REP OR • • MIT i.:.. INVENTORY WHY MANAGEMENT �5x YVby worry about Inventoly? Your day-to-day mane emiant of Wlding operations Is challenging 9 .� enough. Now add on the respunsibil It ies of purchasing, managing and controlling your Inventory needs. Supporting all aspects of your maintenance activlt1es isnI a big Jab, it's a huge Job. I Inventory management is the process of keeping track of items and maintaining the balance of supply and demand. You want to avoid having excess stock but also can't risk not having enough to meet immediata needs. Ideal inventory management moans having the right products,to fee right place,at the right time—all with minimal effort and expense. Not having anpproperly SAVE _ managed Irn+ooheititvr}r can result In significant and unnsoessarycost9, .It7.F,= tflC,t.F}'-�Sp4',P, including cash spent on {F items,employee labor e and storage space, • ±.hkan�'i�rsrnkry 3:IUrx. WHAT k HOW YOU NEED IT, ru GET STARTED # aF +Y.F CONTA C T y0LIRF OR MARKET NEED ' �'- �,,{n"r '. }.-.- }:'~Ltr ,. dk' ,�'.k'^ 'y'Y i:';:' 'r�'�'.' M1 '•.x" �rl �h�r. � . ..#ki'. ��<`x}. Y •�',��>{.�`, �s_,,, �_�'� 'i' `.i,`;f'xi� -:�� 'I��{r'�r,�,"Iry�'�fl �..} GJ:- ,. i+. .- .'_'a .''��: �'r'.' ' :i3' �cx•,i",�.:'„ ''�,,.,` .fel".I �`_ f:d'3 }Yt }tx°r+t' :�:°�: I'ci 'i,.�' rx' �'T ?}tj t':S 'u':'. r'- ' '~'s=•`,`rsl- M ANAGEMENT' s fr.{yf3+y-Y�Ary:i As organizations continue to look for more ways to reduoe costs and operate more efficiently, maintenance,repair and operations (M NO) inventory hers come under scru#Iny. +r Leff;unchecked,poorly managed MAO Inventory creates an imbalance between product suPPlY and demand; which can quickly lead to excess expense, IF YOU STOOK TOO MUCH STOPTHE RImSOURCE DRAIN Overstooking certain items to make sure they're Organizations need to take a tvvo-pranged approacll .. always aviWlable can result in expensive carrying to optimize financial and stiff reaauross, costa,estlmated to be 78-25 6 per year of the j average on-hand vaJue maintained. DEPLOY MRO INVENTORY MANAGEMENT Align stacking Jowle based on the ahi!�racterlstics of IF YOU STOCK TOO LITTLE your MRO inventory mix. Ineffective inventory m2magement can cauae : stockouts, unorQanIzed tool cribs and Inaffident LEVERAGE A PROVEN SOLUTION (often mailval) ordarin g processes. �y eroding Opt-effectively enhance and almpiify functions from -•t�.-i•:lr productivity, these situatJons increase costs, tracking and monitoring to ordering and fulfillment... EXCESS INVENTORYON AVERAGE 'f 16% goes unused � � . 50% every year I in anneal carryrn ;" f6t11 I of' $rtlri :' reed t ,#he:$uYyYr'�Ji 0r. YY-4-' ■ /yyyii -L I+.�J.y rY + .'J� ,.'tf f, .VllII ,14 y k � I •i'. �r 4' L: +. �'x}., 4• J •*T�JYLY.r,+?y�� .r', i_ �� Fri}r '�Ca #._ 2 -tin "r�+ n.i _ 1_''.'.- �° ?'yyL. rf,. y;�{•�� ..yy..}-;}..1 k{� "1..: till•. .;'!':kJ I -J' ,I'."'3J. 3'.4 •' },:f' :.}r4 k [ '.. I'+,5, ,'?•�` Y. .-}. ..}k_ r . - � F '..� � -I� ��, `t:.-' '}• '�;x?�r`��:-;.r.X.�i''�W-' 3,� },.,.. t' � {I� 1—d"F'� 3ar.}��`��Il ld }1 Y. � �•�►'M1��{'/��'y,�y - vF�'J,'. �+il 'YS-,�,i':':�`' _�' S'- S:A.., '� l�.y RIO sl 6iAdd?II ,.a* C ,y�Y Sk! i4 P:'- F r =' F'.. :..rf. .7' }' y •+"r_ � �'q.)�� r ;t •.�:Fi '¢ �''t i'"<r -_'� :Ir„"f�f..l,�s..',.;>','t`'"i'�'.`i�>I� .f•,.,�.I�.,,•, "''.�+ �,ry i - .'S +"{'.Yra'.,ryl { _' ..'ia '�r'+r3:{} ''tf f{"... 11'x- (:%�:`-%y+}.:x°,•ir�'l.'.±f{ R'k'a}'�"i'}i „T,{: '�Y's'r It d' ,��{ruy ..�la�r �: ;. '' s d' 4ti' �' -,�Sai f s'�'.�;_.�:o��r�� kt;� :f'xa'yr'*,.>•�, �¢pk,t,f f? 3 %A(%,er KEEPSTOCK ;alft)�0 L UHv1A wo I %J ' r WIN xf 7 INVENTORY MANAGEMENT IS NOT A "ONE SIZE FITS ALU' OLUTI N Thaft why Grainger offers o variety of options customized to work i'_•,y the waY you need it to. Gain j er Ke*5to-rk solutions help take oasts out of your operatlons by makln FCeepStock Ltiven ary it-easier to or arlize, track and order any size inv+�rLWu V.The portfolio provid8s ii par'iagC`rCiBl1: �USt&hdr-Managed Irweritory(CM, , raingE?r-Managed Inventory(GMI}and _ :GiAfnger Vending(GV) options to help you ach%va th--right lev61 of ay-# -USe solutLo�iS i ts`- ':c •'.' : anagement basonyour un b�sslrlss needs. #hat med will'heli yoU; � � -s: SO4UTIQN: �-.KNNL wHAT:Y6kl-k�l+1V 'if 8t&qfa'; .`lfou choose wiiai or besFf f your vperaticns. • r STREAMi'!�E eUflrrHA IN {]FiLJrR.FA,'r Rh..: `I EI _ ..M n.ag� it Yaursekf; A sm efphor app. rtid onlir7e repi rfir tcx}Is make ft reap 'r-•y v'`t' Iq' ': M B e 8 e" SI�65 ] art fr7l ['OrTI I t0 o-;ULNER ?4�3E1T HTE Oj .;,...,, d. .xa. r. . urc r7 ut.P ori • plcx nven ry rioe s :;,y . .. . ... -.:._ .*f�.iE�U :r'RS:}.L�.1f11`. ` ''='•=.'t... r•.:i'�','atn'r�r Veniirr 'sb1U [or1s;,2!1 controlled corl.suiiiptiop of 1{i��'�•*�'3� f,.L...'..��':'r�y :{'•moi y�'Al" 'rr' k <Srw••'k ll o t ±ether fo fdentiiiY i vert .cha�l ri es discuss where nc3 h f" ; ':'..�L',•'r: i'x `'' 's `, .'t: s'r F:r'r c0r.r. T. i$:used;.ans�.d v�lo" sOliltioiitfiatkiest.fit �u 'neecis.;You axe :}i;:;,><s�•r. •> r;k�r}_" th6 h[ .of€F i6ri o sia. .. ''.aufi.ln�eant 'rria a er] aals'xnrd� ::. . •': :_:.,'" :¢<u �. , g. .;� ISI? Y ry frl g _"-4 . I- �3r �'s y y�'JJyy�� -i5•:r - y� }, ��4 �' �. .'i�M1' -�i ri.��Uf'�I��' f.�r`3.M1 5ry �5, •�Yl:}Ttl4V '� �4 V11- ' ��• GET STARTED TODAYf ■ ` 4 CUSTOMER-MANAGED INVE14TORY (CMI) It's inventory your way and the good news Is, getting your inventory i under control doesn't have to be cornplicated, With help from Grainger, -you can set up a system trot's tailored to work for you. rF t:7L i THE POWER OF TECHNOLOGY INTHE PALM HAND' ..tom .ti Y; '! .:.y_..._}_ '.: - ;'a +...`,•�f j I ri:yyf4 _ THE SiTUATION Md.The iv1J app does mare than MORJE CON :':'< uat feel o CONTROL I 1 voij �.'�::: You want complete control of your 1 You replenish Items m HANDS—YOUR ou r J(ee st OUR .. imentoiy—an your terms,)4nur Y KeepStock installs#Ion, You schedule, and handlod by your can also search Grainger.cosiv ,yrs Your business employees.Yhu xrrantitfast, easy, and select products to add to your oftanging?Sirnpl�-add j#ejfie;to; gout$&,and xvlh reporting to Ord or—sil from on source. yoe;r invenwry.0Pogrgnir$dj�St hick it-up. You w reordq�polnts a6d .p. ant the povL er of tecl rlPJ.69y in the palm of your hared. Track. a can i,el set u your ch ai�g .�EerrY - app to help manage#h maverrrent delete/Gtraii t .f6, .� p%-!.A _.f6,THE 0 Graingur products ih�t a� ,:�..,- : .,'f}:," q.x:'• �� ; 'ANSWER Y f+, r�.at', r need to track through.yoursystem.' �e�dto.Weak'iitems:fFir�7ii�Hi�iaft� '';-.�� ,;��,v°:�: :Q08t h annvggdinventory,(CMl�� Allocate ro xj,' ob rode r '<r duct us 1 frA ;'. p age enc!#rabic' R _.cls *°y ,:• -?xel giviayo'bth6levelo fpnc # onaIl cafe us�r,.-cos# This p pari�e' o ':t� � ries Bt M tY to theAprRr center f?I? ild' I d. + ad ltiorial cos#. . orcustoiner,acc unt number, manve Elie Tro f mr nt of f�os ,.ry ;•.�.r'� . . . . Yaing. pfvduot�=fro ate-.Ad '< • rr.`''kS' ' .s....r.. f r ..zur. w 1�tP , +1� }R upd cf orl�an e'!te s-and- thrdu h"polis tf u�ers'to'�+our inVenfv. rf r m. n'-thd. o+ r7'p.r.. a ? htpanagipg' our Ml vlutior, L kis a ii or•" '.IP el ',+ith-j6ur:.'0j oid it y '. vn.your:neects.givesyouitir5ra brie-:.,Ji�tegrateyout.G+fa nt r]d'fhf -ordPf` r811f1} ,.,,: F_ ; may.. 6i�` '.1-¢inve,.t. c'�C$14.If�O++OLIf lJU8 nets.,". •S3' !C' �., +.,4Y� ti"..r4 r�7 '._ ,''z.a � .;s ' :; sed: p roials':1VgYablerril . e2`. f. .. V-` : ytrn` rair 'r y: x',=' 4Sf� "�f uQSsl� to {l,'i 'i lNki+{ `.f 7�' ,GV -P p"Y.. Pr4�l�aii'i o havf3°;' i %' r'Cf.i _�t 1 IFrJ'- {�J,,�+ '.is 'k ..1.y ;•I�'f -J'" �r }-* 5�: / ��. y- {'3•' -; ,. f,, P'A;{ .� r{1f[`l]i` 6aci;3:., ;.v. =_' r .; .: :ice-, ; , , is - 5. Irv. .�' '*. •}.: F �;�,k .y1 'y ail.i• r � `/. ;..;i.��1}�' :1 .:}` i'4'- '{':' d. `sh F ,;r ;t :i �,i .�i x. .f�.rF�., .'cacti-�1':.'i`K'•,` '.f'". = �<3w '.�'z=..w'f 5t'-, :.7`-; 'F ' -}';:"*'*l�Srn� �e:'C� _ - +�':1,r�� l��Y5`�iP• ;s� '�z„�.+ _:�i�x�i•�} _ k��{.*r~•�.. ,_a`- y�_. .x.- {f;:':r:�=�t':'�_ ,�-:' t,.�f'�r {��„ ?5��+§... a� �� i'��¢ L�{';#�k.'J:,'�iM'2��24•r.x,ll..' `'� ryi�.5r '°+�'::,- -z.�r•o-x "E.'�.•1'li.;:'krt � ..,�' Nz' `�:: •• t �'ja �•y�l} 5, f � � y - '. }"� `.'kX"�%'r"',•y Yr�r.As .. •i�'" aL�:,�� r lxf. $ 'f Y'.i�' ,!�i' ��+'1' xt� XF.$ ,� ��.":�zr:.s-:d.•r t f�>�- ' 3.°{' �� q e'�io `+1�3cr ., Y .,�?"> }!„,�,yi`.;X��:;. -4 �'�r5� ,lYy��r CJ^iflL'_r Y'r.•k1�'hl' s�.. 3 llRAINGER-MANAGED INVENTORY ( MI) time find and This solution helps you and your psoplc spend less � II ordering products, and more time on busiriess-critical tasks anti 1 E generating revenue. 41 i LPS ONSITE RESOURCE HE 4YOU MANAGE ALL r 5- 1 INGER INVENTORY x . ri THE ITl1 lT�DN (GIVI1)saluticri l is a lgN fit for your On a pre-deti?rminod schedule.' . '. :•'.. ,: r:._ organization. V4+Ith your inventory your dedicated rep will. You have a significant number of no w balanced and managed. ycu work at your#aci IiiW to pkat.: '` ,:'. "°';'' ',:" '=•r':-} items In a single storeroom,or laoe .'' ;;.:•:',:':{:.';::",;;,<{*?;- can focus on buslnvss-critical tasks Grainuer prc�lucfs away,.li :M1 maybe.ever)multiple storage areastl7a#have slgnl#Icant Impacts on replenishment ord�Ys,-help +itlj r, across your Facility,These Itemsinquiries, source hard-to flnc your bottom llne, ia�;. e'd&6,° are used in varying quantltles W items, and'heip Vth.stp varying times.You and your staff Your rep can also cross=refrer7OW iT WORKS e.':;''',-:' aft2n Rapei help finding and playing Grainger prodoots to ati Special order items in additlon to Your Grainger Rep works with you progrAM to.further-d6n�alid&te;''_:-_:•_..;_-::,�y:° ''�k ry :�+ your frequ5ntiy used products. and our KeepStock solutions team . ..simplIf}i acids And, au'm have supplies that to determine the products and }r may s o4l.need controlled access to, or levels needing to be managed.. e.cari.rr]anage.'yaurarii) e :.=;';;';-:':': I',..`'F ::' :�: 2 17 vaiiaf ii�#y to certain products as well as-setting approvals-fbr inventory.ily:you.F:s of donut have the' $17 staff to orders if required_ areftioiu�ej_cr':yr e a'lockaci sto a area-.- a royals,you have the vlsibillt�+;.'. Ibca�[ioristniv4i ftout.j?o� f c�fi��y'T�;:�if_�,,_ martin, . Pp dr.. F{assliaCt= e : : gfexi tir: x '.= { �� contirol and.insight to all Gkrai ng so,you on 9..'t have.t :torirV-.,; {I[{ tr eklrSF�or u�ra+ l7oriaed oar JL�r�+ifj}F'ir?.I t'sr17 '1t` . it; Y ' heeds;#h above aversto 11L f'} Tf]e.Ci[id�e.corliptax-youri :p Y.. Fes/ F� r r •6 �YY V a •'f. '1. %*.f. d;.'.'. s}.l _C{-f 1- •it '. �r :T 5: 1 - - 3 •31 €i i�•: �,`t}'' _�'/! 5 "Jr* art• };"�,x'}k'L��31:'}'"�' •F.i rr�:i,' M - :I`i�, If'rr':i.�.r`s: }kM1. - - STARTEO # s # M. xGRAIII1dGiER VEkD1NG (GV) The Ideal choice when you require controlled access to . inventory, as well as durable items that can be ' used a {:Y nd returned. oilI ilk PTION OF CONSUMI I FAST-MOVING 5 , 1 THE SITUATION or total dollar value span#, ivs Employees can soon their ID badge V .Yvu-need 2'417 ACCOBB to key a great way to control product or enter thelr employee code, consumption, too, Plus,you get use the touchscreen to select the ,' 'pra,ducts—when and where you `' Yo 9 datailed inventory reporting to help item, "$move the product from need theta, And, you're loofcln ou better rnan� +: . ta Inose prod�ctr4+lt}+through Y ge your budget. the machine and log out. It,o easy, rm roved efflclencies, hicludfng reliable, secure and controlieti. i ;.placing products at pnlnt_of_usa, HOW lT WORKS Items and quandfles removers are J E' ANSWE Grainger works v�fth you to ic�aniJ#Y srutomsticallt+ uPJoaded so you can 1 '. : items to be managed, and select rest sasy knowing replenishment , tirilesfarchIng, more the r� ht machine p � ti.':�'.,;•,:',.r':;.`'::._:.ri.•-- g {aJ to da the`ob, nrdars are rooessa'd acoUratel � orJcfng.. rth GrafngerVandrng� andJrr r$altr'me. No+n+you k�ovr '*:.;,'•' ;;; ,°.<,'°:' :�6kniohs;Our`machinas ,an e diaJiver and set up the filed you'JI have the m right products,in elp". W-rddu�q-00sfi b settm machines so they're re roe +to use Y the right quantltiea, at the rl ht ti J g as soo ' p g� ri tea s17ifG� ahs, n as they're lu ed fn" '� ?Z....F;z�{' Your GaraJnger laventzgry • , �L'.:; -:. 'x,` Managei•nent Specielfist will r9fili+ ' the inachlnes s neede � d#o meet your usage Pattarrfs, . '.- r, = `5• i�. ,XM1 - . ASF S f 3 ,.�' "tel,� + ?yT ,�4 >M _k ,•Lry, , Li Ifs I CONSR ; RqJ ULTATIVE APPROACH A �;xiarlaptd 1 nL,�nkan;iolu�ous _},;. M1 WORKING TOGETHER EVERY STEP OF THE WAY ■ e will work vrlth you to unuerstand your inventory CUSTOMIZED FOR YOUR BUMESS management goals and challenges +Turn-key replenishment on your schedule - '-I ■ Based on our collaborative work,v%,e determine .Adjustable minimumlrnaximum reQrder points <i the best solution{or splutlons)to meet your specific.needs a Order control points to align with yaur . operational nei5ds } ■ V!e Will collect data for the products you want BENEFITS nTHE managed and cross-reference Items as Qeded, _-t,; ;:::;::".;;Y:•-` :.?>:i }- i<han load tbEr�i iFito our system •Deduce your�arueur��,tiG.rlt Poem. irrdirsct, A.We' then launch your KeepStock inventory program} ppY p urin that vie int rite with your systems arod .Kee our teem fovitsed ori the _ !f nployees dole ratf7er than IupkpdJQr.supplies _ litact with Qu arld yoi,r . Irrilae Ir)v0ntor :levels rlaoverstiji In --;_ .:;, '.`•;j4;>;n:;..::t_•,, t:.. , _5r ';1Ne will stay in�1cSse ca y pt Y. ;-{ ;_y:5 re our 0fin the.best. -of stockduts. t4 nl$�S6SU :-. 'r�vaiu �for+y�ur��ragrarr<�:.:.. _ yL ._tif.� ,�..�>=.�, .�' _ -air .t�•"?�= J =}4. ?ori f•' .t.s } _ yr.•i�. �,y 4 yt.. _.F* 'yY _..�.i.., il:'• k>r�- ;:�: ,k f,_.�:k-'�.:.>., s6�_,.,.� .5-�. ..�. t. ,i '? sr.? 5 { ,�� .y...a. ...i.'F.i3'ii -.+ .k :'i,.<; =.r. {Y. :i ,�� .}7"' ^t �� ,�'�p.S'• ;. .'mss._ 4. •��. M1'' .'•i;!:' ..r. 4�, =� 't 0'e 'rC�'=:=?rt.:`k:`. '�R'=•'''::'.-'::'.":c=�'�._L .� �i• •1 { {�:' ��'fi;,+,ry,+ ,..I�,'.. :ti , : S rtrt: 4'.+}'srF ,ci� i•_� itw�.�.it, x..� CONTACT • - F • OR yzitl --Y. -OUR KEEPSTOCK SOLUTIONS ... . SUPPORT TEA'M .' ;'eee:,": e ,., . ONGOING SUPPORT ervat customer care doesn't encs after your KeepStock soluti on Is Insta l led or implomented.You recelve rellable, Ongoing support for tha solution or solutions you have, : f Just Ilke always.There's no cost to you for support afterthe solution'--'no unexpected fees or hidden coats. Simply the Support you need far the inventory you have. Get Great Customer Core frorn Knowledgeable Grainger Reps Your Grainger Rep Mil help you through the process of managing your MRO inventory.They work with you to set up your Keapstcck aolution and provide continued support during and after the __ _ ;;`,•k.;'v. ` s: Installation, As your Inventor management nasds vvolva,tho}r help you add and change Item a. update program users, run reports. perform general program malntenance} and more, Dedicated Onsite Service ire resentetives With mare than 1000 Onsite Service Hopi senvclri�;: ' '°�, F-v Grainger-Managed Inventory(GMII)program. You get customized knowledgeable support far your program. Tfray make sure:Y�pur'.::;,,`, have the MRO supplies on your shelves, at the invsntory. levels you select, Plus}they check your Inventory level .onf�r� k ascheduIe you both set, help put away reorderEO protlucf and help you find the products you may not stock but need from time to time to keep your „n:;; ' i.. `:J .: _• pperation running, Helpfyl Iustomer Service %;w{ F • Pralding.6xcoptional customer service continues to be the hallmark of our busirsr�ss. r As alwys,you can count on aur Grainger custbrrier service- reps to help answer your .accaljnt and Invoice quer#ions} order { js cea returns, sv4rrce pra items and morel �';.J.g�'�'1tf4{}�:.'�?.'ti .. •�`�' :�c- :. Y..:�..,�r;.i_�' -},r s� 'r� ��zr' ,is x�.�.M1,. ;,y,.. .t •rrf; '��i-:. 'fir}R ,::�4.y'�i,Y:' .:j C�a', .1.i.}'.Y ;#}.'t�''"'y �•r,�#i, .x y_. t`:. ,•}>; .:{t'. KeepSto :k , 'E -J{`''' ,'Y}Vf ti'" titY '• r 'x� MOT191KV1 J3LVLMlury 8olu4aa r� �>'F�r S't :tt .�'. 5}yw,jk.s r�-:}.'t :}':f '.�" ?i5� �i.st�_"'•-} s i? Sr��M1Sy`4'.Y-- _:f M1.i�o-r i f.��4�...'.t�.f.z��.k •: , •. '� `r: �5J�.•+� x._'•�sk,4i.%rti • ,�"".:.F =v,}..:.�'s'}.i#._''.:' '} .•t' '.5jf':' 'rs -.p`.. '.^�S. 'J�•t..�xr�.�r.'� i} ..y}.*'}�{�.X Y.Y >,F: r.J+�.f is:.:'�'.s�.:',t:. ��'�S._. ...'.�•.i•,�C>' Page 55 � Y'�ii 1�y��'y� r+>'.{i.5�ll.t��i~':M1.':..__:•i�.k''rl}'t.:,�`,-};.+.'. ?.".r": ", '.,v" 3j '}'b�s•�'�R_.�£.}�_}'S�M1+� _,_'li y.l��.._'F':},+.. :s{i•:is''•'s �':j M1''`s��'� s �-M1'` �;- rr r t• iz'��iL %. �i.}� +..�7}�.'"' f,`.' �yy .:'rl= • .. -!};y¢: .r� t J ■ 5,...'I:v� tun '� ,n� .'I .I ii.: Y;{: .5 { r•:,,;•-'.'�',.7,....�,�:s}* •.Y,'' i rf} 'fi.t 'Yr ._C,'3rr "'r'`:•'F':'�'r.k-.-..tit`*�.1 *1. �";.o'�.'';i :s•.f; , !-'-'?�;;+:�,'. `!!y�.r,. .?„'-:Sx'�•,.;:�, .#�'..5, =>kz'.;t:s��'Y.�:.:;t S} - e ENT' .. GET ORGANIZED :.:'•+ , :F ' c' -Up tv 22'lo of Chia time, rnWnterianre employees leave:a.st a a m` � 1 4f. , • the proper material or quardlty.*Plus, If products are h1y6 1Qrri` 'd in.rFiulti 3 ,N'q,;� Ioaatlons, your employees are spending a lot of time puttinginyeo . . ;WE By co nsolidatIng orders to one supplier, you can More efF btivel your Inventory—helping your employew gat what they need;:h6:-f[,rsilri1 - E1 BT}'tlnle, ORDER FASTER • Poplenishing inventory may involve up to 30 steps.5 people, 5 hand and 1 approval.”Then there's the Issue of ordering more product than you';:'':;. nsed—60% of oft-hand MRO Inventory levels exceed a 1-year supply; ry# much time, money and space are you wasting? sx REDUCE EFFORT Ordering, findir3g,tracking an replenlshIn0 pmdi irts takes tlmp , , , ousts: :k money ,. . and takes up a Ivt of space. Ha vIng muiltlple suPPI lers iust compounds the canfuslon, so finding away to conaalldate and simplify-,d. # step of procuring and managing your inventory should be a priority.Thirik:.. :. about how much Basler your day wouId go if you could procure products frorii..:_:.':` I supplier. And, that 1 aupplIor could help you manage and.arganize your Inventory with the best Grainger Keep tock invan#ory m�jrnagement sol utlon.. for your needs, r<' WHAT . ..... .. .. . KOM G" YOU WHEN . YOU NEED I-T., Y= �:yY1{ '.v .. '+{!'�:,}_,�:.Err '• -' �}--r�T. x5' a c x _ } Yr YY �. .•rk=rr' ;3'-.. 22}},,.'�I i I AUTOMATE YOUR REORDERING PROCESS NAGE p�r �•'L ff ,�i5r. FAST6w.4R AND P0.0.mAS11mhRmR OPTIMIZE YOUR WORKFLOW FROM PROCUREMENT TO PAYMENT Work more efficiently and effectively every step of the way:`lake control of your Inventory spend and budget, improve your processing tunes, manage your inventory risk, and receive detailed Inventory Information to make decisions that help improve your'bottom Irne.Striaardine your entire procure-to-pay process by iMeg rating your KeepStock purchases with your Internal purchasing system:GraingercoW or your oProcuremant system" Grainger Order Management System Helps You: ■hvlaaago ono sign-In system for both your on II no and KeepStock Mame •Create up to 4 levels of order approvals 0 View your order history for all your Grainger orders •Set spend limits for multlpl4 users •Track the status of yo ur order *Change deliverer j nforination for standard shippino orders � •9i5t ardor app raval Controls +Reueive-order confirmations k II }}tier.':'{ :"' `M` .4,CAN �4r_a �.tl_+.' _+ .. . �:.� }•!' ,.earl f +�'"' ._tit, •'}�'? ;? f t �L f :i.'r��' ..#::f1�'.1 :�•�i',+,'.t;'.'+'kkf.'. _{ir 'M1fir' *;}`+ L. ''J";Q',` Yr,: .54. r- ":.M1M1_ _ •'' '.�-•s �s'.5�`r. a � 'M1 1 �}-V''M1'1 � ry ��-� '..�>��a u%��}a'y�.�,i�.��}�k:�•r'#.',r ;..n�.'r;: i' ,. ."�}•'�#,�� 55�4}"f`-�:�`•,' 'alp �'. i. .T1},,7�'?'.^1 �*•'l rhr}�,�:J�t'9. '�+F':'+��'_.}...}Y_$. ';1'.`.:r55`..Ott�.. *, r Y}�I �; "'� '�.4'}x-{Y:'S. S.'k. •.S}�.��b.'�.�;.r�F L':v5tt i '1Y:J I. GRAZNGM. KNOW THE WHAT, WHERE AND HOW MUCH WITH YOUR INVENTORY ' P_rswai-{t�'� '��5"`•;.='i. f.-�:.'' C��, liy,'}`. �� Ffs �-;ir ;w�',';�;�,. ' Fw`•:{f,,'t�� f�.�'�'�:1-1 iz'a k,,r i5n x4'�s.'';� �;f.��. r�� , 9095 W""ATA I 'M" f ° r s , i .r rFy` E At";h I do" 10 NDETAILED REPORTING HELPS YOU KEEP YOUR INVENTORY IN CHECK KeepStock reporting provides detailed infoernation on the activity of the items being managed.Get usage n..» :7 77- �� T:•.. specifics Qnd track purchasing hlstory, quantities, and total Y. spend-Sort by transactlons, coet centers, employses and more. Get the Information you need sa you Gan bettor - monitor prod LHA consumption and receiving activities. KNOW THE VALUE OF THE PROGRAMTO YOUR OR13ANIZATIONVt You know the value of your efforts goes beyond the day-today activMes. KeepStock reporting can also help - f" you measure the total value of the installation•--'haw we are - - - Wping your bottom line, We can generate detailed reports for ycu; showing how you have helped tike costs out of managing your Inventory with your KeepStock Install by reducing epenses and waste, �'2r,'r M1'r��f — -� .+w-i.��,��t'��`��.4oi+v. 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That's why(;singer offers.a.va'riety of eepStock'solutionn—b�-C :use arae known that ren Oil aofrItian is rig lit for'every busirEes:;- Grainger Kee pStock solutions are designed to hefla you . control costs by: Streamlining prorp ses—saving you-time and money •Optimizing invc ntory- --saving YOU morel'and space *Improvirig efficiency ilj proCiUCilvlty—saving you time t +Reducing stookouts—saving you tinie and money r CONTACT Your Grainger Rep ' ALL 1-888-753-0019 ' CLICK grainger.comlkeepstock Lry. { x, .X' -tk ri5r'�y 1fF�`k �5 � � T � �� :#X3��.,yr�.�ia.,3:. •. * 'F .f :Y ' At'.�:;'(`';i_kr�: 5. } Tr iM1•: 5 'f.{Y1 .:ir4.�nEf.:a'�'�} �cfy.+�� • • � ■ 4 �,[,. S�t�: .,.. s<61.;7;?�:dxt`-''r$i� 1 L; r: tki: �{- ; 7�r .k--J�10 WSr �4 L r: A, Kf6— 1� 1Y. E .7, Is k U!gl V KeepStock, A Y-Unged Jr.�rr.-y SHIA�:ai 06 4. c -P 71 J.. Z wl. GRAINGER.COMNEEPSTOCK 1-689-753-0019 G a FOR THE ONES WHO ISET JT DUNE PUTTING YOUR INVENTORY TO WORK WITH TOTAL INDIRECT MATERIAL MANAGEMENT a k. x. 5m IEII a ' 4 yell pall a a F C'Sr :$ `r l fi ''s?r t.Vis" _W Y ;i ; s{. Y.' r•y �=,.! 1 •r- r�zJ_c !xS '� - .$`.:-'�f S':�,.,'-'.:'�' _ `'er..� �' -�.y}-x. �'xi -� rlr; I l �'+: 1.g;.,L- {�i: �:' Y\r •;sE.. x _ �( }. �.,•1sF ''r•.�^} s5�'��' �+Z.: y{' .f:..:,jy.�:YFs �4- '✓:.5++r {_' f"ti ..fl x. :.` ,�.f'Y��r rv }�t,kr !- i tE , ;'JS 'r.Y45r k:tG'i+ti. i }r b�:' .,r-, ;�' - '4'';+"r'' .Y',r.>- � - '4- � r:• t '".' .j i�Y,rF.�'. .,. 'S ': r'}='. fii :v, y' rq{ � .�. . :z '`%ftf:;" '- ::Z'lllr •�d.',ia�'i`. .- .r,.t' r. z}r' ,7 i fii:3'Y:PfC;v'; -l� qtr.,;: +-.f.''�i.�y r�•� � tel:'. -cam ;�P: :_s a=�i' -�' �,1;� � �",�,�[r��- •k>'�. � -;? ✓.- �=��;� )-�•:3:;k .,L• s t. "?'-�, l-�. F. d�'=b fni .�:'.i_}' A �5 5'w u _;LW,�t•:k2i}.Fr: � _ ;�.i.L r-t�,r ' c1S:r.rx ',.�;�-�f:.,l� .'}�'� �Ck +�.' -� 'r' -o-t..t�1'� s".5� .y =f.: �4'rr�y� '�l. f�'Y: 4` �� S :.. f, ' �.' �- 'la' c' 'c- -u „^ a>.r. I._.��ts. r•r-.�' -x. 3,'t, ;k' ';2w. : -'.��: DVC.'•fy �t. 7r��nt3,°'.r{':7`r.'s;.1.r{t=';,v.',..y1�!Y]�'x-'•�':�yy.{,"2�.}QI..:5i�_..r.,1�.:� Zr.}' x. -n:.n r„•,s7 •�;�;.5 .' 0.0.1111 aa k '.r�P;'` �"�"r r.,s>' b{ Fxz=�' �( 'ryp*r rt 2x 2}.''�'.�' K ! '2 :�IV,�tL`�1P :3,�r,w�f��;:'.:'•4 T ' V.- '6-4.�• .f;� ;�;s� + , �. �1�,.7 a'f �c � `^'r!4u +3t;..�?:'�-. ' 1..�ti- f.kc_;. - DbNIPLFAFICE . CONTROL WITH INVr=KIM Y. QVR ALL : PAOGESSF.S VI$IRIL TY 'INSI{3HT NT TO INVENTORY FROM DATA OHANGEB:' &FiEPpRTIfdCa INTRODUCING' K p to MANAGED GEI MR : Ho ojLaa<ruw�a;l,at PERSONNEL& 970R0300M SOLUTIONS KeepStoak Managed MPO pro-/Uc� dEE Jiu,ted, expert and onsrr?support s-,-Vlcos r for both r�rnge srrr�non-(i),ab� 'pradtoc€to 1-4p yofl SBVF 0-ne arra'money .' ADD EXPERTISE FanefItfrom Gralnger's MR0 P CRI=ATE ACCOEJNTABILITY Ensue material maha.gefre { + ' ' ---product knovuledge and inventory managarnerlt skills, tasks are complotcgd rrlth preclslon and of denay. ? ' I.NVENTORY SPECIALIST MATERIAL: MANAGE.VIENT'toreroom Support torergpm Operations : < ", 1�tor* Y €erris&-Plucesses k ram er stems k pfxesses :. .':.". R,0pl0h)shrrlo_rit++.Ispuanc�e . Re�7uisition Mara emae :.'. y :., ::. Data a Doll ction`+Ana y; ik Suy'+,°uou(cing: t I �Y. I�raGure :. . erkise InvIi#o O fimizatinri. I:f • +5't' .. t',}..,,:.,f'.•s....l(_'..'...: i.....i ... ..- ,.�.:'...:-...-'c, i\1i' ..!- .5' K.. ry 4N a� I - l 11' d r T RRi4L �X 4N$E' L�VERA/�f hJ T4p� NVES� WT:'•` `.t[�CR�A �� ., Fv r!?:1:� I � r:: yot f0[1F I�i� i7t�►y� work atl 15 o�}imiie Put t�yp;.f{]�''aL LLyu�1��Jyryli Q i kL `'ri �It k' t[,}y�y `� s$ :.}. _ 1 V• - - . YS 1G F•1-Y�.. k' f,'Y ]�..ti*.,";i'.fs•�,•'._' CI l� Q f i�. ,r.34" ]Jr :'f'r-+'.• 1^.''.'�":'J.. 1T�".- ;.f4.C:! *i:',' J lF1l30 f�cLP1' .. .: '. tl k1� �4 :w' .} �lr{ . *f r` '-•`vr �r i.F, 'f:. .l. ,:1,, .' :3.� x1} I+' ':.��::r'YY�x1J ' '.�., '1' t. .' 4 }} � ,¢z k }�s., :"�. �[a�''� ;_'s? _ ,�i�yxr�}. a`.:k'„'.r �:i: �':�•�';? _ :'��' `:�.-..:r -'af.''!415 �v-.F' �F'��k �Syw;•� �3, •'.�'E3�:. ^'Is M1l'i} ,s, ,�"� ?�"'�E,^,:�rM1'`i': s•�:��:"�y''•'iw.�:r" ,#..{h.�ry. .�k _er. 'S5.`}�::i'- .�°, .r..•�.r"`'i-$ '1 -'. �,. -k}kk� ,_�' ti�., � 3.'.s �!{ y+ 1�5 -Y213 l �ly�:. 'ik.�'_y„ `'k '' �.} •rY��- 5' t .�, t, k :';t�r'",( ' .s°.�'}r, ` 'Pti '.. !'-�'. r. �+xva-'' xi>�;+�:�:n.c, -'x;•,.-+.x T :. 1. I v4 f }y''.k= s... .. 'a r"- 4 , _ t ,: .ti,w'�l':'li p=;..i'S=:P. ..i,.{r)':;t>,:'.•<'fi`'s"•.%;tlr;'.r- ;.r:`r da �3`��`i�io "' ' �•' �5 ��y '�'��].1 .�'1,�}'C;�.�Y/ ,�!„.�'..-':- £ r3 n n� l�` x �:,'; � tf �"- �f ?-r f�;'3k�'_r , ''�'-i'� '�.?�,r� �:-,•;- - ,1i -contact1 Iry'•.'.:�t �!�t: .. .. 't..,,Ss�'�'ss Y 1,�.t+� C RAI N E 3kpstocka VENDING Ke4. Gv r` hnagedlrneir6nry F5n]tiL an ;.•;?-;.. ;- ;controlled access at your point-of-use Io ations. s;; hi- N::. f t j jF ON? W 13 rt:'��'� •_ .,..,P, .11dd''s�{"'snEcyi a'f..:ri f�'s•'Y.�{x'M1 + i�'s~� x^��•F.t�tti% .K'"''eP V 5 �`t'6'S�J}j �4 \r{'{.'.ilk;� ,�r�1!�`'t :� '�'"M1 .. �'•:ti'�h':��+'1�:#_��: '� "i � .w F:'O.`.7.,k�.�s�i..',Lt•='1{ .fs*'.' �� .�i'�'��<.�¢,�..-L5L+�� ' 1�.;f..'yy#��q�k7�fyyf+ax,��,3Cc p.•�;�,r �� __ z-�x'y -�`�`sii' �� . � i,';ffL]�fy.5y ''•'��h'4+i' M1 k+t M1�'' .� '� .Yy�. ��i}�L�� o 1, . Go Intact Yo u r G rat Ing ar H ep, Cal 11-8 88-753-0019 GAO T� .F•_ r F J or graiinger.com/keepi5tock Tf GRAINGER KeepStock- GV - t1 L18MAr1 I 1 inx'[dI)lY 8al-.�'�an .r " Machines tiring visibility to usage by depailmen't, em p[oyee, o job--helping you tale costs out of OUr business. i I k i k i �FP5io•k WHAT1MPR0'kPE COST AiCLt11�GY'.:'��.'.�;:r,=::{'; ;+'� 417 availability of key b job,pie artme'nt, prod uc'ks at point-'af-use Y P rothordi3fined.param or where ne€�ded, R IIT FOR RELIABLE DATA:.+'.::,:Y". CONTROL ACCESS INTELLIGEN I=:w�ttr:'��GUt�ti�; reportin6'ar d trackirid::fo1'-b tivi �thout requiring a I YOU E stafFel.supply area. I forecastir� ariIrinijr:. is Ah REDUCE INVENTtlf: E ;1}D ':'` ` fi'hs' ',; !' INCREASE PRODllI1YIVi7Y through:€ontrailed-abtess;.`; by reducing the time it takes to t r . . . +,vallc#o the.supply room. resulting in raduped.lgs '{ { AC L[iITucOeMsAtQTcEkoOuRts ErrMd.Nb 16i.f--heliEM LDYEAC ACCOUNTABILITY prauat transactions. i , r ' •ki.1 M11GRAIN ES VENDING � M1. v 4 The ideal choice when you require controlled aocass to i consumable inventory, as well as durable items that can be used and returned, I 43 CONTROL. .z G 46 41 f u `.: THE iTi.etiTi i F� HOW i i wY iRri and in real time. Nora fro:, kno,rr =� Y f You need 2417 access tO key Grainger works urith you to identify ou'II have the right the el P ;{ the right quantities,.athe Cighf... products—when and where you items to be managed, and select time, need them.And,you're looking the right rnachine(s)to do the job. to Increase productivity through Your G rainger. Inventory We deliver and set up the filled w improved efficiencies, including Management Specialist xn+ill placing products at point-of-use, machines so they're reedy to use the machines as needed as soon as they're plugged in, your usage pattorr�h.. THE ANSWER Employees can scan#heir ID badge :' `" " s'`•'; fperid less time searching, mar's :',;: .' crer,terthe irampldyeecode, `r,S tirrre working with Carainger Vending use the touchscreen to select the fvi . . ( }solutions, Our maohines can item, remove the product#rorn helpyou reduce costs by setting y the machine and log nut..Ws easy, :Ilrnits err quantities,shifts,j } reliable, secure and controlled. or.#otal'daliar value spent_ Ifs .'td control pry ucf . ' . ntities removed re a Peat way d Items anti cfua � consu 'tion too. Plus pu et auto aticall U Ioaded so-.01A-Can- ,T;;f. detail6d:jnver' or reporting td help rq9t4as'y kno ing.re�lertishrrreht:: _ e onrbud et;: d accnratl ;:=.•,. Y.'¢ x you:l7etter.rT!anag orders are process VC +� .. 'y'� %y'_ �'?,.,ff _rt'x�J'_e. .6'• rye' ','I'x• YtiJr, r DWI`.'r GVGRAINGQyER VENDING CONVENIENCEN CONTROL i Ere+el7Ca7:Jo0 � f!A'C&htllap i «I V�Sw r I {yiornP109 prdty r1. KeepSto&0 Inventory Management You nood the right products, in the right place, at the riga time to keep your production producing and your open Ions operating. Because Grainger understands every Irivartory situation is unique, we offer a broad range of solutlor7�that can help meet ecific requirements for your business. THE RIGHT SOLLFTIoh1 fix,r. Effectively managing ir7ventory offers a prime opportunity to help take casts out of your business. You cheese what works best for your operations, > Manage ityourself: A srnarLp hone ap p and online re or[ing fools snake it a snag �b Dedicated Grainger resource: nsilo support for more corriplux inventory > Vending SOILEtionS: :'}}:4'=_z,` ?417 conlru]Qd consumption of sast-rrovlrig ;[erne ' GET CONTACT lour Grainger Rep : LI { raingenorh/ke stock Y" :¢..,.... TV,,::.F.,'::..{..,. g t :I ;�n'•; .Ch' � b �e-".�5-�. �'rF WY �YBvl pl;g,4?0.SifyC�Y']�'If�: wujj.%L: 9i an ,n ok,VfiIP,719. .a'. ✓.F. e- .{ r'k�M1 sF 1.3 t II 1} r , r r ? r I ENHANCED St Keep o ' TOOLS I— A rIer4ed L"IveLuaL3_8olut Do CUSTOMER-MANAGED Solutions you in control. C M I INVENTORY <; Web-based tool provides the flexibility to manage your inventory your way. Seamless kinctionaJV across rrroltlple delliees. F1C0 M1 0146)USER I } Y`l`. is UISC�Nr1NUEp [Ea1FJ4 MS a':.' ; `'`. CONTACT �rJ ?fir i� r -•�k��;l�o-'_} L .y r d:�r your G NM,CAM CTM Js kCUSTOMER-MANAGED A 34nr,god MuRarp sduLjWL CM I INVENTORY '. w:. It's inventory managernent +cur way. You call the shots. Now you can access tools and data that help you create custom inventory solution,, leaving you more time to invest Lack into your business, WHAT WHEN AND WHER YOU NEED IT THE SITUATION HOW IT WORKS S KEEPSTOCK CIVII TOOLS'.',-%,-,::;: You want Gompl-ete control of $can:Scan the barcoded labels with , Search, add and.: managing your inventory—on your Android or iOS emartphonet and edit products your Schedule and handled by send the order. Need approvals' We'II the employees you choose. help you set up your program to have / Scar, to regrdr items.' You waM it done fast and with multiple approvals used on your needs, ,, Print liabela:' data to Lack it up, r Order: Reorder products and reduceDiscoontinued',ito. ii''°:I: THE ANSWER manual errors with barcode scannIng of management Keep-Stock SMI gives you the your stocked items. instant control,flexibility and ins . . i Find:bea[rch the online G rairtger ca#slog and're�trrc#iaris�'`:•;.: access you need to effectivelpp or rale er.com and select rcducts# rrranage your inventory at no add to your order—all from one sou Me. :_ •'; :;yew- addiad'cost, Ma a e: itinventory' :•r.°; _,'.{:;5' _;;# '` i . R �. , Add eras#0 your inventory program, edi# users and print'labels fora '.. your bins right when ou'need them. :�' ," .. ; �.M1 F. .Ji.✓ 61 AU £ . 1✓3�f79 . u I .erg r�fable 7f yotr dory 7 have rripbr�e access, 1141`11 J i r; Keei� CUSTOMER-MANAGED C I [NVENTORY .S Fdnrgg"rlrmr�6m9Eulu'.:ul A' U°ISE INNTFL Metal Screw Flat# B In L Pk140 A Set min/max levels, print labels, edit � III�IIIIII�IIIIIIIIIIIII��IIIIIIIII �� ,;:°'}} products, scarf to reorder and get ins'cani i r b1in; 5 PK11Q'� Ear,, � ibb'A13 access to your MI program on your terms. i rdax:10 PKI,0' cRLnluh clod . y .h. f{ +h. 5•.lh .r4 i r. ,=tT i j?tip sr 'sew x � C FOR THE UJV!3 Wj w no AT"40SIAN IT FORYOU100 $IMLIITY 111Si1aILITY: The technology to manage Easily adds edit,EMM your raingerInventoryIs IMMEDIATE right In your hand, SOLTII '` an FOR YOUR lNG$p£NpE1ti1E4I I � * "Aces .yalaY.ole I13�oYy, '` Reorder and receive yourto k init {md.d11 j d.OInger pyo ducts.i 6f6 h@ck and �bdf I v6pry IEW.I APPROVALS STREAM�..1"e-,P�R Set up approvals.and con- e�ri baro n '; I.r€ lyr ,'r'•`_ ;r ': _" trols.withirl.your pragi rrti,. 6eY;I e 0 ck' l },+ '�x., _•c pY-'�-4'i�-)s_ ft•t�,ti�'e' Nom= :�::�'.'.. :+.�.�ir- ,:yi.-•—Y �y!�::3' � lad r_.•;.t rte y 'rf.l a� I�{In7�c � 6 ,' .4 itf•l 4 CUSTOMER-MANAGES} >;:f: 17e r C M M INVENTORY A7�IdL"H �lus+e,daor'8a]aG:u�. Take control your way and get the right products, ;;..•;:4.' in the right place, managed with the right solution. { �.+rtli-0rl.*A 6V CN" *10A.arr t IS CMI FOR ME? Do You have critical inventory you can`t do without? * bleed to monitor supplies in a controlled envImrirrient or in - J areas with restricted access? . . *Do you keep inventory Irk remote lacatlons and can't afford to run out of stoak7 .` •Want a better system for managing and organizing your critical items? KeepStock CMI can help solve your Inventory challenges. 1�g Igp��j� ��+a AR E CONTACT your Grainger rep CALL (888) 753-8019 VISIT grainger.corn/keepsto k i TECH SUPPORT y k,l 401 questions after you're al l se•t up? ; Urdedicated KeepStock toehnical support " ltry . { I teary is h6e o-to help. ,S f r` TEHST`7 87.7-6408. er Keep$tb�k.splutiorts-are subject,f4 customer.ai1.�j jllrt}r 4,d-agreeme.# . ' y r:'_•,.:. .{;',-.;•':.�•:4?�,� ,Cit:� Cir,�li fox llesldp is a'r' IateQad tredefilatk Inc:.44T LS5'IU. .. k.� a . F` i?4 T LABOR SAVINGS `.;.. Case Study GRAINGER CONSULTING SERVICES KeepStock Onsite' Creates ar $355,000 Annual Savings Opportunity OVERVIEW A prestlglous UnMwsity had decontralizcd their rnaIntenance services department to better sorve their students, faculty and visitors on the 28-ac m campus. By distributir.9 tho forty mairrtananoe technicians and tradespeapla to four dlstrlcta.they became closor to the anIJ customer, more felnlIlar with the buil dincgo and asserts, end sig Nfirantly reduced travoI time. Tho challenge,however. was that there was still just one central stockroorn and all of the party and 4upplles were regi.ilaltioned from that location_ Because of this, the gains that%evwe realized from bang civse to the customer were lost or.waiting, seorrhInL�,req ulaltionIng and reeelving parts dclivorod from the central stockroom. Q20i3WIN. Grainger, I.,1c,. -ALS45D6 Conf:1ential GRAINGERX01W I 1.800.0RAINGER awn Y.�Q6 FFG,2hc Page 702 of 1743 PROCESS Working with Giraingcr Consulting Services, the first activlty was to idsntify the current f' steLe processes and a8so:IatPd costs. This baseline gtive a roferenee point to model recorninendatlons against. Grainger CDnsulti:ng Services modeled different stocking levels. price throe golds and dlst'Iot-'based stacicrooms.The anstysi.-�W.-W used to bring att of tho st koholders together, including: Maintenance, ProCUrgnlEnt, Finar)ce and Suppliers. Before a sing'u piece of inventory wat3 moved out of the stor.kropm, there was %eldespread buy-in for the change- KEY OBSERVATIONS There xovera sew rsil findings, but two of thorn stood out to all of tire docisiion makers. & FINDING 1-The cost of paying the tech n,cians and tradespeople W do the requislflonIng a n 6 roc oiving of tho parts needec�to complete their rxrork was higher than ttre total spQnd ori' tho products they were it inoocJ of (see Diag-am 1). . Just 8% of the dollars spent by the Univers:-ty accountod for rnore than 50'A of tl7e parts needed repazitedly by the toc hnIriaiis end trades aoplo (see DIL�gram 2). It was also ra ilizsd that a mRJorlty of work ordars veere extending over two days x+trhiI I they warted for low cost parts kc be delivered.This waltlnrg time nvg@tivsly Imprtoted brei order completion rat'as—a metric Important to tho malntenanne department and their customers aline. Diagram I Parts Spend vs. Process (Labor)Cost $40,0010 $10,a0D ,y- .. . . :3fP�feww_'�A[+�i>ors'�'#?y1AP�jsirl�Yx:*cAheiiL`.h°ta C1: L'3 14 O 2 R g) 7d V {V w Ln 1 - q7 f ' —Product -'Labor ,-�2018%A1,41V-Gralnqe:�; Inr- —'--- �-- 2 ^-' - -- ---- � Confnentlal Page 703 of 1743 RECOMMENDATIONS After careful c,ata analytics and the real-woad input frnrrr the mainten-ance tech nI-ians and & IMPACTS tradespeople, 0rainger 0onsulting Services recommonded KeepStock Onsite(Grainger's rinique vendor-rranaged inventory soluflon) to stock four focal stockrooms at each of the districts with frequently needed, Inv-dollar parts and suppliers-With Iess than+300 unlqua SKUs stocl�QJ: stocklnp levels were set by evaluating historical usage and factoring In anilcipated seasonal fluctuations. • impact, This lgvegtory sDlution was nicicnarneJ "Grab and Go" cEapturing the Changs froin laborlous requisition whloh was replaced by free Issuing to v-dollar parts. * Impact; The University estirnatos it saves 5555,000 annually in labor costs—tme which ias wasters was no%,,,raallacated to TIME SAVINGS revenue producing actly ties.This time savings was equivalent to for technicians wE4s equivalent to hiring three nevapSto hiring people ;� c*� 3 + Impact.The same day fixos for wort orders has improved by 20%,yjlrich reduces the tiine to fisc and Inureases custornar satisfaction. new people This solution did not change the amount of rrroney that t h o LJnivemIty spent on parts end sup plias year over year. It s;mply put the parts closer to tho asseta and the people. By using Grainger's KeepStook Onsite offering, the customer is also relleveo of any replenIEhment activitias and yet th&y retain complete oversight through G—,ainow's glectronlc apprcVal process and ciotailc-d r?porting- Diagram 8% of the spend is creating over 50% of the transactions *' x #CSF SKUS SPENT} FREQUENCY itkveiitory ' Requisition z�u'�K1.^•f i3��J .{1+vetOnSlawso,,t (,fj.?Sin))$cttocusta-nc1-i-4R9.604yesLtsbkho ~y.w. O'I- fie c� r3557?7f;!'J f;nrlL'u&,,ed by C;C;Fr)L)1 tl7,,`3ervi cG 7 JrUi.'n!6q.rao-morli 1 fj-egU!gpc-,y C7 f1rii;of Gra-tiger,' erso rW rf.ru7vrr_es and othor iu,g)-e�,amenf& F eG ufts may.,.,IC1z�]E'.}�jDiC-� Gf` "f,71t;2:f ief8. I , 4201&4^!.4^!-Grainp9r, I;ir;- 3 -- � Confiwenrlyl Page 704 of 1743 Let's 'et cohmected.. 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F gnnbfiAl .. :hnLferlal:. ..Tools . .. .. 'MkiE. TNserdy hN maElaiSl,LLC' �nISCFI a: .'.dYolEarti 571E71t Fs[,Is:• . WPF rIr.enL1+9]911er tlnbfa'med. Inumbvee rd 3E :Jl;ra'ful9'.3a"leba U'a Llhtlap,UAra;al,d ki ngAr:. Inshg§r,63jnm ndet..:.Hk4, allLy :LlRF. .Ilniwaltl r;oLiLlc '.:., "Urjlr+afd :'.'. rlon iwx. rtl-Vfslding 61RF �:ern9t cr,91 Clrrnl �ri Ftt,tl.It;'. Pinkk7x Borci:llFy Feil dr.,Ct;E;Inas :}:ox„AdhasiVC cllx: cu IJ A'adi'.Iree N3= V O Ska:r•7clnps"y F ilrc:I71n asls4'R:rurwra 'VI K. J4inr#. . QLR;.T$m-lL'' : Clac'niivy : . .. VE P1nTrn;;'rillr.IVilre' ':4YalrenSaill9 MBF ,IS Pmd�cte FIr.e.irsn,fiend-Er-Ugh Tccls:F1,11 W iwlrk CI9tfb.dbe Keily'Rant .'. "14eIFjr 1�9eS....' '. fG;r RrotlLli:tg: ' . 1,BG Loan 11 Da-.PL rcM Go9175rsat PLrnps -_T{rn;Inc rsarfel r 1uTT:A W131- K01:Lcnlstic;; I'•emer Tee.5.ulpriwt l'BE'..vje6to' '. Agana,Dprk ni?fL 443E Lave11§'iiOmkdms-- KDIky.''... T{'aL L'R-le' .': ..' %,A} E !rlritnry TO d 14hihlo'p Ti If,I 3p9c19J Tepa VOF Ltony'Gluur• Nc Brand FlElid lrC.ec6m i*= !'Joosfer.PmtlL-3t.Inc., VimvdwProJLICLe• : safsi) " .. C. ■ i ■ go to hltps:/Iapp.suppliergateway.con-Vgealnger ARIe W.W.Cral-&u,I'c, 4v-Yr:Ffri19 t2 SEF63c1 Page 706 of 1743 .3. GRAINGER, �: _:qty{ .-".r .' •S — :.•'II__ ' i� .. 'Tw -;.v. _.amu r 4. 2018 Corporate ' Social s Resp n Y�bility +. Report www.grai11 crc;;r,c0171 —J4 �iYta}.' L'M1 'tC�dF'2 Table of • A Letter From A Letter From Grainger. At A lahce. -Report Content Our Chairman Our Executive- - About Grainger Metorialiiy at Caraing�r Index I and CEO Spohaor rJVrRuRh3esa {1hirAFpro�ul7 &if Hoe trh 4rekaholdet Engagement 0Ur C+r961�E. t1 WBr1dht� ML-I;rR . our ritr UqV A Uok AcruS,Our AhmirtThieR�apari Valui,Chain y got Vd /A Operating Valuing Our Sustaining Our Serving Our Responsibly People Environment Communities Commltmentm Workplace9afoty Our Approach Dili sterPreparedness Hiles and Integrity Safety Pc,-orrnance Our 0petrrH ns and Fleapanse ausineaa(,(:n:JI;!:1 Saicty Ctd-ure OLIr Prn!il�„Ia Cro=3 (3r.id�llnes T�hn�fAf�ir�C-:r 1,1ki,�tio�� F,I'das—raining Systema and Cur SI,I�;Ir CI-617 Parlor-RI`lps Aml-Dbuy and Our Operations Pduon lon and Corruption A Pie cetoThriveC'ee'd)pl,a.;Ges q;� Workforce Development =mise Ina Team MeniWr - „ Giving tewardebip in the Hy.n�rlonco �s y(;fnlrand ,lase .Supply Chain ?� rxiin3 Cfticivncy Team jierrihr A:;Iva-ion lolr-I Rcu�ards Suppler Ccra tyf Fktlir:fl Local CIV1c and An h7olusive a•ui Our Prpctuets Sr ppfer Divers:Iy 7iuere (Ivl'.r,rc Commurt[ty Engagement Hol„Ii(a ;;,vston-.crs Reach Suppl isr x,rd 111 .Sustninab Ily Uo;Is MP U ft;f'col,ru n CtricaJ Svurdro ❑7d•onrr,3n-elly Prefyral,lo ';n,nn-unih;3rrrrr Nrqlraln Maximi-riiira P,',d,,lct Pr(x:-x,[%4'PP)and Sewioea Soral7g Our C;ir,unuYiIUIG�i QIJ,H.ily Irl.our Prtvatc� ,� k n .^.Illty Painirg murk.()y Labe' BrHrrrlH A'crvnd bo�lbbr� Our Supply Chain Corporate Governance Uupv y t:r,yir "'.cryvardal7iD .,icrler7..rcoa'Li ir�:)I;r T•anspurlr-Il:,r ,',��rpnratc S�oial tics}crreit�,lilti G,-!.2manoe V'A 2 GRAINGER 2n10, CORP()HATE SQCIAL RE41jON IBIL.ITV I:IEPOsii Page 708 of 1743 Key Performance Data' CI5 2017 -;Rt 3y1t Qktl'4 A 6L]4fa!1,E . FAH,Nedeu.T.bllb-1 10 10.1 10AI Supp Ie•k - ML' �,'Y., 5121 f roCILINS Inil'0,I —-- 1 4 i.i; 1.7 �c,ki'fe L-Lis-.olTOrs,rnl Ilor, A 3,6 13mineas Fthlu 'cream c'teal-n frombArk hiir:�w on Gl.µ'nasv Coi-I.Jot C3,1i-je,ims 100 anal'd ClitrcirHiEy rAr-in'F Arw*ws percent -1 11 Y8 flacial a9d 1thnI(:al}Oi'fersa D-eorcas, ore 71 22 22 27 ��60�iITIOtJtf,p,t�oST��YARaS�11# �� . thD,th l%r:7v,lcc.r 1L^III Vy Lir1Wg-�ucllUimp'Ior,bill{.r1 Icilr lxatt Ilo:Iru 43x1 4D-I a71 N ;rk'1 Arrarioah COyc amissiom: '.Ii lion rretrio tcns2 J.14 0.13 0111 GI IG.rlenkll} (MT',O,e-'-hIGMovon'.ie) _ 15,1 11.7 12,19 tJorl .;rnf nr:r,l :;toter use,rr.'lior cubic;irrr;lar — -- O.SL 0.51 GA7 nerclaw-lc Fr sr,-ly NIY;c;I M 1,rni111on k 1,-wall un, s - - ,5,77 Distribi,fah Crgrltr-f M�j;.l-rork Rc-adinrg Rn'o - -- - -- M {.. X4.7 I.FFG-certlfiod space,rniIllon sq,%iara feet ,3.6 4.2 a [,F;r;C)rl x}Order Gatto I. rl ',3;i 1.57 '-efernlof fel- ;H.pF-;;(,rt revc.r.- o. 6,3 pE¢P1 tAl!p PLJrP0$O. Safety, I ;;;t Time.Incidorr E:j%' 0..'. 0,3 9,4 1�i[Rl HH,vrdable r:--idcrl f;airy - I 1.3 1.4 Wor Ome aumogrMphie U.S.',;rrlcfrr 'kvkrtlJ,perosnt,%-omrin - ' 37.4 J,S.kflfcr:fc1ce IOR;iarr),�:ercent rrvlrnr - - 29.9 U ,'r",fo k-oroe(tolal), pAvArI r;7 ,ial and ethnically r11Vf}r�:A - - - _ 311 kl..; ','.xlc v)(Ieaov•o),porc,anl rFjJ.91 enw,etnivallk rt P.,kf; - 23,2 I Communlly Cnpgelnent I V7tehlr,r 911.2 L:(ii1 bL1tiohs,$MI Ilan 2.2 2.2 11 _untcvr C l pk ralunkear 11XII'S - - 9,004 rt:f rul 11 llY or tlf.1e:�U1116'cR.11 11 J.,!, f1'f:o 019889£aE.A haul This iiynaii 'Gc,e eiTh cl :—ri npym'.ims imt ware Inde. Hiit:i:I t:rii*.'iil r,n O:nlrL4 as.:f-C 14. l Prr 109 :.r frcrw�.ayg 9.546'}1.0 r frh k p::r Itr;:104rE '7 ni n1 1'atk ii' !:cllrlrwiwa@I'r9 ma-naf uti i1 2017. 3 ORA -�(}1 L' CO RPO Rr1'r F' 31)(:1A t. RES°i?tJ$IRl2.l'IY Ftt=PORT # aaiti Page 709 of 1743 For exa7lplp,'u�hc;n';5'e sf•I.p ufders in nrrc:hoax,as c'1 osod a 4;x'} LC 91 Il`}, It SI ,r11fIS.;arllly 1`131,JCa. khf,arT.our1 of boxea ave. 5 G a 1 - mwc:ral„ As a rpsulk t�rnn c• 15 ab'e t0 m<intirr a lovep.` 1�aed s� usape of 0a uc a#o acid produces lo'n'c.r�-;rnissiur73'."woU911 o[ir iransoortation partner8.tie`see rad a sllc:c:e;::ful)fe�r prt�vidirry vFchlm to u-sLomers,'+vhirhwo hiyf111ght i^ mom,dnt ll c•1 page 6, k':-'''-` !' �4 %#��.-4.�S:.ti, r{si 1`N,) 111 oelehfatlnn of our 90i'1 anr,ivGr,;r J.w indarawo'rc: x � M1f f`'�'"�-.;: DUcc}'llrr7lt'r7{:nl lo advanalrrg I-Ile 1[151L}Il al',Q dive r'$Ity vel 1f_Y. rl ., si ;t I joint:.; olhel CEOs by t-jkin j lire CEO Xwtion for Divers ily& u S n` C fi 5' e 1 d i..k•e L R 4 CiC{}rile all .,o a an In;:luvlon FI, � p nQ tolormr•mc, fir ai%'y lype Of 111ap-rca rialu 1,1'Urk7 lu, , r:,lu.iir.p harossrmrllt, irr`irnida.lion or aa..fic. ',AR,are cornu i tmcl a' MI.i"Ilc tc. r,;�ve a respeo'uI and it Icluslve c-.;l-ufo tf.liom ave r#+" l brig flty l i ier�sfary:a;ct fired learn;alr, rr,n �.D cfur fie 1, bring o•.:'r i, Each olhBr, Al.tc; r"I In!,'r11]�i'3 1]ar-1f'.l3nkn II'I tl'a:ll,l'Q -0 skippc.ft 'v`d[:also al: undo,,-m-orc:cur vul` f Vmcnr f-.-ac" year by�flprliri� o'Jf 13jsinec; moriduct pddel:nes,whimh codify 1:11r L earr From Our values cape- vel 1i[.h ktle.coi-.pmy wis huilr. + l �r+lll 11 ,.1 +� I-innlly. 'iri` r:rlc'rsd by tiv-rc;c:c: rlilion we recoi c;(.1 i•)2V17: i ..rr �•# irtiluding; I�-im fraud to share,,'#h yc-.ii Grainger's sixth annijaI Corporate O,r:Inst i-rItj}inn on the Gov Jonas:,i,rtainab'.lily In;:lex Soac,'e1 Fiespons;bilitj ICSRI rep oft, which dc,t�dL the Pro r'=) mrr 1 s J « ,4 firs#- '<ar,ra�legcary rartik`n nr!cir�c'ti"V','arld's P�105t#'..1 n red .- ou'l,ey CI;Izonghip irrtiatives,This par.yo; will'ind no'Sv CCn1'0arkW'for the iiflh ocrsectitive y.uar in ou• fepcirl iha=pru.iido grraler.risig-ts ur.Ind c.ur volk,n-cor * Reoognitican b5j:I*e U.S. L=rivlmnrrlema.1 Protea-an Acgc'ncy propramB,workforce'du'r.ugrap'-,ics, Fnd-)aterlality at Grai�mimr. ,FISC-JA""i:as Smar[ lays paftnw + A pc,efoc:t score on the 20 19 C.o•oora.le =q'.,aliky ;r,(i.,x for the This ropr)rk .rooks ba''� at 2017,whic:h*as a ramar.ca:b`:r',veae for fourt,,cnnsccul've year Omii-per, 'L ene•ked n'.,r BL'th year of he pinci our cuslomers kano . I-),— Hk:orl �f a Bask Plano to b5 urk nor LG BT(, lz'gw ly by tf7elr Gt r°#inns running an the r p^npl.,sp_ie kvllile Cr 2ttin0 t^e HiiTian Hiph'w Carrpairgn I-o..ndalic.'rr aCf31Tp1 ny'W•rer'a ded:oatgd: talorlteo:people cin thriwi.We . 11ig1- rrl�irlc€t on-ra 2017 1)iKaabi'i(V Eq'ialiky Inidc x fDEI), and c^Inbraled Gralnaer`s nnniversEir5y by e"nbriciriCs oxer Ic'rq-standing .as a"rim$;P'9cee to Work for'714z;billl/Iriolu5'oil " culture of srvvi-c:and giv'ng, eam mornb-.rs contributed 119.U1- by tht fdne'ic;&-,Asscn.;inti.an of People with I']i;abl.i:lea and 9,OC':a k+oll:n:t'er hours thm)lagll rioivilles fooused on th[,ctix.iparv's Mo t.l.`:. B.;sirless Lead6r5hip rk',l'a'om fal lilarithropia pll'� r>:)-chi tiler I ren rrd mss r7d'espansa, ec:ucation-tnc.wore i'Croe developmc nt. These?achiok+.,rrlt'rls speak to`ho.ruo character of Grain Learn r~{,rnmcf, arid CUf 811aref-f;nm nihrlerli lO 01'6Ea#p a Cullury 1118: 01.1' r>orvice,cul'-Are axtrnd buyrurid the 001rr Irini-ic. i•1 avh'& s!Ivers real v I-,!n to.311 of of vlakeholdnrs. +,kir; 1'.e arid work—it(Inco aB 608 DLI" f;iv torfi erg loo.TI-is T rna'�e8 uv uniciiin annd i2 one of k19n#hinp:: i rlrn most pi-mm,of a-s I',a�i�yru for you,i•7lvrvst it�3r:��rrgc,r.''�5+e afp proud Of faun pffaf�r+v�3s in 2C'-I ' and cit{}I�r pledge'-o o11r CSR Ihit E.tivns G-ai,iger':; C:iairman Enid CI.0. Every day, aL;r to i-rl mcl'IUers ac, .,),Ai r .allonships'+vith mj%-!Iofrle•s ar.d expririd tw; repulatlon it 7 # rind f evc,r�c, ,,.ca ct_'usted p&rtnm. We understand whfir cur CLIB-CIITipr8 do arid dellver x n %,,(1j.iC")S lc thri' t}I1#;iriu,!s problom-a Afi'.rt; hipflest leve-of o-.hl�)s and intpcgriky. I Iia, approacl, and ixril•rlilrnor't t'a &arviriq c-}stoma m'n kh., uicnl effia-entwiny posslb e also 7a^ DG Macphorson pn .!itive impl cation.;furl [he 8nvirf=nr•I. ChaIrmam and Chief Execollvo Officer 1 Grifi1N{iE'R 20fS Cor;l'f rzWrE 80CIAL. R1-..51?0N5l0ll.11'f' !IEr10R7 Page 710 of 1743 Mi r AII{}�=Jd A.LIl191eNQdS3FJ '1V1:}(} =.1.1. 41 'tiJO } #71 a3JrJI1+y�J 5 1Uaula6munmIddng g L:1s'e1'smo lddris 'sJOLLIO[3I 1:s HID 61slpus P*n WOMeM Ilu9MMcl SqA lut}!W11QMM-)DLJC%-U0�LIO 01-1'8 Sdnc'Ab 8.1001'3:S[JA,17L-"-}:)Uw151;l;olu! 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'"k��,�;.�`�-.`'� �il I LII f3 bfl:;SL,{}I PXIUa�.li: IIRI �ISGA''.i,I.II O$161vRu ..- r•.:5-.. 1-10n.us,a soy 1noicle uiew Qum p q qm =q ApU'Glsno .L, I�:}Nc 010.1rt1U100 101.1;`;p U41L4 "..I{.r.npn5 poo all apI ,Wl c .:` r.� ,w 3 T ut:o Jo�..nRJ;� ',a1.Llo'.sno ua{s!C U_cr moo;my}c}t,;RIFA7�Ha J fr'. .�...:.. 01Mor1']wd 1'}% +{w 8,'E3L jL3 a 1uLld puL^,jp,iab 1,},"-Fa{.Jrl 9CgU MSR 4011 SYOU 10LI9'1-1011'.)' JJL'J JL,Jo J'-}J y)ol ARuJ too IJo 1ueulw1:Jwl 1JelolJle Ranc's!0 9.10peol A_Ilp1 'U.F11Sn5 a1rl�lJ-xa Joi "Ju-1Unu .i,: o Ajo.I.U;d ;no 01 ed+{J/'A_k;rIF}U. 'k:S;gvwoG oue uzp A'-aw1{:l no t,!;anjawl"l to asgsoeq .U;};R{jr3R:x e"AI8 1,LI !LII t;R,"I. `1en no son AIOWpLie OUWUnJ �`�' .f•y� �� ` soue11rL10 uIv puR rtl!IIgx31.11'alsry uur},tr Dq jql ,}y1:}n11!.�IRxa 05 R aft :i`;�x', Yrrt sr F tUDA=l Grainger l Glance and ensure an effortless experience . ■ F. r r lie t ■r and ■ ■ ■ alongrhalllerige5 right with Lhem, and the romparry covered,knowhow of a superio�teararn to serve them best.Whon a custornei romes to ?i'... ABOUT�GKMNGM MATERIALITY At GRAINGER Out Business O�rrApproach Ow ReBch Slake}3older En�agemen# CkurBrei�ds #�l�ferlaliiyf�latrix . . . OUT SirAtegy A Look Across Our.Vafue 0figIn libout This Repo ABOUT GRAINGER 1 .7 million Our business Prod Licts Stocked 5.5 rail iori c4stom.srs rel Grain c:r fw products Approximately"K f��lare� � y on � in ua[egcr;ss cioli as sate;y,matc•'FJ haridii-g and metalixaffng, don -n i1- snrvi-7c.5 I ke ir%ve-tory maf`@o9mc,m. ar.ci to hd,al 51200 jpporf. 0rai11ga, offers nearly 1.7 rrii:lior1 quallt�y in-stocK Approximotol Koy Product Suppliers prod LOS, a M7A-'=.1 tLAVU sB;e8 approa , iec-in cal and rprod uct a prern'urn di[d tal axpnrionc,c:a,id fI ie abII'ly to gat 25k N%V vunipleleorders to c.. terrir,rc c,.0;Ukh? Ij Teel:, reap iheir open,:horn; `roam Members running r-ind thci-- rleop a safa, $10A Our Reach C}rir r:�neli i f[]Cu9I North Ariic:ric, , CUrcpe and As a, 3.5M+ billion Active C'ustomors 2097 revenue Out Brands GC Ci great pride in bringing oko cu�fome,s lop ounli-y pmdimt:.. li�,rn u-�if are design,-er v.;lh a Grainger;;hci-c,13nci r_(.;ucl i a6aytan,� n fin ird,j id 0v?-idof)we part rt a hror;r .>r.lr;;,lit�ri of ou,p1vat:hrrind oroduefs [hal:leliver hig;•--qua.Hi of a oc;fnpoCi,.`ve urnp Thr..-ji,rri Crairi�irsr GIcbal OMMER ID Scwrc;iriri,GG.S), our multi-naticm-1 MUM buslnese. B [ nAINO.R 2018 ( i)I¢f}.]'7A"rF SOCIAL RESPDrJSldlLl'rY REPORT P, p ^* Page 712 of 1743 �F Grainger { a< i Glande Our Strategy About This Report (Soo pe) In [he Ia,'rge:and fragrTlmn-oC N.U.ii:-te,hanco. Repal•and taf;mrffow 's''dll to G;airs;urs-.;nrprr<.kr t oc'al Rasporls.iH iry%t;t;Rl If , r mTil7lEn a appl} Iflrcuchnrt .I a ydol'U. Lllis rvw.c},t i^--- � csa ' r) , Is-mpply rhnin infr-strLICti-Ife, LrcatJ irI t:h}c.� } 011,ct rfte'ing primarily fo'u'v'se:i un th;;ocrrlpr:nye mgc.r'.�per.�3ti(}n:a rinr+deep :,uatolller r .si;i:}rls:'i;},;. I hF I, al k,1 C+rl`a kc l it; ii- Tip ,- . , and Canada-Tfl�z-1.c}prrr~kiDns ol,rre-111%; aop"O CI1'la�$15f a7�I.}IIII!ir1. I hr.-ncnR-kttraoli'';e for reprr'orl. more than 8.� Pe'Ce"L 0. (,rr3 nV6r$ buslne E%% Grai-yc,r arc. Hln;e with gig�. GDP,:gel cap La a;rid'a tyrvelopad t isrcJ rr peroentage of rave rl.i , srnpn of aoar ILIoIIs =arc. irlfr,..;trllc.-llr:7. Consecluon%l Gni Ilpc rti;L;tr<.tr,y i^oonoarltrated r+u•rlkx:r rr f tGnrn mambers.Where 10,the sl)eu'i ic. on g,cvlh in f�lor..n 1Un(.f,caLl , ,rmpc end Asia, =ac'h :; Lhe:; me r. geo'�rapliy is note^ in the relevan'-fw-no-.f;s;o that data, Irarke.a ha.;Slrorig grc.wth ch-w-wk 3,stioa;the rlarke 1.is I%�r�r, Inc S I'Icc 0 7 c;raingar alas s igllL LI'I rd-par-.y'va idakio.7 LtIe corn petition is highyfrag meMeJ. of Its ree;rlf:c.u.ar rrmiGric-s, eller €� �:� g1 c�nIlmpk�7rl, Over khc p7,:i ta'.v years,Gral-%per Iias. s.cnn n shift in market d.asle gone'aL On Fnr vf;itr)r%Wnsurrptl-,):lata frorr I11Areal, Li'yh:lrniOJ3 ao(uss 11 i M RO,andscape.As d GI ial sol-itiorI�,arc: V&rltes. an indf-pcxrdent third ',iar[y. In a d.tic'), be'uo9i;rlrg crrlydpr„s.,nt, valua-Added relal.:,nafllp};a•cj srrvi�[�s F.wrormen,al Health H•-Icj S�fo'y t13- 'eoelved ',valida-inn drive,u:.stt7r%1.9r loyalty and analyticE are,•c,9..imd t)prove val.,e. since _D" frcrl Erlvlron Inta,,fnationn C;orpom'-Iorl 'or I torn,rr n 'umber of 4 ay -.o�o:c}mr.,N;t in this env ronrrerlL. is 2;Voi:y rcport ng pfooec,2. F:r1al v...ra neer reoelvas 0ralflgu cornpeLes with txrc}moc'2 s, HIC3 ll;gll-i4L'o�'rrL11IIJIdrinel r.n ning vari`icfttlon cf iLs Ilvl,r,r rrr lolly prafara le SK,) I model Arid thcr un;ilc,,:;s ascf;,'-rent, or single charrnt_I, modo' ce:;iana''rn trolrl UL. Inc. ("or-Tlerls; 1,ri-cnA1riker:s iabs`, fora:}hlc.). G rpwing wIth Lhese _kv:}rrrdc...ls nl 7a1%z;G'ainger I to average Its scale and advar':t.r3gnr'rIlpply chair. LC aiee:IN, char pI"g rlecd� ;of il:;mistrn-.org, I-or more deAalI crr)Giain�f;r� I fttl'riLt� ;f ViPi,our FaclBook, PORTEUL10F7FRF0R4AAWCEAM1) STRATE01C: IPAPENATIWYGS..(ft UFDo:5111Ler31,2n'17) Gmingor's high-touch,muftl.;,gnrol model I.13Iude,2 its U.S.,Ceneca ane inrel-nallonw bdsineeaes.The a",-r.Jle clianne�online mcc<jI Inclines Zorn In ille United SWes and relonotuRO in Japan.Ea--h ioudilp9s has a speclnc sot c=st-ateold ImpF�ritves rocuscd on creating unique ve.ue fof mmcrria•s. PORTFOLIO PERFORMAMCI= STRATEGIC IMPE=RATIVES EX�=to hlg h-value ae ee snd 96.2B Ser-Ace salcilons aulfd edvaniege�jzAlg'ia=capahllhl�_Ls o. a Corrlp:aL�i-o pricing ee..iom, g(ow iYfldsIge buairleas DOlver an I.mprays eff3rtlea6 1Y:Gr cbe'. X7.8G Ey_-nut.conlple'e business model.,&Bot end--c-end skfueJ.urU aimtorner 30.BLS � Drive prcl'Irak}+e grc'r,tn uxperien� �I.3B � ❑live g•oxwrll L^,fcugll protiLaCt assortment expanslon er,d wstomer aoqulai;Ion Total Com an ' 94, p Y � —OIP.'cmr)Pny also Ircludes 9pe-lalp'Rk arcls,p;,mna'Ivne arA unullucalej=xFcr-as, hlarnslional I—I.d—L%m 11.FAF.ory.rhe cD.Chine.and Lfth A—ri— 1 GMAINOL A 2oi{3 00HPORATE SOCIAL IIP-RPpr+lSIRI -ITY REPO} l Page 713 of 1743 F ' I MIALITY v. 1 + Glance i MATERIALITY AT GRAINGER Our Approach 'Cur 20'8 C'S?roport details our omgm,;<:(•roa)earl~ of t17e rlirriale th�llge, h.:mai7 rinhts. p:w._r anre and serial wo,I b;irly. feu; pillHr e}I our program tifac;ra.t rip Reapor15il3h ,1+71uirr[; T�roL1g7 trig fraTlc:,at'k, 4 e are able to rt r';c:,'t:f the 0:eot o- Cur Peelle, Su:atairlirlg;1:;f Em1Iror!'nr:nt wid Se-vli,.p Our o-.ar opor0i❑w;aIor;g'.he GRI uc•e elelr.arl;s at ;:c.rrnl lrltles, a''la htak a r,.)r-ipI(:lec a materiality n,;:;,ssrrrc-r'.L oronorrlie,erlvlronr-iiWa, �c.c;icil and governa^ae, wits rritirnl:%take-iolders to Ider#ity-x ich a,•eaa of otr CM, program prg-,idr,vr-3It,(;to ouf :;u3tolTar�, ta.irn rriemberc, MATE=RIALITY ASSESSMENT PROCESS invc-;;tor:.,suppliers and rc.o ru,nily parinem.Tbrouch mea rimh, IdontlVention of IssUes T,,)f rti`:atep I-)preparing.L rrpc;t orm.petitive 'rto1 i ^ Ice,surreys,t.7ru sJI'DLJ M,ar.d ons or, nN wiLl l the GR! ndards i11 rrInd Is ideiti-yin:[m -r_tc,•'HI Loplcs, c.cy.wyvrsatic1%B blitr#17r:, 'st,,-kehu tiers,wG;onfirrlf,d rriai-Sj CII Walerial. iopios am,#hQso iK;survs r'a'leo'.ng sir pFgnr--izaIi0"'3 cur curfont areas of focus arra gn°ner. irr:;iy l:'nto new onos. ;i nifit Hr1.e.�orlomio,el-%vir, c;rilal and aorla�ilial an m,cr k''{(, are X0118d to s^7,r:rur 1iridingB Isala'.v, rind�.rc:H.ready is3ue,s t�IR#ti:}1(,..urrle subeantIv.?!ntl,.^mr_ :)n tl'.e aasessments N74rd n#k+rwk ill.eprafin g Mos,) nsiUh-.s in 10 cur cpera-ir;n;. and deoisions of;tak+.hold! rs. The 0l6 al R.nporti^ nI-Bali e`5 s(j?I)CH SLa-•oeros aro the .4 o,nrrlpix.d a list u.nea,ly 100 w:s specific to ind,%i `riRI foun:ia.Llon for cl.r 7n"Ll' 1 :;por[In K aooFoach and our r-.iale;la!11%) distribution fm-r'.Fi murnbef of ax=sinal rc our-. 'We c;ategor zsd ati5rs mc.rlt.The GRI is sn Ir.dr~pt.'rd rrt hlernationol F,rg1nization vrra;ropmaiyal,sr]nlnl rind gov! rr7anCi?13sias ntc foijr Iher f!9S: ,he=he,3 pi,:mGorrd Su.:, hability rep wt-ng=airoe 'S9-(.They ter}1+.3rr,Hrlco an Ethics, Solut ons me 8ie',vafdship.., ;;I'pply[slim-1 ` ,nip bt,vl,:asses and [,rivorrrnc: ,sOfIC-1A'ide unclr'-rk'tH'd B:id anc Psop:r ane; Purp;8e,Thesethomels 6--fine .-10 soopeof our Gomm llnim-zto iheit eIfeo=ori critiraI MRA al:I EU'I-'-Y issues sur:h a, assessmr'rit Hrid wi11 guide Mum cr;r:+c. .:atlr-% .vitl7 a#akehc'd(-fs. w,Mn sTAKPFI0I.1)i'R IE:NaA0FulFH'r OF °ro;rl&A'O.=bf'?" BFDks grid. .Orllne rax owa- He[p keep aur plisto�°I' opfaiiaris Ho�linj,io aed,ca a�a�onll v�frlkQ.cnafx3: :. ;Euai n rye aeri[ssl6rely incrasse 9Ela" end prot�lGiMl r Orfefrng RJ17mlrf9 EYrtl 1�i41C e¢Ple 3$fe ;. en'ice ani s� ii 13- ?K%ar1 )IiB WEE-afW.L9,n x1.nM-/x .-w-eL-v9dlce aai9r.nn flw . . ..prod,�'r.Iq.Jieri.eau'whsrelt�nsedod , .Coc.a.�rlquF�" . . C aaL'.1G a goal.69r.-n momhcr"rxrulce erd 1'111Isnu1,WaL-haHd •Ed4callm aryl an lyduako wurRuwu*cioacting anj awo cpino Irrarral nas�a'{t;'-r t airin; -{ Creetr3 6 pofrpan] uh)e-�de014P!Ed :''."8111Cp9Le 9nd crW5 c gr: -TQM'rurrh6r Dg1fe1 Bi-.n-30;p and fslcntcd people can thrivrs w91cr1ere(oerlerce•Eq.ipniilq and eneM'2119 elgapUrne,tadrtk.} •}f�1a^key4r #, Basra rncnl=w rxd&:$n+ae1184o•"Yordiro 11'h!r1al rdpadlig opFor.Ln67!; �* and r!L�•ge1J1g aerrarr.9rce anI r 5dis dedc thdp in;d ; Tomilia119 .r?,i ny he Ail�toreilwe nala`aai,aFi'p yis.IF1 '.Br pp ier,¢�p Q':i.: ':Pe[II}Era lir' O v od%jr iti s for sll lfexs to p : hg. A� ;G OP+�pp STs:, For ,'1 F■ Pf P'r}. �. �atjap}9r Air,ridii trslN �r7tl Id9nc:e�..:' r01+1 thyl�piaaimo�ses .. 'iG EI,BUr &ll$]fr1164U.VlIIh +Jaiay�r ,od91 snQ:.: oea1.l;�flrlm '.SePVlerfJOB9' . ' ani'ii6nt!.t91 ComlriBnierils .. 4+G.h1a „A1d7L31srys)iiddar 08RRrpxr ' ral int�i�a strong corporate rro dnx p,:nu1-m opare hg Etrrn�ertarpi,r iI rd 19 aesiIHu re uka Jor,�ava'd go.arnaroe in�'rK:l;!w�:farg e9ranRE arra pr,+IGO I rl�tir.er.;eEm n E at dig x;l xr.; •1'r�:c}'¢i9Leme'L • ':A611EIxE ,1 5t.trotuna a nd reporeng cadewe#C Cor111nc445 rlu,I uri ii n'eehroerf..•'I h16fy fn „rKl�lr�}a8'r —ft roadstiv,4 with 1['a0 ' 1rigPaEa sl:araliolder value ep"r.a disdiairr.rdw-po'aw wonn9lt:n In,,ee[o-mrforcrrx!s or z&di-calor 'flk��x7d;aG' Cry+Lict Initafives airieO atfdsulyln w kfglurx risf. LF SLJrer oF,ir # {1 Pmhlrrn:u7rilg argSgenignt�•Off¢rira3laaiv {r�J:4:aUo9e. IeR!eloag.IN.9ea sod!a1issues'rA'ulia Qrovid1}g valuable men6berrna;!ga11*n[wu1}e1<116-kesed.b�st BUW.K Y . 'I'A$G:rdE3'.QOt1rCs?tnf*yur;lil predllces:kRp9rlin?i,t,,: r3re.�L71'.. ei6ratlmbf;AIrW PeihieiUi1aa c -jesdEre Fl ORAfhIGER QG'1 CORPORATE SC?[:IAL RESP0151tII,liY REPORT Page 714 of 1743 rServiiig + f4 G R. f W ance MATERIALITY MA'rRIX 411 ProdUtk Sk9Werdshlp Eiin qy Efflolcrney 40 Renewab ld Energy 40 r` bon Rwmilon I 6 1lbrWw"IXVefsibr ind dcmap ylllc9 I Vl�tcrgtawlerUel7lp 0 Pmolmtpunllty 0 6 lekallladle PBtlwging 0 oeka PFi4aGy and Talmt Aikrpotlp7 Cyberecourlty and Row71Fan 0 Btlelnees Eihlos 0 SuppliG DIVarslgr ' Bepply OBdin Reeirl�neo . Roanamla Porronngnce •14coy allno end waebe : Cuetomor 9nd f TeomfolnWr sMeky 0 ❑ii sferPrrperadneea end Respanso i arY1�171'tEir3t str#wg Cl`ItictlI ' Pr QRA[NGE-:Ft CSR PILI.ARS: •i�ovoen$naamid Ethics 414;OIWticinsnrLdStEnvarda111) 9Supply Chain •PCOplanndPurpoe(o- Tl-;N=a o^I7lk onL -i a r y,h ind�n7al and axlefnol pr input v133.Find taRsE i!I,.b fx, !;idrl RGon.'aaa�81.x(17 ac pu,gnm ms'urdy erd Ina Brut% p mquiremenka cif ainkeh darn Ir a r&pldly!_4nluing cirimirnenk.All propfa,rr.:r.m impaµari,tllaugh Ell}}^ -Inrri rnetu ra then olhe'e;,which Influence tte mulls Eh[rkn here. �nterrlELI Assr,Sarr'r9Ilt of BusiniRss Irrlportance stakeheld(m. 'n Nidi?ic^, *6 had orm-on-orle dlso-Esirm%L; C.'.•nwe-,k+e Ifderlrifi^d tr�r�;f•err-qs rele5rrrlt tri("3rair-ger, we with analys[s tlrld and ds[rin)i.lir,rl s~1lrveys amc-•:k I (m lc±[red our cu81(:r-i,rs: roods, ;rle sc•%)Ue ar-d t raac`.�1 ti'.dkcho!car groups,%-e Mlldn'-mach Individually.IN,)haw.+s of an is�;uc;, rrr)hability of rlak arld magnitude of effes.i, alreau5j Iriuv.-,mrtcd the fee&ack i,•'too1j,opera iloiis. 1 xand reeu[Aon, 1f�g1.1latory 0011;errl.;, an r<tfec[ [c [rIe corns-runitieG v.'flerr=i w,, Iivo and work. Materiality MatHx and Valor Chain Map trq43 i%Isecl the 1I1'dings of r,;,r materldlily sscs,rnient to fria0 the 13,•:'7riti7ed Stakeholder Engegoment Afli,r diam(I'Virg 1-e [up'm.ti+..^ toPlcs Ifl a rr's_rr,x. I.,nderstand N [Irc,impact of our busir7(..;s : onjsbererd rr7(x;t material to Grainger,koro ongaaed ','r;[I7 Ii'le,r77I t M.U91101,11_he Iife c.yolf)of the%9 dutlons v ,offor i:3 critical a.i2 oxternal stake[ioldem, inc Il(ding[earn ale;rxx s, c.:starlers 'o d(:voloping a�Yarrip r(.hcrsivo approaol11.r q,�. rlliU ai%0 `L:uppiic 1.y to;onfirin[fIe sub.aot rt material 10.0 cs t.nd t7 •,flew r)ff(,rs inz;igf•t In'c.where i�;su.,s IT;atter most, vd:ilc#Iso oeterrr)l:'.,thcr ralative slg.,rlflcar7cc,cA- onch toalc wl.fwi °ho help Ing Is pri(,•1i7[7we need [u:iifl-,nonce perfo ial"IC^, !;k-bsat -'7.,r w)jecli'xrs wcre to ensure rc- rcF;nntation from Ihis view oreal.&:; 3 sahirod urdars[andill�j Of h,,-.%,we are -vcf1 Pn•t of C;,I'value crlair', to accurately reflec'siakohr,Ir er Irrprovirr suPPly ohalr1 e'fir,°.,n�y, '.%,hill providrua groater 'I1terL-'tet <:nct priori[,as and lu prbriJ70;SSU136 tQ value to(3111.rlasfornar3, x t1k n^nn 9 C,RMINr%r:F? 2:716 COFlf}OFrAf1: �3DC'Ir�L RfSrfOfti�lr}11.ITY REfO;'r�r I,.'�,� �1n� ;,*� �f Page 715 of 1743 • Grainger At A Glance -r Brand�L -rielity, AA I A LOOK ACRQS$ OUR VALUE CfirzlN � � . ■ I • PDint of orifi n fkr air Croaling uriqut:,aide and Studnq amo maxing CAI5to1Ier0aeph9 skipp:wr date,pr;v@Lc�JaWI cr c:muring a-enorlless bur pro"JLIdS their operefionSn rming nmlicld!,.� Dfanraed product* ougb6,nerGxpD'ieflCe to¢ustomem kl`,x User peaple s&=o L3 miness Gthlcs T pnlr H H@rWCI WscC # Cvr,'Iels rr Inlcrosi °6 C;araniC:rYd milraMln[ I GybbrtGeourltyLd # i blgltal Suctlfity # • M ..........- .... -....... ...- EGonvm'[$PerfofntanCa • • i • • ... ... • . 4'arbon Reduction Enarfly�Cilolot4ty I j • i cr Product Stnmldelilp • DwI nnyiFrllnlry Pmr&&H PmRrl io a6 RgnavMble En4FVV Rotyelfng and WsNt� • illil .. .. ... .. . Suateln,-1I3le Packaging # M ' i Water stgvmrdshlp is � • � Sqp ply Chain R"Il ierv-e i • SUfrifar ooJr ur elhlvs I � j Supary nhrJn aonGrti-}' r O, i # . Pi4pI:br hipY7nPnJ 2LPPb9f Cerrorlranrr. ...-.. ... ... . .-. - .. ii Product QLIaLIty • I # # I # # CL ++Y DIsasIerPrepamdnerr &Response supplier LHveralty CF O i • w CtLEstumor&,To,lnlhleml]er Urety i • • • * .. .-.. .. ; . CL WDrkfarco f3Lvcrally&Inc luston i 6 I,ry�gdiy • 'hlprklnir devwpr9FJ1iCS ' I IL TaluntAttraetlallFind Rotenllon Do'naredallty pros;uss IdentmeEs the austeinahfily lopIc s moat rolowanL in our mrnpsny from the VIP1V ssTcur Intimal and exlernel a;e keholdv;s.III aCoardance with GRI Sian 1a d 1n-DFlu Tallon of ilia meiorieJ Lcpic and:le BDundery,%vB'v9lllgnllghted air most mateiial toplca end indi;:aterl where and)VN ll-eCy AfiFCt 01-'r value Chan. Wue cialn msps displly Ilia primgry acliriiim;mrl slakeheldors arsoGBterl',x'IIII aourcing,sdli 0�3RD:'conEurring a Cpinpaf V's eanlooE snd,rc(luM.ThlE form of mapping allom Lie 10 aoa whofe QUr n'atEdal IDP1M aifcCL Wf UOJe ChE.n-%1,Nle IT nny Cf IIieEs MEILCfial 1odje.e sre rBisted to ac:I iIF-s thE!Comr will1in C;nInge-y's dlre:t opo ratloaS,corps kava ImrIic:MIms thmughout our nAre we-ua rhein.The�raplllc Eba ti EhoEvs L IL! :LIIIday of each of Wr inaLerlel boploe. o GRAIFA( iia 208 C0FIN0rIATE Sr)CIAI. FlESPCNNSIM11-17Y REPORT Ej F� Page 716 of 1743 �{ r # MA 1 KEY FJNDINCS FROM OUR HATERIALTY ASSESSMENT PROCESS Continuing Engagement 1'10 intFY&SI. ir- Gudngnr's Inotusive and Diverse Culture 0..r„ustorqars span -n51 ronr7vrltrj,,Sr.•7,i I and Govrvrn rrrn r1-5Gj I roille 9:}>,}t:all rep re se:-f :: c,,y deriograph,c;€a rt:...p, and ksrr F-r}gg9sts a Aced forgrap-er c�nnlurlic.atinn,3 r�' SLls12:r it.ili-y t_wesl :- rve thern'.V%erI ou•'arorkforce 'e'loos kl;�ir Jls+er ity. � onjeu;vE8 and doc;p,er 9nCgagerne.'7':Yt+lf1 DIvers.ty it{{ire;Lis belief JCo the-Llrff,rrmt nGed,-,01'€u- .dd-oss sustalriablky r.hallenjea a-id :}o n`tl.ln,i es, custcrners-ind d91i5;9` prc•du:t.;arc services that mp o;e t�9 r 6a.ly livr.,;,-o give cur slat choldere gr!�atm-visiri Ly fo Customer Data Privacy ri iF,o'd1010�]+{i;'{}len,;,'rye the diverslfy of ow v;xkforvv,v;re Icarnod there wa 517.11;9 if, 4 0-sloilic.'cmw—riellw9 rf'av U[: onhan:;&d througi=-'tic ri ve.u, rcleasi"g-rhe de.-r}rg,•noNo jata fu-ol,r jeorkforce. perscr:al d,7-;.Vdth that er) an.-cn.rnt, ne�v consinorxkions arlse ler organizations l,ke Gi air!;r.• it proce&sl-ip ttrat hake hi Leadership As SLI opllefs (Iontinue to I-)riovato and n opernti.-i .n nosefvarlce of a;}r:licable rag Alauxy e115;ir€}nrnsctally p,`9farel�l€; ^rClouo:, Grainger 17 ufCCueIkr raQulrsrrlerit�,anti maeo11g mafc}rnc.• ,)xp90-aliol IS. pcsitionnd to LIS&Its ex per-. wid 1&adershi�to 611rgarge � ve.11% suppiom-o i'e'p 'del-.:=V�:nn scw.e pol'cic-'a and $ MRO Sofutions Stewardship Diff vrer:c.€,s in customer solwlona the.; helo r9duce Pic onhousp gas elraild I s z^;7r o.oc-Irplax;,y, Iri IJstr�-ype and :}t.r r}rimary further-.rr(.l;irc,�lar&oonorry. +. uasiorr^r f nnkaot ca,) r;l�ikr. kh:; Iirk be Vv.-For- thC..e'.+oIL,tiu r ' of sut:iriinr•-ihil.ky aro the J1,3ll,mgrs out um;: Irrr;'^f�x�sa a -rl{V.-g t irrek, Our cus.€}:rrc;r believe we •r,}v^ jr. opporlmlity to:tr9rg-17en ft-at link ard.,reaie a di;tinct � Forward { Poslllve glc}hal sustainabll'r} 'f.,r,- 4vi'h out pr=11%tz; ar,o servl:,e::;. WHAT'S COMING IN OUR 2479 REPORT As 0r'ainger revolves,our CS1:1 report should ekrolver too, I Thats xvhy%ve conducted a mat9rla12ty assessment this }roar, and that's why aur Maur pillars wl11 change in 0ur201D report. Look for the FuRvard section at the end of each pillar for a � sneak proviowa&to how the reportwfli&dfust in 2019. Operating Governance Responsibly and Ethics Valuing Our People Solutions and Sustaining Our Stewardship Environment Supply Chain Serving Our People and Communities Purpose I 11 GRAN:I-_�P 201B GORPCC 11AT1` SGu}xL rrl:.,441UNS191LM( N[:-.Pr)RT �: �'�"'�' < Page 717 of 1743 * ,�ery Operating Responsibly Gvainger is evolving with the marketplace, while contiruw�gro7a i MU- that helped shap4� us 90 year�,, agn- Ethics, and integrity defino across the value ohaiTi through a detailed set of businers pollcle.5 and procedkires- 2, I � I COMMITMIENT TO 15THMS STEWARDSHIP IN THE SUPPLY CHAIN CORPORATE GOVERNANCE 1 AND INTEGRITY Supplier CvJEf of Ethics Ethfial SDuroirig. Governance at Gradng$r bueal)assCGnduct'Guidralinos 9upplierfDwr8lty Maxilrizirk91'IwJuck GorpDrateSocial RoS}: nI ibIIItyGovornsrtco f`thlcs Training 3ruppijorCConcard clualityInour Pbao Anti-Oribery end Cofrup2iorl [cabal Brnds OUR APPROACH100% completed AtIrB na ,#rust, eW los and HIL are 2.k the cure of cvc;ryu'Ing J 009rF bf Grainger tDtim wie111OBrs tiro da. Thi„shapes oa,C'I.IR c}rrler In'€ -v-t;oris, 1113 stawardshi0 cf our r k x complete tralninq Por the 0110111%s supply rho i-.and J,e gi)vorriarlos of our I3u5,,:11e66' Conduct Gt+Idelinos oaclr y<+ar ommitMent to Ethics ,Stewardship In the Corporate and integrity Supply Chain Governance At Grainger,ethos and integrity cdulde hDw Distril7&ors vgho oalivsr products Guvornance at Grainger Fs built kve wvorlc an,r sorke our o�omlTli.lNil ns,Tho wortdwldo faro cornplex ohOle rroes, around the long-teFM in[eres#s of ru.#ulm arid scopa of our apemtlom requim ProduC`ts,materials and subc#ariaos nor shareholders and i;supported slgnl[icanl cpnfiderlce In wr must ba safe for[earn rnDrtrbem', by the cammi#rnen#cA aur board of tarn membets,and Mey wmistcn:ly austomers and the envlronmoat. Diroctors to monitor and provlde dlsplay�i aarrlml[meit is;xernplaTy Data and acntent an pr❑duc[s 17eltr 01-insgl tO Mur in their efforts aont;uc#- rhQ philoeoplji;ng autllned 1n businesses Ttay aompllant, and also to ueate shalthoider value. our 13usfness Conduct Guldelines and provide valuahlo knukvledgG and Supplier Cade of F=tl7ics are brought Insiots to protect til;cnviruninent, Cuwr rn ont About C,rCurpo a Commitmmn#t4 Proper tior#�ara#e to I-de in ous cdlabc;radve and inaluslvyd and tale health arid safety of workers Gove�ance culture,that.fosters a posidye and and Mrisurners, producti'K.'rrork emironr-nont. >>Loarn More About tarainger's ��-!Leam MoreAlbout Grainger'a (:onilrlitmontto Ethical Standards oninmitnlen#to Eth[Gs in its Supply Chain 1? 3R.SIrYGk.li ?;118 CORPIMIATE SOCIAL P.ESP0W'>1BIL!TV RrsNORT M Page 718 of 1743 . . Y TRAINING, & DEVELOPMENT ON 121�AINGER {3LOnAL POL*IOIER Businaas Human Gift Antiklrilwy& Supplier Conflict Fadoral FnvirorimerYtal ! Conduct Rights Poliay Anil-Corruption Cade of Mlnarals Compllanao Health&Safely Ruldelin" Prinelples Ethtcs Pallay TnAnhig P¢110y i f COMMITMENT TO ETHICS AND INTEGRITY ? Business Conduct Guidelines Anti-Bribery and Corruption Our L3IK-J G0-,CILICI Culillrs RPP ly t4 all rc' is of Gralrger plarf;s tho 7igcost vEjlu:,,()n intngritI.' i[E b:l�Ille3G GirLjing;,r"s bLisiness, Lull df' ,rrm;bc land Ii[erriW (-.nal,These do'li^g&w^d the t:th cal can duCI of il.a dii cto'a, 01ifi.L. ,kearn €ij.:delines deli-le a ccri-imon .;gderoiuntilri%.i(.f;)thiczl prIncloles morrbxs,agerll�%. Oharchcc?ers.ustorn%rs Rn.^..'supplier%& t7rat gwde Illy wLy;,•ringer'.vc',ks t+mh c...;f7mers, au w}lic:r Pz ml for-n in our l3:,:s°n€,.;w ;:ondu-,=Guldelinrr, GI'Oilger � and rjullear)I,c s. In add'C n, gL1I-_ic.lincls rpeoiflc.I0 UUslc a-0- is comeri-trd tc blisbess pra(.-im~,r;#Ils.k are ccrnsl.;tF'nk}�srilh �vl�rrn.It.,(rush as our'ic e.iffic.r•r)rbc pub Is s;ud r:x%,gmeni:3) -Ile I'I P•lm'1E;t crthi[71 and legal sl;ridzzr: . (3ral1) er _wp%G#s firID c CM-0rap�y may be I"'I uimd for operallcf .;. I:%sa-re c:Illic. l ,,nd .qM,I c01-nr1ii..rlrvnt from all third�- rbcs (b�.Is,ness prrrlrr[:r.;, hn�kara, cc,7svllal:;nr-1;1 agents','!,:ti.�,V Ethics Training or C r iiger's banal', rrillderourld-i .t,S #3Ir7nF.S, ai G.' ngvr Isarrr rTI-D ll,afs iCarla rla ri are re ro n r;uiVA !`,I'{��rr'rnc~r�r teem ma�Tlt3t;rs airy,expected It}�i�.rmrcm�kl�at2 k)Ll I.()c:€�rn�,l:te biarillual IIrIIi-t�nruo-ion mild!`�.rlti.-l3rib�ry Lra.Irlirl� #Iloir�18rS011�.1 CO�Tu�I Irnpnt to'.-.a Cornpall;r's Nigh opera,rigani c..,rtifira#ic'ric�a�I�;c�r€;:;th^r8f�„1r6T�a!�I.;of krlis IsoliCy. e'ar%dards 6. j cortifying tc'the ir C[:'nlal anca,witl- '.)C-L3u.!ir,,.; C ondt,c,,t6 Ao'GIines arIrllj„Ily. In od-itlon, eadI r:nvy t.l,S, tealn Encouraging Reporting Practices Granger or7,rges morn ber Jolniriq Qraingnr is req ulreu 'o cc-nplo-e train,no a.rld a`hi rd par'y IU 1ria`ri;.,in a -Io'pli.io for anyrn'8(inside or certii lca:€}rI with n five gays cd II.rc'.. Nmv :n.o,na_Icrlal t.,.ri•ri c71its ice the uorrip}iriy to mport eth oal uCnrn-�s c'r colrip k3ints !rieuihcm,rrr,regL;lrec Lo comrl.-k4a traill I L?rIJ€i.rkifica-ic l r.'€<:r;i;ng company prac.ri:n. -,1,tll-n ?4nr-h Amerlca€,a7 -. ith°n 35 cava, Tear.rrnomN's e so uor7l.Ic;:t,trWri-g every wall a ;t cure, 24-hour[10ili-n rt 731. A cglolsal weld tr. -Free yearti Icy fall+} underaland [lie.,xo-;rka-!on of Iega arld Is al.:,U avai;ogle ut wyow.tntiv€�rc_corn{araI r. i he ccrnoany uthfcn'nollaviors de'iried by the 51.18ine88 Goriciijct t.,Adelines. Ickes a1 rrp)rts se,bualy arld€in^�,ncf to'era-.e,Io!al:akion ageirl:�I;c:aim n-nrlhers or 0,hers f€.,<u*ing gjes�icrl;cr voloir.g Isgal or el 11 crl nor cams it gear falh. 13 (-I1f%I"f3FR 2098 CprlP(]rIATL= SOCIAL flr;$PUNSIBILIrY I:U-.P011T ;ter Page 719 of 1743 Operating Cr)rhjjAjT?AEMT TO ETHICS ,. ORO- a Operating Responsibly STEWARDSHIP IN THE, SUPPLY CHAIN Improving Supplier Communications In 2017, aur supplier corltrar'ts tear)implemented Supplier Code of Ethics j .�k comprohensivo iridirect&direct i Cource-to-pay G'sklrrn '+�crrks with#hF,l,tirrl+ds of suk,Fl crs f[. ,€€ar 1Tlrrc fF Br1 sol utlon8 da#aWse, whicll villi provido kis onTlailced -1.7 Mi li{x1 pro dl_lGks ..r}z d bs,oustomrF:;is:rial.%%lain, repair tecllrlolog Ical and dEita capabilities for rrkanag rig and c❑nr,aia Lhel'fsi:iliki:: Tu Help en,;ufr.; ',v products v;{: OL;r suppiior base. d i,;*,f ibu to, Bre mail I-x t;iry+d until doIivnmd wifh 17.811 othi;,211 ` hIs &ftlbase is a s#ar-cardti, u°-r 31-1pplic-1 Code O`Fthic:;fel+;Ur;eS 0-1 feu' •rla1". 'r�iri-win:it providos avers(;f(:ffllcgl sr.arrin; I1u1 11" righks: ,It:or,ervir, l our team rniflmbers l�II tura nr ar su , liar:;er,d fl�elr 5k;h-`.;1. ;pliers and arl`. {til uptlo", I p f powerful cap60lit308 wit:".dea-Irigs in#I'., ki.S., Canada and Mexlor,err, rx:l.vrfsd arf) ind our sLippilor tc)t;:)rr1ply'.jsji ii 1-2 Sul dqr Co&,o€Efflios. Th6��-:suer€}liefs reporting prat co s •nu:;l ac;I,%jj0wlrcgc;c1L;r Code o`:I_rt kn)arid agre;to:.ile provld€ng tho most oxpeofatiors witflir- as a cr.."d Fc.n u-doing No;ill cnj8 LiPuiefed infarmatlon Grainger, Pfic; h, orJ:oarding, a r'vw supp.ior musI agfee to ��} s��, availablrs 6M retrieving oo'.de b 1m{, Supplier I andbook,wh&,in{1'.,c,� H?-,pl:cRbI,-; -the Sktpplier small and GrFI^ger prl.::es. trarlsporratiorl equlr-3mon;s and J.e S,;PPI'1. diverse des€gnaliora more aat�lly,Mso, it provldos our � Code ,)f I._'lice-A'I S,:pp'iors mus'.agrw, !o chide by t176r=^ small and dive ma suppllters with compliarrce-based rules va'corfirm this oy tiflgnlr.g a Sup 11.,E Ag?eeirer# I-r.tr r, reminriers, Iika whon to update their%ri all acid diverse certlflcatlorfs. Supplielr Diversity Gra.Ingsr has rr.fl;e then PO yoanrs of expar1e1106 ol`[ering;mal al)c'i(Jlv6f8F'c L)r1".panies opp:71'turillle3 khrougr, two oam. pmg.ram& Sinalf and Diverso Suppliers Graingc r DlstributorAlIlance progrMn Sinc.F-2006, sta,tocl it:;8-v r?,;lar F)iv ,mhy frog-am in 1�i.D9 rtl #hc 1_]isf-iilL'-cf Alllxnoe (DA) Frogeam han., helped assist n fir❑,v1"g th s;nc:tor{:€file aoonolrpy vvl Jle w cum=olrlefs sLippori Liv!+ rs2 I_ri-�;-rprises n{`I:lirl� cust-amSi crs uf I:Heir:chs ro {:YdeM clual:ky pr{1{�u:3fs A.fllle oox;c)Iidating Iral-its i1 im%,o. •pair and op tirl fly 0 ses, m,_{ic�)y small,v„{_rrer,, m noxi#y, 6isrlhled,`otc;m-,arid Vo-e 1-an F') CA rrlemhkir% res{_11 the"UI! ',7 mil iorl Products I (SIJ I:uwrled Gfaing^r offers thousordE.of i'.el'PE o€€efed by Graiii1 er ano pr.^.l+l{.j+_serYIC95.!7{',i%1+)Irier:;with frrrrl Cert€`:er.i t�L,F ller Dlvemiry tx,S--, eS8es#n rrr.lr{. Illzarl a rrlar-dt.#rd p•(:.lurergen-goals 1{; support&mall t1lrlirles5es mil'iorl C.[G'ain er'= U.S. n u.Mn•rior:: LI iIc-ugri ik�,critelur] and -111d Prov lkl-errlrlC+ym911; m.i r[:rfunit'66 to%vnrtl{:n,rr,iriQfity am, ciiR` ii�k fi l 5 chr n '..slti. vetcC in-owri d bL16in5';RM;- Tt1v DA womhcw h;orle i,: f^e .17a•'y poinkzi of t.{�",fetif fof.'1(3 C 11 {lrrl{1, Inwh,;ding R.,g-wial buninczis manarr:;'s-i1)u menlor rht:d.verse DA mc;mhen,and act as' �iaiscr br,hveen 3ra ngcf,tl', e;)o ouskrmf:r art{, the CA, i4 f:RAINGEII 2U19 CORPgl V-7E SC-GkAl. r1F9P0NGlk71r.1TY REPC1 ri Page 720 of 1743 A FxRof Frow 01.11' A 4-�Iftej-r--1-0111 (�Ur Gr.9 lj)g.,�r At Operating VE I I LJ I I I g<X W r,I A�-,I Fi I rsf I I G Q k ir 5u ivi rig 0 tit GRALNMR. ('hairiiiinvi Lyewtive-spow;aT- A 6 1 ance P L�I)pir'. L;,Dvirwi ment 00 MM Li 11RI P.4.1 orkiRlITMENT fl)'-I�Tfl 106 STEWARD 6 14 1 P.04 Tk4r;.SUFI P LY.CHAIN. CURPO IRATIO GOVERNAE�Crz. '0p'e'rAUhgo- -'kN9JNTEUR1`1rV- o f53 �5(IiDpiier M 19 11Cftirt Ccil:�, AJA Rim�nnuibility 'ResooilM PL!;iI11!;f bly SHOlier EX.12.T.ly ii I o.ir P v�it�� C,.,,v��:nanca LUel.1742iids Supplior Scoyecard 0 RA I N GER'S 19 T M ICA L� SOURCING PLATFORM ic-..r I-Ini-orn71109 ?V Eir%agel)1el'i j p "11-1 i n.-(,,g ml rok, in Or H ir'r, !q-tu.tcIg i,-,I)bj 9ctiv&s Ly J r M i ig�ju I:, (%..[)C,.mj 0-in pe:10,11 iEj Xf---I c .,(.,'ivc,.r flawl 3se i,,ders 10 C)u,,C)u4()r%ic,,r X;J63W. 11 ie L-ar-i v.-c-m with our S UPPI iis r base 0 1 aop,ox iryurit(%ly spR 5.2jo su o p ler.:;1r, irrlprnrc n.p fwatir�rio! o-3r:ormaric;e, educrltl, on Grainger's ShIpplfiq v;(jLJi1'01T'0ltP., rind drive co.71,lance orl Human W�;htr labor rc,,).f3-i,%;h-nent I%LiruhaE v orders I I:aiding int.)Our net*,ork and drop%snio orde's deli vercd oNxtly-)r:jr :�r.l partrigr',performaf ic.e vv th a rymritli y On' �nc%,9d soore,naru and prrw'de faeclbsack a^d offer it perfor-i iance arras whore 'm p ruve-Tie.-I Is needed. V-oe ti(,c.k to orovidq rrir=ia-%Iriqfu' i- ,).,rigr-r.@-j0 areas whe,e e1r-I6eri-1%y lEnvirl5kirmfilift Anti-Carruptlon can be galried.arid 0-Dctivi:%ncm ran --3 irnproved. Partnom In Perfom)ance Part-c)r-; Iri "Ri-tormanoe s ar%. Elbical SOUrcing annual Grn ng-a-,event sronaund'%)V GLY ViG�- and II-I minan R Ights At Gral n�er, 11 ie via-,v;n c%,ono uc-b L B il'IeSs 1� A-.-)rrhandis,ng arid Supplim 1,-.%z;igmDC! an,import-rint as the orod uols Lind 8ervicc-L,ry-,vp,ovide. G ndnqer Ire rccoprii7.;reinrl oeleb,ale j( )p Pe r lorryi ir i i ippi ir, P yell as Human RIQ hts Flriii �1*3%9 rf3f-i3ft our phi owphy orl -V,-i 11 -o aJ:S'Hftr,,ri rin, i-ifc%,.,,n:.I'S SLI.o Q Iler Orj;r ir 01-ji l!-.y Li 1,ni it G md-,C,a"0iw)oiudlq,� 1hp -j�01-101 91C -,I bjFiCI r. kev iriidadvand Mrategy.The 2017 vias canlnitrnen!-lo prov ding a and Iraii vwo.,Ko.!a(je 1h8i LIP110 L;. aro :;ui I!u.ouri the foi jild---!:'c n of valyls 3 leis pruvido to and 'aspects interrodrinal huryvirl dghtci 5f�mosrJ2.Thev---prkicipl-;%ci 3 ral rqer Li rid o1,r ci j%-*omars. rTG applicable to all 0 raIr Igor k:-.r2m mwborq and Ura apprnw-r, aid mc-itored regularly Gnjirwj�,r�;rmnior.9ade'd'i 1). Ox Human Rights OrInc p es vrealo 1h.-ADIJIld-ation L130-.vqhIG I)ver '�:. I M1.111d veo*place. hui M%ziPi3f�JUI, ilIGIUSIVe a =!1hU3I.Y child or forcnd labc.,, a-%.d v Ja di:91-1 c-f ripplick-le la-ae of leguiallor s circ cxpl-c-it y proh b iled ar i j (.x(,!i jdad from G raingerla workk)i ce as fja,f-7-f thase 1)1,lllo iple:%,. Conflict M I nem Is As a cl ietr lbutor of I wridrods of thou Be hds 0 I--rand,-<%, end p,vate label P-r0d J C.8 Mar ikjfiqrw,o I Ly c on%pdi,i;e,%. lcc %atnd amur-if%,'thw e world.:vs a-e Ir ivHr ably many levels removed frx-.r-.i the h,99 nning of o�,-r sLApply chairi.Even ;c,,(3raing-ef 9 j. ko acting in a soclally arid erivi--o-mon-al!y responsible mr-mm-r and we take o.-)r res por i�i t,il iiv ailh ill the BI-pplycI ir I la r9i nge r 8uppof 12 the r,mi I of �1 d-Fri-9r.�A of prrwi�nting armed group in Zhu DINN.cratic Republl-,of Illi: ..... ..... (,ongo and lqd.biri'ri -rrrn bonn-i-.Irig i-rcir, Sctjrci-lg MUM! bY%rim.-U.11 IFE tiq-Cjj:jrjEiy di'd Suppik b,j 1:1? ::;II-I-Js 17--h ozjv 19ndraE of-F3rtain iTiinerri!s frQ!rl Pial ra-L)i0ri. 15 G RAIN 0 ER 201H HA'r I-.' SO-.:AL RES PON SIP 11-1 r Y R 17-FORT Talk <V Page 721 of 1743 • • ,t i FMNIMM ENT TO ETHICS ORATE f' Operating , r Maximizing Product Quality in our Private Lapel Brands Simple Return Improvements l Our i%quItlnational ot;rfinp :)udiless IJIduc:es tPr.global "q I i�ITIAT I��> In August,we began cernrnunlo+�ting � and an in 7rirr fatililies,The team,;:n`r.^sc: fac:ilities focus on wit a t❑p f Ve cLlst MOV to bottor all❑mte aria forecast ordofs rylairIIairunp the I-igh qunlity n-'our Priv -e I---qbel'orar:c pi-Muc.ts. as an of"to reduce thelrTraffIr 80,atyVest end I-Bearrr! Our Return Rata pnrtornarte.ever the rusk toijrvf;ir:;, reflects the Colurnn Protactnf simiplo rOturns,At the tIm9,2017 YTD e;�ac=ivono h rt its lesllr a d enginr,r, i,g t d fuLus on diivi-%j return dollars wars trp 8",compared to POW Mprc vorr-.cmis ir:.Tola1 RetLIM';rt pries lc: late grand.proctj ftp. F FFFGT >> Slnce this OOmmLjn-1rRtirn,the 43aLes team has voorked vdlIli ON ustomerto^reaioRlistingaiWldin� Return Rate Performance V�c% rio-m uro Priue.ie Iphal br nd types and a recommondM gill of Matsrialls forocas;to cr9ate quaiily ItlrQughthe retu.n a1r -A those prcduciv. Frrcilar.- rook rl rain a onnsist❑nt,stardEiid orderl:Ig FV+- odw1o,-Th is leads to less ;s(;alcu'ated as a pf)r,—,,W 0 1u1�)I�elu-n dcllrm av,;r cosi of goods rnaterlai being❑rdered, he.noe lereturns rfs4uasted sod (:(7Cati}. In 201 ti,overall perforrranc,tvaL-3.20 percent, and pro❑eised. ()tir 2017 pc;lofn dance, It?.fin f.;;'t,c: ,l,m. -2 fFavxahI by ?'. Ur i m.int.,cwc:r 2016", *11h C(.'.t�t}rn'mai;ri-ly f at prom 2016 to spa.7. 141 1 TY t�713 r�f�'a a Ps Rc�r�7 OF PRIVATrg tAt;CL rGG6 bas � M ; 2017 Owl p.c2) K. 2 points . 3.4' YDS -all 93r•v,• r Y 5 G� 2.0 1.6 1.4 Percentage reduutlon in total returns in GGS Products 0.0 -- — - - 208 217 TOTAL R.EYURN$ A5 A PERGF�NV or PRIVAi2 LAUsL. COG$ 4.4 INITIA'1-IVE >'> Jn the etrrnrnor of1)Q17, nurtealYl identified an tjrr,ar itl a c+istoma r's EteotroMc uata 8.2 intarchF�rsgo(FUt),A dl rt z(ncy In the pack quantity 3ry _F :''.y".'"t , 'a h ;_ ,�'�.; . }�a ,,;�.z=s•� :`°'�� of Icnit gloves ordemd res€rlted In overardors, a spikc in icturn d❑1lars and o}gral1 wastr in thelrsupplyrc;llain. 2.4 By working diro{:tl�Vdlth thE�lr punct;asln6 toam, tv�! �dontffied the dfscrepancy, curveted their orde+ring .;.,r{I•;� fir r.r;A'I ry` =1.: 1' :y:' .':.,5,-" }� `.5 s tern, and miti ted the doww3troarn its�IPaOt. f•M1YI ..`.�: ff M1ai3.. �fY t ' FFECT >> SIrsce this caarrootion,r �rS I c�turn dell In o.e r .ry<.;;,;:; ...: ,::a :f•, t•., x%v;.',;::M+' hh�-categn y are dcwri 91° 2x14 2076 2016 2017 le 0FiAI7JGrR 208 G0RP0RATC 900IAl_ fiESPONS=dILITy f-1L-;}0R'f {� �i�� +� Page 722 of 1743 Operating "10 rating Elf Ett's ` * ibly Q11 Uiry in our CORPORATE GOVERNANCE Governance at Grainger JTIGHLIGHT9 Or G0RPORAT2 GOVERKAr4GI. PRAC710fq* 01A.-C'JITI'71I1.1`Itir7k 1.:)!;ol'f�ol't;ke t racial�65'fSci;'�E,If}Illt�+h(;.�1115 41'i1.I1 :sur 0 DIrec1.ors. Uur bnr,r❑, 01.11ded Isy 1.116 Operafing f Priw,1r Ies forthe an:,rd of QIregurs, It: for the ANN UAL REVIEW OF IW11EPMDMT$UARD ow,m<;II;tee a,csr'.Ip, �cvor.,mjl n and pefforme.9c0 o-. tJ'rainger, The bo&d owwsoc-P the owPa''} ,busbcs gffair:and INDEPENDENT UEAD DIREUfoTl htC,Jri#y, 1.+1-orKS W1.11 'rianagrinrnk*o de#ernlIne 1.f 1e[:2rrllr�nv:%s k miss:or; m!e Ic_.nC-ta�1T7 strekegy, es1.8bkflios CHARrER5 Fort WARD GOMM i-TEEs fir nclal reporll7� and a=,c;;oc;r,(,.'npa,y r1sks and str^togiaSfor r18k r iki.,af nn. INDEF5GNDENTAUDIT,4bV�kNANGE AND NOMINATING.AND COMPENRATIObt COMMITTEE } r a ro10RnC9-A"1.1` the 0[),ra3ting 1--inclples for 11 1e Board ANNUAR BOARD GLFCTION of D-rec1.^,s the f,c;.rd melrrains 1hr m- comrnitkoes;Audit Cc Mitkea, QOT nsatiDn gaMI l#kaa&.lid B06q ff i1ns.@11 ENDEPENOr-NT DrRrC=RSHOLD MEETINGS WITHOUT M.AMAG@h1ENT I'1Ra„SI�#47 Nunlinat n ❑rn r#-tao,TI1s tfoard f1aE,c�c:lr,��>a#ad�,u-fl:�ri1.y ' -o of%ch 00NMI[Lee 11'mug h:n:iividual cher,ers-r-;3t R�GaJ1 Ak�OARQ QN[}C{7MPA17rEE EV1hLUAT1pNS � i 1.f'v rcic:; 3-io raspcnsibIlilles of I.':,s;rrnmitkeea;n accord.nmc d k+,kl1 the Drer 'in a Princ,ip as. Only IndepwidenT directors RE13ULAR01rgECTORFF15LF-f VA1_UA1n0MS se,rvc,orl#I1rsG come rd1.1.ec:s. CORPORATE-GOVF�RNANOE GUIDE'PAdEg Amoi-,p the re8ponsibili#iec of the Board Affairs;nd APFFFt"Er 13Y THE 130ARn Nomina`rF ornrnlitee is rcrfif,s+.rir and provldiri� �41.hcpinr;3 tc manzigerrcr'f on ),Ar Corporale So-L iail I Jc,;pc. &il7il;ky+ BOARD ORIENTATION Ai%kD EDUCATION PRCm�;[zAM i :licies and u`C r rr7.a, ;nrl�lninc�onv.ronrrJen1.r .aunt❑°n k ihty and :,ur'Lnunit' arg&--+vale"1.. �=crmrielrAnrci�.ll�r.:,��.ar�i�i�reCorporrii�G;rn nianceface�h��k Boa rd Qu al if i cations,Attri hotes a;Ind Sackground %3relnfz(-.r is crrmmitked 1.0 a ril}rc:r::^,c,xprrienced and 5libr3rrf soaro, Our Bc,3rd i; -urrcntly conlprlsed of 11 dirrc#ors of iT�l Board �� I� C:�Of S C}VE�f C?L ��1� vrvying oxperience aric brie,k;rat.,nd, inclu6ii'ig Iwo now support„ Grainger's cor-nmitment to Clrecd0•s appointed in 2017. ..',s e'esulk of tra R rd :�n�c}In;� being a good corporate citizen, Pat rc 7es11r1ent 6rf�ra5,,r1.r,aaced lire-,-.ors ak ikn c:xlrc #iyo in rile o f belng a good corporate citizen €s advancing shareholder interests through t:�c,h,-alcgy anal Cigilai spi:c,, e;'aol1 aS ir:;eac ilg uorporz:ko� involvement lth the communiVes the souse, re8ponslhi'i#y inik'atives [or a g!ohal hushess,Our Iwo Company serves and promoting a 11ow!3a. cIreclur;a. Iinn#riz Perez and Luca.,Wp*,;on, have su t Inabile onVlron ent," :rrh�n,eo the Civersl1.',+of o1jr Roard in addllicul Icy�Hnging cru LEVENrcx LI 10 r vrjIt,nhla f,ersoacGves arid c.xp-;r:e-jreS, LL 5d DIRG❑TCA.f'HAINC'+EH 17 ORAsNx ,' :l'{ 9,01{1 VOZP0RAT1._ rrl(;If',1.. RESPON8ID11. 1T`f REFDRT Page 723 of 1743 I A 1-019F 1:1rolli ()`111' A 5-ettel,Fjom Our f�miil�jerjL�t Opernting t I if L�j G!.MtHinilfk� 01'r S AViA09 Q11,11 GRAIN= I # Operating f .. ` I • s • Corporate Social Responsibility Governance Tho Chane' fur the Rcud Afair:; ar.d ' okim �aiin Cumini:.tae (arairgc:r strives to S(�r.+7 n..Pers reSpor,vicly.'I�� vu s:,,vie? I� 9 I har-.s -ti tyle pohrvi-of our-;)urid businet'=px riulples,s,'ang of our Board of Girectar,inoll lei 3 me respnr..q'!h-1i_5/ to revle* sl_steinanln f�aciliiic E%and 5ngacgod k�c-,'4oroa to dri5,c. n.i pro5li e IjU cur,{to rrrrrrar eluent aholit c�r�r �}alicles 0'10 thc:i,ivekl rent and rtratogicv dlipnen#of 01.11-CSR p,orrom. .)'ugram9.,%at relatr,to oul CSR progfa-n:noll.diri�; e-1 rcrmenta l ;us-.aii-.abHIj and cniTirrlurliIVe,)gagerns nt. 17t:.,:-.CUo,sthis Struoturo acid Strategy –ha F,'SI r\Norkirrg Grol ip. rc,vivw or a)annual t:;3.ais, vli,%h hform-Foil provided 1�{_„G es-ab lished in 2014, i�Ieo'by o'.,r\1 i(%(, r'reslden#, Prn:;ic:c;riI ^SR'Norking Groli.:.. h,lerclan(IisinIj arld Sup-)Jer Maragorrlei-I and is�301TIfx)sud e' le ades arc ^lil jt;t;i aia.tteI eYper#,in i2��Jeled L11c#Ional are as. The eY.9cUtivc sporisor of.he F..SI i s,Yorkinp G'oup terry dc:-a Tl7asa r,r1ivc l,als lead p;r ,l arn,}that tiuu pork initia#iw'c:;k!rit}I . gddaroe on kh.. imple-nenta--on of ou' CSR initia#i5res end our fr.,t.r rail ars(Ope,atirig Valuing ou'r' cp.e, ens.res#hnk proojran l de-yeirppian- is&,signecl R h our hli.ain(----�s `}I.ISk7ininq our_nv'.rclnm9n#,)r.d iv'I-dillg OLIr-)mr-lunilie 3)and af}}activor in mind. Errs mfcpc.rr.ai:alc: of h" D i:3"nnnting programs to d iv'') r-rug ross T,,.w,i,d our G'SR goals. In 2017%we added t*o ri ve men-befs " 2(1 7-*e-IaUrlch d#hr;( ;f?Ikc�vis]ry C�ul7cil,ai ::rriall�raUp tf);'rc: veor?'Tig grol.ip hring%riA expefti£e in gala pi"va l/. of rib-level teary mrrnbers v.ho;reque-it y ir,I(:raol.wlt7 disastor rel lel and rorpc,,r.ac., aril ervircnmc-tal'y pre'emble ,i,st.)r-ie's, Inves#crs, r,,,pplien', or have direct F. ,-%) sipIit 10 the prcfjuot pfowferient. r:ve-iue-generating piris of the business. Ihf;p-oup's Primary .. c�hjeCf r tfVe3 are mvic;v E a,a[Eig to Fra1a�7nnss`.otf7a prog'am grid to anoo,;rag�-)cevelcrpmeits in#r2nspairerlvy t�rrc�ighout the o,ganiza#ior. A(ldir-P ,earl marlh.rs 1r1 the areas of r-,k rrlanage'nen#, da`a -r:vaoy,oorpc'atF�gDv.�rnanoa: a-d I:1rr2 `f "k r ocn#rsw#r:.�ln�al id mar seting skra#rgy,ii,u Cou joil kwil *nrk t.) an'arlca aur u'-rciue value for Ml isknmF's,Avrle vupportincg Urah.,ier f•iWohiPLtil# .A * as esponsiblo L;tew rd9 of r,%ir bl.l^:rrc:ss,The Adv spry Council ' ' * repr sFsnts;�rrleanlrgfu sip fxwaird'n ou'CSR F%nn c�:�mordte �* CSR • dt:zen,Ship cffr rIs in a vlay th7t is;authentic 1-0 our orgDni7�niLlri. WORKING • ROUP �• SA FETY Forward H#T$COMINC IN OUR 2 19 REPORT : SAF AIH$.t':.' + Ope:atirig Responsibly void become GOVOFnance aniJ Ethic-,q • Subjects wilt incl:ide Business Candi.joE qjidelines,Team Member Compliance Trahling, f.3rra d Governanoe, Data Privacy and CybnrsectlrAy,Glrlevanoo Rr3portlrig For F#hical Bou rolrig and Sustainable PackFi.girig, ano Solutions and Stewardshilp is GRAINGF.1.1 2arB COAP0ri0Lr. S 0 C k A L Rf-.S1;0NS13iI.ITY FI'P0ri rA Page 724 of 1743 ■ i + � A i WORKPLACE SAFETY A PLA(;F, TO THRIVE Saiaiy f erforinanre. Team Member Experience r:[ety{.LdtL1rE TokRl Rewards 3 I Sy8t2ms anc�f artne�rships; An I€I(:hjz;ive 99d Culture GUR APPROACH { At ,airger,,Ar..:) 1�9'iava or%ly'he hi.3l7esk p!3,lorry- r, tapIT1s-- learn!; -hRt maximize the o:rva, of op nlons, ,:�Irs W3CTIV98 �)r10 •._LIIzJIRl InslKhts "All sjocaec' I ,ofovldl�~IP ILikni n der va ue I-)% i.pidq c1lar1p1n.4 rr'<;rket% Foundaiionril to thin Ia t;ie safaty,eligayerncnt, Cevalc-ptrl(=!-):, diversity and Inc l-)--sivaness of cur c kjlk iro. 51285 Operations team members completed 'Jrs�E�pls Team Member II'i[:hision artd safety traInIng � .s t ir�r s DoNv4-sity In ger is c;ominittod A great cuz;inmor c-xWnenco At Go Ll Inger,trio val tie to providing a safe wnrN starts OT11 a great team arrd resparttha diversi"sy erlviiurvriont and rnsLlrfng mamber expedencei and of our individual differeric rs_ If we p ul s f ely first, to arti niEombnm are thas�p expo riencez ir€+ Our inclIjsJvene.98 i8 sal.)out properly trdfned In ail driven by engaged a lnvoracgiltg our dfifemnQv. we keep Ourselves, our n,pects of their work. etfec[lve leadem.1f11e p roVide to realize betier businnss colloagues and our lovod otlrtt%arrimom bof&velth rnstifts. IS is aboutrraating ones out of harms Way, >>Laara More About trainirig and r ekrelOprrnent an arrirIron mont that Wor4Lpluae Safety designed kO help tharn feflects thD value we 1]ilace I Don'[ wait un[i I is too late! sucraGd and grow thair on the indivfdtlai strength, Make every day count careers.We focus our team members briny to for you and everyone ritforts In throe aroas:talent work oath day_ around you - �F J�1��„ inana�ernonf,toam inetnber well-being and creating :>Loarn Mcim- pout an inclusive and d!Vorro InakISIOn Mid DiwIDrsily worlcpleco. at�3rafnger 1.1110 JAVIER UL VILI-ARBEA1 >>Lanrn More fibout Our 1.fue.1 r�vlraur�FvrA1 1EfC I I ANfi SAF=1Y, Toarrt Member Expar]on�q �1741N�FFl rnFxlcx} I 1E- 0RAIWa,L'n 2p- p conr'r)I'IRTR GOCIA:. 131.-SPONSIBILIT`r REPOR7 � lei ,2 � Page 725 of 1743 # C f . + i y ter• r y � People- I WORKPLACE SAFETY bettorperbrmanGe 6 0 On LTIR than Industry ;ra'no':r's Envl`cn`nrnral, Henc, ct3nt + Prurar ;I�.H .k,t;cesIgnc; 1 . average to -n-PC,rate El.13 In`.tkatirx.:; !Ir Ito ail rj5poc.is of bus.nsss operations, The pr;)grarr eroo-n-:n;;.ns f lve key ornrac—.erltS. 9 Sprains r Stralns I ■ Leadership p`r,5rided through prirtl le2hip.vikh [)f.erarlo:_s ;". Sllps,Tr:pr.arra rolls � A, ,�rrd EH Taam.a, ■ '01"-.Y Guidrl frcnti L vtl.11lfi Cc�71 : r1 af1C I f�UI<Attlr}r9L;Ll'rr ncnrrw; '+ S7udt by crCaught 7FRaGordablv- in 13ahvean Objec:■ EdLOatlor rarid A*aroness Sl+"ic;f'.IS dissollllll't(;J t"roughol t QA raln�er :ms; 9 Cuts!Laoe;afans■ Goa's nd Vea3u`owaitzi do-1mid ss Key I rf:�rr ance Allerg c ReF41:lon f Ind oator%c;:,rl+J �<;•, grul&Os * M-onito`,ng and Roc i ntion t.)evaluato pfcgrc.s,8 ''-- dD Other 1h9 year and reocgrI7e ad,icrr�---'nenta, EHS`s alto rv-spernvlb G for irtc�rp;e:.�rip and q upon applic Lle federal, s-.,tc.air id lo.-al r(;g,llniion�3 e.')dlof prr)P7svrJ ki�lelalinll rel&vart to thcn Dccupetionn Health&Sa-a;y AAI.nlrlisiration([;8Hr,), EW,%)nrl;;W1�I Protection Agan,,•,+rEPA)%a-id the Uc partment J of Tran,;parkatiu„ (GOT),c]u :; fet progrr-im i'4rtSifUCtLlr9 i dcdl jne[I to `avc%rH"plbl2 I nk, sor; taralr er hnrir{uariers .o fislri .. . oyer<;Jk-,ns v.l:^Icoal r,.x.,)c,iiti and Fesour:;rns HIIccateFj to e..ppo,I irn7larrt,rrtation repicnaly. .Ifety Rarfo ma nce The s1f^t;+u i oaa I 7u1'facllitlea Isa top Rriurlty,lh'e won-irruc:10 maks;t`idcv;In safaty r^r i s u.,r Lusines% trcrrdi rpl Ell pe cc rt ah(Nc,,the '3ureau of Labor and Sk�k`�tif� (BL2) U.S.'Aeho,e:ale 1`rcustry.Iwer�igs`cr I test Tirrle holdGi, :intra(LTIR), Repetitive rn7kirrl sprains and �i`.raIris are the,9rc;ateS.sourwG ninjur;+ .n our favi iti s In Ill J.5. U.S. TOTAL RECORDABLE CASE RA'ri ItInHl.9{3HT In 2017,Janlwanv lle DC worked withouk s.5 .2 3r2 a lost time anrident 2$ 2. 2.8" (M)with morn than 2..000,000 hours. 2.8 2.0 1.15 1.4 '1.4 0 U.2".'A�Wa6a1a 1.5 1,3 f,2 V 13 IrAustUAvera#sTR;R GreinaerTotal 1.'I 1.1 ''1.0 1.� 1.1 yi-0 1-d' Ro:�idableingUent 0.5 0 0.3 0.3 0-3 -3 0.4 Rale[=RIR]Purrormance 1 12 C.) U.S.Wildesale lndus'fy 2011 2012 2013 2014 2015 2016 2017 Averega LTIR I GralnperLaetTrne Incident Rerte(1-1.1 R) "WEciaarri�`mEAZhaanai?etrAHr`ri:dL i5aiWa PErrormano: Page 726 of 1743 People i ' , en C"Miallo s � r • Wc cmntinllc?#f;align erid t-irrd:lyd'?e sa?etV pr)r mrn�across All f�pGraticnal learn r%vi l e's uur oporar ran,through our veeb-t:<;w'.d _ IS Manfigr� i tiy�teM. :cantinur to de,llunslr lc: Ilrir Isar:oral s Wh.,,t1 Ile1[a�;turn c;,)rnplex. glrj0al f-,w pliarlre requ11'err tit!; i;'tr Eafe:y Ly Ex rTlpinti-Li rr rrlilill�auanl, rictinn'lhlo YOC Sv , .l-d r.glltlf les sa ;el y risk;, i ca s I� 4 I ��rc,:�u rrri rtr:aat�n . Ir' rl;iftl#in;-, a-c'trerids �c- ,s grocgraphiea-—hc: Unit r�C I 1 u'+,+al)d III•'cs„ iearrl T1:,rrnc� ti r 1 r e-oe,,ll[ Ill: -c;t I�'.�port1119 fvlodulc;Of kho�ys;em la a�livL in thea f;c.`opa!%V+,US. ove1�+ IIS +vc:5}^�r,5 r;r d, In so!Tle aperatioris-ar:r1 if,:,company oci1'1ple.::ci,•rip,m--8 'ation In tic:% r,aaes, a'lrlua"II',+. I^an- rrernbe,8 IjK in 20V. ;n-nolele Wail ling#r,to Iy under sie.rid � F the ox pedal ori of tar N-%viors defi112d Avkamgo traIOng Near Miss Ewrits ,-,Ned, 'W';P EVG-t Is all unpIH-nnd event -,S' the Globatl Enylronmental Hcjltll Roua3 por opera#Ions Ileal did riot rrsul#In an ll)jvr%} ball i"ad 7r,.e aotertlal .0 Cc:sr,, team momberFn 2017 nand Safety Poles. Ccdecl:ng r'eNr-,r I^$reports 7e ps ur,cmn-(1 R Cil tufa heat dCltlf�;a I and conlrcal3 n 7�7%rr..s,',vhicll'.V;li rvOucn risks and the po:cnrial Safety kss6ssmeni=s In ?.a'7,t0-ufl"e1 cai-'crGntlat2 Gr€Eingcr I ;cr ha,rr 10 C raingc•-darn melrbers beAr:•fa an in:ury occurs. a3 a k adw fcf safely+bC uiiorl . vAq c017111e1ed c)mpreherisik+a 5elf-a.ss,-;�;slrls"ts In 3i�b.r�jrrcF^,;. The assyssrrc:nic;f,cvereo 100 vs such as h&Eic hazards, rTlararisl hand,Irig, (:.7lcfgenoy rainijer managers * conducted props ecnc 5n, swr3ste tlisooaa, ri:; err.rifik rrailagvncr#. yeGJlis s �� of Iha�.,aw.,cstirnants are atr1T1r1:.nic:ltn�J to bra"c11:,;Ir,:��ders a-j Errs ronY'.ierltil HE;@Ith ar:d SafvIy r,,xork,tivgs. i,'i11);c:11oyl-up, nea :�ccountablll} wird Intirl'e of avllr}��s am,d.1lifirated n s cmi-fnctive 1 IF behavior-based ; r)�Sar ;ai#inns „ct.'7n o.fin for vac` bulnwh. in 2017 afety Culture SatOty7raining Une cf c-jr 'op pricritic;is to enavre CAN Our EF-..S pmg,:arr.is driver dy erizjagrr,toam rnerribr,,rs olho a.e tern Irl{:r-11-',I'S Clet -orale salely at Ille{end -.If e&& -i,Urk drly. oornrrdlleA io rrr�i-tni-i 1C.d' a ,u tell)0`sa°el5}- =fiFh(zrainge` That wearlti taut praollces and f;rine'p es nus[bc:ful'y U.S. dlslrib}ul bre cants'has a dedi,_a-od area EI IS Ma.r1!.U1'. ,.ihr. fa,nbeoc'ed in Ullr CG Borate crI sort. Th'it IS kvll'y vie ask al Peeps en,u c c.wira#ions are sak.,and offnctive. T.-;.,,C:zwi any`5 tears merrbc,.. involved in s'llp Ing our p.mdL ctjs to:`omplctc Gk.bal EHS 1'(::icy mqulres lead rri mien ers to ur�d(=!rs'.�ir1d and eytenslve training�t,they wa" csf'fid:,r'I,y porfc• n thel• du=ior, oo npl5,wl11) EH;')rocgi.11ations re a.ed i o r ilit,safely, f:,,r�nnal Vie provide very Hm, r parameters to nrl• w'cty Isade,s lu erl:mm.. pro-eotlon arid cmc-g ncy respa-se. fwary teaw rrlufrinor has the knowled3.-,they nerd, Durlrl f`yUrrOOrl IfI'E t Elltl!r',we have key I11118t'Y 4 tier pro'dlde tc:<;rn 2C1-(, aE,'r r;larlago•;ccnductec nearly 17:G0-)behFvlcr-:aaE,,ci obsefvalkaris !irL our taarn members K;pon`nea•a 20 occl mamba's wllh cppolunities to be acl. c.participants 11 ,Fours Irairllrl� cal;�fot, pf;l.o'es aril processes,The Lm, include; • Co)ducllrig..afnty audl^a cl)d ngpoc-,Hr)11y and �� • Leac.21"�S srifc,ty t'�7111111g andsafel}�r;,rnillrf�l'discussi[�ns 20k houi rl:;g prc,-shift Iluddle mee:.rlg.;. Grainger tmm lrlGin bars spent rlonrfy 211,000 (lours training pn varety poJlcres an d proeeduros 21 GRAD GER 2u1S C rUMPORATE S1f I.M1I, RESPpNMB11 ITY REPORT Page 727 of 1743 * . r c .+ valuing 15ur1° sI am safety committees our Leam molbv-r.s assist in sats#w• Allgned)n'ik1,OSHA vcIim..a`y F,r_)`j:cilon progrr ms, wh oh s-n,r.a.rcisfiip_Md i 1jl;r} ,r^ti�rrl�:l-11fn.;g11 ihc,;r laadefsllil�nrrd prc;no'e a4octtve worksite satriny a•i.i~.va ih thrnrigh c,oupera:.,ve pRrticiF)ak erl'rI CLI'sats#y-orwrluees. The (,c,.)r.Irdt:.eas%voro relaiio`Iships,F-i!r car r.F;algn sa-istic%,;a tiriiloal'saft of any.Sala'-y or'r-1-o i i()alion safety-rol itm' sdullons rx rr; GC cJe`a=ions. ruliure:enoour igiriu:eaiTl n 6117"s;1.)cvIn illeir safety-.'�rld the i SWOy co,rirTl Liae-neet0@%,,a''.,I geld ITIOrt111'f,f.}S1:,r ,)bSofV&tlf,naI .safL.y cif the'r f.-,l ov,.=ur1; rnerrl'ur`s. and dat,:-dr'ven ceo sine-rnikinrq.a•%.:I ansurc.c.c.rT-rrion"e&aI%itlr�'r a^d : n i:;kc,riI ereoutio-v:ikl-in uur DC ope. Lt:adership ^t L-1e89 C7nlrrritc,e rotates, prc idirroi dF,alopmr`It,;rrc; reoogn ition t}ppo'tunitir:;;ar iI`lr]reVbnlont. "Or rdtle-�lo�;�rx mootiliqs enao,s �� , LL_,arn wemr^r. -c-,- vial;through rs-at•-:ili:-and idor#i`�crt.)Feriurd:es to oreake a s:�fc,r a�aorlCr�g ervi�nnmc.r�i. 'Off-tile--1nur"rr.aail`I�gs _ oriboerded into our [3rIL•C:Ufage te'7.m rT-%: _c.s`l�xo safuliy Lrends arc:tho chanaa - - to revlank sa-ety vi(ioos. The sa rrlrrTliiieeS creFto g-(c al[,r COr1�f�CtOk safety �]r0�t�tl'I orl�d ar�elr.a.mt,`gour'!arnmemtr.,r:;rri ;Me`amom Iearr rric,rriber-led sata#v:ulLuru, In 2017, 7 tap,r-i rlerrhers liar.c:;pale:i I.-,sefat�rornrTllllee5 Contractor Safety Program -mm kir Ie lo time, t c ntr<:c.irlrti ac:ruva 10 DGs rmd 3 rras•Ler bi Ich^r,, 'ep use7t.rg a,ni;rc,xrial! 1Iy c,nter ou`faoilitins t.)8s81 s1 in#I-a mairitt,ria-7oe-of rurfr3c:il1i'.,s 5%of Lha aper kiDrial team IT,emr?'•r F)c:)ula.ilon• or systenls, €ltliou�jh Lhsss are not Gra,i7g.,r led-Y, membeYs, '"ey ar:expeoled to 1r;01-1:irl the aamie sats,rwjrrrler, Coriractors p,ovlde Important sr,rvloeE :o the oomprlriy dui may be .in a-niI rsr vilih -rel; s Arra,indir1.4&T^rough`his c.ontraolor safety prcg,ci-n, -. nloh ncl'.I4 ,)s kra'nli)g and audit:;,v.-.0 jan 178 create a;afe er:vIro",rren-f.)r all Individuals or-;it:,. SI^oe gd!g�k IN implc;r}c rda-Ion cf til i:; proprai il,v�e hake an-boi.r:led 1.17 Team Members Who _ conkra..tors ordo our =rS t,rlar,agement,stir^tr.-rr. PdrddpAad In Safety Committees _': ;SystemaSystemaand Partnerships P0rtnerships G`ai +c�^ `car�dlns as 14 rr f; k7c NHI.cnal Found ng `,fr.r:IEur of til. Watah my Back, Please! S'-udies by III(:Natlonal S,tn r Nai.r ndl Safety(.;r,[�nc;il'3 .tourney o Council sugar-.st that c:�gagetl )1isiric,Es uri,ts ha ro ri9ri'11can,ly I� rr Saf..i, Exce'lencc`' I h;r; iAllative 91ai.-d-V tr ewer ::alety inciaonis Itid.n uriITS}r;itr, rarer lea r,warflt)c r t=ar.j(.1:? Erna I-arid rn^diurT--Elzed orcolri. c,�ngaf,enlent, V .#h khi:;iri rnlrlJ,wo rF,I c; the Uamnaicn ou. iri cj.ir 7.aiiurr:�,offering rnorisurr,m%enit tont„rirw 1-1.`.=.DC-L;In Q'I `c7 it3. I hc_ F 0grarn, ri^";.jrrvci:v; tow c,r:4l+ ,u-�sceF: rr,;wourrc:s Lo help kcx l) _ ?Li1'C.AMA�NCS nlernner dwarenas�nnri c:I genie #nrc)url.�tie Ery initiukivr:; $ -L;T t_MP.0Yr%fx, tcar-i i nenibfr'; rjr --.ealif�y, and rrcgorio-rL prcoi rdiir:.s, Faux+i:'les atiin ririd apl rcach�blr framil v;)rk for ii7uirlsl ac�ounidblili,,Tearn Ic a_c c s aoif#.atr-. N,.kl, E-Graingor i.,Itry Nat oral I-:,Inciirl; SFon or{�t f;^nr3c.ia'� conv-rmitior- iri::Land-up`n':,liiq%,with-eam r-lumber Euggeskions Saf:�LL En}ployG Avm rd. a natiomvic.,c ompell[Ion`o rai,,o ,ur Y1atc"inti(,,ch ic, oihe''s b7rks for 3afe:ythmiiraa}� houi ilewor,d . awkreness at.-,)ut ;Ie'mpollam:a cif s c.iy in elle Nrr€F}la.,c:. 22 GRAINOER 2010 UORPORATF EUCIAL =.Et;PONS161LITY PIFIJORT Lj ORP a` Page 728 of 1743 Lettef;-1,01n Clu 1, 1% PxAto v Fro In 04 1 r �ip-o i rr��L r e�t Operairrig Veduing O [�'.XOICIOWP.$F)prIS0I- A G I"i I I,- Ruslookuihly people F.aAroniyi'L�iii conlilwlll�li(-A PLACIE SAFETY WORK XMIFLIVE ying. 0 1 Tr'kin.6-a Asrtj ffl. rr xp9riar,a 01a. EWS rd Aji:jindlquya hno JJI��me Gukuni A PLACE TO THROVE LATAM Leadership Recognition %varl(hard io c;uii ivnt�a o feak work orivi cr.ment for o..r Rudy.Juamz has beon honored as a pol 7 Eiusi rie5o 'earri I r ory-I-m-;i-),:3caufse I.[Ice rj,C,rRioal is ilio s--oociq Ur I-zador of Color by Chipago Urlitud, an Qqji n iza[ion bw-,inocic.We ,riuve wri grEja, uLjti.f)-ric.,eynorieme that holps advainco ril ujti racia'I leadoruhip in corporate vei LI-i a:): at ta,-n m6 friber exw�-rI(,,nc;)&Ild !;,c)Ee owporiem,eE uow.rnavico, qxkqcuti�ve ievoi nianagennent and business u-)&ven b-y eri�ja;yA re),d of[erj;ivL.,—,ncjem.vke pr-)vickd1vomity in Chl(,,:aga. Rudy., etiong with 49 othol- honoreos, �vas recognized fof the offoot made at ,)Ljr.earn mnm�rs veitl'i i'aiiiirio�-ncj�ieveiovricrii tios,gnej G6 rairiger and the broadQr bu,�jjjoss commI,irlity. to hcl,)?fern s3uuvLod n"c. gIci-jo Lhe'r r-3roerz;.We r,,-,,%,, i v:;ort in rc-e areas; --alc rit managen%.er I:, Lca rn nGmbe 11 udy Mas been Vico President of Latin Aniiarica & :X-^Mtillg M IricA.-,ivo,r-3ric.'d:ve rse veu,Rpl c-6. Export since October 2016 arid is part of the 0 rsjrrg u I I nftnnaton rfl Leadership Team-He has help 3d prioritize Team Me-mbor Experleme. profitable 9I'QvAh arid high stan&m;s of ethics-and integrity N key geographIm and has dfroct responsibility G,air,gc-.r is m)ntirli-101-181Y ItIQ.'mAIjg cir Learr ry-c.cnh6r for Mexico, Carlbo and Export. Rudy's leaderslip has cy.p ar'en oe. M! sU p pQrt 6 go 1-.leaa I -rmxn,)Gr th rou�1)t�o;it helge 6 us inc rea so th a affactivaness of sales lea ms, manage rrjC,.I lt.i rid team I i lem hor !oarnbg pro4!,3m,;.@.-.d focus on tho right ht mel ric.q an 0 invest in what customers' VX, a(I 0-01-I'agE! Carver and I ea j erO I ip carve 0 11M6 I)L '-I.. vri luo the most In thcim markets with high-g rovoi 11 potential. tontjrG. Uent Management tilde offer Ej (.()mpI-EjreIj8'v(=! ';Ws an honor 10 `eceive p mg rar r,th�* i%&)L cr iont-mtinn and uor i ti ri:if-.,I tf-roig:%O.A- this recogr1ition grid it's ,i t,3Rrn merrbe,'s ,,;ir-ac-r.This L; Ejlif,nnd-to C-1-I" bLjsiI-(%%z;z; great that our company virai S contir)Uel,'. to be highly .y: rijr oorrl"--an%� wheil =Jp and ')nF31gize LeArri ricrf-hpre to ")ijj,talentprof�I-iqrr Is respected for having an m,,m priziod of ca Lo( r-fia-ag gmen[. to,,rr. I-ni rj 1%a- learn i--g. ilICIUSiVe culture where per lor-i u mre mariaerr,—,r—t, grid I-9ao el,,shi p&.,volop mei I L nu rly juim L:z dedfcatpd, talented liff6rii-gs 1.0 grnw and r1%ejtiIiz,. nur-eam meml.aF; to. I Al IN 4AFRIC-e.a D(:0AY people can ffidve-" .�r:)w,ind suooeed. ta.,,,nt m&na(�r=vTii:-,,r--I rrictiviiies wll:)in G-rih-gre(has 1)o c n r,-o GRAINGER YEARI M.0MDr=R J�XPCRIE-N �-: I rile rit Exc%a ler v%r. S 1-11[e"; I. People WR1,01I.AbIl!SAFETY'. D • E f 4 ��Ygqms a.1 id ParLTArnips TEAh9 1`4E1`413ER PARMr IpkTIOH IN I-EADERISHIP I. TRA124ING PROGRAM & 2017 4 1 n 201 } 6 , This re,vr LW3 Integfa#Irr,will prov.e,n m.r 1tia rn rrerl-)ors Wil I a- 279, 520+ - 27952 �- mc. enli -d exper.encr.nrid eapabdikiep. iriclud'rig rf;freshac Ioflc � °' '' and tfc,'. ..c:nverient nrcc,sE 1l7rc'ugl7 a and total mirriber of nail-oper'atiorial training haters bmndor nfJto s.nd c-Jr,.felop th-ough autit In isle camptated by team merrlhers in 2017 Isarriw,4 so.rdion.}, 1r.:,rie.k GT7`3 rfx}dJlriwill i Ir,.i.-sL ucrlabora#iv- I2nmiriq a)ros8 kir,nli.;irless,expand the tots' lOr-10-inn 'epcsitory a,-,d orableal',e,e,'.intrirvs io Ieverngr,a'd Iooal;?c.,Drlterit. Team Mainber Lfarning (sl,rtearn m6rnbr)ru con'.inix;to Ic,arn and devcbp as,[lie mod,r}1 cu,f bl.s nc.a.;: iwge-',`+clic:ti',er Leadership Development tiJJe Orsrakc a st,stral'IEIDIe',vnrk!'c,rue n rc ra rner lt7rf rvr;ulles role ,f.su flc train ng: ; n ak fnnl:;ills througr.the de,�elccrrenk of strong Ieradcr.;frQ:r a'I anf15 cf tfle kraiiil-'g or leadc,rtihip training,Oral-ger.~ffus mora than ,,roti br18i-Oc;s.Ou,leaclamhip de1q=i1C-p nC,it prcceas eue,Cx-,r,c#s by; uc}urses rh•rtiql. sur t sarnirq Nanagemc;;-.t 4816m rind rr.ore tf n 8W e,olir,,Lti thfough our r-101)1le Ie'trr.irlg platform-V s�IeE. I".;rrc}tirlpi �arrcng hc,rlr;f•I of yell-k:fc:f}a.recJ le�ide,fs and f.}rmal mantori:-.p opportUn%iles and on-khc-lob cevebf:'riLrll. + I:nhageln t�fcmjg lits1ronal g lec c'shle and kc r;l me ricer Through kh(n3e resaurccs,'.c:am rnsmherti ca- TW.'in t c-.Ir current s',gHyelrrer�k:hrr�l,{]tl strong le�de,sfalp roles vvhi'v develop'.nq:.kllls for the future.In tr)`al, GrNinge., I.ara:riger's oa'-nlT.itric;rit .o the grci-mtfl of V.a_e.im merrfoe'e is jsam rrl.,rrlLers complrtred -nc•e than 279,'i2C nrn...}-.)erational axe li}]ite'1#17rough its lender hip�Jeve oornen�Fr gfams. 'I hose LFaini-g flours in?1017. TI le R%jG,apc,nu riber n-'#r nlnr t ours naul�.i-'tksr,' ,c:rt}s}rfJn ki nal sessions Erb is etec tvvrnr,J Its}+t MITI per#c<.rrl memhcr-kris- 1.3. rnornh7;r.; g Iliclljdn 0raingar',,alcma Emerging I-:•a.de; Prorral>•I, Fir ;t-i me NI.-riager Procrn-n and GIooiI }' Expe ani ccJ fvlanager,„p,oc� raw addrid ;rl 2014 f'fr ffc.i-line �� I .� � :{ 800,� E:nr;rri.J.!L'�1e1 rr��rr,argc,rr;. Each pre,tg'cirrl is des ign{'r> C)[>gt;jdrj.lc.j to Isr,dr r whey-%ier 17x5}are un their back,rah,p,ou'llov. clFansoe offered e uurm offerings through learning through sales mobile �ralr�ger r,:}nlinuesto E}r c:cnnnaiue:l it IcatcJershlp e 'nrti,�me:;S rnan2gement 5"torrl ';x4 Iei�irning pk t#orm as;rft cid iuu p'eoplc 1'aiLlq'- i He ii'c:ludL8 e,°J'p'RoPIt'Ieadef rffr,c.ti�tines3 cgoa1,the ip',vsrd fig.^.(;,L-aO;sur• ,ri..c}'Id c.C;Ce ptollcipr-,tir)n ir- Iea.jefship prc.�r. rns, (4 thc,2,270 Ieacrm(Iliyi0 e I i ZJ17.%-4'r, -andtiorte6 t'7 r,now Le�ir-,I-,q Miari,iyernent to nRrticipate I-' 20'7, n7 peruan'. rcpt,^imc a repo-, oased(1n Sys '-eI'1 (I f ;)Lvlri)ir,(--,1-.5.TIiIs enhndent Ii7Is; ..I.)Q kir. rc,c�uiS.te numhc;f of respowlorii.i-o ensure carrldentialit5;, tr}oL''.or t=a'frit::xL3eIIer:e,c -.D arl Integm—.c-d and Incrcv�.sing the, irwr-,strrlen!. n each{'c?r of ectivt;nosh w!aLle�%,,trCncj .L!if rlp:Ified tvarn rnember c xr.erience. 1 h: Lf5'S r'orlalc;vm� Oe-,plc; I^,iders al.uvzeP} Ic,ti l ref the t oripar&.-d%lhich in turn.teas irf i}Ivlrlenkc�ci i� uar,arJ�in tht;firs.'18!f ct;C17:wl--� the. ror minder a sitgnific,ai%I effect on load- fvlemhrr Experle-ca dna,ultlrr,al.6y, cf Nc}r:')r rlCrirari and Ise t;= :}f AsiEt to C.c,. Lvk , in earl} r1C1 t# r,a A bk-sinmss resr1lts. q (jF{gIN{:ER 201ati C;ORPC}PF51L• 90CIP.r. I?ESPO[+<Slrila-ITY RFPOfaT °ri Page 730 of 1743 1 1 4 M Valul .0 THRME r, 7 R Women in Loadevship Grainger recogniaos tfif)value of diverse talent 10 0 and provifns opportunities for indivicluals to attend oxterrial programs to continue their growth and de volopnient, High polentiW of tOq m members participate worn en 1113 Ph o opportunity to tAe part in a multi-tllm�:mslDna I Lead irig Worn an Executives in performance reviews Progre)m, as well as r� number of prograw s through the ExemAlve; L.oadorship coijncit, I-ei�idirig Women F.x(s(:iAives is a Ieademhlp Performance Mane sme?�t Fa forrnarr rti�rjr acr meat prograrn far high-pr)toritial Tamale professionals that foal,o, i)n three critical elemonts for is a oont.n:Jous t]r0CfE.F;s-h 7'11e11?s team n•ember:;foc;,s sucreas_ePganizational support, loadership cm tnr r,cght p,,crltles. Turn rT-c%xr.bom reoelve regular Wlt building, and ongoing networking.This fr-c%.f o 7%ck ane ooaot Inch to `rnproua their perfo,:riancC;and. year, Grainger sent 3 foam members to this a:c prcv'ded's:Ith opgor.ur:it:c!; to hnl^ 'helm grave and program. Erin f'tacok, Director of loternal i neve ori_ 1--Pc-,h tear! member Co .1np,thine to I'Ive.Cur r, CorrinrlAF1icatians, shared Fier axperierice. i rrr:,cin:ri =iJl o=,Is that are ali€lnvsi t^ m^mpany strategy and •c:c.v-m },i inn„al pe-rorrrarit,,., a .;csarran-s based un 3 1 p-og•eSE Lip,--in;t goais&r;d der riori.;t tn.^ri hn�avioi*s, ;., °'f r 1cipating in the CA�t��r UEVELOPMENT PLANNING AND Leading Women MANAGEMENTLxecu ives Program loam ruowe%are erico.Jr.u,-)d to have F.robust Irir;ivid-%<:1t 1?t ;� , m provide me a nm�rnningful i I.)r.vr,Ir,t�ITant lar. (IDT',.Ikn II]� is 7 docuuT�e:�.��i �il�r: = cpportu+lily Co advance %, ;irc.y ho-s'lean a :earl1 1ricrri?x,r and their Iea:ier :;15t c:jr'iw.;; 1 and extend my IectdE'CSllip -nrim maI>,bs s r .ori '.r� rrrrr rand cis�elap In Ll ra.rrrnt development both frnIN;TACEK internally and e tprnally, m^ 7nri prepare fc'f IUILJrf. rotor,:it(1,ai:%gc-,Addlilorially,vw a UIREL7011i,GNU-nNe.i cor,5au Jirr,�rc�nc; Having Me ability ?o off:r F7rokr plannl^ t}Is for ton-n members ers to exr�lor., rrr sr1 netwoi k bvlth and Ieafn aloe in d Ilerelr.p8r!s of Gmingor'; bus Dass, A role Iih.,riry+ from other women professionals vile � f.rnvicss real life s:curl :; fr..rn learn members vmu work in also gelnling valuable insight from flip ri ffwollt tae„f au^,;-,menta allcm tea-ri program curriculum and speakers 'n oisca•n opoor'.-rnl'ies that might bo a strong rut. created a very enriching exp, rlence,” r,5 URAINUCR 20iJ9 (10HPORATE SCGiAL RL-`-PONSIrrIUTY REPCMI ;,;,,.m �;7� > Page 731 of 1743 Otrr I t Y �. ouOur People• I II � �J a Team Marnber -'' Well.Lie€ng Initiatives v� '- �:I�Ta='lfir.iK�:lwa�6,3amll-lelrte�Inhrl'KJU1:'I'r.,1.7{1b,F,�eto,avA, n�;I'r.�,rrul4rw' . 'nr.11411:li'u i P;Alk-jy 'hE e0cp9rd5d nir' kls:iii.[,<:f An pcliy{o'r1vrJ'.6 %Ir U11:1�r l'Je;', '61 eCly c.'ri w!:V;1;11'11A K@P"Efe. Total Reward P,#(ara:rr c: ,:sur Icnq Lean E='j:moEss is tkle direct rn;1,t of learn ,t addition, we provide retifemRnt^rivil lys, pall holiclay t.nd 1T,nrf-her cr}Ilaboratlon and ind;vidual contfibutin }. I.1 relu,- for tima off,c:uca.11orlal assie#erlcc anc, inrolrie protection acrrc,'U,, rw;' hi rip Uur team -nelrlhcr:a rpt.wr:j del:v2r a 1 s3lrcrwc.-lrraf',e- a5 �sc311 � -:tvrrleLy � otl7er p'7�'n'rr, tea n rn7rnhr.'rE ,otal-aewards programE=that offers flexibility and -L holce,and the oppor_jn:ty[(%.'01 t(srrn rriernbers to nctivc.:y l}ardo ipelre irl tiro r uiwrly seekte7rn �1r.'mhc�r feed ani 'ont�uc:l exl�rl�al tho benefit$that nr;)rrnsL'r,iportant tothcm and l;'eir[amI'les, crarnpe�sa.;on and bonofitr radaled banchmarking t:)renlalr- eornoelltl-ee'n anal of the,ma kers In'which we operale- ;)rr Intal Rewards procr�un:5 arfv defined to monk the divF'rsc:needs o'out taam rr!F'rrrbvrs an.l suppclt#heir Gr�airtr��r Greater�Great Te�1m h1�en�ber�xp�rierlC� hoflfr�and v�elkbeing,-inarrciEI fu:..-jfe and work-I f^ In 2f;l7, .5ro kra,+eluc tf12C of our :art ,t aeilllies .o co7dt,-the: b'aln%rco.bNr,encourage our tmnm rrlr_1rlbar$,o take chn1't o.`'aIr Total yew,7irds I loadtilluv,an.exozmJon of our health arld oeY1r'fi-s health r)—I create lkleif own%-M:nnE;b juurrle;r, Team mOIThwts fn r, '.5rith ref. t,=,c,ntatives from 'nany o fur yore urograms.-:ho a e gi5,cr. access to t ealth Iar rc'sUUrGES 11'tslr;r1 Int Iu.lc;rlc?easa Tnk,l I'aor:'i'ri3 herr.a%%:i ort-p•cljr7rr7 pa-19ers were rmmagurreff-, lol)acco cos titian,inaiernily;ijpp,ort,streEs� tC�ng1�.^. ir7 I:�c. �yJaIlzer d e'F)gtit'-with 'LearnnSelTharS,;).,r rra.rraoen1C•lt 1311dwo'g-it IosL; progfams wfth lu curllne pnpfc;;oE1 is i.%.rlovawe arlc b;1 IdE'r wElreness a^,o nccnu�tr�l�'fty ;1,l,pwI^arr riunitias, �)l-hc;.,r virtual health sorvicoE;grid many _ter nur tear i'ie-nbers erntl-1d H..• ,8ervloes ak+ailabla to therm as F,thor rewurous so rhf;�r,r311 s{et timely ddviCe, a mornhc,of 0ndrlruer"a:eDcm.Our Ioar r's pufpose d,_ring I ., ror,ids,t-a-. was to; ■ I ir,,!nr,,, the va lue)t Ora-r-pc:r,Tc-L-1 Rgmlydr,ntirrin�4t; ■ Ir1 wase aArlrr nc;., erigapernent: lJtili7rtion a rc; pro relrl �rrc; ;�Irrrl part;o:patinn W. rftrrll.,rl,r Create a rlc,5er,F;rr:on:nl curlr7vo_ir:-I E}atvrrrn I[:falrl _',hg Hest•; rr-.(,rfibvrs and the lct�71 I urwe .r J8 p.rcg am; and -1 p,'F`u7Bn.trocar ■ R.,'p team 'rlerrlb'ar„undc'r�,tand the toois nnri rr;()lirL%r_*j ,.vr_ilable, ?g O?AI FIG ER 201r3 CORPORATE ;c)r.FAL RESPfJhE5Ir5ILI,rY REPORT Page 732 of 1743 OW F _ F + 00 IkiribGr } OU An Inclusive and The Asian F'adfics I.-lander BR Qlver i-- Culture �'he,rni:,sion of the Asi kin Pacific Islandor sus ines* :'',t[=� ainFa r,t cue n c^ ou +;c}rr non Resource Group (API BNG) is twofold: FAEF.Mr,incl leVeragi-)q :}...r r:nrr;Tr-mR,7:,s di rla 5;. >> To unlock tlio full potential of API toarn ITrember We r..nr.q n tti3d fo a c-Ii,---r_ tales I, drive c Mural awamness within Grciriger Grainger's perfect cel I^clu: ,1;icxr-� meanincff.;l LC {end drive Lousiness resuL%,_ scope on The g Market Grainger to lbr,AP[oammunity(internal and Corporate Equality curteanrfvrnt.��rra, �Ilo�:i^ us Lo �= l Index for the ac,a,% dev, lug, c:r,C.j-gcl ail i retR:n oxWrnal)as a great place tr)work,where AN tear- the l=est tale^t availa:)lr3_';.v�3 serve members thrlvc;and add significant valuo to the pant three yoors tbusiness and the comm�,niky, i the b„sii7es8��ee�iti of sr�inrre{ZEin��ll}r I g 7l,al arc diverse :,u8i{}'nrr hose I 7111 11 we 8-•rre to On Su re o-r tram mflewtE this rHoij1l chH-0inr, wcrld, ncluslci Ealc divr;rtiiryv i intarr-1 to .%alr.ger's:)..F;ine^fi -OaS. aro tl7e Cul`;p8rr�, ig L%omrii-tad to foster rq a.rl ,n„Ijtiivs env,ro^n-en: where 0 mornhers feel safe. W3 uod omni oncourngod to voioe Llleir o%r)in'anti regardle8s of f ' aqc. gnn—i^.r, raoa: ethriiolty, sexu;Y Cil.^,r1-<;t1711, vatefarl8l€itUS CIS ai}.l li;;s Ur Or-H-cgrOUi tis, 1 Training The, comp-my rf3btoroes its Volll rl:irrr:,.k to � I inoluslo-% and dlk?rsily I-)v cA-)ring inatrrlct-or-led &1d f;-l(,^rn ng col,rees ajch as Irl:`'ur;ior- ,}nd I)iversitty, A BUa'rlvt:s Impe•ativeand T[ieII cprn Memher.wi)iclihr.-Il: team prufr IUSallYleb,igyucrhr.,•{Aik:xg::ixr=ii¢v55+pawiefe.1t.GrMiuU::r!*IWrg cr mwol rermoi-Le=:11;:19 3717 Chi::ayi)rl!ri_rn Hw.Five lar Lilo memisars Underaierld rF m hue nor s case f.rr dh+e tiilyv, (:xp.lq-,) the 6-ab11ng n.nd8et arld I.)(:tvivir•s that`8ciliLa.e inuIt,r;iorl ir. I the vOc�rkolRce, res�}c!rcj r.ff;rtivC;ly to di"erbn�.�e:: arc; In�;rnn�e In 2017, � ASI BSG hosted events Irt�luding; I the level of inclus o inihc_i .t+,nrla }m,�,Anoi er;�fferin.a, Grohs Connectlons D(vw[ijprnent event for 600+loam I'lic ,nciusw-3 Leader, i-Octuipt,F}rrplf'.aad6rti}vvl.) rlc,lu%,.:!v(; rrlembom;Junior Achievement Day at Grainger with hchnvicrs, skills R:)c! Less p.-auticrr;me%�Ijj ateaolk%p, mock interviows, lab shadowing G.ndl Icadcrship develcpir:g, engagl-)p ar:(r..tain ng the host and t-riqn-ust panels fpr 30€dudonts;Asian Heri[age Month events p. f-,ple at Grabcaer. lri partnoinhip with other ama company BRGs;Drove community presence through Involvornent in our Dragon Roat Program in four cities across the U.S_; Contributed to=3iomor value generalion through tr;arislation SP.rUIOP,_ I .'7 G R A I N G E R 2018 u0RP(JRAr1.. ti1)GIAL REFP0N;ll9.l Ity FtEf0RT Page 733 of 1743 ■ i i • Ourr • • I I Business Resource Groups(BAG`is) GI':7lnrar hoz eight In X017,the.ERGs oor trik u:im mors:lhan$05,00.0 in do:)r)blone BPCati t,.ri�foL!ter beam -n, rmt:m cn,4ageme1 arm hole teary. and vol i int.:eree incve than 1.1CIO howl':;With '.4 diff arc:"t mc,mbor.;sl-ire Illfo'Ir,-w.ion, ic.i[ :,eXperlenwes 3'l.1 resources, orgy-inizarioarls Ifioluding Uno Mi lion Degrees, Uhlic,h Children's I hese,prQt,Ps prcvida poor support, career�,nv,loprnerli and Arivaniage kel:wc'k, arld J;17 or Mhievc;merlL `d,any morilur rig oopo=tr,n:tk �,its acdi_lon to raising awari�nesv through til`#h^s^),')IJriiee, Ill l`a#15lc i-ic,lucie rr.entoririg opporIuni:.Ie3, .i 51:i".',b]+Ui�IaOLIaSIC"' Cr•�ll�i.; rid aotl,+.#irF th:�':;re.open is all, Intcfna lye 0ra'llgef ,I m r':'i:i aBRG r%Aentorlr,g Irog,airi,ve'nICIl i,-.(,ludes more than '.60 learn Ine'ribers,srr:in:) �is rule mode's OUR 6RGs a; d inspire-ion for ubuugrits.>>I_varn more about the af1G_ Csomrnunitl_Fund o Adrninictrativo Businer}s F Genera#ion�fl _�� Partner a Latino African Amorican D Votaroais i rnd Military BRG volunteering included; ■ Asiar)-Pa6fic Islander uppnrt rS Dis�hlllty V om[rl's x ; Equality All ianco ^" 'ix,;= j" rrp� t Apo cxi rro_ely 3„1C L. V-xin rr.embers n�lrticin bhe PRC's tharks In .arge nart`o our BRG Roads wl x. daslgr}ed tc Rttr:;[;.. ne'n' nem rem. I-vcrf '_�RG has an exoru ivv Eporlsor"r.11o wor"s vei1h these ogre mer nL girded gm'uf^';t7 help u3 C%ata tha 22 15100 r°�ht,v,)rkplace by tisr t-dr'q IrlcluBion arc cmat.s:.he rlrght%vork- voauntear volunteer foru,v by a,.'ra;'.nc, dcve;op rrg fx-ld mtair.ing top dlva,se taIG-t. projects hours i heV`i_sva helped�,r,^.orJrl bile r.usili;-,traiegy by oxWincg un que value for Of 1&,,w oustorrr,m and' reducing cos`. s.nd-"e%+ r have contf butcd to c.lr cc-rrrlu-.iTi0';Pis resporlslb.e staldwrvds. $65, 000+ 200+ 14 Diar[atons from Grainger Buslri s volantoors nonprofit organizations (Resource Groups supported The Latina BRO The Latino BF10 is Ieadir)g itha pack in terms or ohapt€:r development and field invohrernent with 16 total chapters, 8overt new chapter,*created in 2017 Addi Zonally, the Latino B R G wa, invoIvo 0 in a variety of community efforts Including; GIS-Conimunitias of Sr:hools Gala irr hlooston; Local coilego f�Ilr hanefiting high school students aril familia,* in NawYork city; L,utlno Student Fund G-W a In VVRFtkirlgton DC.They alao held on event in Mira Loma, CA for Nspanic Heritago Month for cl volopment of tap talent l tinoslLati nas auross the Company. 8 GRA NGI!,Jl 2c.1b CORPOI 7A'H; SOCIA RF'il'1%)NSI3IU,rY RC-PQF0 Page 734 of 1743 A J.eitvr From Our A k-o;1ev From Our CA v�i i r t 5j e I t . ()puI-zjiliIjg Valuing Our S I ic F.-I nin r Gllairn.1,111 4�-C L,rj EXCUINV12��PDLI_�Qj' G I.,mino 3 Oiij- Sial-i.rin�j OjAr GRAUMM. People Pliviamnleat C%OMMMJiie�: P_vTO A PLAcE a I!, it -TQJ�l Rqi�.Edde Pr M A CoMinitment to Adv�nvo Diversity I-,Poi'.', a gr-,xio ol'mor e JjFj ri 1,150 CEOs. I no lud rig Grea.ngoA DC U.s, WORKFORC.F. DI]FL1012KA!"HICtj I`v1cjcphi:.,r.-;nn: s'gnec Actfaji fqLD of Kv f3 I�L __&ID0_1ULi0_q, iiF NAICS IndL1HtW Lh(2 laegc'.zit CA-0-driven tc)ei.,JV�r-,e Oampo�re' ity a-d i nij lua L)r I i r,H")-.1nIRP I&:a B�.E ign ing on o Ll I 1� Gendor D Ivarsilry cornm i-mr-1, CEOE art. p Icd g ing to Lake action to i, I HvEaE: an ELI wc.kpla- F3 where dw-,rLm perzipe.dLi voE Irid?vp,9rier obs arc-, M v,'ok-,tired and 20 't-Vith that 0C,nIj'jI xj jer1l :nmine, our 20-7,u rt rzark8 a,) ie impor-am ir. oir 01,313 sl.ory, yawb rel:y.)rL prm.ogs addkiorial ina'ght into U LN.1"m'ityand holU8,,erm;,; rot r-',rorgrinizal )r- IDY delivering 11`0i; [*-,'111-Wr d:verL-'Ly U.S.'NORVORCE{Total) U.S.WIRKFORGIFF(Losdiarahip) pefforrraric;a 'Wo I)c-li-qve L,)aL Lrjf_- v,vkIC-,(je is e;-cribai to our T-)better sartiNv thc�se Ratti,l ipild Ethnic Dlvemky s Lakel ioldcs: iiva are'veorkirig to i riprove cur pe,forrr„nce Global Workforce in 2U1 T, GrHir1q,,,r cnpigye�j app,-Dxi,Tiat'sIy Pb 000 periplu vEw.'riviii-je;77 oerce'll'of t�i.-f--t3an I-norTibor;nra .,wej in N(All Arnorica. '2 perutirit in Furope,u p�rccni :n Ade Pauilii:,,and d pwiagnt,f)Ceri;ral and�o.P% 5 U.S.Workforce Dernograph fog in ?9,7, Gralrigc-A%, U.S.'PA)WORGE i,-rotal) U.,q.VVDRKFiDRG E(L-Ho-dia.srFip) ,worklorco vo�97.,i porueriL'v.-crrion fwo,'01 olo 29.8 pcvf�.er-[ RRE;Ijll— d FE I thnIc Diveisity tRacial and Et I linic Divorsity 'VOITIL-n in pu8iLlons. Alz;n, Graippe.,s wor.Anrf�.e 'In t1l.1110ution at Gral ngm DistribLi-tholl at Grainger veal pnrrGrit raoial H-m (.,thnir,@I.y olvors herr r-v, HitpArilli; 1C.R Mrlmn P.rneflwn a.5% ,vi:.,r- AfriDen Arrwcan 11.4V !lispaill. &.7% ) ril I and 23.2.Percent m.c.ia I and d e Lhr I i(,al y clva,so lea 0 ers. Asla^or RMN Islander 4.2% Askin cr Pa:212 161wder 6.754- Two of Mora Rams 1.6% TwD orMore Ratza o,9;4 i Am-.fwd ing to Lhe 2015 Jr4i PstsefeiB lro!- ajd Vl�;rrim Anicricen Imflar,f Ark,%skan D.4% Arrffican Indian I Ala�kaj O.SS� TbtEil 59.656 5eniloy ftlanagement Tow 2a.3% 7,qta P��c r our�:,.L pedormqw-a Outpaces Lli(-,.NA:CIS, Indu8!,y Corlpmiite XlLdj�FFfjR:'S rX.'A ffijjd�MJ M---n In N%T9 11-0.1 rLDHFI AU'29!YA RHx.. fo., both di.3 i-al and Inctu IriaiI n i,;tri b ulora TC19:lmnie's wy w vi pie,seiy cki5 Iv rcurdkj; U S, B L N Going for the Go(d Since 2014, Grainger has partmemd with the U.S.BusillesG LeadorsNp NuNrork(IJ5I-13H as part of their Going for the Gold I nitMm. Goi rig for Cold corpn�(,,t8 pa 1-[jo[pal ing corporate partnem with US B L.N qu bjWr matter experts�v)d u niter,the rn aroki rid di f3@bi I ily I notuoiian th rougri leadlrig peacti cefi,an6 tools.Since the pmo rskip began, wr,'vr,,hired 277 tea rn m oinbers with disabilities, an I ncrea:;o of 857 pe roonit- Earoi rig a score of 80 poi-ce nf, we havo bu u n recognized L38 ra 2017 BesJ P In[,,a!,to Work for Dilsabil ity Inclusion or)tho Disability Eq u,A Ity I ridex,whioh me a23 Lrms honer f.'f1,a0i:1vv corripaniie s ere veith rosped to dls�bj Ij(y i rid udon Wo a rG pro A of this recognition and I o-ok foiwEi rid to further 0,ongtliiani ng G rai rigor as a Creat PlEi � to Work for everyorio. 201H (;()!'tFIFJRATE SOCIA1. I"IE5PONMI311.1TY REPOrO t=Joj < Page 735 of 1743 r-row • People t 4 3 { I University P2rtnerships +a partner WM Hist ruricElly 2017 Awards and necognition black CollegeziMrd Universlt'es t7 ht-1E Elrengt-i-qn`.ht,div!arsRy Porfune Most dldmlrecl Companies: of c.lr tulont pipcli-e.These F.�)*ard Univor.cdl-+,A bany #7 in tllverslflad Whofesafor's State UNversity nrid Florlda rl&M lJrli,+tirslty.'_ast.y,vr.,clre-,gthen d HRC rporate Equality index 4th our early-carom talr_nI p,r; li r a thi-L.q 1,QLx:ntemcs-irs tangy consecutive year i �il'ect pdac rlrl.,rl .OW emphasis t;)tllese end c,itiw strategic I/ North America Dow Jones of gar'i7ratiorit; is crn 1%u:!ding doe oer a'll.'mr.-c ryieaNSustain9Wllly lnorox pa,ulersh'pstha-can oont'nlai,ly irnprove oi.r t-ility to develop, #!7 orr HR J<x2orrlhvDl4Pagazirre's attract rc lain Mo6l Admired in HR tlst Strategio Alliance Partnerships YVc actively recruit J 2077 Execalfvve Lesdorslolp C"ncll ,Qrrrba3ss8[lor CompOrfy . frn1Y7,t'rld rrainta..i"1 ro aiiorlsl Iles with+m eras strategic,allirlllcL I r Inervhlps, Str t[_;;ic;alliances;rc,c rltical to C�r7 rigor"--! W NeLemweek.coon Top GM91T Companies a r i In the U.S.y077 c 2 -17, "r«irrr er bunk n fkv'jr.rk blvl't on prrnioli:ll�y� c:xbilrlr] stra-.ogir K-dlir.rloev with 10 c,; rl'zgticns to kuZc� ou � FTS�4 oed Member Company repLAtation Els a top ew.plov-a-for d'veme to Brit-Airco,2014, ✓ poffUrres 2018 World's M" ,aingef has hir.,d !,lore thEt" �17(:'tc:-arn rrarnbf3";thrr.-, h Coinpani"litl1 consecutive year 8IrategI;Er1li-;rice:,pa-mem-ip>. Ihe�se ofgani79tiQM%'incl de; d 2077bisafl;lrty Egtralitylnde v Best Plaor to Work for Olsaiji fy ` + V,,itional lr3sociation of • Skil s fn, Chloagclan.rlls frPOU61017 '-Mimcn MBAe F%A-.-%;in 1d X10 iBost Company to Werk for Mfflarrnliels • Katlona.l Solos Vetveork Oul.and Equal by The Women'h CtrofcoAwaoV + Nati c.-.al Black 10 FIA • y.erruit Vlli,.ary ✓ Working mothee lWOX10,o vest Cornpanlas 2017 ■ H.spanlo A!li;rive for Natlona A;c; riatio'l M9xican Center for Philanthropy(Comet;) Career Eng,zinc crrierlt of 1-.Ian AM91'iozn Frc�fesslonals aad the A+rPance for Corporate Social + Indo Arrn:rloan Oamor nespons;bility's(AffoRSE)V)stinctfve Servi;ns ,'ks cc nH ESP" Ull?4wstd,4tcar wnuf an trear ■ ?caohing Out VE-A Blacks in Tech V Mack Enterprlse's 2019 L;sf of Top + H roPl. rpose Fmcutives In Corporate D;veralty US Busjjo,;: I_L-Bders'-1p. Nee ork Forward 11VHAT'S CCl•9IIMC IN OUR 2019 REPORT + VaI0119 Our People bocames part of PGnply.-arsd Purpo;o SjJhjeOL9ln0kido Health and Snfeiy, PerfunnaF00 Management, Lpa.demhip Development: 11)6Mlon .and DivpTsily e Metrics Flloludo EHS SKre:y,Taloni Attrxalioll arld rletenFicrll, Taam Member Diversity w� 9C 1311AINGER 741A CORPORA?C :1UC�'IAL R=5PC1FaS121LITY Rr PORT Page 736 of 1743 • 4 �.r ' '.r�y::$:i�%'�I -•r*..��:t�'�•,J S}5i�1..�, fM1Fi r'3'- i ■ �C...: .:r'.Y'S--; � r1i�:1 C,}{.""n�;,`' 'fir 7k, a Vr,r'•��.ri}::?,' -'� �FM1 is fl ;��'✓�K.-#,3€. x�. x rc4 W�F OUR APPROACH OUR OPERATIONS OUR PRODUCTS OUR SUPPLY CHAIN Our Operatl-ons Givoil souse Gas Emisslorls Helping Ouslomers Reach their Supply Clio in Slemrardship i Our PraducFs Raeyoldrag and Wasto Sus3darwl)ility Goals Tea+lspali�atjan oLrr allpply Chain Resoul-CP Efilolency Environmentally Preferable Produot3 (EPP) and Sarvire� Sustainabltily'I raining OUR APPROACH i a,'s+e work t:,con-:nl,c,;ls'y our envi'on`ne:7ta1 fia'rfF,rmanoe arra;.a 111arVal.;e chin from ou'isuppli:;rs throtjg�ou•ot;r;r<•;kions j '. rino to our Wu;I ITIDITI."Ne enc ourajsi-;str'r.ardshlp L. Liar a;)eratic^s anrf sc.'olc to sha'e ;.e lessens woiavc:Ic rirnar,'4witl)(j'I�vrF;.yore pnr;ner viva s_,'.rc_ml third parf'?8u,�r.ir—ability of gan �tic;r;,spa'^I7 a,� !'_'GIA-)fforrnall-{'riru:i7 as the'1rt,0n Dicloaure F'rujaat;,the [� f anl3 z E:a;uliv�'Vt,irro Ic,the U.S. L-r-gimnmsnial F-:iloctinr Aprio} Sruirtw.,y progrL l.m,4jl-Inc. (foMJ2 Uridmwriter's Lrbti}rnto d%. Iris,.)a,nd the U,S, G,(,c:'n I]Joing Co..n.;il to hlaip us al'or)ourrrrsimnmerLal iivcistlrvn,s';s',Ifi alir stskel7ulcivr 'r:xprctatlaria. 's'':o help our oupjlorr„r:=vAth they u. in,hi;ity journe}by o7cv ng elle •i�4f}I prnd,.^ts and lawl no our experli.:x.^mune 52rvice.a nrd sc:du-ons that are -rmrc:- tunable.Iri d,iikir.r to help) g our Fustamei•s, rr:: :ire,idGrti[Seln� ',rear nppofturll''es for('rairger to InL.,Gr<te <;nd RustEin c-ound r.•.vironmerita:p•adic.c, 'n cur cvr!c)u�-)<,tions end dle zparati-3113 el sur cu,:tplrer8. Our opeyntions Our Pradaacts OUY Suppler Chane~ Wo primarily kCLIS raur offnri urherr ivG CraifiVer provides cu5torners+nritli Wo vieve our supplic?re and vendors as ran have the mast influence.GrLinsgnr's the products they need to troop tholr our allles in improving our emissiorls f distrIbution cenfors(CBCs)raucount for businc—ises running over ttio Long and makerials manapment.W,3 rely rovghly84 percgritof ouropomtional term_A;part of this, wig work to on a netviark of thlyd-party aarriars square toa#ago and vilfl proportional#'] Lin lorstand Claw thasa prodLIOL affect to rrvDot our trtarrmportstion needs, iriureasr3 ens we expand our service the onvlronmoAt_Our cuotorriem havo 4Vo work with erre largest suppllam to aifering,Ilihererat to thls footprint 6 an incroasIngiy requosEod envlfonmorltally innDvato and Improvn our dl5tribartion oppotil7ity for energy managoraerit.Vera preferable pmol a:ts and%"stock thOM packaging.We 001 10M elate and sharp crosaty MUNitof our Anergy oonsurnptim to meet l]ris noel.We cuirantty offer nest practices in sustalnabllily across and Improve rur green eneily mix N more than 72,UUU environmentally our value chain by engagifag aur reseaarcArag sustalna le solutfong to prefrsfiRNO items that help custrimers suppliers through the CID F, Supply irwreaso Oki&I"10y and utilize ieneviable maintaln sustainable facdffles liirough Chain Program, enarg}'.Mon possible,'n'o Wast in onsilo offlclel)t energy managernent,witor r2newra$le enoW.ps,rcl a&i� reriewvable oonservation, waste reduction and r>L4eani Moro About Our Supply Chairr ener+Py credits vr3 greerr t5ariifs_ alr-quality improvenieril. 1 >>Learn More About Our Operatitmis >>Leam More,About Our Products 31 (:r,'%1NGER 2uiQ6 C'QRPORATE 80CIAL RESPQkw!I3I I_ITY REr'(] 7: Page 737 of 1743 I; :S OVk APPROACH OUR OFF-RATIONSOFF-RATIONS OUR staining 1,3inply Chain GV, fliek OUR OPERATIONS SCOP1= i AND SCOPE. 2 DMISSIONS WLTr1 INTPNSITY t'' r :g Climate Change Disclosure r.; S 5091 h1rC.f r ,.-•..� U`s2 r3CClgnizv tllrrl ollm:a#{:t;llal'Iga IS ' I.' My Irden3llyhl�#b tr�1TC0ya�Raverrje{Irl`Irtr¢] x; (3raingpr sigirf.; Int g10bs.l iss " ac:. he company , i >%>'f' Ir1alnEaln d 15Q,400 20 tMA-CDP toki fig stops to redllC:, is ener'gy IIR:,a.rld f= 9eWE1 for %r thr".yPars gf9rrlr{}use pas ItC�FC�j elrli9slons, [a'�irl $r 1#3 Ina row has partioipalea ill the L'-)P sinc7'700{x, 120,004 1 ' pravid'rq delal on ❑,..E.r1e93 IiSk;.1--d u opport.Inii s related to rlimale ci}wn9R I1`1 ZJ12,WE3 hooarrle file . '` *�' i ,000 1 first Indiistria' d;stf11)u-Tor to 1-,utalidy distil{ r RE earl-,on-{'-'}ipAI`.[ � I- '10 x LL' Claw Jones gurtaiinab.11My Indox [gra r1ger, rewo'gnizod fcr its oofpor;#{: skj t[E )ability l {:I(.r8hip det7I11{.0 irr 2017 on the Valth Amoric,an Dow-R)nc; ..0sta rab.1iky I•cex The Iky%vJorie3 5'.a-ahr A)ili:5l Indices:err,'a farrlilt o`91r.-t}8I benohm arks fcI Corp ode sustai'Sabili J,k r ki^, comparri based �:' n{; ;rx ;t, 2 ti�m 17:} �t oS M's lalysl�of finar fl i Iy I'e.k va-t o viroTrient 0r?xii� t% i f:4 •''n`4i +;":; T:x< if 0 podril arI:J goverminc.c.,'au-cub, Curr ri.ly, Gra.ngc..r i:; -`.6 orily 2091 2012 2893 2014 ?.W 2416 2M' 1'I{ju`atrlal dIs$Iotltor r7 .he North Arnu'Ica 1)Indox. *FCfKA dalu,Qui'gx r..MilIF.0S pr2OGnIDErrIGEVS-5R:I:u:kvuleu}Ieo8-zieslwroecmm.Mi r}Yxr20',dDRIFF,P)?.o+lI AIC13Aerkr 21137,6a41,Fla,SrdtwIh9Ner,katrar4�us�Siifik&V8`eIhlereeursiF. htt Qie1414'l�s=+l {mRIT lluu!j �C A a )ppB 1 Lij ar:xq eE F�emieakrs Qqq: i��i Ery 2l it Y4�IukrBA'+me7etEAndvlli.GIIGam'SBI0mImmr LjajI.aisY'al.Armumin-:Irec!Qxru1}x0I ENERGY EFFICIENCY n�nl:l��1�14,1h3pyoi.rg9I5 asel.Thbh'?n:111 4WMG,'5Fg9r,r+'.Iii 17nL.S..QrsdrgrHimic9 r1�tkN9n]a-0'�YilIlInrl9}]09k..S`7AFIhnhF.',Iri,Grel rlrrryf�:miirlr.Nstil?�911p'B7GIYh.dr.n1`J9111 FnwrC7lYncaiy65'flhYCp9 l4nnlr:rrRiaRKMI. - %rdlydodecur 4;.6.dPIR"}ra.haI'i•]oS4 Greenhouse Gas Emissions (GHG) Ili�O'.1.Tnx9CieCIr4Fkrrir..tiacnF�IkITOr�'rflUin:elirul9?10fu,*end�;l,_',��:a�yr�aI . rd�icc.j%,c- ,&W.flIhxaeLE*-050rg{F,ca��uge01202an-1�PIP. Vele are oc'-nmittnd to ii113 global -;ff,rI to redUl.-M,GHG, We tccus ou''reduct on ;trstegy arOLlyd h-;n 2%aeoi'io -trras- edlvciryg Intensity Target Goal I llerlslt� ind waste In our fx+;n o era,.ona anr. sJ,)poithj 6rr,lEE:;IC reduotior,Sira`c,raies In a,;rsupply+chain th'Moll ucrllkoratic—aric 33% .noreamd transparency, elriss 011s.are dlfeot ern^s`}rrs 6 HO Red Lic#ion by 2020 ffrm rrn'nod:}r oonr"olhid,s}u•ces.Saopr,'2 c-rnlBeio%Is 1rr, .ridireci emissions frcxrr[lie genornt-oriof purchas.,(: (wer'gy, { {signer to f,c,ac:I)levablo,yoi. uha Ia11g9 ot.r uperf3ilcnS t:, Scope 1 and 2 We dross 011 a:a cur baso Iir.:,5re�ir, I :vhirh identify inn;}v:jlive gays to operate mora rtficierlLly,'80 nr(: crriisslons krlto':,{j 14 J° mn#ric tons, Sir^G: ?[:1',',r.a ^rive r.gh=on r11r iwyel, a .d Inv{, reduced hall C%O,E;Reven'.;2 r^ciu ed `'rof}{: �rld SC,')PO {'rrisslons key ni-r- rlV 22 perc2 . ,r tend y#012. , c'U3 p G;r'rl rvJuCtl01' ;irrGs 2U','I- C]Iar 2L; 0 I•- 2{}'.!, o'.Ir 4r,{gyp{: 1 and 2(,IAG{;rr1 981VI1S k';^r^ 11 L',°3bt r 1Ctrl{; :4oa f'7{a {,c� Gral-Ige.on doir.p busing^;; Me rl'ght Y'ay t},+ 9ffiFi Ir tori:;.To h'.alp o::,-e-t1'Iese emisEflor,s we genora1{: renewrbla,7.{,•{; "v6Fting irI .3 f�1�'f'1 of�r7{,k�a.f31v er59rgy a;rc e-'Ierg�,' t,rrU'y+ fs1 P� f g alp` tl`,rc.aah tl-.t, i•rst�rlll:Iti:�n of I31,i�ltiing h;lanag{,'rielll5yst':jrr'�:> :,rrlissii m nnor' y end all; aat{: in re an ,nor. �Gllrarrcrr.. IExfdSj, I{; {;rive progrrF-5 to-aa.rd 1:11iF crosl, tau"GI ICS MrSj(,-I is IntensityTarget In 20'3, G'ai.9gor 11-1caire tllc`fir:;l rlJustri7i in'^Iucim-i r I II Ie pertormriric:e,appra;r fo our corpcf;}te distr mior tc'seta[at I{� r{,sJuaotion gon'. Gu Larga-i, I{: re-1,106 sus-Zin:a;}'ft'l Learn. In n{ldiIion, energy I;,(,uctior.1) jn{:n;raiiuCc ori; Nord- Arneftan scope 1 and•`%cnp(.-2 GI 10 o-n sLL!le,Is .A':lity cxmlribes and irorvovo operaf'ng {,xperlses: ind-roc[IV ii*m%,;il} per Ulli7 rf.v(,nu:, 33 per,:rrn` by 2)211. Thr v;as ca%3 :ng profit sharing -or U.S. team rfm-ribers, .. 8Q t3RAlK(;r:0 GCRNDnATE [)(`IAL RE9FUhaSIGILITY FlfP0I1T Page 738 of 1743 P d I � energy tlso 't-Ve ccrrtiillie'o rl ,sl irl ko}'taol I';+vrrh inre7lariis, Or.gage e rlployro : and irlca'pn ate susta'riabilitJ prl"o;plr:'s grid ir1!u crlir r^:l1 eelale roc.-print. Graill' vr's i'>Gili[ee account:fnr ahold ) �r,'rr, r1t of sur irrnl nl c,i m,rn}+u3e i- North ArrieI-Ica-'Ala fc,rur�ou'ei.-C its to inp'ove anergy a{.ic.ic :}+i o-r Iar@F,Ft bu lc1 rrr�;, iriciiAjillg Corpcx7te t,ffi;es arlci GSGs. I Renewable Energy V-19 are cmrnmitted to Llcinca t usilless the right way and ori—Lmd sl1staira6 Iiiy ir1tC{)kir ooeration,; i cmb PI40113! A. iim.Vi iroivs!ard LCD i11Krrl tl mx01 liphiim�a IwgB r ti+.�hrrroti+e' fes.slblc:. In total, Gra,n�c�r currently his 5.3 tr141r of x 3i10 rx vhde u' . solar p.,3n-:,)l,; insta.le:i on ti--a,oo[Ic)pE of:tF I�Ca, Teas,sy'te'm' have mot all r.rrc:resv gsnFrallon-rind financial cxpoctat.om.r1f:k+o FacIlity Performance Optimization rrlr)iMPJI rra4l'ena cc rrarsuire.'i'lerlt�3, provide a ellablc:nioll-,11y fhano!aI ac:nrtir and offe•a sicgnUoanI I err,c:ntage of energy In 2017, in:order to hL-lp benchm ark and standardize inoerendef-ce,10*6ring rlvlcs. op rtunities across our network, we conducted deep dive energy audita on 4 of our 10 major DO rn No*America. a discovered commonalities i a 901-AR P R 6 ri U C T 1 4 N among energy loads and h;Ceries, HVAC systems, i Iightlrig, conveyor sysfema and air compressors, to name s few.All of those arras cOe red strategic rxo;Qok g° opyortunifies for Jon -term efficiency qairrs. We ttlerl rolled put our discoverios to 01,ir branch network and z, r . ra.'�ta y,a„ corporate and admin Wr lve fadmies, with similar t.aaa,o� ;;I :success.Addrfionally, a found it to be very effective 2.;�l to Implement comprellt�nsive building marlilgement systems in key locations, Llpdate to LECA lighting a 2610 x]19 9092 3418 2014 2W6 a16 201E � and other ik1cn^I{Qy SOW#Ior1$vvltb gre8[return on westment ti inefrai'lc-s, and varjous ogler initiatives. �UsrProNu:liar{kl'.T) -9- SR C;,s?,mic.ca7 i ENERGY "EAT MAP Thisgrspriarepresemsana cm 1a: x= aw W xm a•• +w em C 'axo Pau Irm '±xo We R11- —1 17% MM sl..a 6,6. 'M mc.grh a`energy usa9-2 tat o:u q� F ., Je�heonv:lle DC.Th is rid 3'f , reQreseriis'ho highest W1 enolgy ane Maga peak: ordflmand peak:, u t ,4'f,;'.;`;`r'$.{;;.° ` ''I,:r'•4 Fr for agivanday.Heatrna,)slikfr ",_� r.r3 �;`•%,.'.x,;,:;;::'�°--'�;.,:-.;'.��f,,. ._ :. ,:,; .<+''t�::;,��:-� this one hole ua diecoyof outiiw!3 -' r' In t7C anergy use a1,d W5-fuze EM , our fadlft�es'Q Go,-Isenv rpwuroes and md-ira Goat. � iii. x��Y ,�� f��l h. `'` .?'x7 � 'kr • �. eW 41 50115Plll14.7RVrh . erccna J i 5170 r'FArAte 475.6{11.11 sx r,} ;, .ii.l,,,,,i} M1�'�i{•' ''> e+. �'} Ititl7 f�eraarxild ;:U';.1iP1r 4<4 �'�-#r��x,2,^�'r �if '" �r w •� ��.�N x,°igF .rti}.fes �.x�:>r', > '� x, c coy Q"SG � 4f t:x..':; . .."' x'' .z".• 4-"}.rte � fit. Page 739 of 1743 n • i t f a Ustahing i. I k €�uilding Management ys19M�s �u 3fy'15 ars,tl'e prilrary 1N . r4y 4 rne&nF; tlI'ou�hGrainger Pc,h[Wes Its Rn.^r;JV 9;f101$I 5} ' goal:=. k-Vhen c'porntirry upt,mall}r,0-.e;'a.lov:far..l'I_d IrlEnard^'s I ' tr,nrry,'ce the:y0pc-;r'qorkinc orviro-merit'.vhile inininli7ing 00,h°}3 ai' n a r'e -nergyc.c)L,Is, Exec#v, u.ilLationallo'a'su3-escxtf-nd I ;17(.)oer.atlonal Ii cr;)f eQ L,1prrlorl arA Eys O ri; 1`1'.rQuQ11 'o,i'..:;c t nrrorpy 1c'161.Imptiorr rind op^rsttirr� I'Iours. A5 an result,rn7inrc,ntince a."c uep,ta' cogv�we redi-iood,alri:t lesa a nc�-drdec ernrg, i r,.�n 111 C trrc.-jgh ec.uipmr nt reulaoen-—1 and Ll1:]g':7?jC,.>, Cu-l,i3ntly,14 of our 1,-i l faoil.tic s Ilakt�e thgr x;:,c:n oullt wirl l cr-,trraf tied with I?!`-A& On evemgc,, 0 ralnjer hay, reallzecj<: 5 5M quare 10 to 15 percent mrjuc,:.:un In c-rv)rg� uae and r,xpensoB at it,. s feet faM:!rn3 afler insk7lirr BMS. LEPID-certified space#hrOugl) 17 Nortel American Grainger facrhtaesMin, 0=1 � LS.'i- ric �8 1 120V. Grair-ger celebm`A II Ie grard open:.ng of fi&vi DC in Raluctlort in energy use Burden,��wrI1-viriEhip, N.J. (NEDC) Ih, 1.zLmillicr-s(v fl3-fc- and expensesAtGraingertip cilitles f�(jil.t rs6,.)2k::snore than'K)0,C00 items arid &Ilow%3.no G;-)mpary after ITISO I I In 0 DMS IL de'ivrr more producr=; by [lie next ci�y to cu,5tortt:'r6 In tllo Kor lies;-;I. The D0 rums on state-ct-thy:-arl distrix iMon 1&: hno,r)j a-Ebl:ng regi-titre orcir,r prooessing.A 4.3 mcgrIv1a`-i Sola'pa•'eI LEER Certificintlon Grainger r:,s b!a%r a Ir smber orf the eys-Larn was insfall9d on'.he facil ty,L; roof.Thi sysleRl includicd U,S, c,eov B.li'ring C:ourcil(USG C'S111Ce�%x)57, �mra re n n:, 13,170+7 high efioi rc:y SunFo}nc r alar pslr'a!s rI at gen'ar:i� cclTlrni`t-vd Io bui ding Leadersllip :rr'Eri rgy ar.d Lrivivillental on =�ve•a.pe abc,;t 4�) peroert of l}:e DC's -esign(LE EC)carti.ind faclli#ior. Wu use the 1,.SCBC's LCFI' r6 Iilr.',rnv Its,'.x Iich is ec;uiv1l:n`. IG 1,6 perrf,ra ur Gra n{gc:rti, crfrtifit Tion pro rsr 15' IG grl'dn bc�L Frac#ir,fs for -i'e de�inn, North Arnerican ca:-bon fontprirrl. In early?10;8, t"'e IJ.S. Greven Mon struc'IIOn and r)pnr€3C.0".of r}t,r fa.vllltles,;iinco,2008.vir, ha51e ?IiiIdi;'p Council{U3GBCi npprc'A+ed LFrI}GO'-D certitica!on-Cr rind 5(j'srnn ii norrL lc bui'.d n'I I Ie'a-corp,)rn'�.Brejects#o'netil NEDC,1 hiKa project wilI rrc•'. Anti fedlic,,rvinual cpou iic al I I--.I=D sta-aard alnd seer:C-rli:ir:lWon unrl(.I'rigcravS Thlr{i Oafry ;xoc:ndllu;es^ic;rri iuerily,I of it 'r:I I also pl-y}e r4ey rola in IielpI^g rowirLv"Its pmvon i;raL LEFI]-c:c:rlified buil. ing% use c"5 Iorc erli its rneel c',I;GHtA' reduction gcak.r7is viIII no#on'y rtid.lws les,.energy--vith a 19 perc'ant re,dLIO-ion in a(�f;rLqate op^riatlerEl r]r'rru€rl rpr-,r^ticrr l ext nFlitwes signitinerir.11y/+but I'will aI�}pla� ccm.; in oomf�'irkurl to nisi r,.,rli ie i o it incl:>. ,aingor c,,.rrerlly' k(;y cle :n us mo,-t ourG'i IG4 rndw.liw. �oaIr, --nairl-aim 5.5 rrliNor,sq-%v o fc c-lol LEFI) -,m[if lv:t spam through 17 Pjc'rti'.Am.-e:-ari aoi!Ikios,, rev}reeeMing 24 ptifoent of 0rai'%-ger'� ,Ass m%vS dsr iiivc,.,irr�wIs In ron::',r:A)le enorgv ori a carr:;-by-oa8e t:):.al 8gjaro foci i'I fro--h Amu-ri q.Th,P imlude3 Ills tir^t I_EEC Iasis �: uart of ^',v is o:ecT ply, . O Ir 690!93 ic�rl I� I yr 'oflc:'7 c;c Il;le'I f,iilciir'rp in _rte ''JI IC] i:Idustry,th,c,f irEI LEEI7 cF'rtiii d DC c-ac�.r jr,lccatir:l^},~'there Iva crwi caffaet Gnr,xgyf'JE2, Impfovo !'r I-Aortarro,•, Wexloo, t-in'c3rpesl i_FI I;-!,I FllaIInL,m proi.,c 1.of perational rind cm;)I�'a relrlrr or ,rivestrmEmt. :�� and#17c'rlurld s firs'-LEG Wslat�coni-er. o 1 i +al'I .l[JGEs R01ar GCRPC)IIATE SOCIhL RESPONSIBILITY I;- PORT ELI �sSJ� � p Page 740 of 1743 Oar + — . � l i FA4 KAGINC PERFORMANCE hlp Complete. Diver,our 90 y va .;(-.f cxmerle,nce aIrd rr.:}i;; kyr ;r:;y.^:trtrl that prcd.)ue4 rio rrlur i+;ipr}I weisiE�veater. 'Ii-!n I11"rr 100,000 a day.-ao, .,ndc%rs-an-:i :"e:},.,rc.hrs,;in -,'8ns.tlr}r7 4ac34;sv'n-w rAvin;a ou.s. �dv-rig for(-,raingee,ewq to hat}its,n.-ir buyi-ig bOi7)viurs 0 c}ur CI,rtrlT,q's, '*'e k"ow"-cnv Iq0%?0,e [or c..r.%us-or;lcf%,z;aro Le:ter a! ng our pr:}cuct. thcr•� p„rcht re online al.hurl•v i I di'rrmn[the r:at voo-k. 'Ahli,m z enr.•zl consLllrgr sho I)p for r=}nal .rri11_I0.3 al IIr}rnr M,ty Ire�:t;lar-I .s,tive have trar-Slti(MC d'0#;cl1%3[Cn%VA8 ,-A r,3 ac[Aio^ Lm.find*ith a staggered i hppma.7h to w%rnpleti,,g a rnulti-F.-M.i[:r[ that ury,plo}+s aAo7'ated .echto provide rlyht u,dcr,that st�rne oereof)[;as .c.}mpl,?!Ny differen-rrlirlci n# pw.kagirio'or;7vorF17.ed i1e7's, kha overall arrciml of I rjt work when all o 11 le O'oC'uf•,t, nod to be there :c, ntha•#r ?eckagl--.� rv�quirmo. V63 oci lnue to expan:i ou, use o`plaS'ic. ; mnma oto a cri-;oat pro.eci. air P'IISJV&�.a dun-a rs for emalI parte S"iprrnnks, of',vi 1c1% rrn.st 1 aro No-degradabk,fnall-cXo Salt oontaINrr� matr)rlal'.. and,;Il Grabecr wives to ship al iterr S in rjn orcoi In one box BII:i on M16,Fria .ran911oneo is r-i high-O'denoy III r:sif p- 1.1 ic. ttlr.samo cr next day, deperr[;Iri; on r. .etorle':•eeds.Il iicrrlaLy, I-olps reJu^e overall plastic. [.sq. wo ofor t-)this pra;Loe a�".Ship c:c.•mf�l.#s.”Th'e approach lnrl Packaging Perfon tr Enuo Gira:rrrge•ti; L)C•,;we dedlcaled to r%ommi#ment kc ser+lllrg,uLLDrT-c. , it -'e mast efflcier l 'a a;} reouc ng crr;.L jr. saga @-,I paokagirrr and;eight gxperlses t}s}ssimlC; a-so ')as ooslll'•;c: rn the en'dl•C•rrn:n#. :'ale measufe pauka i.ng and cori'Llgate affix�-,nFy hytraori% SrAp corlplete `educes the,amount or hazes vire rI sed overall, the number of bcfxc.5 wv sgnri cik+gr'.he:'urTlbc.•of c•dgrs Slee .r^rohy iroraasing ene';.1y c:f=ic-Jc;n�-y and prod�vU iig fow mr roceive,Tllia data pcil•t, c,ille;:l caron-to-orde•retie. elp.:1 ^mlyS'r7-is t11`OLJgh oar trl.nnt}{}I'tc:`On far- it :%inderstand Lhe positlsro MhO that s"iop ng Grdor�f vtsl.^.1 g 8ustninoble Narkaging e%%,,part rnlil-iple i-ems in or L}cx can hnvc on-31-Ir ern+Irmnlrnrlt• of;-�rabofw:s cvrIrrl.rrierii t.:)crhirr-1' Corn)EjIr initiatives,suoh as rlLin LI'rnc t Y p �? .��..and adJ.Istrrvnl=;to i %-e work olose.ly with s-wppl;ors -ordef roul.inq Icx is%,f ivcf shipping L I .� p �orders Ir Deet.t�ox,f�Je';a':hely� �, ' tr if idc%nkv,)oto,)t a c>t p.w-.,nikia to _ ;,ight 'I1creNt:e3 ir [.'I'I: are gxpgotqd,gh:,vn 11 effect these mirm 7q uni ues4 r.; o-jf;k7glll�l n:tial.v,+ rnaV 'rj5,'Q or the wa%l DCa er%poric—no vol uiTie.An -,k hila reduolnrg See ris.,€c.•f daiiage increase irl U'llcrn[,r radars and products por c;,c,f3r IT ay regJ.-e Greklingot boxes to the o ducts,,o: [.ffnr. In Polb, additional car:urr�;.:-Io-,vcvc,,tahcn Ira0:)ed Pt i_r-3@8e8 t are fully recyclable, we it vodu:,cm Supplier Fa.ct,aglrip in fol;me,CTC I'laS rc�rrninod relati5,e1; A batler Fruin our A. 11_;ittvw FyQrLi ow G?,,iirjgrr At Qpt?V,91�119 VdU I 11rj Mir SuRtzfIning our Swvkci Our GRAUMM. 'Environmont Cum I(it,I I itip..�3 (,EU 1-:0.011il.10 Gkallrc Rc-poll"'iNy ........... 7 rig OURAPPROACH OUR-OPERAVONS 0 U R PR06vaTs 0U1R:5UP!P.LYC.KA4M stistAihi Mislamers Rearh SqVly Mish SUw"aMp Ou�Opqr6florzs' G1L!j&mse Cm. thQir.3LM6..'Jj1�2iSIIIy Uoalr.. 0jr ur . 03r SU.ppl5r ch.?4'(l Rfl. .�IU N1WYa3.ta P1T40:1fi&-'A1YPFa- I IrcdAu jFP��"j�d.1:er-�.e� Rc!Ncitj(�!r iwimao' V!to h 'I,:�fly "Inin En M .n I I Tf.q g Recycling and Waste by sIar dard izing rc�7,yc Ii rq prau-ms and z;havin be6l.praotilor,; E4c,o,;,,ou r c,n,m_)rk.wo are con-Ji-itm I y in iprovl-1 g the rc,�-vcl,rig DG NETWOr�l< RECYCLING RATS (Amourr#uf wasm,diveyt�frDm a Wndfilrj mtc,h w r U.S.GCs, Tams are irrjl;)(=!cJ to use 7 C.-I m--coded system to sopnml o Brl.--i bale rr ateria r;mc 1i a�carcibcard, ria;tics vacip and ryiol.al a-%d are eranu-,ig-;,J iii chafe and.est idmu-,.for m!pu;rig mpc-ve-nc%.ntn.A.L!a revu't c-f th6,;c-, nt-r)rt.c, cur U.S. D0.5 routincily U pwarda of 8d pc'—mit c1l would cAhc.,,wi%,,-_ 804 he'AnLt_'s:--e arr 9.Tc that cvir, In 2U17 ,%ig begar. -.o Ip y u i I.a I zm;.-er-term sh,FAngy Ira-rie-,vork for hom til au hieve andf i'l--Tc�r cper.RtiClr)S. in Uir GCs, -o mabtF%i n-; h i9l- level 0--aMILI ntr'lh i iit� ir I Our Inal.8-i a's CIO% mn-.rag(:-rie-A P-0c 638,tho r;I jc;tBi r1a L.il i,_y te%am%ci'-.-won mor 141 IV 4(1% reporting wIW tiv; -)C Learns and membr =a of Ll ie opera's on,; leadership-.emti. Looal DO facility I T-a.-iBq&rs L9 is 0 -FA%m 30% remicl ir q rata as p,,irt of their annual per'orrr r3r-co goals, 20% Resotirce Eff I cien cy Grainger dor.,%,5 not cl'reolly ma nu'af%,tu rcr..the, proo uctq it cel zi r;c) 0% 2012 2093 �[)14 20115 ZM 2017 ci,i r water consumption :F; ri'ri alai, H owever, we nin rr na�i i re ow .bale, loo p-nPnd I(x)k[_-op porturiic, to rccuCe usage. UrfrCis 1LAW%trxi Irp--.Ydh us MN K-C.jB m r6cpIpm,-mu hw1:11:0d w mwj rx}eI'rp W.8 IJ,'-T1XC-Man-.1% asimta 11 ig veal.er-offlo iert f ixti jr-,E5 acid lands-,a l.p'ng irrigation a oi.r larpst-.-ao:l:tioF; (;rsilri�er's 1.31al ,v&Lw rri1,s.j-rip_irj- In th-3 J.5. Irl 20 17 ldva--,, 467 1 8�O ou L ic rictors. Dr, R J=CYCLING RATS 20 16 Recycl i ng R ate M Ir,I-I LIG H TS 41 2017 Recycling R8de a Tile DG network 100 moyefing rate finished -I�-e5: at E4Z pe"rit, :V11 Memphis DC saw the 80 Kk� highest Improvement with v�parcont 60 increase in thoir 207 recycling rata, L L Tho recyol ing rateu tit Cleveland,Los Angeles, 40 Mfltw,4nd Groonvi Ile imlao improved in t 2017 vs.2015.Glmmland DClinished it 0 JXDC CLOG LADC W136 ILDC ovoc KGDC IDRIC MEIDC PATOC !00.6 pment fDr best in 1,. jqd;so iiie cAv.EiFju Lgsgrq;cc swirrarc.2co mirpwvn L%,mn-Ale K611-6,sUly DD:JqJAmnT.yp. MnaT"s clwiii,wIth Los Angelets FL 0+ CA GA iL so PAO TX rd. T4 IX and Jackso rvvj Ile DC Distribution Conters close k!h1nd. Page 742 of 1743 { , • l • IR 00 Lqn. pvwronman OUR PRODUCTS Helping Customers Keach their Environmentally Pit ferable Products (EPP) Sustainability Goals and Services Yk viork to f:r77#$a rrrorE�:}USL`�irliitil^v;ar.,place k Cu'(w l:0ITG' E c,h o r.iu i it our EPP i<a d^,;rra-3d . I ani sur vurr7rl:.r7itirs thr-DIlg: uu' =rlvir{:r-mc"#a!Iy Prefel aoI{; T.a$n leaf cin ;rain r,y. .;C,1 1{; ar C c;o-I1eS I-C.diict(I-PP; Portfulio.'a')o o;fivnur cuAxrer:;or I(.,of rho Iarg$si :L€}vn spacfiw a$.of a.!ribu:tls or oe'=I'icatia'fi greet:SKI-i uoun's in the indus.rlai d sL-iou-ion marker,omv o'nq IIighllghled ill trp t{r-hnloal :;^rtnI'ori ttlt ricrg w%a to redJte om;-rgy rnriSJTllat ori,CL`:IsoIvo w ier,reduce voh51-o. T-e g,eerl leaf--on gi-Ildes cu: ,tcrn$rs 'd.'as1-�grid irn€:rove 'ndoor a`r yudli4;. 'n rild tion the Wry-cv ny r crse� tca a-,d rnc.-rF, an5fi on,7�$nxll5� f ra'araLla € r}lkers deka-criken EPI l aiin.ytics to ou•Uu€turTlcr hoping the,rr7 sol„do 8, Procuut.! id{nk t ec',v'Ih [his Ina-'fall i i-.-..pc-,rt 7iid gr a[heir groan;'€oiid. &T..11arly,-.vc Dquip lrltc Iwo cu,c1ja,orl�er-f.,�{,i•7g t;warr n$lrbe s d;l.;I training,sa as tool,, by I^deoendart orgrnizrxtions and those and mark,.;#i"g 8uppurt 9u:Kiat t1joy f%,n%i ,elp LUS.Orr:t;r8 7C"iave tr-.-]t 117,9 "greet' erivircrimor tial attribute.." i raa}7I7 ful 1--mgiofis toward: 117elr 4ki,*-'ra>.bi iky Boa's ar7o 'Hja-irrvs. �r•i A cert'f uaticri acts as a Sta ino{;f ppru;al :ono Indioa.es Lhal.a pfc-AL,ot has met cor#ain 6" 2017,we Ia..r7chod a crosa-fun(j:ic}'- I C81-1'4orklnx Grui.m errvir•)rImcnt7I staidardi a,oural ttriou.es a 5 slistainnbility aub4earn +.itl7 ropresen-ativea frcur7 }rn{aL wk ;uu 5s `en{r;}+r,'f!ci nt" (ENERGY`fLS—AR) a m8nagvin{:rit, {:xrrrn l Oeira al`Li gal{,;;that tOCws$8 0.` s ti,-lj or 'lo'.v Coxloity" (Gran Bea!). fltribules 3r,.nnv'rorine;-tal ouGtomers';h'lh 1171.ir 1--PP p;001-ir$ITienl y08!s;inn pr4Tlotl"p E"f' gjakil�-,or fop,tL,res lied to H s€,cci.ir,,pl'odLIC1. V'1{, .9;k puI' at,lut!t}..;.'I his sustairlabllity s-c;rvicrr aild ope,a.Llol7s Ica;m k rir'g.s suppliers Lc7 :}Awids ?fids$ attr.klut{,s cr crr:i-lo.aLlorls, ;jnd 07LIr i rolleollve E xpericx7cn fn mea^ag-rig envlrurlrncn#a Iy Preferak3!{- Oxlc, a. par_r,er. ,JL Erivknn-nGntal Irio„ verifios the-viaoill[%y(.f i prncuc#c$rtl;loatluns arid r)#kribL'k$s, reporti!wg .r2nti1,;remen:, the at'rioul{;t7 the prodjcL i repulalcry coriplipuice Arid :iiark{;fide 7' 1"°Q SOIUCIt}Ils. i GRAINGER t:PP PORTFOLIO 19 IU Mage Enetgy Conserve Miter Jqq.d'066 MsM Improve Indoor Air Measure use,canis! Monitor uge,Flltar impu rides, Faoilote recydf ng Create cleaner air within effectiveness and output, rerycie and reduce oonsumptlen and decreaaa fsn[Jhll faalilies through laxer and reduco cnnsumptian of wafer rescums at'pcini of use;' gfo4rtfti tntpugh VOC'a filtration,and natural of various typss of energy behind the W,and ouidoora recycm tiWtert produces I'_LHCTRIUL PLJMP$,VALVES I F'11'TINp$ I�QYGUNG EQUIPPArMT CI,UAHERS I AIN PILTRM LIGHTIt&r}&CpLyTR0L; METERS 1 FIXTURES IDA PER&PAC KAGING CLLANINGEQU1PUENT HVAC J R I I11EAu PLUMBI NG L52pLrlPrd FNT 9OIUE rN#T8 0"ICr;PRDUUGTE GOMPRESSEDJAIR FILTERS PAINTS 0 C911NGS rrw 9.07$ CrCrlr'L')Llh'-'F,' SOCIAL RES,}4}N:i171LITY rl�fC71�11 � '��'� ,','_w Page 743 of 1743 Lelior Frow Otir 11� I ottor From Oar 1-jFjk-,r Al ('11)" ltrnq VaikkI4 ii�j i)jjr Sustftin.lq Cor SC]v i 11PJ Ovi, Co ii I I n I A 11 tit--U A CLO 91)(11118M A Glaiwu 131-�.qpurwi[Jy Pair,I C Environment APPROA.CA .-'-011R-OPERAtpQKi..s-, QUAPRdDt]CTR 0011t.6111112 PLY G:FIAIN SusUi i n ing' &R.,0 ac�rafiww Gf1?L-.-11)ouqD Gis Hr,'I:;ng CuuIcy,�-r�Reac" uP Y Tulnuilwhiliu) F 111pi:SuStE�habiky G Our ..Ou�Pradtil* J! -Pron!unis[El 111)arJ ny onment -E 'Ird chicAsia 1) an uri-y of 210' Gr&i nge, Sustainability Training OSW)i"'hed a 1%0.Jolie of In 2017,va, lau nol-ed R - rr 1,,)dU le in our I-im-T:rne Mariagor LuH Lai I'lao il ty ral FJC,ri .services. lq-,ld-Dr.ship J9vGIopn-ri-J prig-arr. 01-if to In 2017 kl;e 6,'x Par id 8--1 U1,; ,y:-ivn ur iqapemont Q-d U-,CiEirE-Ja,,c i ng in :sur L jc,,,-al as 1:1i`N prvtfolio of vaIU&---DrMFXJ i 1,vc L. �K-rOEB th.-.4 b I m iries. L fill g 10 Ille afto.ct cc-s, vil-k-ll largely (A I hab 01-1 our opc;ratioris and-0-ah :ns LIhl fro-r1 OU,tor'l-M I leva'agfFl,%;the,CxP&:8-ce, agcv n iiorriUers c-ri",,w",(,,y [kir' to tsilor thc CSR in6ss �� M+ and r,,xperlIse of oil- ",failige" ryi(,c,-L ffieIr cRil%; hw;inc,,n3 ebda, d3l tc,,p]lrl Energy Sarviccs Team, We L;, a%�uu;. �),-Ar Vall-10 c,.hc,,ir-. =!r%i%A-c-nmen.'I and t;ie Sains of Green Product also w41 ou' way8 vie servo nur coMMI-Ility. (2017) p,-rlriers In some inEtFirices--0 .",elp Dur mistor%iers aohik-,vo their suEIainabili-.y gorik.The rani, c.f Bil.8 E-Uditr,, payback analysk,. -Ai il? iel—ate 7c;ri%'%-t8!10e- a%ld- 434 A- ing L): e p;ac ad ,)r(.duuL. For exampl r,,-S-alnger can lin-1a fes 1.1 to EL i-ar,lith;it 1(J audit c-tj%,;I large Team membe"N. i-tG,iF. r)i-P, xlerlor ligh-in-eC% %9: who rerehrod some k� p-oj!�ul. T�e .tijd;t(,ornlsiJ3 of a sit form of tralning orp cru.1%1,energy rmidii, returr,c.- inva-tryieff., pa%j oa�*rrmaly�Li�, Liti Fty rol�atc ass ic-la-,�DG zn�appl ic ali 011G $usbELI n a bil Ity at G ral rger (2017) (phc�ti.rnel-rioe), f-rjpplkvab 9. We ooritiriuous'-.y ravli3wv a-..r EPP for opportunitie� 10 Prcv,63 to il c.oc ".01 U U011-S to C'.I Jcl.tor rie i s+vi-.h£ i riabi I Ly and FIJ P I-i addition tu ow leaders'-Ip w!3 are pr,%�c uerrer l: g C--a S. C Ll' CPN Fc f I:ol lo ol--ers rnom th m .o'r-prover lc-VEJ' Cf SLISMir'Fibility exPeftliie neer'-1,, d �;. 3rgramloac;2d a 3LAS[aInEb-Ii1:y 72,000',K L),,,I nol ud n g K I Ejtlojl�3 r-1-, 45 81 Irl o u-L-3s. n c%m,,tu-riC-r-1a0i')9 rc%.Ic, o. In 2-x17, €a'$s Ot 2 r-,Vi rorime mal-y p forer ab I&prod UO",;tat led l(,,s 3u1ie fo,oi.i,ncr, -i-lanagom,and MIOMB'r�arvi,- r nore than V5?2 in il Fc n,wh ich epr e sents a pprDx:ry)aLely fva pr;fc-...c;s iu-)a's Ill Gw-nbo,f 2017 to im p'C%vc% dWB8-195 S hY per,-.rnl: ol our revanuo- oi.t lir i i-%.p ov s ustrnbn bi lity Val Ue-P'(%.P,-,r;it 11 ad-altirn, (,:velopecl FA formal.:3usl.rj inabi I t',+trai propj-ajl- [of all nc-..)f.' NCVC Ur l:-nan-ri@�)r ILar.)I jig paths. 01 ir objeotIve is tn h r in LJ C,rt ler Valt:13 TO mjtii.o-niqr engag-r)mc-;nl.,,, I GW-Lurrom ii i r neell-19 M-9i f r;i isl ainab'O prof;,%.jroiy,c,,r!L and tr coots aut of thei, bi.ldi)eSs. 72k+ rte . 20-17.v,,c;I nc he.11 -9cyd;r-9 1 vair%I-r,in oi.ir I Envimnmentally parl.o'now erior.i Ler on boar-,! and ;ri ei i[a Jon. Preforable Produub� Las:ly, th,oii�.11 i a variety of orl Ii-iL lool 9 and 'Yoe 'r- c 4 pfgiidn tour leai%i mE�monm,vi111 a vas; @I ny- -e-r r I it I op port.jr i i iie8 they car cx[)I,)r e 8'. 11101'0,AF,IT,] yak > 0a f3HAINGER 2012 rORPCRATF; SOCIAL RE9F',1N131B!LlTY RrJJOF-1'F �-M Page 744 of 1743 } — . , . , , { a IJP 8UFINLy GRAIN SUPPI.1EK pI.Rr0NMAr�c� Throug h put Eirtnerahlp lyilP,tho 07P Vie v,%%e ablo'a oallPpl Illfurmebon s"ijl.Ust I;:cYCIOaR In 9LIr Eur-D!,,r4airi,Tho grsplft b60a E%�.VWS the Impact cu•supply chain hae mado by l nweadllg III Stlstalnsbla to.)rologiea end prackcs. s q i IVY ` CO2e , $26.5M 85M tc $ 11 I r-=rnlsalotts Reduction Total CO2 Average Emissions Investments Reduction Reduction Saviags OUR SUPPLY CHAIN Supply Chain Stewardship f'scAciressirg erni.acivns acrctit:our valje effIck.-ri v and TI 1)'.r-Ii7n fuel usr�. car�in�Ier=i,.inues le '+l `" ^ign,ficant w. addressing kl;e,77 tht-,on y hdt„trial supplic,r to be recn)�jrli76o by the,,i,�, , L in ^.Jr o',vrl op.w7tlon8, :ur tho ciecond yen,. E r.+i csnlrW)ISI Prulo;JGA Agencr•� 'LJ-SEPA-as a 3n-ar + � we Lire 1vMh our supl::Ili,rs throllgl l partner. 11,7;r'7fc-gr,.`,'w pireV'de3 � f(]I'Ijrr.`CSI. °!)e Lail PA + 8 the CDF,St.pPly ChalrI survay _0 CFeHtr, r.: ')LIs'nes c;:;to ooI'abum tc in:order to imp,o ve II i., � rnnre cnar•�4v th+F)r,WOLI'u bc-t,c:s,l>le n envl•cr,r%ic nial effkkncy of L:%e!r supply oh�irr:;'tri 7 oir aom. In 201 C.. Ihi-,pa,tnerslrif, hol ped redrlCI ; C I-I(a emisti;.m and other .j i,vol ut;or1. M ars proud to Fm4+p r6sofved an IJ$el1gaq. t+flth our suoplk-)rE to lea,n roc•[= A-mflrkyforv+rr about the!r errl.sti:ors reftiction Strfllegi8�a. srrPPlye+MA Wrvay, r 2{]17, wr receivod roponses fnorr. 120 0 Forward C) 'r6 r I r J.Dr, ve 1CiG iroreas of rrlC:•(.than UO;Dercrr-t of srlppl.vr:;'.,f)m our pilot ynr,r. In to:iil, WHAT'$ COhIElhlCi ifV OlJft 2019 R PORT cur suppliers'ntt:m re1AJ(9..71+36 m.'I'lcm motric tol):;of f.;;.ff Sustaining our Environmoot will now be Solutions and rr.-sultirg h morn tha.'I rrlill;:71' i,)€r'•ferago, cavi;lgs For;, a,r 5ti;mardshlp esf�nr-iva ousirie4sn Subjects will inolude ef#irient operafiDns, packaging TransportationTransportationatfloierrcy,alstomer solutions and produok ste%verdship • Metrics wlll irrdvde resource stotkard8hip, prardtlet irnpact ;ra r)�jr,r ro,ies on s rrr.talork of tliird-prirty omlers-c;r Ks tend lifecycle, continult�e and swhuions and translating -,ear:.gp0r1.Hk'7n neaps,Thr-;,nmoarlyw❑rks clOs9Iy with these offfcienc;y into suskalriability prc-Mde,a to c�crtinuvrlaly L mMy-vpporweIitim to I”,�,x!j'II2?', 8 For supply ohain stnvkrards#iIp,se[;Suplply Chain 38 OFAINGER 201�5 CORr+411ATE SOGIAI. RESP0W2 F}IL1TY RE-Pun-r .ays Page 745 of 1743 is IL ServingOurCommunities ■ I on disaster preparedness and v:,,spoi-15;e, OdUcatic)n and warldorce develolarnent, and local civic arid comy'riunity erigagernent. Ew"FE I r DESASTER PRUARiDNESEE t PUCAT1ON AND LOCAL CIVEC AND . AND RESPONSE q *AKFbkG1!17EVELOPMtkT C{IJFAEAUNIT"Y ENGAGEMENT Amolican Red 1C rots Gly1ho f4latchillg�liic F'togr611T1 Team I,r1ernbei-Activation Team Memhfor Activatiarl. C.arrlmunity.Grail Rrygram $ervlrio Our 0j)mrrwhI1t2s Survey GtairlgeTJuaund ttre(3fol)e OUR APPROACH Gra;ng(v works to.support!onG-le.rYrl $siliL,rll co-nrrllnitkvE. Cur�:crnrrlunity affairs $24M+ effc-t. [acus cn{i s pr�paredn5ss ario re$pc7s.., �oLIC�..^n aril worltfor:r. dnva':}}F�I$rt and Iceal and rnrnmr;ni%- ^ 1�aagemen�.Vde levsr��r�c. t')13 thought Ir=dcu�hip c-nu;ere041tivns. '-IjEj t-tljn,rc:ady spirit(::volu"to-wi:;rn of our 11'.IsineSS Grain er contributed IlrsrlU".o$(,Ic.jp.ourtG r1Ie1nI]-s)r8' d-�!p111 o-knrw--';idge'rl AIl[aplV 0I13.Ilh opc a,Iona mare tbvn $24 mi111on � _ ""'�•'_ :,&?� ario our PO yr-'ars of experience vrith the oommuniiies where%-e IIve v6 work tC in tOtal COrpbTF)t$ p drivs F�:}cial oenetits ae;ross lflr;F}ArnoriCa.We work cal:aborativcly wil.1% o'.;r giving in 2017 communityr:'al'7.er�through 2 CC.-l,blr',a.'.on of 'r s]U,C$8'r.^II.-ing- Il-1 11d d ll'I€itiC;YIS, learn morn ber vo un.narism and rr'..r:i;1 mEtc hi-I� rglfts pfog r€.'n. Disaster Preparedness Education and Workforce Locnl Civic and Community and Response Development Engagement Aa the threat of disaster lntermifies. VJe belipve at the heart of opportunity Lod by our industry+-leading 3;1 d[saator philranthropy must evolva lies education-As the wwld evolvm, matching lifts prograrFI, our Iocal rad loFklly in order for comrnunikies arLd the need for Ddur:ntlon bocomes enyagcrmer1l pillar provides tearn eS;onomics to thrlva.Organizatlons incre&singly important,G.rainger Is membors w the 0ppot1UIlltics to well-versed in supply chain and logistics, dedicated to holplrig [Rosa who deslre direct€upporI and in-Iairid donations like Grainger,have a unique obligation an oduca;lon, so they carr bettor to the org nizationa their cominlmiTies to IDIUVide suppori Phen disasters lhernselves,tholr famines and those value most. ccrur.We COMI)ine y'ee.rs of oxperlenoe, amix them,Vila arc proud of the >>haarn More About Local Civic and rr the knvledge and capabllitivs of our eduvation and workfome development Cgrnmunity EngagementCorporate Erne rgency Responw Team prugress'rve supprirt, but vee are most and the parinerallip of the Reel Noss:o prorld and inspired by those'dvho deliver pTaducts and finanuW s1Ipport cmdeavor to achieve where and strive for bofore,during arid after natural dlsastors. a hotter t=orro v. >>Leam More About 01sa8ibar »Learn More About Workforce Preparedness and 11osponse Dovelopmsrd and E:dvoatlon 4C f1RrlINCxL?I'I c019 COFIPORATr: SOCIAL. F%I p{ NSIel'_ITY rl'°F{]RT Page 746 of 1743 - DISASTER PROPARIDIS111mr, EUTJr I t Servingr • • DISASTER PREPAREDNESS ARID RESPONSE American Red Cross A,8:ncs1 Hpree,disa_Ier9 a.r[;-LnIj [he world are IrlcreH' 31irpa :ri 1:1.1do, in Lnrvicx,,our prod rnr:ri aur I . fregrlency and severity jrredr'-n'na-,Gy dus to cliMale wl Ial'IgL suf}pd�e Chairl eYPFt-rIi:a'HN-14;us n-Pti IMI -lie 000rorrlc a-id Goo&I 9 o Giese everl;a's p'reolcf=id leader irI dila te•prvf}aredrro.a;rnd to rRR,GI. urprerecar#ed IevGin We I.Rx'fou, decades, res.po^se. For 11121 ree�.}n,wo flanvr,'t}c,r1 Ovc%., .hcllrir -aly. nc,nar-Me cift nrn diractRl to ilT,mecia-s 4rainger Inas given a long-titre partner of ii,e Red Gross. II I d ?tict:;r r^lief, -m oppcGcd t:}risk rnducticn tiQ-'k•o di„ s#r, or mono than$18 million fact. G,aingor has dorla:.ed rrirl;e trrHn$1¢? to thoAmorlcan Rod rc,:{,vory of crt;nft,,r. I]csp ,-,-o~act the-tho -iijribwct nn-urr I Croea alflce the -ni Ilion'n oa6h and product to;he A-nerloarl uIL;H:: vrs c;c-tinu{:'is ris(:,disaster r.,iicf ac:o!irlt:a for only partnerslrlp launched Rnd Crnss inrn?0;1: and-hs ;anadiai) 1*o pe:oenl of overa11 c',orpur�zte plvinp, I" 'avt, r.Iore then-,iv4 Iiod t,r{};s;;irrro 2CYR Grainger o%ra tlr7)e3 as -Woh rel of ib sperii ori Irrimediste disasivr re:;fx.rlsr. -hc or:)adcsr pr..-..d.j0 portfol 7 in thr,proparc diiRtis-n@rk(3t,The vers-9 IeLUUtIoI I C.1retic'+e ; tl) a ly. pruduct va-_,gor;es prvss;nt:,d Bre t.a.LLA ,,pon rceammonra#ions Yurr au_:%orlt es irl(jludlr%;a F=MAI the venters f)r L'isF-so -onklrl, ,Irn:nGar prc:u;oeasRr+r, vR and stlpp'ork kr cownunikies affeo=ed the J.S. C,-pEirir-Ie,Iof�-oelu)& HuITiwi Scuriccs,ncc l�Inprnrtmoni by rogion 7l, nz#ionnI Rill g ot-,RI rrr:Rrga 3no:13s,T11KILIght#-080 of Homeland Seourl_v Kid[lie Arne(oan Red Crus.;. � d i x; firs, -arclip w-)r-mm-d:s tri tcd f arknom to M,;tore#h a j r:,si1.rant}of olir rornmu,.i.a c;rningc:r - .;h{;an thorn,tiros Fauh year,the Amer aa.r Rod Cro s fosponds to disasters ac?uss 3!7{,{-!rrl{_;i :31i',I{7 f}r{]VI?jC.i.}til'{ LlEl:7rT'.^,I' rill i% corrirnlj i t.rs #ho cnuniry—trnT-homy)firRs to tnrnxdos and Saysre%hiInter j With 8 c:}rls0lid8.t'd scrurc+v for crilica' arro {;{luipfr-icrt 1'a7khc'r, hl.rrlcanRs arr ticcdc to#ransporta.-Jon ac;do-.[s w Id � I lee ded to prepafe, I esporld }'Ir%C recov(-,r.'M'.d.sdL!t-ir.at xpla ICrI fhc: 13Cd Gfc ha n A pally+proiidop toad: Gheltor and rest}onci{'r , first rete14er , prl5rate lector{}rt Hrrixaliur}s ririd 1,lit a .a cffr ;corrf:}rt n r d rarr,kn#ho�a attscted by rlorrorcdlt partri8rs lie it1'I a*ioe rarl�]e a erfl,srq,_,wvbv.;. Wd ri;r -,kcra dwi rig their tinw^of jrn ito t nrnd. Througli c.:r partner- seek to uorilinu. Ily Irn.�,uve o_r revpona(j tiapebl11tle:.Lased shirp vii-.,, 11 i,11r :rl(.drr -1{.i v'r{,tis, vs'{;continuo tr}kwc%.rr-i ;nur ::pu,h Ies.solrv' lea eci N_)n eaoh re:;o'.r{:'ry rvfforl. e:u_}ur:r,;.ho:; ;}r7c-'cc�'s in b),liL%,H( cs,t.)rirn mrmhc r rrlydacJRrnsnt d I:i tr4{,t.:r}o:}r;y,t.}ds:;isl ir:the accuriplis: ,nwnt of nc'rir rnisai?7n, i x.. l ?{ 444? Y• • f. '- Fa. L r j P-10To! 'XIUI.1 uth:wr-farlh:!Rmi Cnx;!;. Com{ 41 L,HAINGF1`1 ?016 COR PQHATF SOCIAL RES POr SIBILITY REPO.F+T :aa Page 747 of 1743 i our Our GRAMMIT, s omlykiArdtles F Serving F RESPONSE WORKFORCE DIMIMLOPMENT COMMUNITYt Our Communities The Future of Disaster philanthropy -Pie IJ-died Nallons. /�� ha:; <=i?j that c:vc:ry Jolla, ir'vesle:� irllu :ils�:,ler p.'euare:J"ess savor;'7 rl dhs�Ie•a.f'.er-dill.As L,auoportar of 09 AniGrioan I ioc {;ro€sAn-ua1 D�3841er CiVIrly F•cgra.-rr` (ADGP,. Grair'gor [Donation to the American inve.Ll.t.s irl lis slat relief Le ora[he dlsmlef oouirs. e'1£l,ring the Fled Cross An"Ual " ' Red Crass oa-% erre-:)osillon suoplles,seowe s^altars, 'roin.ain MsasL4 Giving PlragraW ? r ,el l cies rind iralr vollvnleera nation+k de. for Hurricane Hervey, Maris and Iritis Q' ',' I" 01 Y,}ire ocwrr.itbed kc M,3$1 miilior lovr.l of AlF;;.pporl fc.r } 1h&An"Io';:en Rel f08a Tl7ese t,•nc s?+err•;I l;t ri V-,prF,V l[:^.fc}r actIv l'es 1,:e smoke[iMoctQi di dri'.iliom"and in:,4,,l1.�ticrn:>. nwrcasec'volklricc,ongl arrrni opporb 9n Jw,,scums+ship Hurd pane Hary .y Irina Response- .. of rc;pon:;(:'r:lr.r;lt:s. Hurrioarfe HarvQy maria landfall as a category-A - 11'1'c.., 11 MY :)arinc-r3lllp wlih .he Aar-Oca I Red Cross,we hurrioarie near Rockport,TX-.As tho storm tr&aed dc.Iiv.r'od V-50:or-10 Wur`.i of in-kind'do-i.ons to I-19 Rflsotec' toward larldfaaF, r&lrrgor activated the Corporate a,stj r)-c.xa�3, FL(da-Cri1i'onrla and Prler-+n Rico•Also,our#earl Fmergrenoy HespQnse Team for briefings every rrv'rrbara rallla J. rlcking 2, QG comfort kits Isenefiting thr.fic ' Mornirig and mftornoon including wookersds• supply chglr�teams qulctcly repositidrred criti(al 1'7 shelle's'n Texas. Flodds and CaJiforria.77e :i`s included . supplies within the rainger distribiAtion Tie#work of bp do necass ilea sucl7 as taller es:wash c �tqs?j7d mora• laranchros and rogInal VCs. .rafnger's Roanoke D-, loca#eO near Fort Worth, played R central role in the distribution of supplies thmLjDhoutpsporI�a and recovery cperatlons;6raingertrig nsportation ' 16EI rnl in$gers expedited deliyerlea in codrdination with state, county and local emergency officos.Oral.riger VOLUNTEERS supplied 10 (=k loads of Meads Ready to Cat and bMled water to support evacuation shelters. — {_ ' I 420 Am *'''� I HOUR i I I VIDEO: &rad-m rii.d{ Pa:FrAKls I 23!ioo In.hmE:Flvig,Vmri II'A':+1Unlr9 ' KITS 169 VOIUntDOI-S Packed 2,5fl{) (tits .,{r? Toialini�j 420 Hoursfor Arne rican Red Cross Nationar Proparednoss Month p Ind 42 GRAINGER 2018 CORPORATE i;.}i;IP,3 rrl:,wi}C}N31BIL1-Y REPORT �`�`tij c.= Page 748 of 1743 { Serving Y 1 Y t F 4( ARFO RESPONSEDEVELoPrOENT ;.s .. :... Rader When the Time Comes@ Volunteer Profile f . K. In,2017, Lauri Lacher abd Nr daughter partldpatod in the Sound tha Alarm Event in VVIjkoq-,jrt,They to J. eanducted drsaster Imofn with a resident.arl� wl�entLtetlmepni p � local fire chiof, 1,900+ Volunteer Hours l Toom Member Activation i 3 I Y {II GrRlr�el Is Ll:L' N'HtiD-,i 3120-%a• ❑' tI-e Red , r ;;rose ReELo}+'s^lLre•r thl. I imc Colres"iR`,YTGj t,rrt:oraLe � voluntear progral I In thc.4J.S. nr.r'C@,iade, 'M0!-c-Ln,1n 1.700 G�rainger leave morrlho s'iave been Lrair ed n i IM1I".volurtears. k htlrf;:3.ir[:;aro the mos-.(;ommofI dI a,:tr.,'n the U.&I arse l! e Aec'cross,rm ponds t..one ever, mbiit's s. In 2(.14, t�e ?ed Croua ki-%,nohod a naticirlaaide car npaiC.n aimed uL � redu-dricrlc�rnr.firs, t arl7s gnu 1,7iurleti t:', 2 i X713 00III 117 ll le i L'.,S,by 2020.Crpiingnr;,.Ippo'ts LhN L%am%);-.ldn v;ith -Lir annual IiC c;f wmckc dote=-18. 'sihich anr., nstillad :ju +clu,Leers-grid fir„dnpartrnE�nts In at-rkk corn The IMATf{r9i FADR7 LEFTI=I LjU;0 1,''-rrwl.L.aJra Lf,i&, Campaigi% rlakes"_,'7nf.G rfl foreiioe, as ITu ,c Ih:ln 656,000 nfa E•q.11 :il l-r::lY,I1YRr of 54r.,o jle'_4 FHOTD Ififfr%-61i; -?Lrr,a, cr;Ih l:leU} I smoke detecLc.,"avc bw'i,w.al'od Slll e Irl[:I cginn ng I o-the progra-n. irlUJding m,)m than 6$,+JCQ duriatnd b f Grairi�br Lhu.�;ra,.zj•d mcm t, n 332 ives have hc...;n selves., "k left the Sound the Alarm Event with a nolu.ling a7 irl 2017 Mann. Serie of prido resulting from thy; time. e spent in our corrlrnunit ; and for � rainger`s foie in partnering vdith the Red i Cross and Fire Department to rrrake this C-0mmul-rity suppoft happen. I think that 681000+ more Grainger team membeTs should partir,'pate." . Tota! Nu mber of tiS-SM0keAl�irms LAURA LACHER.[X'=:',IrIIVEA331sTAV Grainger has Donated (to date) A} 1s (315ANV,1-n 9.pyp CORf'OFiA7E �ic){;IAL RESPCNRII-l-1.1 -r aEPOR'r Page 749 of 1743 Our GRA ' r i DISASTER PRCY i !Cjjrj Communities C.Annul-jilijild Me GlObB LOCAL Serving AN P RFSPUNHE I I Putting the World's Vulnerable People . on the flap i Disasters around the world kill nearly 100,000 and affoct or displace 200 m111Ion people each yoar. lvI any of the places where these disasters occur arra $300k+ "missing"ff%rrn any rnap and fIvst resportdors lack the Information to make valuablo decisions regardlrkg reliof efforts.Missing Maps Is an open,cellal�nrative Donations to Large project in which our team mombers help to map areas where humanitarian organi gtiona6ro lrying to meet Disaster Events the neods of vulnerable ppoplo, 11952 h115ZIM0 MAPS ARF-AS OF MAPPING Total Buildings Mapped by Team . Member's � Malaysia Mapped to Preparo For tit's`:i_ •1:{> � �,. 2018 Vacelna ion in 2017 Grainger pRrtnared -Kith the American Rad cross on its Missing Maps ProJoct.During Orainge�'s inaugural`:map-a-thons'learn raernbam usod their computerstoldcntifyb6ildingeandlnfrastructure- Puerto Rico in°unmalaped"areas acrose the vrorld to pfovlde rnca�,e the fled Cross and emergency raspotWors with Mar� to Arils# ffo botter access in tirne� of disaster,After the rrOMa ping Nir�a Roli�fl=farts seuion, volunteers wor#6qulipped to.contlrid e mapping on thclr own to provIdIc additional Bupport. Through our efforts this year, 41 learn members _ provided 1.980 odlts to disaster recovery areas and * mappod 1,952 buildings,including locations In Puerto 19100, to assist in hurricane recovofy efforts, 4< ORAINGFR 201}i CCRPCRATr-' SOCIAL RESPONR'BILITy RI;P nT Page 750 of 1743 oGRAINGur serving AiYD a t + r r Trn Communities . Ole blab�- ROAD THROUGH OUR 90TH YEAR Inhonoroftrlocorr}pang'sn,rinnlveffsary,tea rrlmembors 'hbklrkuddr;l-t tD6rwilhcur throw hour tho US_ rolled up their 9lesgves to su on thF;ir focar 1II��,t-uou pl.%slra klp,tlnteaf Lj;tidNy p r a'IhoannuaIGrz,'jijvlShooe. Com rnunitree. In add itfon to giving back to the'Ir comnlun',ries C t`,i11c4 Mrigs f3L.r Leem rnarnbefs, I indlvrdt,Wl,y, many groups incorporate d vo,!untoerinrg as pa rt stjppllers,and e6sLorlafs tagerrler a. r a fet%'dngs In rlor.da,Dur.flg More than 55!!gGrTloprmqlmo of team Ineetincgs an d fam it V evonts. %?h II e some tr;aln L'ie Shote.8D-plu9 learn marnhers taa:nnl!Brr.Mersfinmeraundihn F. Ine121boN volur}oored'in V:e-L,)inrnLlnity, ❑thoN{fid SD onelte at or packed SOUnu6iGonITUID9uppa•! imill�la=vxlnas'PresidenraaroUndaGr4ir!gerfiacIlily. Ir1�CW: Mors Mbr1-2.000team melnbprS � jnfloreonr�daludmtainCenh%al filub'pa#rei n Yfit�.wn-WIcilel + Fh lidtl.'�ralrlga•p91tyIaren with A ()OUa"Ll'smbesg�r.m or the F coNrlaLltOd about 9,000 Ilours of vofuntear Girt MrTasC4ing'D dlslribc{e Iho Cn411onmscf and volurlteemd{o s conlpleled kilx 10 tx-o eq{0019 In i FlofiJa. aF Ok lehCrru CO Goad bink ge§l�{he help cf 17 Grel^ger 4;V6r rC Team rf�,mhara palhtwd 110 wko sartad 91a l oe "97 5 @f)pounds of fcod a ; r!1�i}01scn Te c},r,le al oedr py,a Iha fcceil Iasi affix aa;,drt of the 1-0.6r CA(nor'a Food I]rfao. Chloe Public Sd1O4J,as sari#<he Chicago CaresA-inuel ervc-/-71}on. LF 11J Graingar Jnwrpnra;'.:.•d Taarn ulombt'S elm uolLalfeered ualllMcarlem in cur ahnvc fiamily irdil idual.'.duf ng Ilia year, mam rYI Illinois y n 1 i 1 gtfvmg 9}:�rc{hELI 1,740 houfs pE?- bars,fainly and fi ce we ccllechwl.GI}rj iBprn Membef pl kae Wit"! Laec'Iel'9 :11a vee) n v0luflfee:rad as k pssrditln ro:9 kits II{lad v,lr.4 supplrea tl,att'felti ; yyaea0kl'Artr�f �+1 disiri slrlf;d to leauiers In Illinois �!•rmyvcWran ap IJana.=JlpI11 ta'r�!^..:tinglprl,DC. surging haws 0mmrlty and CI1irPgu public Schools. Our-%%c'e.'a follcd up tlloirdef voE durl11gilia cunpaiTI's annual Grainrjef Forlral[I m9oh ry 0onVeAng C Mlhger exe�-utiwez frun1 2(&-nd MF:xlarld in our I-els,Foraut,It-.1141 csmpus.90 IeEiyora p-q,*Sod Vas Red Mcrc ttian JS merrk:ars c'It n3 C.'MS o_t'tlrnfl AiM to&IPPofI{tlo=_(r Ajm,iwa q of Hu-rriCaYIG Hsirot y a ro.If,ne xfrlcz-•rkmefican IFIRG across vilm yjara rMng;n shel'urs.TI}!*IE the flrO..{IIYiq Eha callipany eddad a EGvel l gabs r Illlad Jr.sul4xA klolunryCf projeU io the aflnual m.oding:]7 uncle. Gwenant Haur�%a horrluloss ehelbr for 7%-uth,by pm-j.'C rg jDU fnadllless skills dovelnprreE !. and Ilfe ccachlhg. • a In ChIC c and Leke forao{.11..mare than-'A 1 eam im ribara p ibpMt d'in to mppari S,Ir.rivors of Me Celiforilla VAdflres Iiiillg Irl t eti Cmss?Greir.gj!r map-q-hang%VWre •' f del;ers,dD team membars parkad 804 Raa Cfoea cn111furt llley placed 1,062 bWff-rigs. f' Rib durll}g a MPeing of lha Le11no BR IS In Ontaido,C,,„ In Lak()Fofast,IL,s Leam nT 10{esm In JenegviLle,1AA,04{9e,�n merghers fixllti ,nombefs in the Ccmm.nicelrens&Inyesiw 0,0.end Panerne curivened L-.'+.WonrAl} I3o!,giIa,js go.p pecked 000 amrca'{kits{o fcr a ms '.Ing and prepared civc�a{of the behAi aiji Vvcrs pf'.hea„rrlrrer I11lrricellr,f cornfod kit bullds for Waram end;oklnme• ”Y 111AL kvime eva0 aced to shr,{ors. '.hark you caAs for 1I1e Rad Cross. on=—' 14i Tf IG 1+P-V,Tr rr e M M7{erry p;zc!ner BRG ;ca't1 M"nbel'S volurlle�-rvd to wring 1�;NirAFr r,:.LKed 4o0 oomrnfl.We to Wreilt htxmelf.su. "o'.U9y f a=_cr1 Io ch!IJr9i In lha Tem dlsubled vetcrsns In honor of Vatelt}n's D.qy, BroNlah Bili~I-b9pltill for Childre n I n D Lila,.TX. Page 751 of 1743 4 Y 1 OCAL GtV It AUD WGRUPID11C lit DEVE LOPFAF4 EDUCATION AND WORKFORCE DEVELOPMENT G rai n ge r Tools for Tom orrowO {3irroa ?cI. C.;r�:ngor has'.,;,.'eragcJ Its pBsson [of a„si On Qnobor 4, 2017 Grainger calobratud tftr jou ifainirlp Fn vreatr..Pi18111vt'017a'I4'�es ano ncww-frc.rtun:ties'.n success of tho GraIng erToo 18 fo.rTomorrbw'!" our nrr rlun`tics,s:{:warK yv tl7:{)y$r21 r-,:m-pr'JI1.t7r a%1i7'A1I0n i�) soholarship program greedtiatos at an event ho9ted t.ui id r ilunoaCion of nb,v p wsR)ilMes fc-'highl')ITrAiva%d::1.ljda-1tc by th9.Latino Business Resource 0roup in honor hw�eri{:r,nood-'All, lcbemgo;h^�rrg^gtl'1 Elnci s1.17rwr'r..f our I 2 I IGs of the close of Htspariic Irderitage Montfl at oyur 1-66 Angio$ D In I'Ara Loma., OAS, During tha to pa ;,vl 71i,,:seg{:ral OI> gni #,ilur.s foride g,.Irdar�,.,. r'i dirl ,3Vt nt, we.pm'38nted schalarshlp rc0piants and to ,°to slur^rrs jr,:]Ur Cnrnl;lurli'°.es, with OertifioaWe grid oelebratad Oar worklor0e deveiopm&nt partnerships wltb local community colleges,Arjo;adlaCohoa, Diroctor of tli'q ll-�A'DO, 154 _ pres onbpd jrertiffcatGa to studonts from Ohaffey Collego and Saddlebaok 0011.&q8.r_A 85 rainger Tools Participating For Tonaorrcrrfl colleges ohotarships f: Provldod In 2017 x Giving Wr)i,v65t h ih^VL.'.c of ihF'skilled ifad{',workfor;e thruugh our Grrnitigm Toolsf:)r 76-riwrem9}sc:,olarshi.)prograw., Foch year, (3'raincgrrworKsvwf�h il.o Arnvrlcar Ass{.cAl:;r)n ri I(;crrmun,ty Gollegns lc-ufk7r il4';)s[:hula,shlPC;of$�,DOtl rsitir,Mt pEirtiripatl�'.rj oHoro{r"LEM)! A.or},::8(43re,j,9eo.'{51,F1 Kh5r CC,allq}.Ii&oen,1'111r CUn'J"rd JrlltS}college;°.Y7 t1,C U. `le sr.,hu1 tnrsh�;.$�3fL' E.°11Fsr{�"a` Lr! tcv;ssa':."[yxi r� ei9 ;P,fi:'dl:diEY:k} R:,i cliw!i(:?S:OF�Ixrsk,Ir'�1',.C3; . rluvy.111M&Z 51Xndhg3'i QTftP::RENEG 4CUNG stu rrnia Ir,:;ki11$o trHda,publiw safot chic >,.;] 15 chain prog"nrrl3, P,alf F,f the ,;r,tlolpr `ips ofkiied are er),rr,FrL{ed for vetsra. of ,t.,I.J.& Arr;IL=J^nru s, 1;r,aodHorltottle s{:rlr}larglip, E'w�)utia like Leo extend to you nlcerr ' pfr,,vides tool s'.c:;`idel,i;:alt r IhEv q,aduate to help Iaiir,ch gratitude to a I 1 a;CCrai.,g a-fn preserliirl9 a s1.1{:cessful crlrc,:x. SIn{x- GrF;ir E 1,�o oarlatsd rr:ors trim this a\,wd-tay tyle M, oIIer f rom Sadd'le'oack $4.:�,nllfFm to sijppoft tuuhnic.d atlIMaLion.l ix.;117.�:sohork Uollege, Ycur %',�chok�t hip procg,am it another preal roasor) %khy our tAudonts continua thoir Liar".:i�la(.:i and-,I�pfovlded Ind {:;�Ola'.,hl . This r,pr$sr;rrty F cduc,.ation, W11h Cirair7 PY'S kitld 74 ri{;r0$Il;yartn,l]aLOn rat$,'tli`IICII`;lilt$2CiA r}'rj:1 the t c jour e s rfle possible.3 r hid, n1 i alae o�,�.iLle, T;,',s ��t+4t„{ 5 r,atior,l nverslcgr,ul 60 percor,t. bq.)ug ht rnotivaticri and graiit)n, r:rr.ing]ing cwr sluderlf;, that hrava�gork io,Qs p&Y c„f_ :Ivink you for irnpor t;tnr3E- of cduc.atiort arrd [or r,,)cagr-,I.z1,r,g o"Jr sjufk.-nts $4,5M+ pact rind present as rcci l.onts of tn]s a.r:krd.' y�+-rfr s� Tonal support to Fducatl on RAJANM i.RAJ]Drin.Lcr+ and Workforce aevolopment VL 7FeI R"j K 3sC151 BAG6 COUX.JNITI1 partners since 2006 A' 46 +511AIN0ER 21118 CCRF0RATE S(]CIAI- RE 0`j` I B t L Il'Y rEPL`1IT # r` ', of Page 752 of 1743 Serving r '0 r r r r Communities -u� Team MemberAcflva#ion GI,f7if,f(,,—<;C,rr'li.LIC$ l0 5LJp pf%yJ'It5 IL-.-,Il{:;7m;r7llr,lllns ltlro,0 One Miltllon Degrees I-nur HRG,a col#'tbc�ate€i to sllpf,rrl tile' sUUinaB Iry ^ rvc Gr€}l,p i1f}I I;rnl'alp F.vnd, SInc�.,.[b c;ne 19'l,l(}n Deti,aes(CA));I'PO 7, In li:d:ng 0L Afl';r.%an-A-gerirarl.. incc.ntlon in 20'A, Me I'Lilid has-�li�)i I.:,)d us BI?Gs�,Ath non;xnilL E:dlJal''Iy Ail:f7ncc:, Genef6holl,�iI arx,1 I.611ry0 BAG& pa:lrlers to ar,InI1.y the atfprts cf l olh. 1112017. i,ve;nCrc,,Se cY to pr0'Min�4+%Crfl)rel"Cn$'Ivf3 8,jF%1;;]rr to Ioly-IriCC)I,I(., .-e effewliwaoe .s&this:vc.irarfl by aI;gr1 nq BI;. R-sou(cer f1!gll,y Ir'ol"rate.i CCI,1.-nur}ity c:nlle}fin$1rlyderlt{.o Ilel p th&n 8f7ur1[]o,.,-,F"c'S}rirl n(ea.rrylcfofv_,de, ;r urncn'..I3:;r-CJ rlgIr1t1 suc:.rsec i,�scno'ol, 'verb HA :feFrom lutnrs an cxo.cn.aa to the B' Gia IC`c-I'@�orale.'.ve be;leve Vhf+ wiiI�tr€;11gLl','an Ir',2 "naric'inI asslfsIF;nce Rnd lGaurm-skipdevr,,10.or, +ent, ID prClvidi:38 prr,gram arid cr(,Rie c rer}nicm Ir..RI1;n1JfLll ouIComes, tools ar:c reLz)lrcn�!!I:k err)pcv!.?r s..!-�oinrs to trarl form thoir 1':av, 'P�iI;year, Grdi.iger becarlleone of iii:;tart)48� prc'+:'sars c.1(.%.M r_'orja2ne5, d�'lh 2G rva:tI nlerr-t7Er.a Se.rVinrp as cnachc�a to 1 Irl 2G`I'T• (A.wairl.rer f,r,-or's0I'5w OM r.s..r{J ars frc}m 1110 Colleen of I-ak.Co..11!y(.:� C)during<;.spelr7d n{t',x' r. ;1)9 evenr at our $62k+ I.E.ko Fcroot, II ,v',ril .,s.Ar}proAmH`71%j 4C Gmirpnr ie,im ni:3,1 }OrF; ;CfTiP err;r.p as 0 A1C'f;o.�(:he8,)Ke1,n[evrad'rn lle<;r an.} oar:strv-c:!ively crit°r.,ue the job Ifski IN of particI.watl:i9 i x Cl ..0.atu:Y^nta atidno s ,c+re^irg rnoeptforI. 1111=;wa:;tllc:fir81 i ouch'D;V'D c•?I> _(f e.r ad ons'dr. al a corpf,ra tion--I'lie r,vent i via::!nirod ic:.1 by mHMeiiS of ce:remnriy Bre;,l'Fdll�;c,n, Vice Total support of Education and l orkforco Developmeilt 1'resldk,;1 of Ccfr pwl-;lal S€�Ic:s, and Br.n Mic:!7clr1, ill(;n P'nsid,)W 2 programs by fire BI G, Carnrrlunity Fursd of r�%wernme,.-t Sales, ;&'vn on the board,of 01A)an:} i i.c.Stabs Paundatiorr 'rllls n-gan.za!ion.si.pp}c:rtecd by aur I, ad.i i`U : i')a,eligJneo crcr,rarr. arerJ, ',vv havc. uni+rd !N• (.�Fji'.)r a!ii}nRl HRG,P,'L"/Ides a riUC)I'fJLJs te(:nrlc)lofly-nasod?+�r.Y 13FfC,CC.,r ii r,u;%,'1`'f Fur'd'.+.+Itis 2{noli inn,koy,nJ.;@kIvr', U..Jr L-X min's+ f(f•rs€dkvelf)pirlf,nt ar)rs leade.Ilip tr'r.,In'lrig pr€}g rare,or icm,.inwrfc kckarn Pluc:.�rgent(Ei�F,Prcg-a!r1.111v FSP n o!)r„rr1 prvine� adults, of; elnp!r1.,7 Ctlicaf;rl@:%d� rr:ns+. promising inforrrlat'Icn Wc.11-pMerltial exeoutive,s a:l rp porins;ty to ra,Inc,alai orin+.,ncr tG%'j1lrlQI0.JY Lalcnl'A'Itll lgadershln gars s and connect ng them 'nrir ^de =�'ii I�ihs, cul+ival{,strong and srra+es,ic p'rirtn�mlllp}s -,Vii uireer thrC.,gll Pke 'o:ith lo('al'I711-p}rfll�;,aria en$,ape c;rHln ef'n cl'.+ic r.'i',+I!ins Ont Gr�)!nger. I n;ly,c�'slr,ger teas i!!pported a cohort of"stars' fr:Aer 11;'IusiorI<,jlo C,ive.rS'lty. C'ur gni 4olfI th9 L.13P nropmrn .S .yho are 9iverI a real buslnetiti Uilalle:%9F3 1:}go;yr;•Gr%Inof3r ltlan ur lev+ar.%gFl the V@IUKJLle sly ll:: of cr 1e_iders fll or� ;zat;orl :any r,rrUIL,Tem.bars of ahs cc:norl;or roles in our or iar'ization. tic-i prov!dn pmrrerr.s fc.',€xllrrlurity;,ng<je:Tic m. vov:teer Nkt,s1"rs+.Tte: no-,r oris c}f Griinper's End Point rinay.-Is,pr-w(L.1paled nob.`I)zu,Ic^ a; ri iea,T Iyrnnl rr dc.,vi3' In a„ Lo. 6,1a,s pro gra r 1 7^rj hae hrerl{vnp'nyed at 03ra1r,rger ,>ralrigcr'8 1-BF: Prof ram 3tar`oa .r1 2000.with �Iuht c_xefLiJ1Ve6% c}rvlrls .o,,,-.on%p.'o.ri`bcrrdc.. Thk-. nim,ber has grtJ'.+rn !o In lhi�sf:rrin�4 Ind fa 11 of thIs year, the (nerinraair.,r&I I IRG invited Z,3 ex:cLllhr%- .^.Ips)`. of;he Crgail;7atloils sr.'pp:}rte., by `st"rs":•L)par+iripate ,1) . %a(aer ctaj sit Gmiinq&s C�Ic�go, II +l.e BI iG Comfr1ir.I1}Fu.rJC.4 1,Jve a GrH:'nger Gm:,cu;Iv.:3 8ervifl0 €in'jontr.',v^rainf}„s.01-Ping trin eVcr't, 0rainger Inam merrlher s c}n 11lc,ir b(,ard. vc)I:•n,e.,I'ed tan share theii f;aie.,r @:;d developmen,pates. f {x 4) CR A I N CL-.R ;.C1�j Cr}RPURA1,E `;UC1AL H E 9 P 0 IJ3I IT`r ALPpr,T $ Page 753 of 1743 Our + * WAffrffff OMPAREEKNJI12.3 EDUCATION +- +- Our C LOCAL CIVIC AND GQMMUN ITY ENGAGEMENT ls-ida' Che Sl GF, C'rEtlnr,e" ; Bft:ricl Opora-,loi)s Manages, C";t_,n;a.o;Ge7t(,,r plireolrorS nrl;f 130'3ire%,tora iJol'#Ify r;Ilarital,lr` ,e.2 + c.rg",rilzF.ilons'.n kh,e;.f ioua.l r.ommunitie.; and lrwe gfar# 1,6wnrnm(:;)dZtiun,, uo r',e c'3ra,ng01-rir,;rl:iaT(tan rar1.0fr;p_ ft3 8i1 Matrhiinq rrM-Ti$P,500. uP#a V 0,000. A.s a fr`aul#c)f reu fr,nen.ia`ic}i is * Gifu Contribuirion x- ' spat rr.ii#r:d 0 rougrLou 1 201 T.11'-,e (-;i6inger1.-oundati:n matt. ne,-irq c)CrJ grar,#ca C,ta7iinq$b_9 rni Ii011 to&-w;d vari..ly r;f Ur.janj7.a.ti11rlS in il'le a.re.0=;of health and hli-nal$$rvk%6.-, Matte in9 GifIks Prog ram icod bar,Ks, cW.c, ni:b.st::, rnligf, ,9r:d udur,atiorI. ''IL,r77:}r} 1 he 9a.tohirig C;.jpr°!&blu.Gifts Ffog rrin' Airrs.0 onry car: tgk i11?r7kions fepr68r.flt3rj thr,;IE,rrgeS#=.f arc:of;Jrsnts #rrUugrl Chc;-;{;GP. 'ih6 t:ecr;-rd largrc;',vrria C;c}l';',riunl�',: rx,,rilo y our'J.`;, Wmr)lr,^rr,l ^Fs'perpor'.al c%omrnunit'y s.;p!;c �r-:rk+ir.e prS;artiizd.tlr;n5, .I I-foug`)tL e prf)graln,the cnntp arry r}`.f6rs a.3.I 'rr-.to" of r;Iig'.hI3 i?',.i.m memher t.untf'1C3'.a or,s ('.:p to$P.,50)annuaIKfr ',l)e Grair-gor Fa-,ir�dntiorl, an pfw3le '.o qua'.liylrig cfgani2ation6. io,.arida#ion,%.ras€,;[RbIi6Iw;(%"I- '.W)byVfl.hMnl'41r"G.rn`ngfir, Too pmjraw.pl.aresGrainger in an Alts ;r U of 4J S. -r_ t176 CampEf:-y'°tnun6r:r, ilia,t r,6#r.h earn rnemt.!rm';;oWribl_' ,nS at this rt'rt(?,()ur Is to en'3ou;age'.) ;r tsurn mrn}bcwsto angago vjt thr: i�CVIl1� r bYCtfllUrl�tL�S UCV�� eli€t Ibly non-prrflt organizations tr-.a; rnat`e, f iost-,o them in O'.if team lrierrli]firs' -n:r,m;tmixi: tf;lcx el.cam rurJCles i31,key '�,rxlr c%orn,muni.y ngr-diorrC in the suorf�as ri aur:on,.intxAly affairs. prorgyT'., 3`r'e progra-r.dc:welobs a_rld grokr.!;v%r'.#h our%L rn,kae'�:a-'.tern Gmmunity Grant Program to b} t'pr ur,ffers,ind hot:-f.Onn(-c#nd our tenrn rrembers are �o#f i3 p�rtr...rs:1nd rrcrgr,9frawe o'fer, 'rl 2C18,vee sur%2%je.d ';'rte C�r7rrlpansr IS proud ro f}a;�;riria#r:Y�jtr7 7r,.^• Gfr3'.l)gi�r FOUr7dd;1017 t 2,1X78 4J.� `ea-0 rnern?6r:.s . ith'r,the orr anizatiorr, Nearly 6�0 in tf•la C.7rEC:ng6f Corrrrr;uxilty!:.rant"ro�]ra;, (CxC..GF') to.help. terarr} me-mf}era rit°pwrind tr the ,'vr`�;y fapor Arnatei `1;3 aclaret.s Inu?I r�'�mrrrur,i#}+needs thfnughnut#h6 4lni',eri S`xies firpercerd vt lni„rts). In 20',7,we Eu fveyed 2,100 t3nnl 2.nos p�.,ertr-� ;{}. `�Ir7GQ ItS inti$ptlUll Irl 2nC'Y,#f�$ [a'�47I' h.,],.! to help' ril2fy frti� vi!� ,ould urt)rirlonihe Kiri;of olurt:rye-i re, mazer ,1,nrr�rY,�,l R,7rli fOn'a,tr}tal';r.r X54 m;llon t 4 Ira's, rn 2L'i8.N,•;)V ,7fiL8.`ir}l1S'rrerr de"i.qw--;u 3 CO`%.J.ic,4 term, rriemt;er tmAl;)au�ribol,lt` i6:.r exp(.,flenUH'wiTi Gr8.,nger&9,Ah ann".1-c f. far_.' ^rdsbratinrr a.;;ti5+itir::. 1`lI %• Number of grants U Yc. trnr I, If of k,arn n1En',f•,f:,rs slc5leyf:ci',ngi05.ec fna# ]] . '+}} «@n inGrainger Cd,.rl 6r',llg .rlprtrd3fi iflelr ef1rj3 ]Elirrell#,holcf.l71 On ti's#Er t'y 900 CommunityGrant � r "$1 p€r.,e;-,t fr�rn �'J1+ii, n ad�ll',lol., 2 f.erf,en. oltq;a�rr, Program n7en'I;eril-Uir;aC6ri il7FA they-dad irl,p:,9tad,n Grrr'rtGer'svolufrCecr.t pragIarfi,up .`;om ci f}el cc n! in 201 Ci, +�f} {;I�, INGE'tt14a�aP{}fi�,'i'E t:?CIA'� '.+Eti i}4rw61GILl'I'Y fTE?(:R"r ni {F" Page 754 of 1743 Qjr LOU. F F SeruiliqCommunities Grainger Around the Globe Mexico :�rsl;rlrs; tAOXI,',{ fourrN i' �;gy,n 9;vra Lar.k io the :or7urriArI1}1 O11Cc 7-%��),Il, E-in ng 2C?-17: FS an Illtir,tive at Its 'Norrr.,rl's 131 iG anc Owc-101 kl air c.u'I llU l;ry+of isfl(s rrrngrarrl, i ncoy G allad lir,^;,their tra.rrr men Inor:)*o vL)I!lllt},(,Iy sli7uUrt &r.d a :;Iat'.-wales I.- r:20d Irrrcu h ma in -el 4�� {}r?rEh'{I il' It c r Ce'1`nr`)r wo,llrn witll L;cll^.e' ❑g 1'.c;II dS �a•ir'glll#� SUCr}7 rt tfa rw rc.,,hablhr:�[;oll {'8rll{`r'Or'Arorrr3." with C;fjlialrr�a pm'ItNe effect kc worell,r,r ;j Il:arl:,r'ad - xnfncn and 11:%6r fwndie�. �s.. 1rRill fknexlcp ray alma 11puns01'er a I{iral Inbutllei m:n, I I.reRobolics.with pi^UUc!to s„ppurk tI�Is r initi..!I'�+es al1�h es bui(Iron a- '-n prr>s111oflns f-r ch;ld•en 19nd [akirlg pr,r' Ir' va''ous competition.: such as FI113T,1', 'oil Ih t^e goal �f r Inti01rif.9 gtudc.nts tr be ;civrace and lechncingSl In.a(!{:rs, 4t{orkIng ML;ff;Pr;ifz; cr:Irec:)gr.i?-8d{,rtinge,•Mexi7.o rr:;one of ihn 'wring 2x7,1'7, C-,rainger:.Aeyj:o�orl.,[ed M.7.'n'l.Poll p{:.sns t'f.,ar C:arlparlies thn'SUF.-port v.-Drlcing;Eimiiies in'hr;ow-try tend k- it urradLlr Ttu`fly Rvd Cre s 'ca heli}0Urirlg ttl(; traflr &L-Acing nquality ,Il❑F,c:)rtunilk.,;fcr �rwalt,talc„l,, Ily lues C,arlt Icua'ae trl,-' shanlc 111 r) coUrltr;+, 1 r.a :also df,naiCA crf vlorkinro. ITI{.+her.:, AlEx).for tho fourth ve:ar I'�a rarr, Me Vexi(,7f1 11 Uvnrt,,l R lial111t U,' i 1f, Irill;t;` nBSta to i(x^a.1 nor prnfrr Center Fcr „'h<.Il�lropy r:roghi�e the-,(.m,:nlly w.1h !I){;P-i10. � i o'yarri,79tinlla In P'001.,01- insk;rrr n�- 'carr rp 'Ir.bc rs t a L-I`Ioresa i;oci<;Inler;t Rnsprls:%O'v Ayial{;,TrI'r. group annually I p.,.rlk%Apel{: in a 13;1W d0frifloll That h--ped aElv;r:cg ,ec:aonlu;,;corrlparl'ras OW oer ;n:,oral 1,^.,2)) Iivaa ,ind {:,,�'I,'u:)d With Inta,"aI retiyrlir.q. w!A%gtR reaprAidl: l'Ity Held ri,vo a.r nl�lrf:'Irr errl [c tt' rrprrlt-}nrS, irlvaslcys, f r!7d�lvrl:l�l and er1Qr�y;ay.ng prog,EjrT7s, GLISIr) eM and;,elf t�{"RI{;rari'7r+1..�'It165, Y S.` .1. I xry� PmoM ILEPr,`DDH I,Ef7p W.ae'kkiF.gLk E,k{TU'I:ijgZa',ArTiel ih 9)'M rprF-%MK'Ael f.{;!ri mz rq Har:xr'FH:'lran;4-0.We rrg9:FiGbSIw5 Iee,n.PHnTO fr19 HTa.-,rnh;c,',Jax ry Iean ruumba's I'Gil'II'n "r'.cmer4,H3!4q:!s-He"I ,i.p Ir rrahw;jsrw,.rd rWal,uI t.w:.rreYx 1pha:1-11i'Mn cur”. t d4 131.IAINiaFR 1 r§ i3O11P0ri.�TE SOC;IAL HESpONfiJ RII.IT” REf'(}RT Page 755 of 1743 1HCbd3k1 &!I 118'-gM06S..�'g -! 10Qw 31.VLJCjddi73 PL4?, '0,30?,11VUE} -3" d,lgsJaupada3rgCuU IC3 Jno "UG DAIJ !?d ,•LJl)=-)AO pr,,Zll!f:UJo` v0'.l'%UOp U!L1VJ,1 U011 14D13 iogWaUA UAE61.PUB BUo!}I'll,}UO7 ',0 e)Ul1O, ■ L LI NIS&,it DeRl U01PU0rI s Il}I Sl Irl P13 E' Ura &JUL100 UO UI wJ LiL J 2T)EAjb opr .0 Ill!f%SJIA$" �a,y11L:�6u 1Jaddri s ,xf, u,uav) • E)r � - .:1AL1(1 D] IrI j:;!D . 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Am:.ah 1:e:neldl nls cl a'7FlyE`r1n9 11M IdanliR6d 4rY p{� Ilo�s i IC3 1 rl id L:ha, ap. 4�P 4>r v�hure L r re ala sIgnilimil 6J(a of dlllf] J Ch,,1d labs' letf�r, I Opel B{4;n9 erd sjp.Ilers x 9I;rllncent rl9k fur Ircu�p-'s fe Grolnpar hRa�:ol k3cl 'lar'a;n'of aiarlane do ._ rorw-d or(%;mpu'"- r'Lfibor f{road U o.i lbueork aU^r '.dare Vivre are InekiwL vi f6v--3 or f campuLdc�y leba•. {rale 7e 4.{s no'idsnliried err;cFJerur.oiT,. blti`1 $BKUr111•PracIlLY�s 3qG{Ir1i'PE.'aOl'nE-!Il a-ne:11 humgr r�)I IIE poib%ae Cr Pf96doureK 5'1tel^.^Neff tUE BlxTlrlCh-it rlaky cf°IUT9n PAIIOri9:'%dela Wcul6't1e d1 YkEed in our 41.-1 li!jF.%or IcdlugnouR r)e:ploo ::lod°rda e ODWio•is LIVOW19 rr;hlc er I'tdl_,ercus pErrllge Maur Eg9rl. %Dern d0 PC fan l�f gflgylf y de Fen�l7ee.'c r 1,2� 412-; Hl,•ran Rj MI z,,S Esessmml Ow ratb rs IhE'.have Iden svLjeel-,c hun4Jn 11.2I1Le ravlE E 2�17 GSR Mono I NrI19 ..-�752e01n III cirdereld 51 r�af prilE.11F,Pa 9 16 412-} I Iurrar,9iyhts AEErisErnf!-rt FT,,lcr,,ee Ir]_n ID or 1:IJmaFi1 Agi-Is I)Aclos or u-9dlJres ofwarh9 R9aPoris y.p$go t.1¢ ._.. ...... ..-. ._.._. _........__.. ..__ -....._... ._._ ._.. ._._. .- - _.. 41?-8 Hurn3n'ily'ira A"EElllenr Slmin"It I^ye911gprt eGrsenwas and;pr•,:,racle Ih9c Irrnleda 0pni ling a89pnn91Ny, - -- -I,umec•pk',M QeLfias'N'tal JI ldervent-il human I ISMS EVEe11.719 - -17 C�!LrL 1, r I 9 _ ¢13-" Lcckil L'oirmur rka Ooaracbl�%Alh 1U.9,Cf:rnrnoirf enpag frore.,:nlp9cl asEes rnmis, 1}ervLig our{.ionrrunlllre.pease d 4 1 S.�d davE fApranl prc{I=E atar.op&oh Ef61{19'anj polo.,1a1 nag&h,t L9rafn�3r has r+el iie3d 917y Opera,lc17R 410-2 Local Cfh nmuniFreElmpErlE on kcal ncm011:,1iCes {}eb Iharc 9re slpO carn aolual cr pcisiAlg_' vagal:xe Imp aca ixl Je r,1I canfnunYI�E, 414-1 SLpPI131.;vialA-,miKSfner. K'-%v sip-119,6 1Fat e,s-E 9amenefl u9I'tp Eoc1%l^rII-.qn [].eeraffip R9"nsWi. 220117(51 RLdr7rE 9� 41L-?. .S{pPller 8mL-41 Asaf'.esm8%z t,L3y91 ir-9 ECI{:16�t'onds 41'.ta B-.lpcly cnsl;and a .lads x,Ioai Gran der las nol Inannrip ary ra9scirre im af?.$n Iho n L�qlk clr iln _ But`s19nIiL'%d i.ompolry.e c^ncernirp al aeh9�Dr cuylomar Mklw.sl lima would N dlaclumid fn our '118.1 Cu9larcr, R`V. y' pli:acy yr lea eE of sua+. Ter d ca 1AJ351sL3Ror�iF�n1IL1 fol�3 flt.ur. yaCSr q betnm er fi�7 b'31 So.I:x3mil::rnlc ounrclIPwe Nor-Wen-1IP,ice'n'r1,es"M era.$Kut3r;pna In the!a,clsl UJ 3 - F.1363rin I hon vmki be rR5-L%e,,.dIn..Xlr wa:n xnlc Grua Amun�ekLUpn Fr,rnF lO kir,r ahL2 cLI {I ygnr-e n�ndDecem-lr r1IL7017 / -,.11$1'1;53k 1.K1OE f.:rri1ell.l:':,:'ll:i�Ui I.HEf�1 rcnrl III 'd114"::E U1 CLBI r.cirafi. dIpu:.gh vx!rsferures.'ll.*ilr.%,311�.Ir.,E:,:�,,r`.,A,Jr,ck 111w lu::4T r9rwr4 fA Ir'$L[Ir1 rlan riv L1::i%n Pf;'pnrEiJ In rpar.r!Er,U!v.,ll7 II�U Si1Y`tarr.`a rin vac, 5.3 �R yl?Ji:3i:F1 ?C 1d; OORP(;9ArE S�0CIr)L REatP0r'{S1[31LITY IiEP0�'i � � '�' Page 759 of 1743 I: 5 k 2018 Corporate Social Responsibility RepF rt K,w!A,.grain gorc8I.cuin VJ sit tNvlr _graing�-resr.com f0v ou r most up-tc-d.-t#o ns.m. 0 0 i� welcome yaur#c dbadc at sr r2t�h t x-com (i�W.W.(3tginger Ina-,X018.All rights reserucd. - - - - Gr�&inge1, Or�)inf�3r ari(! ;)Haig i 7.a.,IM lur Tnrno;rcjw-. C,inq,ri.cci;l'F' arca' r%i,tir.;'.J} J r,ea rrJ.o tl',v rticmrifks lar MHr ivH mar-KI wNuu 1naW be iOg:.,kC-7�!-J ir.'111v a_0�. )r CA'lCr r:, p,kl.l LAI-.or irrde'nark:i-,wd vgiViGF-.Mar l,u.`I,q thEq pniG.or.%.of ll'.�r rr.spHcavt;G-i fi r d' Endto'-End Solutlons'. . e your interior and exterior lighting f6r1-41 withoutefficiency disrupting your - Energy-Efficient Blighting Solutions Tf:e Grainger Lichtirig S[a.'uticns Tearn sen•,eg as your re'�our'c1e to I`elp 11riplemen1: a ccniprchensK+e lighting retrotlt of you r fad,ity thrnuglI its nctl^10rk of q ualIfiod, insured and Ii::e,7s�d se:+ioe partners, Working dcc:r-Iy t-5 ith y�ru, our sorvica prtncrs!,'i1I ne p Ideniify and facilitate; the i.wL.9lla.l;on of�.7ergy saving ;Ipriting mcas.irag that VA 11 hale boo-ofit your bottom I.bo w.th m nlmal disruption to your busir-ess. Cour service partners Will also Help you sersurr. applicado incentives and rel3a:wto for youie onargy-savir;n project. Benefits to Your Business • R iuced operating costs Upgraded I'ifrastrur taro * WarranUas on new u pmenI. t. Lowered op�-:-railoral risk Avoided rT;aintenanUY� expen5os 4 9educed fac'10carbon footr)nnt • IrT1praved quality of Iigh` Improvod payhack ural P01 targots I Comprehensive Services 11 Lnterlor and mderl'of applicaticTis • Audi-end?;rtrrdal q ialvsis ' . . .. Material, centra^tor and project rT;a11age1176(it � 4, llAal aticn I)y qualit&d. .;nUureo and Foer.sea sere ce partners Aci lini trttticn Ti'utility rebates s' � �� L Dlsposal and r�.yolii-,g Lighting retrofits simply rake dollars and sense! Let us help facilitate a proposal for your consideration. Wore com,d,,;rit you'll ov%ralua in rctro-tting your facll'ty with help fr'orn the Grainger Lightlnp Solutions team. (0iT . Save Money. Live Green. grain erii hting olution ,com NGER, 866-597-1330 till Lighting Solutions 0 org3-a`av&n I Uln !caps-� hr.111 5:8 4'x_7 f yl3?33 Page 761 of 1743 S� Q so n AN on, le AM r; F nytmo Q-Ic"s 10 UZ; Mod, IAN%; T 4 A. 1�%d-6 So` I 'It" to A lot sf W; Aq 7 pro aV1 IF;,:4,I u Iq 4 -. Sno zj KOM YF, j N k Yt7 _ .or"mr-li- L;2.� . %� -7. A ON ,;W_N� VIM �i law SUSTA FNABILIrY SOL 0 • Addressing the Energy Dilemma i En orgy demand and cost is on the rise. N, federal as i,1nrnatiorial 1E,1q .lbns continUO 40 develop to hole redLace our global carbon footpJnt, a viab�b solution is critical for busir,o ses and facili'lies to remain productiv:), For a lypicai commerical taQility, after Lighting/Compressed AfrlSteam y-�toms, HVAC Systems/ Ffter8 and Motors and Drives represer7 tho largest opportunity for cncrgy savings. By addres3ing these elements, you can help address tho energy dilemma and ilro�ase your productivity. i AA Lw I _ 1 i rIII I\ I j -1j.. V Fxhrira vx{nr,M'M' I I tfxerC�: -f.A4,1i Ha,,sl, PLCI, ()U/ Bc;�31 Fra;tice,SrAos, Portable,Dala�oggprs, 1993, ;;norgy''ta;,gov AIr Filtratic,�r:--r i;nUo i.i ?Dint Wspose1 0.5% Lif99 Investment and e Cycle Cost Mal Mew ice 18.5% � Compononts of Filters Air filtration is a. t,ignificant opportunity for cost s avings as anergy ac;cot AFits for over 80% of the Ilfo cycle cost, While the original invesiment in purchase and ongoing i maintenance are important factors, energy is b, , far the most important corrlporiont. Socrrw,e; Cadsson, Th(;:nas, ";ncoor Air .I1_ratior.; INhy,Ise: Po�yf ic;r Based PiVr mc-di Fitratrc,n arid { paration, Voluma 8 02, Isrlarol--- 2[;4] 1, Pry 30-.32 En orgy 81.0% k OEM=! IF-age 7 5 Cost of Air Filtration i Don°t wait. Start saving energy now with a high efficiency all filtration system. Replacemorit of car Lridge filters -YviLh h:g I effidency filters c,auId result in significant energy savings, aI)d it's also oasy to implement, Irl the example below, re0acemert With high effidancy filters delise.red annual energy savings of $125.76 per filter. Multiply tkial saving off,the number of fl'Lers in your facility— and. reaiize significant energy savings. CFM.Volume of Air(ft.3lrnin) 2,000 2,000 Ce; Cost of Power($AWh) 0.128 0.128 . ,...,� _-..v..,...r..�.,.. T:Time Period(hm.) 6,760 .9,760 KI: Motor and Blower Efficiency 65.0°Jo ISP: Initial Filter Resistance (w.g.) 34 65 Cp:Annual Energy Cost of Operation Olyr.r $1a7.94� .$26372 • - — - .......... ..... ....... .......�........ ., Annual Energy Cos#savings W-5.781tilter 'cp= [:Frei x; .2 x ISP)x.7 )x Ce) x,T ourcu;v4v^%-_grninger,c a nloi,hi� ndlgr 3:i,{',00 x Ki Reduce Load, Reduce Energy Use in Your HVAC System . Reducing your HVA 's system's load is key-lo energy savings. Reducing HVAC load can help existing systems operate less frequently and allow newer systems to be i-nore officient. Here are some common strategies to help save anergy, Tighten up your building envelope • Perform regularly scheduled maintanance Replace air Filters - lnapect ductwork and piping for leakage or dalYlac;ed insulation • Evaluate motor and drive pedormanco to help optimize productivity - Consider variable frequency driv9s ori air handl',ng units, cooling tower fans and d-lilled water pumps - Inspect and replace bolts Inspect and repair leaking or sticking s-ieam tr-ips Chock door openings and window seals, and plug leaks with woather stripping and caulking Meter and control * Choose simple, integratod meters to track energy use • Upgrade to "smart" thermostats Page 764 of 1743 Simple Energy Savings SILIi : F ` High Performing Air Filters Heating and cooling buildIrigs typically accounts for 40% of the {aLal energy bill. Svvir rr }vevw.sba.rgov The fess resistance d .ilie r cat Ases, th o less work a motor reeds -to exert in order tc, ma:Lntain Ill-le required airflavr,. This ros(Alts in a reduction In the rnotor°s eriergy cx3nsurnption. Managing -filler resistance while-a maintaining your required eff diency Ior air quality ca save both gime and rnoriey. A simple and &tccIivo. way to ensure your HVAC systel n is enclrgy cfTicion! is with hicgh per forrfiir19 air filters. Significant nnorgy }avtncgs are possible due to lova pressure drop. Lo.,%' pressure drop is achieved through highly r0ined alactro tatically charged media, open filtration media s1rueturc, and high surfac.o area design. Pleated filters arcs a gccd choice fo* applications that require high efficiency with love initta# preSSUM drop. High e-tticioncy pl ailed fitters oontain media that Is folded like, an accordion, which allow for creator surface area and lower resistance to air flow. They are avallable in ,tandard size pleats or mini-pleats. Ir, the ey amp lo below, use of MERV 7 pleated filters c,enemtsd an annual anergy cost savingn � of $52,74,11iIter vs an H C Pleat. The potential energy savings per f;!ter (C p) used the €;alculation created by ASH RA E. Variables in -the calcuIatlon 1nolude the volume of stir-to be filtered (CFM), the j initial filter resistance (2P), the cost of power ( c), the trona period #or analysis (T) and tho motor and blower officfency (Ki}. { 1 i� d ill CFM Volume of Air(ft3hnin� 2,000 2,000.+ --- -— ...._..-..... ........ . .......... ..... __......... ......... — - - Ce:Cost of Power(41kWhj 128 .128 --.— . ,rme Period (hrs) 8,760 . 8.760 -- — ICI: Motor and 01owor Efficianc+yn-- 65.D'A' 65.D% ". is P; initiial Filter R9sistance(O.g .33 d Cp:Annual Energy Cost of Operation $68,97. 5121.72 Annual Energy Oost Savings $52.74 Sc uc;e; v vvv.gra-near.;arnA.IirhFinc;ler i f x x 112506 2GFG5 f V-Bank Air Filter Wni.,Pleat Air Filter k Page 765 of 1743 i " r.. II I■ I� f s rl ■ !!! �� I i4, � .. 33,E nil � ';L„ >yp '�� ''} .K.i-_.f. I- Case Study: New HVAC Filtration System Yields $1 .8MM in Annual Energy Savings for Leading University In an affort to s,-we, eriergy costs, the HVAC toarri of a leading university corlductod a pilot study at a 245th square foot campus facility. The now filtratlon s stern eliminated a pre-filter and incorparated 3M TM _Bar)k %.51+fth Gasket (M ERV Al 5) as the exclusive til-ter, The new system dalivexed an estimated energy savings o` $29,5432, as wall as reduced labor and disposa' costs with afinual tiltcr replacement vs quarterly replacement. Based on the succass of this pilot, the HVAC team expanded the filtration system 1917681 campus-}aide (15 MM square foet), generating an annrlal energy SMTIA V-Bank Air Filter MERV Al 5116 savings of$1.8MM for the univo sot . Initial dP of.26 Square Footage 245,000 '4 :DOD Number of Filters 125 ' 0.'128 --....... ........ ........... .. ......... _ -_.,,. Ann ual Filter Cost $10,625 $22;QZkD;,, :'',:, -$11,375 Annual Energy Cos# $46,113 :':'.$1$;58; Annual Labor Cost $2,241 a'a '': $1,792 Annual Disposal Cost 3i3 11$ 11+125 Estimated Annual Total Cost of Ownership 561,251 $41x77 '...; $20,074 3M Filtration age 0f 1743 Auditing Stearn r ps�K y to Energy Savings Fac llrtles depond c sleam systems ?o do.liver thermal anergy that is clean. dry, and in some -Instances, oven sterile. Sterilizers, coils and water heaters arcs critiwa' components in health caro, industrial, and fiuud graces inC facilities. But since stearyi traps are open-ended va ves, leaks and losses caii pass unno!iced, represeiV1ng s ign i I i caj it anergy lossos, Replacing failed stc ar-n traps Provides a crick and eas;, return on inves'lrTiont in energy s��fings alc�r7n. Toe follewing example d(-)monstrates a $6,600 payba ok on an energy audit ani trap repla emeni for a facsiIity %vitl-. '100 Stearn traps; these SavII are multiplied over the course of subsequent years. Iff of Tot aI Steam Taps '100 Steam Trap 1=aIlure Rate 1D% _ Fa i led Stea m Tra ps 10' Average Trap Falrure, Ene,Uy Cost/Trap Total C,tima#ot!Lost Enrrrgy Cost Jnspsctiori Program I ....... Rep!acornen#llrrstailation of New Steam Traps 45, r {, SOrii'(;f' ihi;rlllC%-DIagPlo`iklC:.i i I fa}�• •_y�'#x4C�SL}6 '' � �srxs 35F D79 4NU72 Heat Shield for Stearr. Trap Stearn Trap l I I Thermal Blanket-Quick Return on Investment For existing stearn systems. installation of thermal bl�anxets where insulation has been removed or newer existed gene,ates irnmediato energy savings. %N-.th quick installation or gLliok removal/ re-installation, the highly funntional Thermal bian4et systerns from Grainger can address problem nsulduon areas. In the e arriple belov.� v.Ath installation of 53 thermal blanvel , energy savings were over$36K, with a payback less than a year. Over the courso of a -16-year life, estimated energy savings are over 85,70 {, Energy Savings -. .-. Total Operating Energy Cost-iso Thermal Blanket $46.485.3 Totn10 perating Energy Cost-With Thermal Blanket $4,284.00 Total Operating Energy Savings with Tbarmal Blanket —w,..---------- -..._...--- ..._. _ Thermal Blanket System Installation Tharmal Blanket Installations Thermal Blank S3fstern Oast $ 1, 63, 5 .tom. -labor for installatioUiQO:QO T Total Project Cast $23,523,95 Payback(Months) 8:24 Lifetime Energy Savings(15 year life) :$519,474.85 A- - Soc ce' Shanriun Fntarpa sob of W.N.Y. Ir h' 38PF31 Acoustic Blanket age of 1743 Fare aril Ventilators- Moving Air, Generating Savings Ke epfng 'll-ie {sir in you.facilities moving can save energy- Upblas:l. down bIast and inline fans can be used to achieve chis goal an vAie,n parired wiff7 a direr!--drly-; otnotronical ly commutated (EC) motor, you can decmase venViatian onergy costs by up 'L'o 40-60%. These units are also fully speed controllable, hoiping to ir,c:reaso savtncfs evon more. Prrergy-afficierrl powerpacks aro available to oasi!y convert upblast bel{ dFi\.,e or direc;l-ventilators lo d1roct-drive F-C, Side by Side Comparisons � C Motor vs Belt Drina At 1600 RPM, the EC Motor has a 25% enorgy savings over the traditional belt drive. If the speed is adjusted to 'fOQO RPM, there is an t impressive 5% energy} savings. t kJ * t + calm= FPM 000 1 I 1 50 0. . .� O 7' _ a � U00 I Watts 4 040 780 S80 Energy Savings 25% 45% C Motor vs Direct Dries VISC At full speed. she EC Moior fan has about 01?/� energy savings ovor the Direct Drive PSC Motor. When +p7 ; "p ad is tumid dopovr,30'f3, t[io EO Molor's c;ffioienc i rernaEins constarrl, whore the elf icimcy of the f)rect Drive PSC Motor drops significantly 177ia represents about 70% in erioigy savings, RPM 1 7'20fi 720 a 1200 J,260 Watte X20 75 264 Energy Savings '20% .70°la Svurr Daytorir lution�� rorAir SbVT4 ' Down b18st Vent, Di root Drive I Meter, Control and Save Autom io rrlelaring systoms provide a snapshot of one r y use and demand vk+i-h Oynarnic dashboards Io display building ooemtion and energy consumption information. For example, an energy da41board may show that a building's ventilatior sy�iorn is raver co,lsuminc3, An easy solution is to reduce motor speed by only a fevi Hz to curb consumption with no impact on perfori-nance. Automatic metering combined with automation and control systems, variable Speed motom, srnart tharrnostats and timo-pxcgrammable HVAC systems help ensure a building only uses the energy it Needs, Motoring, when acted an, helps: I • Reduce energy use by up Lc H:c: to 15% • Mee! sustairabitity initiatives i Elirninate or shift eriergy spikes to off peak hours Sb;rrce- 2003;ntarvicva Lry VIjIji,.tfri Fo!dn an--mith Juan L;apinac* dirWtor of the Cc,;rr-ir. rriRI and IndUUIr>al Lrafich of Ellnerq%) Slum a the--PA 12VS20 190696 23AUIO 6PYH5 I=nergy Meter Three-Phase Meter Motor Power Meter . Thermostat upgrades raingo-offers a new generation of "smart" thermostat control equipment, systems and service solutions that make use of the latest tochnological advances. VVI Ti connected-thermostats are making their vray+ into buildings of all types and si7 as due to their ccmnienco and oast-swings benef its, A Veli-Fi conneaed tharmcstat makes it easy to r9duce energy cos_s; just by taming the temperature back a fevr dogrees\A.4,en a building is empty can fesult in up to 3C%energy sa zings. With 'Isrnar l,"thermostat control equipmen t, yoj ha il-y-,eorivenisncc of,co:rtmlling tie ern ircnment in your buiIdinc. fiorn an vhero to reduce wastefu heating and cooling and realize energy swings. 5'ua ce- Lmerson t3', _ , ,_ . ' _ _ { 72 i-Fi Connected i-Fi Connected Tltermostt Thermostat 41 CEISe Study: Pioneering Energy L-raiciency ProjecAt. Projected to' Deliver over $2M in Energy af-%avings A 700+ bed hospital' soug I 1-t i n n ova Live�ways 10 p rov ide fac i I ity im p rove rr i c)nis while realizing e r tio rgy ,, 8 wings. Following an exh'aur,-tive on-pito audi'l, OviDr 1 0 individual solutions were implemented to roduce energy consumption, including- * PulloverhauJ of the HVAC aystern including InstRilation of variable Speed drNfe and automaled monitoring and control Qf air hand):;ng unit's and pumps * Improvod mc4ering and monitoring of electricity, gas, and steam Building managernent systems upgrBdo This project is projected to deliver over $27MM in energy aavings ovor the next 20 years by reducing anorgy CO.I.SUmption by more than 4G%. Sour e: &j 1 r 4der L leoi ric; i! Mater Productivity and Energy Savings Motors are essential for controlling an HVAC system; 851/o of mo,ows help control pumps, f-ans and compressors. They are also significant con-aur-ners of energy, oonsuming approximatoly 30r.; of energy of a building, S'n.r�ce; Za!,,r. .n+ SI7afi �, Ciec,ac Motors, Use�5 of Globd 1=lectricity, 2 1'11, clean[o inica,coiii Variable Frequency Drives for Improved Motor Productivity A VFD ad]usts a motor output for peak demand and low demand so you can qet tyle mosL out of your motor while saving energy. A VFD can improve energy savings up to 70X'; these saviing are achienied by operating in corjunction \,viLh a Building Atiturnation System (BAS) or tndopendently through ,ts "� 141-608 iniornal Pro portiona41niegral+DorivRtive (PID) capabilltios. Variable A VFD is ideal for applications whore speed oonlrol is critical, Frequency such as when operating compressors, pumps and fans. Prive .Sourcn_ Mark Cirni;rn, Pun iP rnej, J Savir7ys wM VFD% P009, sunt xii'7ahleplwrr,cr,m V-Belts for Dieters' Energy ff ienc-ti, and Life .. Adoption of thein three steps will help improve your motor's energy efficiency and Ilfie; * Use Ra\.v Edge Cogged V-Bolts, Ravi edge cogged v-belts grip the sheaVe sidGwalls better than ,,vrapped v-bets, helping to mirk62-e slip and improve efficiency • Replaoe '.Narn Sheaves, Sheaves with as little as -11132" 0-1 wear may cause your v-belts to slip excessively * Tonsion V-Baits Properly The proper tension is the Iovmst tension at which the v-belts,.�ion't slip or squeal under peak load 6A116 10Y311 OAG 7 AX35 Cogged V-Belt{±heave V-belt Tension V-Belt Groove Gauge Checker j:� _.S t` f' 'y L �'F` ' � ' i �.� =�'• R � r1�. J$��Yfs��' Y 'S ��^� ?'� 1. v _`� y'iy .''? tiy: �,�13 ;L,�:� i' . ��r5+ {.3..'�>•� z c�Py��''ki, _ >k ,C ,F• ^3 * } Y' S 1 L. {'r•4.. ] - �`..,i ,. � 'r, .-2 A �. FY. j;; L ,.4-S.'' µF�e_I°k!;Y}� . 'zSy,f, z, yr y..'ti .f, r' '00 S!• r~r .�4s s7'n a fS I '2.` K"'{ ri • yy T iG.r _ 4 5. 5 �Y�'_xryv Yids �,,t}. aL}T='4^w.r z:5�'y ryr:.5z. � Jnr 3 '�&`• ar'r` - ..�2. 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INMkgy QLgT.ioN5. %. . . '.•- • ..� gum � I.G L � i�,l:. *. 't}-, � —•'I�.'`, -o{'r.k is'�.. { I i 3 n t I Update your business operations for maximum efficiency without disrupting your business with singer's network of qualified, insured and licensed service providers,* Facility Upgrade Solutions Potential Benefits to Your Business The Grainger Energy Services tearr) serves + Improved use of energy and water • Improved payback and not targets a your resource to help iden[ifiy and . Reduced operating costs implement a wide ranee of energy- and . Upgraded infrastructure vmter-efficient soli itions far yoiir hL1sirness a, Wa,rrantios on new equipment through its not%'York of qualified, insured * Lowered operational risk and licensed service providors. Working * Avoided maintenance expenses closely with yau. our service providers can * Reduced facility carbon footprint holp Identify and facTiLate the insiallation Comprehensive Services* - v,rater-saving measures of energy and g . Multiple energy- andwater-saving solutions to help benefit your bottom line with � Audit and financial analysis minimal disruption to your lousiness. Our * mateHal, contractor ands project management service providers can also help you secure * Installation by quallfked, insured and applicable incentives and rebates for your licensed servaca partners Administratlon of utility riebates energy- and water-saving projects. * €]isposai and recycling. thircFpgylysorvice prak4ders.' .., sz 46pt#o customer eji� i!'tY-and I �'�'.''�'-'- 'fij� :f-•rt. wf.''R .•.ti=i_:-:'.y'e;AA Y�t rld M1FriI} ,yam- "fF}'� 9W. GRAMGM, — _ r o. • • • �� .•_"7� �;a� ;� � i" a 5��rrI�"r{� 0 _ sryx' s"L�+ 'r i } z f' '9 W sE ~ + ° 8 � ;� � i » x ' 12 5 Questions to Ask Yourself � DOC,-your tai�.11liy have older, ,e;U oriorgy-anc:''AraiGr'af icient pro(jucts r Doer, jour facility have iorlger operat n g I'ou,rs or heavy watcr'jsage? � WO:ild you Pke is ftuce your energy and water I)IIIU while irnprov�ng the p^,formanoe of your open.-ion? ID Are you Int rested in lea.rn'nq about inoerwtivcs availe;sle to your faoility for ! a.�ergy-st�'1ir7g p�;eo-s`� Are you nterefft i In erhanaing your propert,'g vaue? If you would Iiko more infDrma#ion, or to seo If you rfaellit(qualifies for an on-site evalLIMon, call us at 9661-597-1330 a contact your Grailngor Rep to learn haw yo Li can benefit from these energy- and water-saving services. Energy Services Multi-MeasuireSolutions TFuough our network of thlyd party service providers,you can find a vdde gray of services which include audlting, specifying, supplying, installing, commissloning and LrOlrty rebate processing for your energy-and vvater-saving projects, Jgntiog Proie.m 3 Conpra;�ed Alr System UA-as &eair Trap S}'strim StL J'e_!� ano+Uparado Oro;ecls imn Upgrace r1r�-jr3cts x i; aSy_HVAO Projects and' Upgrade Pro v ,. 'S-roles m 'ka!a Ccrser'; .t on Upgrade Fro:'-:its Motor and,:�,inQ PAfjoc.ts Flec°r ve lic,lo C!'arglrg 'S`:,tion Project,-. Let us help fad11tate a proposal for your considelration. Were confident you'll see value in upgrading your facility with help from the Grainger Energy Services team. 57 /t Y '�4I AI xriGFy�.r...r-.�h� .� "�•may rn-"...•_. �z'� �r+� pro g U � J t • r • _ - ; gEnery Services i i GRAINGER SERVICES NETWORK ,;ai_'.h}f k :5 .. . .x.Y..".t ... .'h: u r....•-,,. . :,:.. - � .. <'.-7s�. .r ''.i. .. '. TECHN!CIAN WILL & SAFETY TRAINING Take advantage of quallty training seminars led by an Industry-experienced, certified team of third-party instructors, Participants recelve hands-on =`• u 't.. safety and industrial skills development that can be applied on the job Immediately, Training can be soheduled on-site at custorner locations or off-site at scheduled locations across the U.S. '�`a'SR4} Lfi *s ,,yy-, Y it 5�IlE.'l�S xN_].4 IR'l0.289 E,.-ctricawyfor Power Generailon, Advslic�c Trarofarmers hlainlnn3nro&Testing Dack-lmv P,eoitlon&Cross-Conno.11on.ont-a' 1rawn iss:E.n&Distri kJon KAnry hfaintem nce 8 Testing d311 Screw Applioaf ms&Techniques ZLi5NFPA?GF(AruH3S11Electrical5aietp �'ablEFoul I-mmilon&Tracing Beaftd&LubticW:iPrinciples 2'"11 B NrPA 70UArr Flash EI901rI4al Safety liable S013cfrg&Tarin lnaifan Mediunk Volt7gr Cal}ldfilgal Pumps. 2617 NaUI)kEd Eleoirical Code CbblbTWI.Ing&Lsiegn.st'0 .K;Uoirpulor Numedc'Xi troq-TroubleshoiA rr1 7017 tJ nC Pracfcal ApIIutlnm for H uildi no&Fadi-ti es Clrcuit Breaker Malntenence;_sw&Mgdlurn Vdt3ge .. 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EleokricalSafety:Elandsl7nPnjwliCalSkillsApplacekion EIK.iIf%fvintiars;Under9lnnd:ng&Trou.Iee,ioohnr H�'dt3u11CsTralning&Syls mTroubleshooting rIxLdcd S% tans in H7%elrinrs Loom om Electrical Malntanagce&Td&ih.gTmInIng IFt'S{'omnectar&ConduCtnr Certification Groundf ntlBinding of Elmtrical Systems Elernical'rink Headlig R@V.aAr TF�dning Life SafEty CodO'tJVPA 101) IFPS Indtrdktlol Hyftaul�e?AeciidnIc 2ertlflcakion Fib6r Optlr,Training Revie'xTralning Natlonal Eloctdc Safety Cope Iid-istral EI9LIr'CI:V Oasi-s IFPS Industrial h3'dranlic Speciaiisk i;6r11fIraElon NFPA 116;8Lilldby P:wer Generali;n Wirstrial ElectwnioG&Urcults ileuiewTmininq NFPA76f3-Electrical EgtdpmMt Mainienonou Infreed 1honncgra;.}y FPS InduFtria:Hpdruulic-Tochnlclan CErtitr akion } hFFA 72;hetlonal FireAdmi&S:;lnal,ag CodaHe'+IcA Tialning Instrumeri#rkio9&Process Certkrol IFPS Nubile Hydraulic Mechnnir,Cerllflcathsn NEPA 79,ElecktlGal Slandaritfor IgidUelrlal IJsc�Sinery PLC.Sleinons Step 7 fieviet4 iY2igsc NIC c:1 Lawls I&II PLG;AIlen-Hfadlry DinkrolLogiO IFPS Vobila 1yJwIld ecinician Cerfiflo-.Inn PLC"Autonakior:b'K.01% RaVewTraining ".,{'' " PL(;f'ro9 romahle Logia COr trailers. IFPS Pnemillc Spooi>Isk Certifintlon�pvlen'Trainiq"' r+ r+t '• = � 1^frarod Therrnug mpll]' ':cnfi ted sr�;e Eirtry P�Mr a"`Ive(tela{hralnt91r3n+�A,f3aslc&Ad',ancs�d {I,3chai:csl} Machine Tool 7+llgnmerkt:3-Axis Allgnlnen' POT Ha2ardous M6)r1el Profiective Relay Maintenance Ueneratar MaplrineTcolfd;guuierri;5-Ails Alignnieri Fall Arrack+=all Protection Traln'rq Harardotss MAO Operatlorls HA2�J1OFER} Nr*errtive Rmy Me.inlmncg Sd id State Machine Tool Alignment;Ooncepts Subalaklon Val ntenance 1 &2 Ma�rine-ucl Allp ment:'osiforii ep&MC.I'acs' Holal.q&Rigging FJatJ;�l l�ae.fdx7lntcna��ce&�r�2ly 1}dnFfarraa�hlaint3nar�co&Testing hieotlanlcai Drives+PsxrrerTransmission Froublo5llnoting Electrioul t;onlrol(;Ircuits Pn earn atio;�_!Idr,h-Pneumutiu'9 T�t7lning pluinbing Standards T , unhg f}f}Crl roo�s5 Cont•i)I Lac{is Frtcuri9tlb;Ir,uust'3.=fV Ccha?1°cbf 5ysten�9 Vorlahle Frequency firiYW PredlCJvo IylaIntanarme Shatt Alignment wIthLaser WiQnui9nk Arfaanced Air C,v.Jtloning&Ra-ritlerk W Ul I renin ie TEstiny Ar&'d'akcr Balancing i Vlb ration AmlyFlS Alr Gcndikiocing$Mrlgerafcri Welding CuertifimJun,Pflr,elpins&Procedures BWancin6 of Water&Air%strrns ' Gci lerti;ATet linlc7l G 0 peratiur211Uorksh.ap !7)zm S-q-,V,y ala ;,).b's'a1nwls. .$raeing for HVAC CIM'3rd:(Jperafon&I&Intaname ct Ul-illod Hearin9&Ver llatiun. 01mc,%.3' f FOR MORE INFORMATION, CONTACT YOUR GRAINER REE OR CALL 1-800-GIRAI NGER � '�YC'1 f L5r5fi[asrg9f.Ing, 4'S'-�rn'I+ej2$ i + RAING R SAFETY SERMES NETW.QR :. Ctiraingoft nbtwork'of health acid saf+e'ty 6464ce providers is oomrhitt d ' , .'':; ;.•,->;` to rvi. t au,wi p.. d'ng Y ti1.. uaiity,.oast-Wectjve.an;site'and online gervices.:. r ' consisting pf ha hl framed rletworkfdrEife Indo tri g Y al HygienistsCIi)' and ertifieciSafety Pro#essianals {SSP},as well $s othisr safety artd heaJtkT prbfei�i!66als, Grdlli:ge.r passesses tFie exper%e-and resources to provide :• training;:on-site test'ng end n6cliting,-and'.web-bared t6bis desiq'Qd to aid, } ' in.}rqur oc upational.salbly. and.health programs On a 15ati6nal Scalp. ,I hll;lip,10fic Tca11h a-Ier11� 1510.�GO Elc' MI Shrel fci Pav 4ena�dan r a t..,.n ; E>3ckflaw syxlgN IUS�rtian S�rv»a Tranem�€r,�i,wflis!rihutionJralydn� ' Efr�±van•.F!Y,�u�:h �n�.�.;=:�;'' :3`��°:�'1..:; .. _ . .. ,. Entironmen Camplg y Audlb BIW Sdafy_1-1e1:li-e11'Fru'z i el Slalls;+fpllrplln� Hre AJeno Eymcm doelgn 3InRwagm irahln� 1.. F1(#„vsrm.yl?lercjl�ccURrlSAi`irti f.'.. HAamtgl.a6Mllehrniiradene{yJad€Flekl{�Yl-? 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Electrical �1 c or i e i 8liuuall7cafdt '�'u` ania�klen9'gmpN xifsrarrnFprlArGaaahEleSlrelSaiQlyrrsiuiuP ;SI7B-rlenpr "k.q.�ib ';:.. r.*efxliuc�shrrTrelnkj 0 1,a1la Jk� 1 e I,Coic'Tre(f s..• 9bfel AR Mc9me01g ,Inclilan%G fi,wha- c:rh R18 Sd P5 i5L1Mc Flp i7 Lkctrral 5�6c'ITraNr. SPe4laii�il.liel�feQ:°., ._' . v::.. '.';. ":-; ' sr1PEonel prciaci,e r quipmcnk g Tr�imrg finG[IaipiPRjlFl frr3lht�g:. 1pfiduasrannVarellahle111PX hGpI.Wlrvrn-partyV"idpr COP twt YOW Graingarfor Details, f + Q10'9 Vl.w.Gr;aiugc',h-c, 4'-Bul xi Ja Will Page 777 of 1743 K Wdf1A-rth 'a41 F 4ule.Kj'PA-q.P.wz-') f ► � t r ' tiulu�f d-nitliCl�lal$3 - �.:fiurRl (pad iealuU'djajag.iu!jrr�j: 6uUalliu�enge"�4uaW ' �,mfut2cl1 MGS}duluNJI-Y&d. aluPtll.RU4wpoul'llFrOoghai�ul6ud'h 'r' :GuF#�F�viap4.fwii{F �' UauLgl91!ODZ'Oaautiuiiw,"no funnHbN9J sl!un�f:WP FJaul4^ 'J L-}lNOl. 9uluFjll-�I�Jt'S�hy s3gUrBwvvj 1pN.. t• !!niviuujpp�ls?S, 6yua,llanfiel{jnooho� cul±�eJltlulyrsilrti4�?' 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UH% _SRpf+d.Vnyd ',Ica�eWY.aualuOUp .ainpokid a�aad61wileph3. : .. �Saung]�-YI eIPIl IuIW J(Lfl4Rl a1130'9rtsalllUc�+l TOO. au aula:s 7u a du9l ay.' a ,Srs36Jew3> 'lump"OlealllliarJ'$,lalaiL U+ . .<.. y.•--., ,.•.:,:,a . irwwx�u ' '�u�iUs�.ess�'uueq�iSwawafi�+.�W 'sn�ula5'xllaa�u uJd ' ua„d+jiiu4 A&11�SA1. �?�'+�"'' '�'��I�i�r�liiF!$li!��I`. -;;'.,; ••�, '' '}daua�.t+iiff�.ltl};'. - E�uaws;a"411n57aa13 ' -r 6iiri�il�epua�3 fg-ili ':r.:-#`..r, .:;,iri�,� qH. nb�lek,'OJlvri}5uIP°el I I�PweYJ lauuaf� ..w�gpUeWwu;t Io2Pgnl f�!tl�oH ' . .. t�uluaLJ�:a�S Innat-p0 ea;r1*7 rnilhIduopeulwalaum IA01131{ btPll�leajSi�.dhap�ete�7[fgi ;r";: _ 7niixf }.i41u1'Iinu�I�Cl:loud$?�i; ILijiliib�ry6i9Je 'Ih1 41 �.�!.y''�1�4MeSiWe+3dfl a�] Ili�j-FaexaalluRjz)GmWj4[jnKSeaea411uaH ' ,. {dU5 uyEl'�SJ9 C04@Z�553 Guii!a �uinilA a 9ulis' ! it aue :a�ti�x3�fnpenxsrJ. lu ufnk Vl7SL4Qf}ncu[ I uraiftu Pond y4iuniluaGelxueu le ut4l 6k4d3 (�gd euope el.wdl!niupirr�l [MU 'Ad dINgj3O �aualr1 WMQlWH � {•. asl2 ..8!iluIB111tCflf�ar�.nRi�eHi1�J9�g0.�hll. . I {':' :•.iu ..,h ..' giva�ntlRulMMIS91LfAdH +u2jd.Lx4lemu-:isRjvel.i J7am49F8H -fiuukilla+alya49�&+7fgiW ??WeeyH ., aualla3ch6ul la!�I14 ouW WPuv 1111 I)MMI J�Nsu�aea sV UJgprg lj wnw:lola+2lt¢kLfldADM Pel UMOCAlwawangpalkLuatsxau3 i uggenl 4Aipuld III"IH-kP'i SJ9 ::,r.,. acaaadau9l R dll�1 011101WI VXAJDDRHPJualasai �rKmLi!Y�Si'd4dfua.Wu!tl?d:1'�ucJtlwq}rJeleSWo� .. ..,, . . - .. . �uW9ua l +InadFelY � JV113- 53 11113 3:1V 83 N.IVd t :$ FET 'SEI VICES r Grainger worlds with well-recognized safety suppller,4 for facility and product sur-ves, along u�+i##1 tee-based OSHA certification and trairiind programs to heip you stay compliant. Our strong relationshiips within.the WMy industry enable'us to offeix hassle-free services, inbIuding turn=key product an d:progrann sio I uti ons'f rorn our safety stfppliers as.well as { M1 third.-perky service provi . dors: k.; PEOPLE SAFETY r Grainger& lne SaietvManagw'0 13y6terr •OTrglning Library with-r9cklrlg On Safety *Authorized online OS%-rA 10-&30 .1a!Dur Outrwoh Raining •OnAno NFPA 700 Elecirlcal Safety N ning •Sb5 Nanagament I arainger safety Consultants Network A national network of tl)lyd-party service providers with a oomprehonslve offering of on-site asseosments, studlas,nudlting ar.d testing,,grogram development and support,and tmIning to enhance your safety program, ! rNAL F-OTJECTIVE EQUI01VIENTJ PPE AsSGG&Menta Job hazard 4n9!yoi8 ant!PPE Qssoetment at tho facility and corpor'ato level, r r 0 Cr 9 Tyvek,nocyclfng Program DuPont ep5cial:sts vNI prowlde storage contafnere and pick-up of used garments. Flm-rieeistant Workwear Avsessmonts&711raining Evaluatron of hazards to halp detorrnir.e y nropar product aelectio9 and use,and id entlfy poeentlal cost savings.Ralning on propor use maybe included. rmbroidory&Heat Press Services Add nigh-quality, personalized messages to olotrhing orders. Customize shirts,Jackm9,sttfaty vests, ralnwou,caps and other apparer with your oohlpany°s name or logo. Personalize employees' or-cersonnol wk Awear by adding their names to uniform,poweralIs, *` I lab Gants,etc, Job Hazard Aeueaament Pragrarn besigned to essl9twlth'nlorkplaco hRkard assessinonts,guaJlfy- ing the speclflc product solution, Samples may be prowldad to a�ieok proper fnbrlo,fit and appllcatlon. DiAPone'SafeSPEC"and SafeSPEC"Mobile 0.9 line prcductselectlon tools and dats.beae � designed to waist with the salapiion o`chsmlcaJ protective apparel.AI90 available as a malle app. Contact your Grainger Rep for details, availability and eligibility. *i..'JVALY6 provddsd by Md-PaF4 safely rkgrwofk ertay be subpa ro a feo. l ■ , ■ - # 4300, Page 779 of 1743 Safety Vygwoar Assessment Deslggyred to verist your busiriem or Institution with k,,orkp'aoe eye pro.eotl I a€sassmerft quaffyIng the spec ft prccuct so.'aticn. Safety Prescription Kyawear ServiiI Multlple solutions fcr safe' preecrlptlon oyetvear nerds. Qrderlr.g options Include on-!I kiosk or local eysoRrs sircnl dars. ' f Fall Protection Assessmerrttlsiie x A p lansuraey Is corducted to idantlfy potentlal 10 pratectlan hazards as IIII as suggest products or programs to minim it risk. fall protection'Raining(I3as3c) Sper:Iflc courses designed to traln for sFafety ax 7eigM%ei�uipmont Inspection,rer}vuo planning andtcmr(;r climbing. Custornizod training courses are also avnl'abla-Traning can also be dcne using a mobile domonstra#ion vshlole which derfion2trates arresting forc(m workers x4ouId exp arlenca during afall- t all protnckion-rraining(Competent Person) GoVer'A the OSHA Fell rlmtection s andsrds 2g CFR 1 n9-3 SuboaYt D and 29 CFR 19213 Subpart M for both Genaral Industry and Construo#lon,SPGrlal _ atten#on kxrlll be g iVer.to personal fall arro9t sy:tIiI Partici pan#5 evaluate hazard q and dovelop pra,otica',resolutions-Ithe general indusir} and owns#ructicn anvironmerr#s.ThIs training wl11 glve participants the skills necessary to fir Ill II the role of%t)rnpaton,person"Far d0ned by OShA for t%aelr company. Custom Logo Fall Protetaion CustorI fill protection equiprnwI vrlth your ouslnas€or Instltut:an's logo or safety Dmblem, Flexiguerd" Englnearod Service• Custom eragirirwacr FaxiguardTk'9}stems create uniquefa: l proteotlor}enc access solutkms that meet the requlroments of your spectflo applioEtflon,Also includes on-slte assembly and user training servlces- Fiend Protaotlon&Glove Program Assessment Evaluates your glove program to detarrn;ne proper eetec ion and use,and Iderltlfy cast Bev,rI Sam Ales are prow ided,allovring users to-ensure proper ilt and appllcatia-a, t3rainIS.afetyFootwea�rSarvices Grainger-managed safety footw-Iprogr'ametrsckE. Il re6 . pumhesos,administer payroll deduction and apply company(;oatrlbutlon subsld-6s, Multlpte delivery optlons nc.uding shoomabile,onllno and branch, 111,155 W •' 0 4 Hegid Pret,aotion Aseea�rnant Designed to arslst your busin698 or I-stltutlan with workplace head pratactian assessments,qualifying the 9"olf1c product aolut lon- Custarn Lugo Hard Hats 0ustorntrehard hats with your cam pany'sloga or safetyernb Ern- . . �.. .. 2 Contact your Grainger Flap for details,, availability'and-i-ligibility. p uroud by t�ko p-9ity�afv'y r�obI Mffy�g suc,Wf 2 a . ■ � t CiiR + 0 f! Page 780 of 1743 Heorl Proke.otlan Conganreltion Training Deaigned to assist your business or Institution In becominp compliant ujitti 081-IAste.ldard 29 CFR'IIMO.];.Inc!ucas Instruction on the Imoorerloeof proper use of hswIng protectlon devices. Audiometric Tlest[ng Olr-e+te Rudlornetrlc Laeting employs=*G-pf-the-arktechnoingy in a clean, comfortable Getting. Deslgncd to Irelp you comply with8L'A-s Heari.9p C orloelvation standard :'yo:' Z90Ffi 1910-95. Respiratory Protection Flt Testing&Training" Designed to assist your business or Lristltutlon in cone u ing tralning,trt testing and progrb 1TI Cevelopl to hel p rn ee',OB HA standards, Orrllne Respirator Wdioel Olenrance RaspIrn.orAssessorO Wtxval-e proVidcs quick and Easy away tocompleto madica2 clearance-Tho online questlonn6dro helps prole+Ids employee cloarancefor using uistoal,V any respirator In work cordltlona spec:ied.Gel unique authnriziAon codes for Bach of Wor your employees to complete the questlonnQlre at any cornpr:'ter Ylhh Internet access, PuimGnory runetion Testing On-elte testi ng and online data manogsmmt to In B38ur6 and track pulmonary functlon for your workforos. I i Ergonomic Aswssmrink4 A Corrprehel on-site ergonomic Job aBsassment xwhlch revlews po, I tentlal ha2erdous areas,Assessrne,'lt Includes a ravreur of any fob hazard analyBis(JHAs)for the jobs,a review of emplcysas per,'orming Jobs at wnrkstatlons, maasuremeats i)f workstatlol and tasks,and an outllns of all findings and mrormmandatlons wlth an action IeL for oaM job revletved- i E rgonornic Matting Aeuessmsnk Eye,IUates your faclllty to recom m end anti-fatigue rrsatking to help roduoE back and lower leg fatigua-for ornployow who sand YMME)working. Idontfles the proper mat for use In awz with oils or ch am kale.and provides 12'sere Ales to stand oh or test agalnet chemicals, I I FIRST-AID I 4 [ Firet Aid Assessirl Desig n ed to nsslst your busi Hass or inst.tut ions vrlth ast$blish Ing a first old pYopram, understnnding regulations and meeting ANSI fill roqulmrn64ts. . . a IL Phot AidfCPR/AP,p Training The CPROLED aartlon of thls course proparea the layperson to r$spond to Choking,bY¢athIng end cardiac emerl;lollos. and show Clem how to use an automated external daflV'Ilation unit In con;url�,tlori witi•I CPR.The Meet aid porticn of this course Is designed for emergancy response teams,aafety parsarinel,cupen+lsors and the general public,1?Tis course:aachas you herr to respond to wreathing annoManole9,sudden Illness and Irjuy,and demonstrates tochnlquee to help prevent d'seaar,transmassion. 3 Contact your Oilirngelr Rep for Ietalls, avaiilabii ty and eligibility. . 'rt3crvkasprvv��feo'by2iNra''�part�rzaferynstwark�rraybaserb�ctrotrfe+c. 4 GRAIN=,,■ Page 781 of 1743 Blaodborne pathogen Awareness Train€ng Thls oa arse satisf;es OSHA's Bloodborne f'4thogens s#andard 8 C FR i fl20,103Q whlcl3 prescribes eafeguards to help protect workers againgt the health hazards from Exposure to Mood and other potentially Irt;eo:iou5 rtlettirlals, and to reduce shelf risk frorfl this exposure. i r iHAZARDS ' �• a -x Noise Monitoring A%Y:.de range of sound leve!rneasurement seroloes and noise control prc.Qram development, Mat'"Gas Detections Services Allows you to rnE5nageyour gag def9�kier program atst5xed month ly omt wh Ila having aowss to tasls and re ports that shove you how +aur equlpmer't Is bel- us3d and what tt's detecting. Oaks Dateatlon Equip mantTrainingl Instruction on how to use gas detectlon products, inolLid Ing calibrating the equlpmant. ?f f Indoor Air QualityAsseg8mant Cc-npreh9WvQ .ndoorair quslilyserviees,frornlnillalbuilding p soreerdng and air testi ng to problem reaolutFora acrd litigation Sup port, V 5.+ r;mployea Expoeora Manitodng Carllflod Industrial HygIon lsts(GIH)and Cortlfled Safety Professtmale(CSP)use NHA approved aampling methodoloyles to help you identify toxic f chemicals and harmful emisslons frorr,rr.rnofaol-uring prors8e9a and develop apr)roprlate engineering controls and personal protection plains. Test Instruments Calibration Services Callblettlon ttelps keep your sensitive test inatrurnerts In tfp top shape for Accurate,rellob io resula,Avr-lobla for thousand 9 of instruments and tools,calibration Can he done on any brand of Instrument,incl0-d Ing brands Cxra'ngor does not carry-I norumeirts do not nand t.11 to be purchased frarn Grainger to uSe fl3t�oal;bratich serVlce, CaUbratlon Can be performed on natikl Items at time of purchase ar on Items already Wined.Three Iavale of Call brat-.on are aVFallab to to mea# differor+t Industry stendarde- w Heat 5tr'eus Assessment* On-slte erraluatlan to detor';rine heat strees risks,alloweing far product evaluotlon and testing. Go r tal.t yt ur rainlger Rep fog- fetaI s, availability and #19gibRity. L�apWv;&,dbvthkd-P�,tYsia;yna:v a r7&Vy 0 ubla ■ , r # 1,800.GRAINGER Page 782 of 1743 FACILITY 111 :.r::,;.: ::. •G rainger Onl.Ine SdfetyManager}'Stiystanit o Onllno Safety Training Llbri3fy with Tracking :. r Authorlxed Online OSHA JO•&,'M-Hour Outreach Training Y% i' •OnI.n e NFPA 70E Electrical Safety Training •SUS Managemult t !CONS r :{ 'r I! 0 singer SafiAy Caneultants Network A pati on al naA+iork o' h IIS-party service prrvIders wltti n comprehensive oftorlr.c�of or)-cite assessmants,studies, audit r.p and testing, program dove:Opment f and support, and training to anhawle your safaty program. t. • +- Cirmfiirred Spaoa Anaiysie Canduotod plant tour to determine po;wt.al confined spame haaerds, Conffned$pace Entry Training This coumi;covve the CFR 1910-14q OSHA requIre man:s, $ including h Qndr ori training In entry procedures,hazard wognikion, PPE,monitonng gsar,and permit an hon-permit work praoticee.Along with olasaroom traln1nq, It provides extenslwe hgnds-ors practic+3 In the ua of personal proteckrvo,glia detection an Entry e€Julprnant, Confined$pone Rescue Training Thia oourso Is geawi toward thespecljo needs oftho clleRt I r&ngin g ircrn ons to flve days of tralning.Jt offers a com prahenelve caysrage of CSS HA P R OF R 19 t 0.146 2 s a-rid rnEeto alfa lfcab]D tmInln ] PP g{including ANSI and NFRJ�standards, laesroorrl sasslpns introduce the student Or students to the regulatory req u Iroments. Field exercisos-Gosh the technlquos neves&Eery to Efficiently acid pronclently perform the duties of a Conflnod Space Rescue:eqm, Confined Space IdantificationirAudlt An onsite ccnfrnGd spare Egadik for tho purpoga of updating i th o current confinsd space Invootory as moll w Identifying any labels that deed replacomsnt. Following the audit,a report will be genorated which will provide this follow'ng Information; identity and Iocatlon * l of each:space;whether Each spaca Is porm it or non-parml t required; hazards and potential hazards; R/ whother each specs may#s entered by us:ny aRernate antry prloCEdures,is In need of reo!assifcadon or � If full Entry proceduros are rtoquired. i {ids datbction Lquipment Training rnstructlon on ho%v to use gas dat2[:ti0h products, Includlflq I calibraUng tho oquipmen:, ELtOTRICAL SAFETY to Arc Klaeh Hazard A&ta0diment daslgned tp assist your fac Illty In cbrrl plying with the NIFI'A TOE standgrd,Inoludes Iden:lfleatlon,data callectlon,analysia and Iabollag of 6.11 eleotrlcal arc f'Rsh hazards In your facilities, Included regulatory cornpllonve training of qualDad psreons In safe workplace prpotlmee, � Contact your Grainger'Rep for-details, availability and effgibility. .SCfyiux5frrov6dedbyWrd rMySafetynetwmkwaybosrE6jecttoafee, f + i ■ Page 783 of 1743 Are Flash Awaren&ss Seminar r)sslgnod to bring avLlorene€s#o the NrPA 7QE standard,A<;dltlonal topics revievr5d are methods of R6sassment, P'E9oulpmorit, proper slocirlcal`Dale,#ee#'nstruments and labeling of h5azards, Arc Flesh Training Safety seinlnar for anyone working an or near electricity,Yopics h7olude flash prpkeoticn boundaFies. PPE,hazardlriek Categaryclaealfio2tion€,shackieleotrpcutlon,arc flash : oalculatlons,related regulatlons,and oafs work practices and procedure&Thls trainln2 is required for i aloctrlcal maintenance personnel,opsra#ors,rvUbleshooters, electriOgns, linemen,engineers, supervisors,slto safety peraonni�l or anyone expcsod to energizsd equipment of 50 volts or more. i Eleotrlcal Safety Facility AsseaSrnant* Faolli#y aralysl€of potential ok;ctrical safety issues and recarr,mendsd electrical product solut'ans. }_. Fm*ea&Power Distribution Training 96rn Inars tai to red to site safety cantack't+raga Ir°men#s in this proper appl'ca#ion of fuses to hely protsOt eleotrloal equipfnsnt and po%ver dlstrlbutlon sys#erw&, : ENVIRONMENTAL I q. STUD-E Safety Check program Site Assessman#eveluat6s concerns assooiateCi vrlth storage, transfer,use and dispas l of hazardous liquids, Product otxggestlons promoto using the eight et�ulp,nant for the right jot). Proaices assis#ar"with regulatory Code compliance tp OSHA and EPA 8#pndards. Hazardous Llquld Handling&Storage Aaeessrnent Cn-site audit of hazardoueAI61rrnmahle storage, use and handling. Spi 11 Containment Trainb g A Assessment Empl oyees are trained to use correct products and pro;;eduras for their ap9Clfic spIII con-vol and absorbent appllc,ztlons,Assessmont Involves detailing a business or',n&tltLelon s current splll malrtenarm proosdures, identlficetlon of now and enhanced procedures, and new product eugyestlons. Eyawash/Shower Sarvay&Asseaarn9ntk Walk-#hroUgc�ssmsmen.of fadllty for emergency Q}emvash and drsnch shower safety-fndudes ANSI-compllanoe recommsn4atlons on pro[luCts and atrategi69- PROTECTION Flrestop Trehling Pmgrarn" Eduostes users or,gen6rel flrostop InforrRatlorl and provides st;ppllar specific trainlncl an UL aiassifio,s systoins, Fireatop Facility Assesarnane Comprehendvs faclllty vralk-thru ;rMre to identify non-ccmpl'.- t fire hazard Installations, ontadt your Grailigo.r Rep for detains,availability.:alnd eligib.iility. SRMDSs pmvbdodlayrhkd-pertyesfo!prr rwork meyb W5 ice. GRAINGEn-COW- +1 Page 784 of 1743 Pracasg Safety Managamont Includos t'ro assemb;ing of roqufro l process hazard lftrnation.vrhlch Included flold tmoing,piping oral dguraIoping Pip Ing&lml trumentatlan Dlagre.ms fP&lDs);rovlaMg9 and corn.men Inq on opera;ing procedure(startup,Gil utdn4'on and ern efgen cyShut cow n):and hoe 4h, safety,amargenoy rwponse procedwes a.qd prekgrtive malmananoe practicos. Lookout Program Magda Suruoy Dr-9 ito survey to assass current lac kout-,Ra9 ut practices and provlo�r,suggestions to lmprv;e current LOTO program. Lookout Prgcedure Servide A netvrork of car[rled eervlce provIdors eble to offer a coir.p see tU•nkey "f graphical Ioc koLlAagout wryioe provided cn-cite,He Ips arisure your facll IV has an effeCtive lockout program and wompllos w1h 0SHAs Lockoutrsgcalations, Cnglm;oru%vPcome to your faoilit}r and croate i visually-Instriat ve,macl7l.no-spao;fic procedures that wan be placed dlW,tly onto tl3e aqulprnwt. LookoutMkgout Training Th Is course is for persarraI iiiho are required to service,mahm�aIn or worlc around energlzod equlpment,Toplcs Include an oyerrlew of OSHA's Control of Hg;zardou's Ensrgy, 29 CFR 1 N 1),147; nfarrnadon on Ca9trols and pr000durea required to hOp pm-vent the unexpscted energlzatlan,start up or release of&tpred energy and the dangers Involved;rnlalhods to racognlze dlForent typss of anergy hszaros,doilnitlant.bf authDrzie?d, effected and otha,employees;energy- IsolatIrg dovlt:e and Icck-and=tag defi,nitlons; defln;tions of lock and tag;program categoriee; energy control and appropriate contra!procedures. MACHINE GUARWNG Maohiile Guarding Turnkey Solution A mtvoork of cartlfied rimbe provldars praseht a co-npla:a i machlna Ouar(iing scluticn consisting of mac.'rine audits and assossrnerta,engfnaerin{ and d5aign of machine protoctlo,76,a star to-finlsh cristal atlon mr�Ire and integrated training on all new equlprnoris Qnd procedures. i i i i `'. Safety Paint Aageeament uonduot a,n on-sl'a survey to determine the condition and location of safety markings and r9cornmend the proper safoty coetinga, I HazCorVrlGHS Production Workshop Truk workshop cambines ue!gulatoiy t,@lning and Globally Harmorrlced S+ys4am(GHS)!absl orentionto Help your business or Irsstkutlon meet OSHA GTS irnplementatlon requirements-.tnd sust6.In in-housDcomplience. Heizurdous Communication Tralning Focusing on the specific requlrernsrltg of OSHA 29 CFR 11)10-1POO SubparL Z,this Course offars an oVerview of hazard ovmmunlcatlon standards, require men`5 and respohzIbilitles;tralnfng mqulrements; I;ovr to maks a hazard determinatlon,hazard ohornical i ohar'actorlstloe=container labs ling and ottier hazard warnings;safaty data sheets;empfoyGs train, ng i requrramorKs; hazard preverVor.; irlrilrnizaticn;preparedness;and axposure monitoring plans. 7 Contact your Grainger Rep for details, ava1iability and eligibility. 'ServicesFua Wdi dby tfrrrd-pere s&felyrnfwork mEL to vet Joa fee. 1 1,800.C?nA INGFR ■ J i Page 785 of 1743 visual Workplaoe Audit Lvoluatlon of business or InsI ourreiTt wvarRplauo,vlsual workplace Ddo,itles ord areas of risk,AudIt p.-oVides adatalled report complate with fac'llty photos displRying Isppartunitles for workplace Emprovement, product suggestlons and Ic-Ion Install IdertificR#Ion. SECURFTY Business RAdlo FCC Pragr'amming Designed to help custornors program their business two way rad la products with mRndetory Fed umrnunlcationa onimisslon(FCC)Osslgnezi frequer,oIsG. i Sllpsr Trips&Falls A,sseeemant Provides tN paCastdan safety slip assessrner�t that takes i€� ` custornar facility abseruRtlons and gives baolt rocomrnended products and apiutlons to help yourfacllsty 7 beoom o safer for ernp!oyeeG and gu eats. floor Coating IrrctalEatlon Se Moo Includes an on-slta professlans,I survey,quota and Installation of Rust-Oleslrn°floor coati n!I '•'°+:' Flout'Coating &An#i-Slip Assassrnent An avaluatlon bEifiati on gpplicatlon, hazard canoornsand safstycolor--codad palnt requiremailts. ClimbMgPro Ladd SdatyM Inaludestralningllternturean.�;,IeDtohelp prmeldatrain irgor.safe and propor I ad der use, hovr to select th o correct IaM ws'or the Job and Irndder Inspection, 1nrlUdas a quiz to relnforoe laarrr.ing. , Flekiguard"Engineorad Service Custom anglneerad Flexlgtiard'"a}Stems create uniqua fall protostlon and accass solutlons that moot the requirements of your&pec IFlc app'icatic n.Al so Includes on-site a oornbly and user tralring services. Contact your Grainger Rep for details, avaiIahiIit .and eligjbiiity. iGr�id79°�OnrindS�JCty7r4�R'�rrs�rcrviUCdbYG;rehiga�SafCrySarflce&fnc�,hrl&ffi'�'ataoflNWGf1U�'7�r,fic_ ' ' 'giiq h pm Ytos�S.9, x=16 VIW Grainger,Inc, V1-XSAOS14-9SP74p4 GRAINa +A800. Page 786 of 1743 CITY of TUCSON DEPARTMENT OF PROCUREMENT + �: REQUEST FOR PROPOSAL NO. 192163 2M W. ADVA EDA, 6TH F1.0 OR, TUCSON,AZ 55701 PRINGIP1l. CONTRACT OFEI ER.JENN MYERS: CPPB PH: (520) 837-4137 1 FAX; (520)791-4735 { Please seas the f011Owing Exhibits in this section: Exhibit 1 Grainger US Branch and DC Locations Exhibit 2 Sample Grainger Invoice Exhibit 3 Grainger Sample Item Purchase HPatory Report Exhibit 4 Grainger Value Added Services Exhibit 5 Grainger G AT Site Assessment Flyer Exhibit 6 Grainger Safety Services Network Line Card Exhibit 7 Grainger Consulting Inventory Baseline I Exhibit 8 Grainger City of Tucson Business License '. Exhibit 9 Grainger's Service, Training and Assessment Descriptions Exhibit 10 Gminger's Sourcing Terms and Conditions i I f I I r F1' NQ, 13 1G3 Tho Ciiv o Tucson & l'JNIA prif 11, 2014 M iinteliancc, RQpair Arid 0jia;rafloiis{ivfi�(.}) uppI ies, Fagg, F,qulpu3oil t, VaorklIs Sr RolmtQd SeRgge,. 87 of 1743 Exhibit i Grainger Branch and Distribution Center Locations LoGatiork Address 5T city Zip Cade Grslrger Distribution Center, 4700 H emnEr ewe. CA M IRA 1-02,1A9:1752 {,rain er grernCfl 3334 L tan 5k. CYi SALINAS 93Rt17- 1.176 Grainger Grainger 31,40:!1, _ Drstribu 1:1131k Craitx:r Maa ^u s I'mub Dr, rL Jk�'KSOh"1I ILI, 32214 97111- Grainger M07. Iie39Rd- ,..%-A MN DIEGO 16LIB DiP0ri6slkrc}n Center 701G„aingerway IL MINW.v.. � FAI447 GrelrygerDi�mcli 50220- Cminser 10541V-'AWfl U1SL. CA comFI }N 5112 DlstrlbutlGn[enN4 212ULI E.210 H +v. `AO KAWA5 1,.n 54151 Greingrr"Rranch 10604 S.La Clenegs gpy i- DraFnger 4gpp Old Alr%w3y5 Rd. NAS 50111 HAVEN 3R57:L Ewe. _ CA ING LELX+{.O(} 1113 Dasv il�utian Center C,ruirig�;r Branch 90013 f raingcr 16 Ar:{ilt:u,ko lx. 41 riU u%is n LF 8691 570 S..�lai7ky l St U, LOS AfdGELES 17251 DlstdkauEron Center Horth _ Gralnp,e 6211RmrarlaprE OH fd (FDON, 441355 Grslr�gerDl*iwii RANCHu 91730. Dlx+rlk ukion Gentea _ 1 :224 H4ssa.far. CA I CUMPAONGA, 51LA Nstfibnr Crala e1,Bre;irFi L`IstrlbrrtlDn Len Ler 101 SauLtncnag{:RIUd, SC FOI;NTdIr:�INN 29E,1A 6 9C>91 Industria' 1VEST 95G1 1- G ralnfrEr 201 Frt:cdom Dr, TX R04NOKE 76262 gird. CA SACRARIFNIO 3456 Dlslrrh a,iron Qmtcr Graingcr Rranch 04B2D- -Fra ingCr 12s8 Pike Ct. CA cC�MfARD =251 Distrlbutlan Center 35 S.Tejon St CO DENT ER SUL 1554 — Gralnper 7450 canna Its Lane — Grei 1gr:r Rrarch 9770. p3 1,,1,14 P1.�10U1'H 55441 RRQsLji iAOY: `- Dls Lrlbi,Flnn CCntcr N. UR SUITE�+ CA SANTA ANA 556!5 w r-,rigor 4125 S.rodd Glad. tiVA Tll X's+:ILA yglgg G rel ngr..•Pru 1151 E.Columbia 52Sp7- DlsUibutan(enter _ Ave. CA RIV_RSIDF 2113 GYainger 271 1 Qyskone x PATTFR.SON 95353 G�Wnrr N an[h DISLrlbutlnn Crt:ntor Paclfle Park.,s 8Ue99- Grslg9er4BE5 Parts St. OU DFN`1EA 21311 Distribution Center Operational la 21320 KY Gmwingar branch 610 Popes Bluff COLORADC) 3139u- 355nF- TreII Co SPRINGS x537. i G1241McntllmsrDr. Al. Momx 1712 Graingerbranch L:SiS 1412 Jordan Me 9S815- 4561 In noxatlDn Dr. co FOI I'GDLUNS 3405 E,'raingar branch ,V'd! AL H_tarTMILLE 1542 G ralnF.er Eranch :x11 Gcorge'IDdd 36117- 0547.6- (Srsln erBrsndi Dr, %I. rduraw zRy 2733 J24 UnN-emal 11r. [T NORTH NAVE N 3630 3;222 — Graingersrancls a6_14- 5 rainger Branch Mr.First Ave,N. AL BIR}A,NGHAM i301 75 Mahlni Rd, CT HARTrDRD 1605 729138- Grerngerponull 7572�- Grainger Drenrlr 384!Planters Rd_ AR fT,srAITII 8461 117 Cku Ia Blvd. nE NEW CASTLE +1143 1206 S.Did F.11st u, 727E G singer B,wull I 3306E- 32219- Groinorbramh Rd. AR SPRINGL'ALE =2 12431MetrePlow, , PL Fr.hiys 73`_3 Gra111g1)r Rranrh Grain�er Brenct} G100 hiurr 'St. AR L'rl'LE 1,1001,5 8528 27.59 NW$M 33172- ' 85233- Pluce FL r1ORAL 2428 Ara ingor branch _+xungor rant 77_c Ed#sscfirand fQ — uII.RF:RT 1261 33147- 4465 E.Broadway — 35040- 720D ilk+/37TH Avo, rL MIAhA' 0913 Gra1c^erDranch Rd. {7. PHOENrX 8832 GraingErbranch V1FST 32904- $5'fi3 101 S.lbiokram Rd. FL MELrjUURr'J[ 1131 GrarngErbra nch 941>5,padgedltia, >s2 _TUCSON 5434 GraingerBranch 2524 Sl'i 17th Rd., 94471- . Grainger Prerlcl} 960 h'.5ist A'm AZ PI IDCNIK 2525Ste 300 =1. OCALA 2035 2M W.Rase 85027- Graln;er Draueh ; 37 811- Ominger Branch GtlrLiCn:ane A2 I'HOE h'L4 2�7p 4180 L B m dead R;I. FL DRLANDO 5E95 7501 StFeecoech gs7i5 C,reiri8tr Rranch 1803 N.rlc�lda WEST PADA 33+1a l- GrningeaRolich Rd. CA STOCI(7o 'l4G9 _ N}ei nRd. rL RFACH EAfJ[t 2261 Rh;Swaad 95131- Graingar Blanch I Grain er Eranch - AAm _CA _ SAH]USE _ 77'17 93762_ 1 579 491'H St.Y. FL CLIA:INATEn 4333 cminAor branch 444 Dopli-tic D.,. C.', SAN LFANURO 101E Or.In,=,er Brands 45a5 W 33[514 Hlllsbl)m h Sae FI. TAMPA 54211 Orel erBrrarh LB35Tuolumne St. CA FR E51`10 2411 rral'q e&nr�nc.1i 3g7,pTampaEast 32614- 10137 S.No fe.'alk SANTA FE 90610- blad, FL Tkhi PA 365P GralnFirgran n Blvd„ CA SPHINGS 372 GrpingarBranch 9i9'L�• 32505- Graineur Branch 115a ds•Brud, CA El IJCA WTA 2501 405 N-Palafax St. FL PENSAC01,1 297.2 43369- Gmin3er Branch 8924 W.Penncula 123D4- GralijEe1,Br n h 3900 EaMn Dr. CA 9AKERSrI[LD 1083 St, FI, TAILLAHMSE E 2838 576DCommerCe 34928- Drainger131mch 32255- Gra'lnger Brand? BI',d, c.a ROHNERT PARR 1690 _ 8450 Ph':II s Ilw , FL ;JtCKSONVII.I F Bza5 92645• CWrigcr&ranch 6E851h'httflelc 3:12C3- Gra11grr Rranch 31D E.Bell Rol, Cr; ANAIIr11`4 6312 6ESS I I 1,L 5424601'4 4{117 92CM- GralnRer Branch Grain er Branch 1921 Linda 1.991e Dr_- CA SAA MARMS 0844 2121 Si:2nd St.Rldg PORIPANO =3.9a65- g3p 8 FI. HAD I _ _ 3109 Ora iri:er Bra nch ini S.Rim AVE. CA OXNAH3 7211, Grainger Rrarclr 91705- ., 91324- HX13 Papl L aWi Dr, I CA ; f+^A pM 31FA I, GreigErr Pranch 89301,'Irnl,Mka Ave. Ch NORTHRI DGE 3'4.74 -.. i Page 788 of 1743 Grainger Brunch and Distribution Center Locations Localron Address 5T City zip Grein6arBrrich f03HustWDA 30721- i%'8[rhsleLalldrp 7q,05- 5treel Gd DALTON 3:1.70 Grelnernrbrr'� Rd, L', LAFkVF.IYE 79x9 GrOIAEer Branch Greiaf er 0ls,uch 2972 SCl,iac.5oryicc 70663- 306C7-' 0 Crirrlr a r4r Rd. GA ATHENS T 1_{I'1 HH"? L 5U 1 12PHUR 6405 Grainger 5ran-h 3nS06- rhI Ur nra nch SMS DlAribmrs 70123- � _1.516 Gur�40ri Hkv?. Of.. i%LIG LISTA 7.GQf� _ I How LA_ rdFW ORLEANS 3209 C r Inger nraneh 1721 Msrlel.lh nlvd. K111r {r;�ingcr Brunch '!0114-1 MI`! CA ATLANTA 3546 _ 631 S,Cialoe3St. Lk_ NEWOiki-EJSNs 7517 G ra;ager Branch .._ -'-- 3n2o7- Graln3ar tlranch 011Lu-r o300hronka.=,e Rd. GA FOR FST PARK 2516 791.)CoUa eSt. -_ MK SPRINGRELO 327.1 Grainger urhnth Groirser brarrh 1 611 5.M oriole 11x%w g0060 _ Sc GA I'AARIFlTA 2-mN j 16'11 6road.s� r%qA EVERETT 313071- Cra'nFH 6rancn 42172- Gr In3ar branch E655 C.rrnPmik Ur GA. NURCROSS 24.;4 4131 Arshnmi 9t, MA YdATERTM%)K' 7.5.^.5 1312 Cl ghv SSC 31408• G ralnt;er Lire nch 02052 C;re'n er BrB�trl W G5 — GAknF.N Cf1V 2547 420.Unl',crsily Ave. 61A NORWOOD 2638 ^ 9E19- Grainger 6rench Gral.IEEr Branch 21133 Pah Strrrt HI HONOLULU 440501;0.1- 524rk1- 3iC�-bctKd, MA VX)FlURN 11:133 ❑rain er ural},1% 715 3310 Ave.S'.v I,'. {--DAR RAPIDS 392,1 Grainger Ennth 701106 1811 E.Sheridan 50316- 4748 Forbes Blvd, MD 1 ANHANI 11302 Gra lnsarBranch Ave. IA DESmOINE5 1&73 Gro ingernrdmI ANNAPOLIS Zw701- 52r§fl7- �10381lfoTdRd. rr.D JUNCTION 1175 "uralnperBre gh 961 F..53RD St. le.. [MVINPORT 7.633 Crh:ABgrRrpnch 20850 83706- . Grh1-1B[{Rrench 5576 Irving St. ICs BOISE 1216 701 Dover Rood Ain ROWk ILL_ 1352 ID17"V JeIwSon 614905- GrhlnerRm9ch 212.60- Graln erArantL Av . IL pFORIA .3949 2100llulne3St. Mn BALTIMORE 32�g DOWNERS 605156 Grainger Branch 21221- G_re nsrjr 6rzlnch 2701 den Ave. IL GROVE 17134 89213 Cithunn Rod MD MLTIAi OR[ 3101 6003- Gralmer branch Cra'.n er Branch 5001 W.115TH St. IL ALSIP 5152 04103- 12Slr1hrrM}A4C, ME PDRTLAND 1287 1101108 Eram erBrarch 11'11 trR�anch 2B555hshrenpAoe 'I, CHICAGO 5301 g FA.RrdINGC4N SF,335• 66514- 21001)Hu 6ertgRd, I MI III LLS 2617 GraInF2r eran:li 2221 N.Elston Ave, IL CHICAGO 2905 Grainger Bre nch 1597 E.'ohlttomb MADISON 46FI071• i 1063& }',X C- NIF 14 FIGHTS 1.15 % Gre111� rFimlich &13US.ewit'nAve. IL CHICAEO 536ti1 Grainger6rh.�th 49048- w 511021- 24Y6AzoDr. PAI xAIAr-AA200 9540 Era`.nperBrench SR[S2?{�rrls4nAva IL ROCHf�d 8.t?7 Gr8ingrrn';�nch220111". ' {,0007- I&apatte 48226- GrplrIrp Branch 351155umr=!.P,.. II. WAUKEGAN 3217 _ blvd, Nil D0101T 3C✓.16 - 6Di31- Ore iu$OrRranch . 48511- Grainger uran-I: 3240 rsrannh6m lid, I L FRANKLIN PARK 1532 551.7 Einer rk4 nr._ h41 I-P.NSING 4194 475E,A1e0119uln ARLINf7r1rJ GG OS- 13rain6crbranch 2bM0Groesheck —SBLSS GrsingarBranch Rd. 11 HEI4iHT5 4521) Ilv. MI WARREN 4141 MURTON 5005:1- G=ainger Brunch _ r Cra'n er Bre 4th 9045 River Dr, IL G ROVE 26,51 3EFJ3 Raper A 49,40- 464Ua- ruirce3F 2,11 GRANDRA,PIOS 3437 1 &raln6er Branch 1701 Cline.Ayr... Ird (iARY 2225 Grainger_^rhnrh 48I - 4G7k2• Z15boardwalkSt rol ANNARBO'l 5765 Grain er,ur;rn::l: 1B1$W.16THSt. IN I.ynlptdAFOIIS 2431 Grp lr,3ernrimcl: 4$274 9210(:arl)Dmtlm 16256- 697.1 K1 Iddlebell.Rd. MI KOMULUS _20-01 6rainger Branch Dr, I W INDIAWL1301-I5— 1017 - --n6c.�Bramh JI 4$525 f. 48503- GW,isorBranch 175DQmrnerteDr- IN 5OU'iHb@H0 1565 2711 L#, um Rd. W FLIWT 4954 hs 837 N.Congrt ~ ..� 47719- Grainger Branch 46601 1I1 afa1n6er6rhhtl} Avo, IN EVAN.WLLF 2452 22.1)W.}ludey0r, MI SA(;IrdAW :x'164 0213- Grainger 11mch 345 plata Blvd E Ste 55107- Graingar branch 1920 5.).ewaQ L KS WiI:H rrf, ivm _ 120 FAN ST.PAU L 12H 66715' Gmlhgar Branch S54zc1- Gl sln er BrBmCll 1Qm W.99Tl1 St- ICS I.Ft1 EXA 3109 40299- 201 E.7BT14St. .AM BLp{}WNGO14 i7A9 er Branch Gra Inger Ere nch 1901 FlanksideUr, KY LOUISVILLE 1919 Gra inn �631n3- ! 1351 GoorEmmyn 40511- 2227(lark Axa, rs10 ST.ML)IS 2639 Il G10i1EL-branch Rd. _ KY LEXi uTQN 2503 Grel nge,•6r�reh rv1ARYL4ND 63043- ' 70337 2535 Metro 91vd. talo .HEI6H'I'S 2499 G,aln hr 6'„hch 9SU6 Ashland Rd LA GON?ALES 8097 Gr;lingar Branch gqg N.Cedarl�raak ti51�72- 12.15°Airline Grainper urarch Hlgiwa L., 0,{TON ROLJGF 70817 Ahe. M0 SP LINGFICLO - 2577 Grainger Evencl7 7:Z92- 61127- CreirsohsR rBr4ncn aTha,,7d. 1A WEM'MOtmDE 9454 2N0F.107kSt. MD !): N11ASCITY 2543 I =12riHo"Vw'cad 71109- ❑lalrlgernrentl+ 39212- 5+ Gra"aler Gfonch I r:':re, V, 4H RFAIF,PORT 7716 3552 1-55 S. .415 JACk{ArJ 4963 2 Page 789 of 1743 Grainger Bron ch and M.5trrbut on Cerner Locations Cre ny of 6r�nrh 9974J• d5a;"d- 221McayeLane UT _PILI.INGS 3d 1L1 (3rainger3ramh 13701)W ?.-mt Drivu OH HAViILTOk 22(x. creiuBcr_RrJnth 77406- �457A2- Gial ernrm:sl hiIlford Re. oil QNCINNIXI1 370 2506 Grean eke Dr. NC GRFF.N8BOR0 SZ41 Cradrirr 2mnch 28203- GreingorBmnch 934 W.8LI15L. 0H CI ONKATI 111:1 MIS.MILS., NC CHr�HLUI'1= 4185 35da InLerdwlgr. f;��q¢. bmingorBranch 2880,1_ Crain ErBrFocl} Rel. UH CGLUPARLl5 S•134 L34 Rluers_Idn Dr. NC AsHEVILLE 5222 M Huntley 43229- 6rairgerBranch Gridngcrbranch ld. SUILeA OH 'JdOHrHINGTON i,r30 iBC U3- e.ILK)KLYN 44ia1- SD;{evil�,ke NC 'h'I LM INFTC}N 26" G;ain er g,end: IMM V;�'luy Belk Rd, OH I ICIGI+TS 1132 Grelnfier Lkancl7 2. m- - 13-rdccd,noro 45x1r1- 291,GiIlcdRiL'St NC .-AYETTE VI LLE -1,23 Gmin3ar 3rarrvh ROad OH UAYTUN 4147 rarainger aralr..li '27616- 4540+,1 _ 402-D Slgnekt Dr. NC R?.LEIGH' 2574 fire Inger Llrarcn 14;;F.9na Sk, i}H fR�,N lfLl y 1838 Grainger Df udi SRitl2- 4d A Will Ro3ars DKLA1-10rdA 73!17 38751�1'H Me.N. N O PARGC 2906 Gre"oBpf Rrpuch I wv� 01: C I Y w 7'I'GralnFErmnth 3z21FIW' 2Z WJ 0:CK"N50N SRFA:L Cr2l'1F,ErBrErch 107a7E-Finctt. OK TULSA 1US ENFROY 972 - r Grain erDr,ncl, S1RLE1' SL!n5a0 NO v2l_LISTON 58g02 Gre1n erBf4rlcl) 633SFJ.Has!n-we. OR FC,�'fLk�'JL� 3915 M227- 14123- bminger Brarr_�h 4345 JM. NE Orvlf-.HA 12:6 Grainger uranch 45'1 N.3711$f. PA PH'LAI)ELPIIIb 3gp 330 1-Indl.,Ori�-1 Park a81{I9- 1:401 DrUmrripud 35154- r3re intgefEiraoch M, NH MANCIIESTER 5310 Gral erawv,li Rd. PA FHIIAfsELPHA 3805 21Z lydustrlaI way 07724- =5201- GraingcrBranch W. F11 EA1'0h1VVr,' e206 Grainger13ranch 3ISO LIr-ft Ari. PA Prri-SOURGH 14�{, MOM- 201 RIDE Park west 5raingel drench 819 F sate Ur. NJ I"M LAUREL 120E Dr. AIRPORT 15275- -- — SOUTH V 07080- C.W.Ier Brc rich L4:ATL}R PA PITI'SBURCH 1130 GmingarBranch 2=Hadle Rd. HJ PLAIN Fit LD 1102 18013- ma-596 Rbrdl St G'3I11ar Brunch 2011 Avuhuc C ISA an ILCfICM 211! , 3re Ingef Brancr} Suiko i NJ ELIZABETH 7201 1922- 07412- Grain er P.rnncl, 1530 belrrar or, PA FOLCROFI' ziaz Grainger Branch 306Allwaad Rd. N.J. CLIFTON 17a1 2560 BI',d,CNThe 144a3- g7da__ Gmli-LgerEirarr_h Cenef$ _ PA NUMISTIMPX. 9228 GralnCer.srands 1201 San JuanBlvd. NRA Fi-.Rrf.INGC'r� 2723 17111- 57109- Gif ar Rrtirch 432 Lewis Rd" Pk HARRISBUkG 253b Gmingarbranch 39mD&LkneRd.NE _ rars4 ALdUQUElQCE 4LS1 i55r}i- 0102- Crral aFEr BrEnch 415 V+.11TH St 0. PA EM E _ 1545 � Gro IngerBrsnch 2aNWNternAve, Nv LASVEGAS _ 4815 U898- 9-4 9—1 888-9431- G,re1n -r-Brunch 18Jeifersr5nMy& RI 41'Ak1+dICK 105[ f raj llger Braech 9UD Packer 17e- _Fly 5fAMS 5411 MST 291F9- ISD57- GraingerBranclL 5rAChris Dr, SC COLUM0A 4659 5ralnpr a nin_ch _G9 115 E.Mal'Inq Rd. NY EAST SYRACUSE x437 7407 P pperd.M NORTH 29118- i 2440 Jericho NE10.I1V7F 11040- GrMI eff Firi'Mil AVE, SC CHARI.FSICV 8434 Gmingerbranch Tura pI ke NY PARK 4741 1 24FA7- 1220:1- Grainger arare.i 790 Conpmc Rd. SC GREENVILLE 3598 Grel er Br_aocfil 35 Corporate Circle NY ;1Lga`,NY 5194 b7109- 1�.6+5- Goi gRoe Rranch SOD E.57TH St,N. SID SIOUX Fh.LLS 4531 Crain er Grench1999 Mt.Reed Md. NY RUCI ESTER 3746 372:0" 14[23" Grain ar Breoch- 907 GruksldE W% TN CI IAT-TAI`4 CGA 1053 Graln erRriirlch 430%ki.MeLro Park NY I10rHFMR 2619 -- 372D3- 13950- G-ainger Branch 1021 CI7e MI.P.Auo. Try' I NASHVILLE 8445 Graln,erBranch 2Rer]vcstvJRd. NY VESTAL 447 7707- . 1i 747- Grair er aruhcll 1938 Elm lree Dr. TN NAS HVILLE 3718 GraingarBranch PPark Dr. N'y PAEL'1IL_b 3035 37419- 1171E1 Grain=er Bran_h 6500 Rouni Dr. TH X%IG%VALE 1 7M9 Gru;r er Go Eich 199 Orville Dr, NY 1101:1M IA 2515 1901 Nancannon 38132- 1,22.5- I GfkAgeeRrarch blvd, TN >A>_MPH,S zia6 G reingEr 61211111 50 rvlEKessr,n Pk%vy, NN BUFFALO 511H 1 7R229- 11378, L--rainigErW2nch 497A NW Lcc p 410 TY. SAN ANTON10 5312 Gruirlgcr Branck 58-45 Grand Ave. NY NIMPETH 323a 78211i- gg232- GraingerBranch 50111GLLIInanRd. _ T-L SAN _ 4639 Grain ar arar h R15 and Avo, NY BRaai{LYN: 77177• 505 SaAv MIR riNer 10523- Crainor R.'anch 3MO Greenhdar Dr- Tx 5TAFFOkU 393 brirgerbrarich Rd. NY ELMSFOk6 iaa4 77335- 44706- Grainger arandl 1251 Hari Court Tx DEER PARK 6558 C:reiogt!rRr,;Ich 11215TH St.SW DI{ 7ANTON 1203 �G741h+vrth 77090- 41305- brainFerbran- rieway TX H'OU57DN 5705 G,raln6Er arancls 420 Kannady Hd, OH AKRDN 4474 322'Aleyt x. ' 54515- MPH Scltes 120& Graingerdranch 3GUvkUorrand. OH YOUINLSI'OWN 2025 GrainFErbranch 1A0 TX KENELDY M19 + 43x51- 78408- . Craili�cr Rranch 1300If7lyd St. G F=RRYSBUHG 43+19 ,{riingcr Kranch 43D Sun Bell.Dr. TK CONPUS CF..IZ1571 2.41i i Page 790 of 1743 Grainger Branch and dist ibutiun Center Locations AliO2- 98ZD1- I�irahifpw 125 Sgiv•f'l St _ iK 6EltUrdUYT 2216 7nhS+J_3?+lah7ut5L. I+VA, F.k+EkE'I I' 3646 W.6 F-Bell'!11}Ikc 7674'1- EM'E,7roa6MaV SPOKANE 99Z12-blvd., 5ulte5UJ TX AU%LIN Y:O= A.m. 1'!!k VALLEY 031e .-.,. WO kesea rc)ah-d. Y8f58- gg?gl- GraInger Hranc h SLe 101 _ , T71 AUS'HN &125 Gra li,sur Rmrch 3SM W.Marle St_ kVA PASCO 369? -3232 11sfrii'Urg - 77603- R21 WZ3020 53186- Grah;BerOr q�rl Blvd, TX 11CRATON 7430 Cra'n efBrsneh WBLerinr,nRd. Vdl V:;tJKC511,1 IM - VMD- -- W.02- Eiralnper BraA[II SZDC Ph}ernonl Or. TX HOUSTON 5566 fi ral'iycr Rra'ic•i 202 N.Jacks0:i 9L IM _ M1141', AF..E 59U3 77070- 53225- 4,Tai�$KBrarlub 4545 Darien St. TX IiOLET.DU 5311 Cirale,erBranch 561PN117THSt. TVI MILWALWEE 2245 — 77054 —...... — >9714- G raingar Bnn.h 1222 5 Loop W TX HODS it W 41312 Grylrlj�er Ranch b'1 Atlas Aye, wl MADISON 31137 6050 SouLhx'esl 37053- 5aSM- Graln ei Lr rdj _ Froosv�sTx 110LI;fON 7514 r urainger Branch 751rt+bfMA-,c,_ 1V1 GREEN BAY fSRg iSupplV 1 HOuatan r491 4- Area safet f Gra 1'�Lf 6r{,v:1) 600 N,ynn6ale Lk, WI APPUTO N 3021 Qum773pgp£ncer - -- v. 25397- Grxiugur Rranch Hwy,Ste.170 TX WADP.hIA '!'!5,?S Grp'inger Branch 3040 3r11?.•re.ve. l"N CHAIiLESTGN 1731 '431113- A2[�J1• Ci rainier Branch 5107 Ceror.Dr, 7K AmA RILLO 7025Grai�e'6re 001 1110%mli(ins Cl-le Y1Y {-AgpF.n 1335 U51 F.Divial0n 8t. 760,1- ' +alrll�,r P�ansh Ste A Tx �Rl.11frprl X619 ]305 N.I nte�a-mte 7Sl]Dv"- Grainger arareh 25= _ 1-9 CARRr3LLToM 06221 7527- Grau•er Draact5 4242 L'Iatlnurn iiia TX DALLAS 523 8321101111 k'1 i Crain erBrench car a -r F%% TX DALL-.S 75247 I 76104- I Grein er6r8ncl) 30111,VIcke •Lilvc r]C fT.'dlORTH 1201 SDOO N0rldieast 761OG- Graingerdran-h Pkw , _ _ TX FI-.4Vomt 18=? 2701 W.IGrgk%v 75041- I Grain er RrpnCll Rd. TX GARLAND 2461 756 • Gra1l:,=,er lirench 151371+1.Cotler}.%_ TX LOK%(S'YI t)+1 5U2 I 7M4- crain• GfanUM 507 F.-40TH8t, TX LUBBOCK 2R1G 4110 S.County Rd, 74)06- 6ralnfruBfanch 1276 TX MIDLAND M42 75074- I Grainger PriiKII 7.101 E.Plano Pkw , TY% PLANO 7416 ]6732- 3ralnl;erBranch 6901Irn:SerialDr. T71 1+M0 581] ..—.- ._ 77054- Gmir,3or Rranch 17010 Ka FV1y, T5t I lmlq. 1410 m w 74485- GraingerBrnnch 14DDIOruilan6Dr. 1X EL PASO .5 7790$- Grui'lgcr Rranch 2928 Y,Fraxlerba TX CONROE =154 7MU2- Gra1n er ermw:h 3?1 E,Pecan Blvd, TY% MCALL51`9 57,10 78041- Grainger branch 510 Ce'a St. TX DINE L)D 513135 1406'11.Villa Dial?a 778131- Crolr,aprRrxOch Rd TX BRYAN 4Zi3 — - .. - 84401- Graln erBrnnch 295a3puffl190DW. UT 03DEN 3229 R4119- G rai n6er branch 2775 S,400 W. _UT SALT LAKE CITY 2+1.'7 1131lnternaLlinnnl 213156- ' Graln er Tran,h Dr, VA DULLIS 8442 2204Z- Grainger Branch 2947 Gallrjwf Rd. VA FALLS CHURCH 1024 401 Smalls Paint 23 SD2- GraingerBranch Rd. VA NORFOI-K 205Y 24241 magnol'.a 28223- Grsln+,t46rdo2h _ Court YA RICIIMO%lD 2322 SOUTH OBV2- tiraAgErbfanch 213 Gr of Dr, Irl dURLT'6-ruN 51A5 96L34- Grainger Branch 4430 3RD,5ae.S. WA 5FATfLE 2308 D642d- 1 Grain rr Drai_,rq 7.907 Pacift Hwy.E. 'A'A Nri, _ JD21 4 Page 791 of 1743 3016 3>ti'HgARN NO H01l.VVM0dN1 UEUN-3'699LiaQV io a pNVH9110 9AN3 YJWOo dod 17b'06$ 900M 008 1300Zf0E�12 0 -cM4 7L8 Afl{7 INnowv 4�qV f1 N 3OIOANI '1'd❑ d3BAIIN J NA030'd x I vsn 0000 4AF09 -11:1ov J ]-LNootigN 'O t37815❑N Z OO£f'AL4 4pOpi3#OO�]�I 'ENUV-1bd I WOLBfI❑ SAVJ6 �E9A2£$�EJ 1d7❑ J34'J01Sf1� S,NbdJ�l U3JNIVIJS '()J.11"38 'pl TIM (Y) ti 4— O #16'U6 ` aftc1NJfTOJMt+'1 p11-ls )y{'J.N391FJd6J91'.`1 }N'.vI041N1 S'-1 kVtl a 4B=cP;crJ 9LeH_1 l v_w,vd N slaaiuo�g.lodxe N Sn 1111 a n ildwoo JQJ AR Ilolsuodaai lln1 seWnsae JasrNWO 'pa}l06xa J1 sems tea!i n a4i.!uo{dwnsuoo ollsmop JoJ ppa a o aLUEgJ.Elsey j � I � 09 L xyi I $R L 3E)ZVH0 9,W dd1H HOQF4%S 1±4o:U3ddIHS 3—Yo 90'9L l%v—Loi 9n5 3MAN 1 o0L'�;111011 jl 50Y'd d0 Z 39w(1N i 81L X f3(jdA4 0 Hewn Lpvd nNVOJ Q'saL 4'�1 J 4:11!d algeljRA2Au91lS xo9iMl ;43Nil 1V101 30Iad11NJ1 ]f9V8 A-LUN'd O N0IldPJ0!33C yIN311 Od LKairug-a9 7lvDiNnmov NO R910AN1'31Hi1nC 8)Y�rNOUSM0 rJGJ mas6F-Be 2AgiaL1jrkN IHd U44�6s7409 X13❑l+�J�J3Z}{04J41}I�i� 00A 3ffilYlJdL 1372113 0NZ7 OOP-'jV1, NEINJo1Sfl❑ S,NVJ2i1 �J3NJQIS`no S,Nb'3J1 Ol 719 REA}d0 90d 'S JJ 31.00 N1 k)Y9992LL19 :H313PJnN XH3hll30 083MID69 :3NQHd 2JJN'C1.l6f IJ N'dd H 1 J71]NJ(JN MO Id 1531 :839L14nN_33polid 400fl 4E7409 1f 3OJ31}1C]c3�I�J?IdO 440 ;J7sJL+1f1N.I,N3!'Jl Il+e13U J-3Ed-LS❑NZ� 00WQ4 9b5 L :a3aWrN 32V313i1 Od �:Idvgaisno S,Nb`3211 lS�l Bab on-od did FLMn,V Od ___-, J3VJO1Sf1} S,Ne'd2il fri{O5 af14 1Nnoviv O1 dIHS 6GDEJffi Mo 3.Lvi3 an❑ 'IVIN 10N 0(3 6GdMU0 3L#m 3JIOJ1N1 i 4 �� i £C�044gQ06 �1�18Wf1N a`J1oAN1 � J+ 1 #L4#-#E£O9 -11S3�IN 139Wf1N�Nf10 v i3JNlb 10 i f 133�I1S UNMYQ:i ',m 5969 e5 cstrcs 'VS11NgWnn0(1 SIH, ��f F~AGF 2 GRAINGER STANDARD TERMS AND CONDITIONS A. Sk-ES POLECY d, hewn utne.+i irar'a WArMilly 1. wl'^IPRAE'nnilo For infornedon on s speclflc rnsinufa00.1'er S u'.eirre-ity,o'esae eolltEJ7.the IME11 O.'Ringer W.W.Granger, Inc.('G falnyer)se,Is pro:luctS for buslneas Lisa tia cygtomers wittl proper branch or .all Custemor Gare et I-8 s91-s4e, lalneas Ide-11hoativ:i,which is req aired from all Gusto nem prior io purchaaa. Purge. 5, firs llstcc'aYo'uhcleeale,do not Inr'ude ffeign'.,handling fags.,texas.,rjnd,nrCut'es,and Jur'adictlona have wary N iasis.codes and regulations governlnl conetfvdion,Inaiallatlon, are suL•jec-to=feMu n ur ohange v ithoct no,11P. Markel.Sansibvo commDdlt�l products%ylll ancUor uaa of prcc LldE for a psirt[wlar Du rpOso. Certain produco niyy not to availaLle for be uricad eccordlllg to C1.1"St malimt curlcitions. C.ustamer should oaniaot trio local sal¢Ill all arts&, GraingerdDas not guarele ne cpI11}Ifanoo or B.itaL.IIty M the prod.ds it Grainger branch or cheD�online at wt%vf.nry Hilo=hem-or n�rrent p•loing. I,xport o herr,may aells with any law'Li 44 08 or rcVuletions,nor days�rAInaPr o.Ccep'.reapona:blllry for be subject to other Spaulrll pricing. Grainger reseryps{Ile ri lit to axe,*t or rajact any ore-er, uorlstivc tin,insts:11adon endfol'use of a orodUct. ,t is custanle•'s w-punslb.14 to ravlexv tr.a a. Fig IAA TAX F' applicaLDnand 911 applicAsWelsv.-a,cedesaild 6Nuletbria'.13re2ch rele%'ant C usVn1815 a o'aepana ble fc r pad meet pF all p'ieablo sie'.B and local taxes,or For lurisdlcton io be ski re iha;itic oonstruviDn,in 9'.alledo n,aryll4r u sr,involving ti19 prodll ols fire proAding a ra'Id sales tax oxamption Dartl6ca.e, bWan pl2wing an radar.customs:et.sill Wn,pi9nt. ndicato which products alre tax exempt. 4. D. PRODUCT INFORMATION Grelige•accepts of sh.:logs,money order3,V19a.,Rsimlerr iird,and American Express. !- CA 1812,WAr.artp Infat A+Int Fur cuscomeM wkh e9rsihllsht A 1.v=raingorctsdit,Daymertterms ate ne;illlr;y(3C)days from „I-3lnper reSeraos iha right to correct putAlahIng errors In its catalogs or any of its wobsitaa. the date of sit:prrent or pick-up. All Greg,L extendt)J by Greinge•iD Du stolrlsr a nd the limits Product depVlon,4 In 1he Catalog or vis*altar,are for I'lustrailve purpassa only. PoaRt& 'C,1 of such cnecllt,'9 at G.aIngers solo disoraton,and may oP reclueeC o.'rnookcd by UreingG, &> or uuuDEr to any Ore inger catalog,Il;era;ur Or yrohsites cloys r ai 4omtitutc the right m at ally trnG,for any raesoln, GinI-ger reseraos the righttc charge a convanleme fcD for lata purc�F9e precwi&, payments. Gra:rgur further reae.-o3a thi3 rinht to charge customer a late payIpalli!as at the 2, Prarlurt Rnbatituflan- rata of one and one.nalfe'Cent(1-112%)of the a mount due For earn month c•pc'11an P roduoN(ard cou ntr}'of Drrg In)clay be sut7s'ItuW and m9V nc'.be Idembcal to catalog Dr � (hereof that the 9rrount fug raln3llls U11pa'd,or s.: smount as may oe parrf)I;ed tlndc, u'eLalt�pu D IS hid da&criotone endlcr imsaea. appl'cable 'r.'. AU la5'icipstlon end D9ah dlecc.,Mts are nut;,_v%vad. Export orders Are 9ul*�e_ �. „ „ 'o rpBc:aI expo•t payment terms and ca.'-tdltiona. Ad'psiymenIs must be made in U.S.dalars, EdaW01 Setfoty 38i8 Shasta ti'I.I U ')To(O�tIA defined hazardou9 aubstallo!s Ei-re G rningc,'shell have tie rig I t Df set-orf and doduction.'Dr 9ny sums cit erg b�l oustom*r'.o preps•ed end all plied byy the m9nufad urefa. 2NA4NG ER MAKES NO WA RRAN TIES AND G-AInger. EXPRESSLYDI CLArfd$ALL LIVABILITYTOANY CU$TOMERORUSERWITH RESPECT TO THE ACCURACY OF THIS INFORMATION OR THE SUITABILITYOF THE if 3usicnisrfaila to m9lca payllentkylPIn th AV.30)d9ya Df shlpinalli or plck-d o,or fails to RECOMMr:;RDATPDNS IN ANY MGRS, CUSTOruIER IS SOLELY RESPONSIBLE FOR complywith Gralrigues crodlt terms,Dr falls to supe' adequate assurance of full ANY RELIANCE ON ON USE OF ANY INFORMATIQH,AND FOR USE OR APPLICATION per`arm9nce to Grainger vAthi n a reasons.18:Imo aiLar rEquested DL]G singer fs.uch circa as OF ANY PRODUCT, speCitied in Ora: gra request).Granger mny aoba•shipmellis ullill auph pw,pr ent or 4. comate nee Is ma a,requlrn cage in advanDe for&ny'Wher Shipl7e�,cemsnd in-lnsd!silE- FA.3 and e;ie'. Prarosidol 95 products aro avaLah'a:(1)et 1he IoC.al Grainger branch;(II; p�ayrnvit Of ell emounim Then O need,Clect to pureue AD!lectia^ aoilo^(inoludiny without I y ccntaoW g Grain vr,Dept.B1.L5?.Attn: rnAronmontal Health and SdRlty Dept., 1 Do II C1iLa1IpI1,atkorneys'fees and qny and all Mrer assudEfled costa of collemlon,,emd+or may,a'. Grainger perhysy,Lake Forest,IL 63045-5201 U.S.;(111)b'y'calling Greingar's ruI$D$ its option,ca^x aJ.Cr riny per.of sn unahioped orde•, Revast Lire ei'-677-see-9560:Cr(lv)by logging on tD lyra° ere mi and clicking an ti'.9'Ne6so u roes'tab at t"ra t*of the page. C ustomer riq,rovs to easume raepniialbl Iii'fer,and Customer hereby uncolla ItlPlklly 6. gusrentaes payment C,,as provided,�zrai 1..911 purchaees made by cus'.omar.Na subaldlalis`s WHIo all products listed cr G 3A Advalltagv!O moat the requlremerts of tto Trade And eftilratea. Each of customer s&ubt id,a rbr,and effilletaa ot.mhaslllg from Grainger xwill be Agree nen%Act("TAA'),as imple nlantad by Feoeral Acquisidon RagLilz ons Part 26,oihar olnily ant'SevDrally'I9bie for purchases vidh ou&tunrior a rid ry 9iDlner la glao acting as agent producta sold sy Gra'-.ger rray not.'nUet the reTulranlenO. At the time of pu•G1a9e,Grainger { fcr such sub@ldla.rles arid effilis'.es. will advisr,customers wltn proper Identification r,9 an autiiorized schedulg customervr:natlsar S. Cmrilt RwlAnEp I or nota 6roduct is"rAA-Domplleni." Ary fsdaral cuStolna:purchasing si non-TA?,'Hrm wi!I { CuS'oMBr ag roar,the'.any orad t bale- (g;Issued by Crainger vr:I be!�ppl f-d to o„stomer ,r, be making an"open martot' purcheas that is riot sovereid bV-im conirect. Federal ! accoull;'A'I'hln Af'ne yonrof i?s issuance. Ir CUSTOMER HAS NOT REQUESTED 7HE bustcmars are advlBed ilrat that cpen l Rvvt,aurchnses are N ' GW$ SUIG&IS purCh8a99. CREDIT BALA= 17HIN ONE91)YEAR,ANY REMAPNING GRE DIT BALANCE WILL Lay purchasing-ny product cl1 Me open rrarket.the customer represents that It has autho•'ty RtE CANCELLED,AND GRAZING R$HALL HAVE NO FURTHER LIABILITY, tD.meke such purchase and has to'npliad with all spp:lcsible prOCu�z'nent rag.-stions, g. ,gf�RA Ordain. i li I9 tie cuRLCtrlers msponaib!ily to adAse Grainger'Jlhetlx-r this order-9 fLnded In any part s FREIGHT POLICY by funds'ralp or I-,01d to the An�riran RS=nvee-men'and ;�eoovuryy Asci CAR RA')(P I.. - rooccta are ahlppeG F,0,9,s.-Apping DDin'.,with frslght riDSis,And hEirldling fear,peld by No,111-61f(i.a.,St mCus Funds;, Upon request Grainger will proAda oountry o'origirn Glai.nger aid dig c-ad to custirmer, Ordws over U.S.$';=Do b9fors tax anis frai�]ht(including fmorrlallcn So thatevscamer may de-ennlns coir.pllanon wits,e.7y eppllceble requlrem4,n'.e a-)y OoKofders)are e�Ipped frelq.11 f,es, G.G.D.&hlpmants are not parall-bed.Other tends urider ARRA',$ev Inn 141)5 or any other applicable regi-,siMna, and candItIo-%:may apuly for addrianal frebrit ssrvlr�"{"Additional Froigh'.Sarwioe9'�. including vidhcut Ilrrltallo,,expedited snme day cellwary.airfreelghl,Frelght cullcct export E, GENERAL TERMS ordem,!-,azardous materi9ls,z�:siolnees carrlt:r,shipmonts o.aide the cDfltlguckis U.S„or 1, 1 II11MATInN_CF LIA9ILITY_ other 9pa5;'handling by ti le cerc sir. Any a Ara charges Incurred tar A cJditlonal Fralghi GRAINGER EXPRESSLY DISCLAIMS ANY LFABIL17Y FOR CONSEQUE NTFAL, SeruicBs must be paid by Customer. Fu131 surchergea rrc,�'be applled, Title Dnd hak c=;om INCRIDENTAL,SPECL4L,EXEMPLARY,OR PUNITIVE DAMAGES- GRAINGER'S pa&s to custame.•uron tahosirof shipment to chc carrier. If tiie P'Wua Is damaged In transit LIABILITY IN ALL GIRCUMSTANGEBIB LIMITED TO,AND SHALL NOT EXCEED,THE cus�clrer'&Cfl.'recourso is to file a clain1%Ah the co.,fier, PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANYLIA.EILITY. 2, Fnvr_d r.1 C. WARRANTY POLICY Grainger ally II not De Ilablu for 9ny dvlei in,or Impalmle6m of,perfo•mer€e resulting In whole 1- LIMITED WARRAN TV, or in part from any force Inaje.l,e e'at:mt,':(eluding bui not Illnit9,l to acts of Gad,laioar ALL PRODUCT$$OLP ARE ARE 1hARRANTED BY GRAINGER ONLY TO G{P8TOMERS 0Ivuptions,acts o war,ecte Df tarrotisni(whethi f acius:cr£srescaned).goverrlme Ite1 FOR: (i)RESALE'OR 111)USE;IN BUSINESS,GOVERNMENT OR ORIGINAL daC•ee9 or GoWo!&,Insurr .ions,sly-Jam k--a,qunrandries sllor4mgsa,DDinmunlcatlon o' ECQUIPMENTMa6FACTURE. ORAII eFR YpARRANT&PROD UCTS AnAINS7 power failures,rlre,ao-10ent.V13lusion.:rlabilriy'.o procLile orshlpprcductorobtain perrr.4s DEFECTSINMATE RIALSANDWORKMANSHIPUNDER NORMAL USEFOR APERIpp and lxunacs,inability toprocure 3t.ppllesof!Asti'metorial9,eevereweathefourldWons, OF ONE(9)YEAR IAPTEK THE DATE OF PURCHASE FROM GRAINGER, UNLESS csitr:slrophi,eYBmts.or any othe•cimurr-9tsince or cau&o*wond the reasons ble conteol of OTHERYWISE STATED. PROVIDED THAT GRAINGER AGO EPTS THE PRODUCT FOR Grainger In ille"110uetof Ifs business. RETU RN IDU RING THE LIMITED WARRANTY PERIOD,GRAINGER MAY,AT PT$ 3. } ogaingar'a PPrfnrinanrM1 AC CAMtino OPTION: (1)REPAIR;1111 REPLACE;OR(1fl)REFUND TMIii AMOUNT PAFD BY Customervd!hold harmless and Indenllllry G'alilger,its cfbcer9,dlraclom,eRlployeus, CUSTOMER,C USTO MUST RETURN THE PRODUCT TO TH E,APPROPRIATE agerlta,suhc4nteacturs or repreasnletlwae from a^d agal^st any and 911 Dlelma,II1cILid15g GRAINGER BRANCH OR AUTHORIZED SEFR1ACE LOCATION,AS DESIGWA7EDBY Dodily Injury,de$111,ordamagn tta rDrsonal prcpariy,and all n1ller lasses,liebilile=_, GRA,INGEN, SMI PPINGCOS TSPRERAID. GRAI NGER'S REPAIR. REPLACEMENT,OR ohllgaiicns.dernarids,ect'ollsa')�expenSes.wnda ardirect crIndirect.KPKTvnorunknaun, REFU ND OF AMOU NTS PAIL]BY CUSTOME R FOR TH E 15RODUCT,SHALL BE a bao!uke D.'oCntingont.:n--jrred by C ralllge•related to the performarce rs'wB ices fol. CUSTOMER'S SOLE AND EXCLUSIVE(REMEDY, cuatorner tlnduding%wItlout Iirll;sJon.sedlenent costa,Adoin7 s'fCCs,and 9ny and sill c;ISer expo^sos for defending any actions or N'reatenad actions)a:9118 ait of,Ili wrnole ur in par', R. 16IkRR hUT_Y DISC dIrnFa a^y act or0Iristlun a zus(Dmer.As ampl ees,agent,,subrnntracmra or I epresenlatiwos. in. NO WARRANTY OR AFFIRMATION OP FACT,EXPRESS OR IMPLIEI)r OTHER THAN d. Caneellaflan. AS SET FORTH IN THE LIMITED WARRMATY STATEME NT ABOVE,IS MAD(!OR All product orde-rancellatloms must ba approved by Gra ingar,and mny ba sub.iact to AUTFJORIZED PY GRAIN GER.G RAINGER D ISOLA IMS ANY LIABI LITY FOR C LAIM$ reM:king faas and of,er chFrgsa, ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCTSFI.ROTION,IMPROPER l;- 11311.1111.11 Rdltiirn. INSTALLATION,PRODUCT MODIFEIIATIOH,MIS RE PAIR OR M SAPPIICATION. Produd ratiufr.%must be medo within one(1)yesr'rcrtl dale z)F purchase,unlearn atlie,yflse GRAINGER EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCTS; p) ind:cetad. C c sioinar should call the local Grainger*ranch.'3'90 LD tsy)w gm"q rJ�,for ARE MERCHANTABLE; (i i) FIT FOR A PARTICULAK PURPOSE;OR 1111)DO NOT AND ;n&tructI3n1,, Returned product n_,_st;)e;r or'rgIno1 packaging,unused,undamaged,end in WILL NOT INFRINGE UPON OTHER'S INTELLECTUAL PROPERTY RIGHTS, saleable condl;lon. Proof of purchase Is required In all C95ras. h. GRAINGRRMAKES NOWARRANTIES'TO THD5EDER NEDASGONBUMERSIN F. EXPORTSALE'-S THE MAC NU$ON410SS WARRANTY-FEDEIRAL TRAIII;COMM 15SION IMPROVEMENT Orders for oxpor selee are awhjec;10 tie term&Conditions found at xnwr Ar:Ingne inn,and +SOT• csin bs arcessed by d;cking cn the"Terma of dale' IIn k. * 4111aerandrProdunt, at,rrn. i B return ing any voduct.Qis'.Omer shell: Ci}write or call ilia Intal Uralng-�r branch From I the prX}uct vias pu rdia Sed;(Ilk In the Casa o'an in'emei order,DDlltsict s.rw!fJminrdarerre nno p.-oridethe date,theorlpinal Inwj'ac number,tea stack number,and a desc•,ptlon of the de%ct;or(111,call Cuatamer wwelr�ai 1.ao 3,561-6649,and provda the dnts.the origins:Imam -n'dmt)er,the stock r.umber,and s :Isaprlptlon tnf the dcfcct. Proof of purchaSC i9 roquired in all caeea. MIF%OTATEI TEEN REFER OR R S TEFRM9 AND i;QEW)ITIONS 13 AVAILABLE OI�I.Wyww_GRAINr__E!R_r r ANIS ES Page 793 of 1743 E3i LO K L) INN 11111 F ui a I 795 of 1743 GRAZNGER: { ExbiNt 4 Grainger Value Added Services wYzilue Consulting Services • KeepStock Gustorner managed I nventory(CMI) Solution KeepStock Onsite Inventory Solution (VM1) • KeepStock Secure Mending Solutions • Y Managed MRO Solution • Kee pStock Organize Layout • Cleanup I Content KeepStock Crimper! • Lighting Sf�rvico5 ecommarce eProcurement Solut[ons Punch Out Catalog • Integration to Market Place or ERP • _ Landing Page or Custom Horne Page • Training (Ons ite-Webinar-Mate rlaIs) • Order Management S stem + Safety Service5, ■ _ FC 15af�fy S e lallst Upp rx &AIS essrrroht5 • Online Safety Solution Center Fe 6ra�,er Online Safety Solution Center . _y Ask an Expert Safety Record • : -wanaged.Fi bid ea.rPr6grAm. � Online Footwear Program -6- � Shoemobile Solution# • onsite Footwear Ste re# i HiDya# • safety'AssessrhORU,-Tpidng&luaus' Arc Flash Anaiysls AFD Inspection Services Audlarnetric Testing/Re-Testing 0 Behavioral Health Safety Risk Assessment _ .-.__. Bio Safety Solutions • Combustible Dust Surveys ' • Confined Space Identificatlon/Audits • Crane & Hoist Inspectlons Electrical Safety,Assessments r ' Emergency Eye Wash Station Assessments& Inspections • _ Employee Exposure Monitoring I. *ND chorgre solutions with qualifying purchases Services Ust Is accutate as of 033113-.Services are con tin utrllyadded and fee status may change. Page 796 of 1743 GRAhVGER. lilt ■ r Environment@I Compliance Audits • FaJI Protection Training�Ras ic) -• _ — Safety Paint Assessment _.._ . Hand Protection & Glove Program • -- Ergonomic Mzitting Assessment • — Slips Trips and FaJI,�Assessment • Hearing Protection & 6 Conservation Training — _ Ergonomlcs Assessments _ .— w Fall Protection Assessments/Audits T 0 Fire and smoke damper Inspection & repairs Fire and smoke door Inspection & repairs _ + w m� Fire Extingul0er Inspectlons &Service Fire Protection Assessment & Testing (sprinkler systerns) i Fire; Sprinkler Line Compllance Mariage ment& repairs + Pirestop and fire barrier Inspectlon & repairs • _ Fleet SalietyAssessments 0 Food Safety CornpIiarice/Certificat ion Assessments (FDA/FSMA, — • HACCP, GFSI} Heat Stress Assessment (Hot & Cold) _ # _ Hearing- Ear Fit Test Hearing Loss Determinations(Work Pelated) -Audiologist reviewed • --- � Hose Washdown Station- Inspection & Repair.Services • Indoor Air Quality Assessments • Industrial Hygiene Assessments Job Hazard Analysis • Lifting & Rigging Site Assessments • Ladder Inspection Services • Locko ut/Tago ut Assessments • T Machine Guarding Audits 10 Management Systnm Assessments, Integration & Certification 4 Preparatlon (I S09001/14001/22001/45001, 0HSAS 19001) -— Mock CARP Audits , — _• Mock MSHA Audits Mock OSHA Audits + MockTJCAudits • Noise Surveys (Sound Survey) Online Respirator Medical Clearance Testing + OSHA Recordl(eeping Assessments • OSHA Violat Ion Cou nseling Photo Juminescent markings inspection& Installation • PPE Assessrnents ! Pu Imoriary Function Testing _ # -- — Rlggln�& Sling Inspections 4 Ty_ Respirator Flt Testing ( +No charge solutions with qualifying purchases 2 Services list is accurate as of 0.33119—Services are continually added and fee status may change. Page 797 of 1743 GRAINGER. + i Respirator Fit Testing (Medical Health Ckues#lonnaire) - Physlcia n • _ _ reviewed_ _ Silica Dust Exposure Compliance — Sustainabllity Assessments Survey&Anai+sls of Building Water Systems ' _ Ventilation System Testing • Vislon Screening --- 6 Buslni�ss Continuation Ilan • _ Emergency Evacuation Plans . -- Equipment Specific Procedure Development (Corxfined Space) w Equipment Specific Procedure Development (Electrical Safety) -Equipment 5pec1fic Procedure Deveiopment(Environmental Safety Hazards) _ Equipment Specific Procedure IDevela meet(Fall Protection) • i Equipment 5pecif lc Procedure Development(Lockout/Tagout • i Equipment Specific Procedure Development (Medical& First Aid) i Fqu1prnent Specific Procedure Development(Occupat lonaI Health 6 Hazards) EHS Management System Program Development I (1509001/14001/22001/45001,OH.SA518001) _ Food Safety Program Development&Qualification LINK360-Safety Cornpliance Software (Brady) • eLOTO Procedure Writing Software(Master Lock) a Process.Safety Management 1 I Spi �iWng Engagements • I VP P iyla nagement Solutloms Assistance • Written Safety Program Development • - — Aerial Lift Training — ---- • Asbestos Awareness TraInIrrg • _ Art Flash (N FPA 70E)Training 0 Bloodborne Pmhogeuns Training • CFR 49 Hazma#Transportatlan Training • { k— Class 3b and Class 4 Laser Safety Training _ u • Radiatlon Safety officer(RSO)training mm • Compressed Uas Cylinder Safety Training + Conflned Space Entry & Rescue Tralning _ Craneu Operator Safety Traln ing _ Crane, Sling & RliggingTraining 0 Driver/Fleet Safety Traln1ng • ElectricaISafetyTraining + Ergonom Ics Awareness Training • ExcEivatlon/Trenching Training • Fall Protectlon Training a Fire Barrier Management Training • Fire Ext IngulshorTraining s ♦ o charge solutions with qualifying purchases 3 Ser'vices list is accurate as of 033.119—Services are continually added and fee status may change. Page 798 of 1743 GRAINGER { r First Aldf CPRIAED Training • _ Mock TJC AudRE . Noise Surveys (Sound Survey) w 6 Onllne Respirator Medical Clearance Testing _ OSHA RecordKeeping Assessments _ oSHAVIolation Counseling 4 Photo luminescent markings inspection & installation PPS Assessments . • PuimonaryFunction Testing Rigging & Sling Inspections Respirator rit Testing_ • Respirator Fit Testing (Medical Health Questionnaire)-Physician reviewed ; Silica Dust Exposure Compliance Sustainability Assessments . ! Survey&Analysis of Bu iIding Water Systems r VentlIatfan System Testing Vision Screening • _ Uslness Continuation Plan • Emergency Evacuation Plans Equipment Specific Procedure Development(Confined Space) • Equipment Spec lflc Procedure Developmerrt (Electrical Safety) Pquipment Spec lflc Procedu re Development(Environmental Safety • Hazards) T Equipment Specific Procedure Development(Fall Protection) • Equipment Specific Procedure Development(Loc kcut/Tageut) Equ Ipment Specific Procedure Development{Medical& First Aid • Equipment Specific Procedure Development(occupational Health • Hazards) s EHS Management System Program Development w (IS09001f14001/22001/45001,OHSASIK01) Food Safety Program Development & Quallficairlan _ • LIN K360-Safety Corn pllance Software (Brady) eLOTO Procedure Writing Software(Master Lock) w Process Safety Managernent r _. Speaking Engagements _ VPP Management Solutions Assistance • _ Written Safety Program Development • Aerial Lift Training • Ashestos Awareness Training Arc Flash (N FPA 70E)Training . Bloodborne Pathogens Tralning r CFR 49 HazmatTransportatlonTraining • Class 3b and Class 4 Laser Safety Training - • Radiation Safety Officer(R5O)training i 4 N charge solutlons with qual*ing purchases 4 Services list Is accurate as of 033119--Services are continually added and f`ee status may change. Page 799 of 1743 ;RAnYGER.- Ir ! c Compressed Gas Cylinder Safety Tralning • Confined Space Entry & Rescue Tralning Y Crane OperMor Safety Training r Crane, Sling & Rfgging Training_ 11 • Driver/Fleet Safety Training r ElectrlcaISafety Training 0 Ergonomics Awareness Training . — Excavatlon/Trenching TrainIng4 • _ Fall P otectlon Tralning + rcry Fire BarherManage mentTraining a f I 4 Fire Extinguisher Tralning • First Aid/CPP/AEb Tralning • s Food Pragrarn Training(FOA/FSMA, F5SC22000, 6FS1, GM Ps, SQF) _ • { Forklift lift Training • r HACGP/Preventive Controls Training _ • RAZ OPER 40/24/8/Training • Hearing Protection Training Hot Work Training (Welding, 011 & Gas) • Locko ut/Tago ut Tralning • Machlne Guarding Training • Manual Material Handling (fV MH • Medical Gas Maintenance Personnel Certification Training(ASSE 4 6040) OSHA 10/30 Training • OSHA Haaard Communication (HiAZCOMIGHS) Training • — RCRA training-Solid and hazardous waste disposal Y • ^_TY Respirator Tralning 0 w Safety Cu Iture Tralning ScaffoIdIngTraining • Toolbox Talks . Fall Protectlon Assessrnents/Audits I - Fall Rrotectien Inspectlons - Hzirrnesses, etc. ti 0 Fall Protectlon–Install 3M Flexiguard • w� Engineered Fall Protectlon (Use 3M Product) w I Englneered Fall Protection (U-se FaIJTech Product) • Engineered Fall Protectlon (Use Honeywell Prod u ) a Engineered Fall Protectlon (Use MSA Pro( uet) Engineered Fall Protection {Use Any Product Su 0plier) 1 0 Emergency P'reparedness Services Open Branch for emergency req uiremerits • Aggresslon M anagement Training • Behavioral Health Product Installation � • Emergency Management Program Assessment (accredltatlon audit) • _ Hazardous Materials Awareness Level Tralning • { `Wo charge solutions with qualifying purchases � 5 Services list is accurate yrs of 033113–Services are corp tiro ually added and fee status may change. Page 800 of 1743 GRAINGER: f Healthcare All-Hazards Evacuatle" Pian Healthcare All-14azards Evacuation Training • Healthcare Business Continuity Planning (Continuity of operations + Plan) Wealtheare Evacuation Exercise • Healthcare Security Assmt(Focused-Full) • Hospltal Command Center(HCC) Workshop • _ Hospital Decontamination Practical Exercise T' Hospital First Receiver Decontam inatiori Training • t Hospital Incident Command Systern (HICS) Essentials Training Hospital Incident Command System {HICS) Workshop + Loss of Com rnunitySupport(90 hlour) Plan • 1 w Active Shooter Practical Exercise - • Active Shooter Training • Business Continuity Planning Workshop • Emergency OperationPlan • Horne land Security ExercuIse Evaluation Program (HS EEP) Exercises • Incident Command System (ICS) Training + ' Incldent & Inspection Management (ICertainty) 4 Pandemic Response/Personal Protective Equipment Training • LVeraTralc sys#ern installation,training and technical support services • EnvlroTrak system installation, traInkns and technical support services • a Electrical Engineering Ser0ces-Arc Flash Ana.lysis + Electrlca I Maintenance &Testing,S are Parts • Color pliancc—Electrical: 1910.269 Electrical.Safety far Power • Genera't'ion,Transmission & bistribut Ion i Cornpiiarrce—EIearlcal; 2015 hl FPA 70Ef Arc Flash Electrical Safety • Compliance—Electrical: 2018 N FPA 70Ff Arc Flash Ele�trlca I Safety • Compliance--Electrical; 2017 National Electrical Code • Compliance- Electrica 1. Electrical Safety;Practical Skills for Switchgear r Compliance,Electrical: ElectrlcaI Systems in Hazardous locations + Compliance—Electrlcd: Grounding &Bonding of Electrical Systems + Compliance—Electrical: Grou nding& Bonding for Vacuum Trucks • Compllance—ElectrIcal. NFPA 101; Life Safety Code" 2012 Edition _ • Compliance--Electrical: NFPA 99: Standard for Health Care Facilities • 2012 Edition Compliance—Electrical: Nat iona I Electric Safety Code • Com pIla nce--Electrical: N FPA 99: Sty ridard for Health Care Facilities • 2012 Edition -Com plunge—Electrical: NPPA 101; Life Safety Code"I 2012 Edition • Compliance— Electrical: NFPA 110; Emergency and Standby Power • System s Compliance—Electrical:NFPA 7011: Electrical Equipment Maintenance EEO Compliance—Electrical; NFPA 72: National Pire Alarm Signa ling ( +No Char a solutions with uali n gI q fy g purchases 6 Services list Is accurate as of 033119—Services are contfnval<f}1 added i7ndfee Status may . Page 801 of 1743 GRAINGER (+ w . _ Code 2019 Edition Com pilance—Electrical; NFPA 79; Electrical Standard far Industrla1 MacWnery 2018 Edition _ Com pllance—Electrical: NICET Levels I & I1 s Compliance—Mechanical:Confined Space Entry 0 �- Compfiance—Mechanical: DOT Hazardous Materials _Co_mpllance —Mechanical- Hazardous Waste Operatlons (HAZWOPER) • T _ Compliance—(Mechanical: Hoisting an Rigging • CornpI kante—Mechanka1: Uniform PlumbingCode Electrical-Advanced Transformers Maintenance&Testing —~- EIectrlcaI- Battery Maintenanoe &Testing w �� • Electrical-cable Fau It Locatlan &Tracing Electrical-Cable Splicing &Term ination Medium Voltage • Electrical-Cable Testing& Diagnostics Electrical-Circult Breaker Maintenance Low& Medium Voltage • Clectrical- Electric Motors; Understanding&Troubleshooting • Electrical-Electrical Maintenance&Testing Training � Electrical - Electrical Print Peading Electrical - Flber_Op_tIc Tralning + EIectrlcaI- Industrial Electricity basics 0 Electrical- Industrial Electronics & Circuits Electrical- Infrared Thermography 0 Eledrlcal - Instrumentation & Process Control Electrical - Mlcroprecessor Based Protective Device 1 Distributlon/Industrial Electrical- Mlcroproces�or Based Protective Device Generation • EIectrlcal- PLC; Siemens Step 7 • Y Clectrical -PLC:Allen-Bradley GontrolLoglx • { Electrical- PLC; Automation Systems s Electrical - PLC; Programmable Logic Controllers Electrical.-Power Factor Testing 1 Electrical -PmverQuaIityHarmonics T + Electrical-Protective Relay Maintenance Basic&Advanced (mechanical) _ Electrical - Protective Relay Maintenance Generator • Electrical-Protective Relay Maintenance Solid State • Electrical-Substatlon Maintenance 1 & 2 Electrical-Transforrner Maintenance &Testing a Electrica I-Troubleshooting Electrical Control Circuits • Electrical -Tuning DDC/Process Control Loops • Electrical-Varia ble Frequency Drlves . - HVAC-Advanced Air Conditioning& Refrigeration • HVAC- Alr Conditioning& Refrigeration • -- HVAC- Balancing of Water and Air Systems • HVAC- Boilers:A Technlcal and Operatlonal Workshop +No chaege solutions with qualifying purchases -t. 7 Services list is accurate as of 033IJ9—Serv✓<ces arc cat)tin uafry addedand f eestatus may c✓yanye. Page 802 of 1743 PW Jt��Jr� HVAC- BraAng for HVAC Basl.c/Advanced • HVAC- Heating and Ventilation • Mechanital- Ball Screw Appllcmlons a nd Techniques — T • Mechanical - Bearings and Lubrication Principles . Mechanical - Centrifugal Pumps # Mechanlcal-CNC: Corn pater Numeric Controls–Troubleshooting • Mecha nicaI -Hydraulics Training & 5 stem Trou bleshooting • Mechanical- Machine Tool Alignment: B-Axis Alignment + Mechanical- i�achine Tec Alignment: 5-Axis Alignment . Mechanical u Machine Tool Alignment: Concepts . Mechanlcal -Machlne Tool Alignment: PoAloning and Accuracy . MechanicaI - Mechanical Drives/Pow erTransnaission • MechanIcaI- Pneumatic-Flectro-Pneumat ics TralnIng • --- Mechanical-Shaft Alignment w/ Laser Alignment • - Mechanical -Welding Certification, Principles and Procedures • Compliance - Mechanlcal: Occupational Exposure Hazardous I Chemicals in Labs Mechanlcal -Vibration Analysis • . t, Air Barder Audit.s + Infrared Scan • OLI Services • -- Patch Repair — Roof Cleaning —�LL- �, • Roof Restoration • i Rooftop Safety Installation • Tremcare Warranty Ce!lingTile Installation/Replacement . Lab Furniture Assembly and Installatlon • TV Furniture Assembly and I nstallatlon • Water Conservation . Midstream Utility Rebate Incentives j • Systern Studles • Corn pressed Al System Dust Collection System Stea m Trap Assessments # Product Diver.sey/G reenguard CertVicatii)n • Dlversey/ Floor Care ProductIvIty Survey Georgia-Pacific/ DIS penser Refu rbish,Recycle,Reuse (RRR) Program • �� Georgia-Paciflc/ LFFD"Calculator& LEED" Reporting + i Georgia-Pacific/Battery Recycling Program + DOJO/Dispenser Disposal & Recovery • 4 Wo charge solutions withquctfifyirtg purchases -.y - --�._..,... �,.-..,,.__ 8 Services list is accurate as of 933119—Services are cart tinaarly added and fee status may ch angre. Page 803 of 1743 GRAZNGER,, { e. tijDh + . GOJQ f Pre-Installation Site Survey • Rubbermaid / Innovative Solutions Mobile Showroom • Rubbermaid/ Recycling.Solutions _ + Rubbermaid /Waste Audits _# ----Rubbermald /Site Assessments & ROI Calcu Iaters - • _ — Rubbermaid/ LEEDS' Certlflcatlon Support • W!w Pig Spill Preparedness Program • Diversey/Greenguard Certification _ DIversey/Ptoor Cane Productlyt�.'y Survey • Georgia-Pacific f Dispenser Refurbish, Recycle, Reuse (R RR) Rrogram s Georgia-Pacific/ LEE)" Calculator& LEEDI= Rep.orting Georgia-Pacific/Battery Recycling Program • DOJO/Dispenser Disposal&. Recovery • DOJO/ Pre-Installation Slee Survey • Rubbermaid/ I nnovative Solutions lvlobite Showroom Ru bbermaid/ Recycling Solutions — Rubbermaid/Waste Audits • Rubbermaid/Site Assessments & ROI Calculators Rubbermaid/ LEEDOCertlficationSupport • New Plg Spill Preparedness Program • Dive rsey/Greenguard Ce rt IflcatIon 0iversey/Floor Gare Productivity Survey o G oreia-Pacific/Dispenser Refurbish,Recycle, Reuse (RRR) Program Georgla-PacIflc/LEEDS`Calculator& LEEDS' Reporling + �. Wo charge solutions with qualifying pvrchases 9 Services lis t is accurate efs of 033119—Services are can tinually added an d fee status may chonge. Page 804 of 1743 Exhibit 5 l GRAI GER'S FETY Crain ger's safefy ss ssrrlent pros utilizes specialliAts with specifi qua.lifica#forts to work with yoU #0leterrnine ypgr s4fpty needs. Our Safety Spec iAli sts use the Gealn' Site:Asses.snie(it Tool.""to Cori aoct detailed and.personalized safety assessments to Help improve your safety prograrrr*. Intuitive forms are dBsigned to take#ho hassle out pi con7pliance checks, Oar w &fe Specialists utilize a mobile app that allows the right questlons#a get asked. :• „ `X{` :=' Irrlply ansyvar campl`renoe questions with i } the Grainger safety peclilistand-the Glrainger jte Asse [Yaen#Tool corn Iles :- them lmmediafely, Whi rx the Inspection is finishel, you'II get an instant look at#$Pili#y strengths, weaknesses and higp prlorVty issues through reports Y.x. genera#ed by the Grainger 511�Assessment r.�. Tool. The reports will heir you identify i actlDh$10 be taper!to address spefoific ' safety.'prograrn needs Within yourfacili#y: soff ;IJ"%YF44�fi f+f91S.n'11�YIf SIiM cL II��F(r-Ri In.4l In4lhf r�iMl6r�hGb[,Ylih ar"Mr(rmu I!{ . _.i'}�4:�]JM1)t v�t�lv:.y:kF{,:�!41{KJ•2df i'/1[�L:.T..l✓:Avlk�l 118iuw i�-f+ary Fr2�,l�•br1{.';fl`'hC ' .. .� 1�11SL41w Mn��,i}'�'.w,t,aaEb+il!'I GRiI S{-..n'T.Y4:�v�S:P.Yu1f.��9Fvar:-�✓++iCak Sl ml.br.+,y;?r�}:'yi ' .' 441,FY+grtnl.�ari?h!+•M k+aNl=ca�and .. ..�. .. .... .. ... �.. ... ................. .. .. r,'_' ' ■ Yi's'YMi:�fF Y, �}�,s: a d IYI k PERSONALIZED: + I.� U5W intem tFwi;form'allows '2 f7Yda�IwakYlFill �If+'I.Y7 r{IHFi„r} 1,5p4 a Grainger Sakty .. .. ��1S1��'�:IWI1,Ii�h.PH-11 E JA l,iyp� ea ' -d.trk;L ry-.Flk rxx'rm4w+iI iIl,l ry'YAQ Specialist to add. r.�'. ' mrw9uFkV..T.rLo.rYr .oCTJxgrf n y obrnm&nt$and take . nrvr�,l:MlrJk hrilq/J photos on Sher .' 'PravldIng a gU10% C: and coenpreherksive �� iSRYnrc.r.•LIIs:�F,raily ��_. 3-ef2Tei1C00�tt19 impeotbn findings- . V GRAINGER.0 l tMI GRAINOM age o 43 eFIGIrJOERErrFASEFaRAFHTT0aL9kl <.z. .. •;<• DYNAMO;Questions Fa'dkIG GS{T',L'0:' change based 6D your. Hazard Communicio ion (OHS) I.n�lrru:ea�tzr our 6re.ingeF Safety Specialist to quickly recomm and irhd r,l:,,Iix FV11-0; 1-11�3h �12.eoea deliver W'appraprlate .{NrI1A.epYPragrugl r++, . GraingePmfeily-gotutlon. * 1. Ai6xu'Flarnysa+poeed6ahv5Cou�hclrleq'a1.rOBr9¢072 Y 4 s '"'''"�' erx-gcrxy'sIII.oHcrs7 i F.'In iTJC IJ1C-0 . {' -!P T. PO'-al lu..or hemdois#sm cols' 1.911.17113rai(W.) [Y}Yr {' u fX ycurofr aizu1F•1�1 hu"u u eillen hcxord cam9Y.rl[FII79 �f 1'es x� r.: ! '.• Froarrrfi 191 C.'.20CgOxi% _ Ec"y.url WHO oomn Wk9liun✓fWi nrWam cr:tr the rellrxing Iq4r�; 1.114�'�2C4;9};-}, �`•� 16'.G.iD}];r}�:.' 12'C.'fitr];ei�7j{IfI IJnn-f:.I:lin.S{,,xka 1 '046AN[ZED-.Forme are cus oinized for all locations iriiihin yd'ur facf Ilty_Fasy-to-react : results help yo1 quickly kJentlfy safety issues/ Imlmedlate ru*&and work with trie Grain ga:. Safety Bpeafeiist to resolvo them-. it w.rro+ Lalli ILII FiG rlafh •-I x ,r,.n.aY��vaw, EY its.i.��, r.},.•,arh6slr=.47r ■F'�� .� ,,;�.r � h'-w,r -•�.a P1oIiLArrILVa(� ,u •'1 � •"' V•yr,La�—r��'tr rylnmu[Ilon 1 `°'��"`'"' ..°"".�7 •r.n � f � . I�:..,y i ..�#�.«Or•� ,i� rirWs y y k`,o�'"�tiaw�'+ti.� F.'. ' � .+�l� :,.w.,�r:::w * 'p�'.."'.w""��:�.'.. a'� ,. _ . :roy..':.:�,.en �+{w io •..n�M�°r+�,�'+„_,..�ry }.. . vM1u„a35 �.��x..wY�l,�•ri} 4 r r�a:�rr}+yrr,.�i�ircil'ii::rliv ZM �xsx�. s*,�� F:�r.'V,.,t�.'+•,iyR.,R �.f.. '� [NYNviu+tlw'"]!, t'.� tv x'+tx�'ti'..�%Y a a �ri x,.x�wa� ....:r�r,a ,�. ""'.� "aW� 'w..s.o.-�,.,...s. `•m k.:'. Rh, KYJ}.:i�an�..i.} ,..�.` yr,e.�h,"4f �rr. - ' i1—rJ }: t {t„titi roti i'•.., 's 4uh,..S - #, w".t'x' �� .� ��x��.�..,..d�... nn�, � yw '�f.� �r..�•��r;'+�ti °"^ I Y,[*$`5++.##.,r n 4 •aw M^n>•r F�� - wM':.�rt t.-:i.i+,; iyr.� .n�� 1 `,x:ii,...t}ar�F�...:.W .[» H r 4,yrK• •�h 4Y5rr r: 1... m ux. su.w+,s:r+tn 14ni r!X t'hiy4, 4 "iM+r ry�,ofe�, k4t { yit ...iavi.+r�,��rx�.• n�,:i '~ ��>*wr+." a,... y 10'4+ :}f.` 44r I'rxsh'Y, rlrr r.}� 61. n. i :: ... ...... . Contact a Grainger Rep today for your free compliance check and get instant r6&dts1 'Please Note.,7i�e rxxnr nt b7 PhfS AI q Js ialc%W00 for gmsmfiniarmsth, purpo9e3 Wit 711is P�jtf wf ri is riot a.sfstiwte for re'!?w of mc7 catafe go-7-7f+ iu+aird'rs gild SLIQLhimtr.acid sraordd nor t;a rexnsrrl.ad as re�dWco w opvi'7ion:Headers wirh s Jfik�mro&w�w q[fcsb'crrs should 7a ''ro 010 UaY f4uiliU r or rsansuit with an arrompy j 02a16 1i4W.w.Grahl7 r ,i11c. W-)�SAMU l ■ , r + # 1 a age 43 FACT SHEET E- Safety Walk-Arounds for F t ............. Managers This fact sheet provides guidance to help managers and business O%Ync:,rs conduct safety walk- arounds to identify hazards in the workplace and communicato with workers about hazards in their jobs. Thero are at least two reasons whir managers and owi)ors should periodically conduct workplace inspections,thernseIves, Rrst, i ns poctio ns d-e nn on straW management's coin m it m G nt to improving saf ety a ri d health by finding an d fixing hazards.Second, oval k-a rou n ds let managers see for t hemse I vcs how the safetyand health program Fq working and whether it is effective in identifying and eliminating hazards. Safety walk-arounds can also help m&i-alters and owmrsassess I ow key elements of tho safety progrann are work i ng. For example, h ow engaged are war kers in the p rog ra rn? Do wo rke rs feel they have received appropriate training? Do they know how to report a safety or health incident or concern' PIKE-INSPECTION ACTIVITIES If the %Ywkpkqoe has a safety conirnjt[�o,meet with Prewraflon is imourtan- poor W starting an lr.SO�CtiDrl, the committee priort-Q the impoctlon to get their per5pective,�n the most Important safety issues, Take the t.'rn P�to 'a m q;)rlzo vo u rsGI f kv ith mev.-o,kp'ac o ailo operations and the hazards that have boon previously Dctermlne what safety equipment you will need t4 j&Mfic,C. Pre-.:-isPrecciQn actiAtios might littiode- conduct the inspection. IcFentify the most hazardoLA5 a'rezis by examining past • It is impartant to Ic-ad by exornpl.e, and wcarinq the inspection reports.injury andworkers corripens�tiQn right por,sonal protective=equipment (PPE) sets a rocoi-ds. incident We-stigatlon reports, gild re�p-nt good example. Practice woaring the PIKE to make 4ien r-m iss i n r.id on Is. PI a ii to focus You r i ii s poct kan s on sure You know h ovi to Put it an properly,a nd that it areas where haz-Lirds have been i dontl fled an 6 c:hctc k fits, to see if p rev i ou*-i d c n tif i 2 d hazards ha ve been Co n si de r ta*I ng the same hciz-ri rd td enti fir-all ci n safety abated -)r if further a cti!o n is needed, trainfnq taken by workers, rna nag ors, or the-safety Ta I k to workplace-9,9fety rop ros o ntatl v es a n d CUrflfflittee, other ma ii agors or supervisors about their sa IF ot y ob!3&vatioris wind concerns, ONSITE INSPECTION AM VI TI ES Whon on rna ke 30.,e Yn',;are woeri ng the right RIDE for ez ch ares:.you -nter.Nothing lakes amy c red i bil I[y faster than having the wrong Pad or not viearing F! properly. Be saN; dr,,rilt expose yourself to hazaeds dur.:ng an irspxtlori. Limit.the size of the i ris-;D ecti o n gra u o,large groups te nd to stlfc open eornmuniratirn Wth wor0rs. LQA for easily obs�rvvble hazards f1rq-su& as: Tripping hazards Blockad exits • Frayed/exposed electrical vilres SAFE WORKPLME 11ti—M U.S. Dcpartrn(.,r1(of Labor 0 wvvi-osha-9ov 2 (800)321-OS FIA (6742) IMUTS I SOUND kikisinss Page 807 of 1743 4 Missing machine guards Try to find soIkAions rcr hazards vp)ile ycu are conduct1-g Poor hou,5eke e p i ng the:nsoection I}fir applying your own creativity and inspiring I' Poorly maintalriW equipment th6 creativity of wx.4ors. Flnding solutlons "on the spot" demon :rases ycr!r commitmen=to making the wor.�place _ook for property damage, s-xh as wa':s or dcors damaged sw;er, by eq:,preen-1 ar forklift traffic. Such damage may indicate Prior to ro!rpletir-g the,nsoactlon, make a list cf hazards n oaten:°al for [ifurc}xorka(injuries_ gat nLod to be addressed and prioritize them accordirg to Talk to wcrkcrs at their work stations.Workers are Likely the severity of= e potential injuries that might occur as a to know the must, ,bout the hazards and safety issues in result or wLrkers being exposed to the nazard5. their jabs. 1.-p into thst k,)ow)leogo. Make them comfortable talking with VOLL Ass;,rc them khat you are intere5tec in PC ST-[N SPE CT1 0 N A CTIVI7[ES `inalncg oroblems and'Ixirrg them, i.e., improving safety, riot Post-irlspectlon follow-up is 1-n portant to LsrablIsh.ing your blam`.i.c aryone far your findi s,AvoId yi�s/no quest`ons_ credibili y as a manager whc is commlt:ec to improving Encourage co worsatlon.ASK open-o.o.ed questions Such as; safety, Fai[-�ro to up can often stifle worker � What Is the rno5t hazard-ous task in your jots? What part ic.;-ation arid enthusiasm, whirr can be h4ard to regain. w kcss ithozardous Very soon after yo.-,,r inspert'on, prooare cin abatement clan • if you have been injured In your job,�vhat was the rantaining a list of tine haza,'d5 ford,corrective act ons Injury and how did it hiDppen? What was d a n o to neo&d,arre'a rease71able -neline for implementation, Make y})ur job safer? SQ.'ne coNp!e�;Jfiazard,s may roq further evil Iuation, How would you mport-arr Iii]ury, hazard, or fear-miss? study, cr engin�p.ring wLfk to di�siGr acrd irople Hent Seek cut,and rally to _,-e most rccen:y-olred workers to get approp rlm2 controls,Ce£eriOe brietfy how the hazards wiII Iheir per sp�rtivL on safety,.These 'fresh eyes" could havo be addressed and Wentify intcrlm crirrtro[s brat w;11 be used valuable in.lghbs, while mora parmarre:,rf rieasores ire developod. Observe wcrkers as they perforri tho r job- Her example, Share the aboterrenr plan with maragcrs,�Upefvisors, do Lth oy i I Pt-hea)+y'o b]ectV Do they stone/5lti in and workers �s a way of show Irrgyci- f commitment to postures'?Are they perfor•riIng repetfavo r.1otions? if sr,take fixing the Sa`oty Issues foind durirg your in'spoctlon. notes ar:d photos, Ir their Job inv-DIves handling whr-mi ca's Trac k prug r2ss by sharing or p-�stin per'odic updates to or4�xposure to excessive rci5e.anolor haat,a more deta bed Nt,PI,".r, E�rsureall cor,Facilve-Lt1Lr!s aee 1n-plum ntod in r�valuatlor by a safety,Lrof+c-s loria I miry be r order a timely faslrlon, a SAFEMRKPLACH i i 09" U.S. Dc ppartrnent of Labor ■ %vvi%x.osha.gov ■ (800) 521-USHA (6742) 4U4 SOUND a+uslNf#6 Page 808 of 1743 f. . ,�'f. r. ••.fc 1. a ' RAW ER SAFETY.SERVICES NET °:• Oral nger'g.netwgrk of Health and safety service providers i5 committbd to.providing yodwith quality, cost-effective cn-site and online services: trained network of Certified Ih yg' ) :'j•}ti or7sisting of a highly cfus#rlal M lenistg CAH arLd 06rtiti ed Safety ProfessiohAls (CSP), as.wel l as other,safety wind:health professionals, Grainger possesses the expertl;�e and resources to pr)vide' . trainhg, orf-site testing and auditi rig, acid Web-based tools designed to ald ajl-your Occupational safety and'health programs.on a national scale. � IFLERDEMYUMNING MESMrISF . .. Audhr*�a'.dc le�ti yra�-7es!Kb 1910,eEI t&un ralEaFuI3 ForftAA t Ber.Ersilm. eieckilnx slam lgs cull n$.SerAee S) p :�4 } Esind ie'f�.grio�l?rg•.:°' ;.' :E' i9��. a edfil Glg.l l o e �Ivlr_x 'r'. . - •' ` 'I¢31,�irilyl��i�iP�:.°.::-'':k'f''==. ;r, '. ;�-:'. _ �F .J En&onmeolel '+ Ibnpla co Dudlm � dud S H+kk-o"lFTatselSklpe " Ewb nOce &Inaepikw. j lrs3dn0 ' kr$NeiFn3 Ig�u`III f ,.. it .'<''.'':r: `::•.� ' . f .. � spG4tion'&�Ssrue�-:='','.',�::'.';' HeungLcesdgmrml-innswofkF{et'Acd}- giop� € etl0e:l7Al�l9 .'.' RrcEarlierrApeclunlGqPIrsJ Aedide I�Irsutveu 9.. ..:+. Fleclrc�I;NIVLeuaiI&IToiaip 7oduq�Air'dplrjJfiaAin'egl >::`•.-'._,::.. 0o1 Lr �.rcil9 x ngof: lApilicpBjj 1p�lisor9666m I "Ih�hlg 01 I ryui�r,Asem rnm nm :'11fl lelilflfp>', Flre Uoof l¢apsplim Rcpare rMtae lifu�l''F�pulj�l9r+ ;' - Maid'eJElm&SefstjeTrWrQI r4.guM r-!Moor�l�y�g�. OrliliePcaulle6cfMeIIIr�Clea'auu7csting "NEPA19 '4"dc.$&f�gjDidep:2dl ,fd�l�pif iu�na':'.''; FimPrub2dmAsumcmpdFTeAx3I5prldder SYMHM NFfi11la!Emerywy9 6)56:lhy'Pmer Syolems I . ..trelgihrj .FSI:iPr"otccl.��leeF�i18'lliglfi0�liui{&R�liwe(Spielnm'g�'' I Reeplr&W FH 70Sj yj ire ulcus on In}sctlen,iir3ll •f l'X17179 kC I IfE9ulpn�nt�r�frfLefi�rf�4 it prvluo yaIno n9&frWAYFun :Picaulle ri�e�c ii{lei l.l{5afr # IibM e� -,",` WPA A?Anllao d clic 45rm 6 51An'HIN Iwo ppie Iw�rt�Iho'kei�cxird:-:. ,: a Edrili�lrMillig :T ;sit «rd}yarpr¢ fgil:5,etyia�salgng:,_ Sfrce Uus1 h xcuicCam lanre i Ideiel�ilon I Pl1�174ifjrl ;l'Ejalldd,flplfli�bif61'kflr,I'niC ' ..` 'i.> ''.'':•• ... . .,:.;.'. ... ',�.' +ptilollpli5� •j$gY'ikr'•`f'::.`,_.{.�,}':'',:;,':�r'e,;3 c7Q1>'�.EdiJIPn;Tleinlpg'.(.°� r.': ,. :,.•;', ... Flr�SpdnkL�r.liner,oml'I�'rc�anegelr�arYlRnel�ils . NFM99;SWudardiorH.Bam WrerBuiRSe.2012 �Gli(e llop]Silppfee dn,7A ryi.ln§XctipairS elu'cp.; ditioliTraldln hnibf.yn}�%enkf�larkiVaIfipc,llou limulabon ! - EryulpmeutSpxi �fToca7ureueuFlopmeal oWxkcnolkrmrards oAhiiB:.::; . COW'd, re Lle1liljc tionrAaldlm i Rcbealoc (g:IcssTralninp .. .I`ering��rx$ ffoata�l�s:rigliifli�t�r�'.'I v:�'';'�{`..-�� Ax)vesYroaierPpecli�IM1Exemlrc` . •> FUpir+ Spoc'61) Md re fljhcluDmcnt �g FIR it f rM Ird7orTraring .'.'. r4unelaldSn_uity�CrerciceEvehlnliul Prc+lam fHSttl' Smrdaea I Co11Fkd Spxu Enhy f.it 4. ue Trailrrg 'Arc Fla%fivlyels BIGITALSAFFTV TOBLUT RAVIUO rY50D-raison f%Rri9 . •f:JeYl�i`i5fehiiyili�nfE911g; luddcr�c Pi2pplkm 61 m_ffmm-h i Equlpmenl S iris Ftcz v GerelepmeN I Iti�lq.f(anagu lit'• ' Add ShcomrlrelnLro IE ciShi Occll. li 81I Ilfl I .:..t" Ma'' o`tcdlisfilln' Hrp P.1101j,Cs1lCrTrMng 'zaigNI'F,X7prfkcNA ElecldcelWflly-1 111,i1lu . . ... . -. - .. r ..• S -1YAbaesemenle ;hicfdehf hmh(ndil.9fj�tajYIIG5�iral_gllig p1{N0.0ha!Eleclii�j alviael4Gp.'':.:< '{ :' PardemleHea. n fre rte, 2018 HR'A ruEUlrc Flegi rl�iriul Salcty TrelnF Ali lgci. irinfn:i_. _ 7cihdu9 fn sun f Fto6c,slue nrF�l i . ,pry'R.aafi,�f�F'glFitit�:iti>r;lolog: : , f "6gyv ue 3c onry everelA�o-rgoull CuaillAcrlhL*-r pmOerr, I YQUr GrOingurfor ■ tJU ar ,V2o-9W.W.uraingnr,II1G, 11.-BUR-jSd Page 809 of 1743 RAINGER SAFETY ERllf IENETT RK Mana6hii Pn7m"f Pluuranni +Qg:ar�Ingklaoeg9mBuRTrairjfkJ J 6e�r h.t aPr Fco-j fc4'Gemplansh]sf(rcaziufi l SrA'4,HN;LF, aK Javkeef Jtl i{cduct.7 aiali�' .' ElncrnM Mariapomujt Program . Daespmer�[�ra[lilallaa74tmi1�7 r009�JBbFluJiaillG�?du�,naikSfl.effiwdon. ?la¢i oL'ek1' f ..n., d58R+iBinl.Tifiinln Creme&HOW.i-apnm111' �iFji RIg9i4�'Sly:p�ti�nysn�;•`...f?'.:''%;�:� }k`` I' IlliumAl.I kaa ar6 Evaan Finn .ue,.it .'.. n1A9�?dRsl��ra;�1!eoliora Ent♦mTrek14 : . FJedllheepNl=ipi�iN :fp+i�u liui Gp!;IiiL 'L A4 HcalthmroL naher'ad.-LNli mnl. r' �k;anunuuy�m+i] arRliat Fla GFR 40Ndiniailranwpaiiadanirelnldg fieellpi re tu�1 uAll fnf En ,',' Fuod FYa!lMgi Trdininp IFJ)AA:SMA, IkaMl,Sf gJ S AI!Il17nn rilllig';'..::f:'.'f., FM 22Uu2.USLGM1,A;80ty Ilea'iarcSccudty,4mntlFccuegd-hJg Ormeuparetor5afetyTla'rii'n 'kl+[h; r vdfi,'a:fSniVnjTrl¢ini Hb�fliPll�D,i9i�A9�,6Pler�lOG}11S.r�lR�u;,�,',..:i°• ., _ ...-. ,.. .. ,. �f;s.:-` '�'�:-' - .,. .. `44T.} xadc_lien;la7erfela:l�Irft�'.}.'.'..:..:'.':�;'.'' Iiamphel uaecngmiwtion Pfarllr-al Nsml.'& n ix�rATuel �Efss Trai:i rg i lrp3�ln' f ., ..f, Ba.iiariaW HgaKh.41el)Rk•4 eMilluut r ;'itr ,r r�,a ralti'r alHli .. .�,. WAphellnaldanr[amna�xli)4lrm #lana-YhlalcdelHarnllegfWAHJunininq ;4llp gfety: lutlonjB. IH;D}�S MI1 IMTreiiiria r f1utE A�acsanada' -HOS,;i1Gsl}rff.Yl�e1�eU� 90iulrtls'I4iif._. _ .' Ri�UPA,.;...�•: . 'f.,:.,-::f ',rasrye�pr�H'�Ys!�_:,:=.;�.• � _ ._ .. t IA.*AlCuu��t�:ro5'SuPP4r 6 h Eu [ail. f,EDhpu 14anSofrDm hleragamentSyalenphaaraamaHls, .. . y... Ykrr$1 &C�rlili ali)hP cuaraiial fx . ,rraPih i 4y,'Cyv, r�i dioi i'se�aim ilrs poelion a', ;t5GF1ph111�CD1�22C1111di4[11, wGiannl] , 1191,0110k[Iasi Euv::a E ul ment Setl liosr.�ir'nmal m I i Y 9 A � 9H �C81' P, P P UM r�,cckhu.Hlst,lSYl� P.r r�fAE EtluiynicutByAk Pro6 iia pcmla�iHm ua UGn7c, r Ffq Geck�uft�TJC QFc+Jotr ml�alorp Endronmemei Hniarr rsk n :osmet 9� -iily�I ri4 bY1 �1+AEDTrdping - OSH4UIdedan(�r..r,seling. . IlglIVATrd iiillq MMfig,L51&Gae} 5i�r(cy&bnafiaa u�Butdln9��a�ar:sy�ams`+,' ralarpl IlilgSwsmBHls ErcJarami�sA casmaxeI EuslxacCordInuadonPlan' WHY 11unnfaurilumunti iaiem.Fic+�s�o in '{ f4slul�j r� ��pa.Id�cu�r,ornrtlgbJ]':" ''" E RI&i anilm kin I . .. . . .�{�� vra�i4G'F.49Jrrailfn,. .. t�cnkwhnrae , MN r P+ncirta$afe r�liiaJG,f9Af .. . Spaeklag Fli089BniBlil* '. Lorkni.rv6p9iilhKsi'saneHl3 rill Frolc:�nn M mcrdEM aWn6Pn ld,e 1 r�rj Snf fTo�er iorr�eJae�m�nea� bleu.; QTI i LFiS'lEl Ia�{;FrIIOHT�rl:CS '' �IJ .'� %r.'•. .s.. .. I Er�ipirrxrtS chlcl'mcedureuevaapmern: +1'�. 'ri�T� �l lollpusAWs lsucc Cnkm�L+La aril :4hrrllten ` IYriQrarri:l}.'gip Equynram SkMIni'ra�nhllm Le4avor're,tl frail Lt1tiI3C Safe Gan Calle,Saftwore P G2MaabudClass4Loki 5afc4rTias-ing i .e4 . .L�S44iPfuaiRC9ff+�re; 4. prJliJf1.'ai .d 6plliig"G Hilar.. "raniii _ Fal Pratulien Training Exsvaa w Irarddng Ire.IrR EcckeuGlegnfitlrnlnlrg' RI�IIugTraejrg'. - - ,ked�Ce!,Baif�jelnigfnieneeJ' rrral.[,pdirr,yfi��j' - . .,, .. . whiral riss MaWehaall&Salely TiAlliwl Mullins Gua diuu A-rA4s C6H4 Hmard Cummunlcallea{FKWM?rmS]Trfripg Pemedt,F:nglr�,erry 2F n6;ly�,lusllgli�', Tlxiu�+: Pt�nUigSW`n¢dfdr5ing9.: nrnATralri rdOoili&iia gjuus Reale dhpnwJ} MuriilicOsrdinaTrahing Radio L`P[GIpffAlaiITiS$�TrajArig.'•: ', Wely Cullum riaiuing Confact Your Grainger Rep fbr Details,A vadaWfify and Eligibility QY20'YW.W.GfE110e,Inr- IN-01.IPXJat age o 43 f h.ibi€: 7 GRAINGER CONSULTING INVENTORY BASES#NE SERVICE OVERVIEW-The purpo8e of the Inventory Baselllle Is to streamline the process of replerlishiii g and Issuing MRO invefltory to Improve rnaiiitem� nce pro duct€vity and p€ani perform,? nce, The objective is to cost effectively Irranage Darts and suppli3s,ninximize"wrench time" and malntain appropriate invi�lltory controls- While carrylllg MRD inventory is a requlromr nm for most oorj7palije% thleri�are significant opportunitles to elirniinate was3W, Irnprove pfodui:tivity incl aoll lave a lower Total Cost of 0 vnership (TCO). METHODOLDOY-We use a LEAN,S€x Sigme approach for Ihe projeot to gain n robust u nd arsta n ding of your company's current MRO operations and proceeses. Our oxperlence end your data dr€ve auf recor�7l�� pdatlorrs. I DEFINE MEASURE ANALYZE IMPROVE CONTROL ImI I f� I Tlrel'rul7reu, ActivityBzl eod MaifjRla CurrentStaicO CainCansenmp. f,7elrle� j TheL'ow Tmntn.,ImAnalysie r'iecommcndoiions r�iiritlze !uiir � l�ilox&Cxp nd TItePluyem Slookinl l MOLIA Business lrnpkici PrafeCJCI,AII! Pp Flmi RPfns I I State,rnent of Work Discovery Report 0A Implement Validation i I KEY METIRIDS-We idontify the koy perfonnane e Indicators for cast savix7gs, productivlty and quallty.We capture the current state Hata a�ld model it agail,5t all OplilllllIT1 future state to identify lmpraverrei�t oRportttnitles, I I 1 2°o ° 0 TI' nsEiCtion Cost Issuance Premium Replenish Premium People � I'll a interne l labor coot. The internal cast to issu a The i me mal Dost!o rmlenisl: Th a a mage number of issusnce through payment- 1h product dlvided by the product dlvl!ded hyUie peopla INA touch an h1 RD faroTia!ramigction(Po) 1ho pumh 9 se price purchaseprice rnventoly4ansacdron f t DELIVERABLES-The Inventory Baseline delivers the results ifforn our analysis wlille Identifying'bite-size"oontlnuous improvement (CI) projects to attain and sustain the recommended changes. Transaction Cost Process Mapo Activity Analysis Project Plan A vemp I me real rahor cost Ad Iwl�v dlagra ai of the urldersta nd vrho{I)y rare) A plde to implLzineortl ng per replenishnient and 'issuance to payment' and whal(hy#ask)said the solutions vAth a focva is cue ncetransaetlarl cycle forhowiong on change rrtandgemerit 152u194Y.W.Gmlupri,Inc. McIolna:r.virggrc.yrc-0mdusbymd.' NoluarIkulliyu,da+l fir Page 811 of 1743 Exhibit 8 � City ofTT>Icsotr< License C'erfifieu �- BushLessNa,neirud TUVOR IVIRi113)g cidressl Lieenae ly.Lunber: 10.11332 WW GRAINGER INC 1�Pe: 4tbcr MJsoellaucolL3 Dut�Lble�Uuds Il lcraha I'M (4RA1NfiEL t'1{ANY LAKE P{}1tI:ST 1L 6M45 Isguo DftW I%-1n relL 28,2,019 i i I Exp[ration Dam- Dmumbor 31,101 Owner: WW Q[{A CNIiER IX Tlli9[iL!mp I pcmik is mou t rs nsft-rable UME MILM ha pngte,1 in a eouslrirnioLi a place at tW buinum WCC 01). Y'HL ISSUANCE OF T11 IS LICENSE 1 YERIbf1T SHALL NOT DF CONST l RED AS PrIMTS„TON'1'0 0YEkk'r D V10I.ATI1.0N OF ANY LAW OR REGLLLATIO.N. 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LlydiC $4 Safety Gompllanoe Software( rady) -- - — 15afety.ProgramQevelopmerit&SOIPportSelVj cLOTO-Pro dura WillingSnftvdare(MasterLdck)' Safety Program development&Support Seryi&es Process Safety Mgnagernent 5afefy13pEgramDeveJo rrient.?SsSUppvrtServi�es. .5peahi.rigEngagemen2g. Safety Pftrarri []evelaprnent1fSupportSe itEs IVPPruianggetreM7 alutionsAssistance a Safety Progiam Daverbpmeht&'Support Services. Written Safety Program Deyelaprnent r aafety.Training Develdio &-SupportSerVlces� Aerial LiftTraining 5,detyTrainingDevelapmt!nt&Supp0rtSarwinps' Asbestos Awdrer!essTraining Spfety Tra Ining Deuela pme4t 8E Su pport Services- — Are Flash(NFPA 70E�Tra Irl log 5afety-TmInEng Development&'Support Se'vices Bloodborne Pathogens Trairririg --- - ----_---- 82fety Training f)uvervprnent&Support Services CFR 49 Haxrnat Transportation Training I 2 Page 814 of 1743 GRAZNGER, i+ SerVice Category Sery ice Tral n i ng sAssessw ►- scri pt ion 5pfctj TrainIr►g-Driv lopmerlt&�SilltRdrt 5e;icE; Class 3b end Class 4 La§er Safe#yr Trainiit$ SafetyTr21n1ngDea�lppment&'Support5eTMces �ARadiatlor,S tyOfflrr;R$O}#raining Safety Training DaVd[DpirnOt.&$uppvi �erVlces r 'Compressed Gas C+Ilnder.$afetyTCairiiitg SafetYTrafnirigDeveloPMYrt8 Wpport5ervices 6anfln�dSpa�efntry�ResoueTraining Safety TralningeveloPY rne'rrt&Support Services Crane Operator Safetsj Tr-ainin ---- --,..- ..;,:..,:.,....:.-- -SafetyTrelri.ingDewiel rrferit&Support:Services Crane,Slf gP*RiggirigTraining s Safety.7ralning Deualppment&Suppoit-SEfrvtces ~V f]rlver JFleef Safety.7faining------- M+--^-- __ . . �Safety Tralnlrng-Deueiq#mrnt.&$iapporf Ser9ice5 Ele€trlcal-%fety.Yea ining' Safety Tralning aeveli)prnent&-Support 5etvices Ergonomres Awareness Training.. --- Safety TralnftDevrrlopm0rr#&SupporkServi�es i EK@vat1onjT?enohing7(alnin8 Saf4v'FralningOee Plopri12i1t&5uppark5ervices FaIIProteck&i7Painfng — — - 5�fety.Tralning f]evelppment&Support-Services Fl re Barrier Mand 1pmentTtainin i I Safety Tralni &$upport5ervice5 Fire Fxting,jisherrtraIning — ---- Safety-Trairiing Deveiopmerit&Support Services First AIdfGPRfAED Tralning----- Safety Training l?Mlopment&.support 5ei+Anes ry Fopd Prpgram Trairking(FDAI4 F5MA�F55CZZ000;GKSI,OM SQF� 5afety.Tralrilne Developrne.n#&SuppDrt Services Forklift Lift Training I Si#etyTnIriingDevelopMerit&SQpport.S&vi€es i HACCPfPreverktiV6Controls Frainielg?T -- -- 'Safe t1`elnlN b'eve lopment&SupportServlees HA WOPEff401z Safety Training Development&Support Services Hearing I roteaian Training -- ----.. ----------------- � -Safely Training Development&Support Services Hot Vfork-Training (Weld i6&.011&GasJ SafetyTrainingevelowm t&support Services LockoutlT Bg UtTrainirig - -- — i----------- Way Traihing'Develbprnant Support Servltes- . 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TEchnlcianSic IN f3 Safety74riing F_lettricaI-Flber001cTralNng I Technlclan Skill&Safety Trai ni ng -T�mw.v-Y Electrical-JnaustrloJ Electricltyl3asics Tralning EIe€trlcal-rndustrior Electronics&Circuits 7�a TI�F3�S 1111 Safety r .� Techniolsh Skill&safety Tralning Ejeetrleal-Infrared Thermography TachnrcianSkiJl &5afet Treinfn -- - I y g r t Electrical-Instrurnentatian &Process Control Technician skill&Safety Tralning�4 ---- �EJectrluaI-Microprocessor Based Protective E7evlc.e _ _ _ _ _ dlstrlbutinriflntria dusl Te€hnlclan$kr11&Safety Tralning f Electrical- M]croprocessur Based Pratective oeAce Generation Technlclan Skill&5afetyTralning EIe€trlcar-PLC: 5lerhens5tep 7 Technician5kill &safttyTralning EIe€trlcal KC; BradleyControlLoglx Technician Skill&Safety Tralning -— -- Electrical-hLC;Automatlon System Technlefan Sk111&---S afety Tralnln13 _ y Electrical-PLC; Programma131e Logic Controllers _f r Tech nlclan Skill&Safety Tralnirig Electrical-Power Factor Testing 5 Page 817 of 1743 GRAINGER t w Tac hnIdan Skill&Safety TrffInIng � EIe€tri€a1-Power Quallty Harmanlcs Tech nlclan Skill&SaFet 'frnining - - -- --- - Electri€al-Protectivc Relay fvlalntenante E3as1c Radvanced --- T TM rnerhanir:al Terholrlen Sk113 R Safety Trainfng Electrical-Protectlwe Relay Mainternance Generator Terhnirim SkIll&Safety Training Elcctrlcal-Protectlwe Relay Maln#orianco 5olld State 1 lechni€+anSkial &Safet Tralnln Clectrlral 5uE7sLatlon Malritenar7te 1&2 7echnl�:fan5kill&Safet} Training xx�w-w T- Electrical-TranSforrnerNlalntenanr:e&Testing Techniclan kill&Safety Training Electrical-Trouhleshgoting Elettrltal Control Circuits foThrlclori$k-1-1 &Safety1raining Electrlcai Tun]ng DDQPnocessCuntrDl Loops Tech niclan 5klll&Safety Tra in ing 1 Electrleal-Variable Frequency Drives Technician Sk111&Safety Training HVAC-Advanced Air Condltloning&Refrigeration TethnicianSldll &Safety Trainfng HVAC-AlrCondltlon1n &Ref rl geratlon— 1_eChnir:ianSl=i!I &SafetyTraining — Tmmmm HVAC-Balancingof o#et and-AlrSystenls�--T Tmm x : 7echniclan 5ki11 a 5efety Tralriing HVAC 13v11ers:A Technical and 0perationaI Workshop Technician Skil 1&Safety TraIning HVAC-BrazIng for HVAC Basi cfAdvanced rTechnlclank€II&SafetyTraining'� HVAC-Heating and Ventllatlon LLYerhniclan Skill&Safety Training w M Me€lianlral Ball crew Applications and Te€hniques „y w Technician Skill&Safety Training Mechanical-Bearings and Lubrication Principles Technician Skill &SafetyTrafnfngl,u..� - -JMechanicaI-CentrifupiPumps - I TechilcianSkill &SafetyTralning � Mechanical-CNC;ComputerNurnericControls-Troubleshooting } Technicfan SkilI&-Safety Tralning 1 Mechanlcal-Hydraulics Tralning&System Troubleshooting j Teollnlclan Skil 1&Safety TraIning J Mechanical-Machine Tool Alignment; 3-A&Alignment �Tec hnlcian Skill&Safety Tralning J w w lwlecharrlcaI-Machine Tool Alignment;V5-Axis bJIgTirnent j Te€hnlcian Sk11J�.SafetyTralning� ��— - -- Mechanical Machine Too lAlignment; Concepty�.------ Tech nIcIan Sk111&Safety Training Mechanical-Ma chine Tool Alignrnent: Posltioning and Accura�:y 7cchnl€lanSIt111 &SafetyTfalrilf7g Nle€hani€al- Mechanical DrlvesfPowarTransmission 1 Te chnEcla n SkIll&Safe#yTralning — -- -- Mechanical-Neu matic-Electro-Pneumatic%Trelning ---- ' Teuhnlclan Sk111&�afet��T'ralnl1) --� Y Mechanical-Shaft A11gnrnentwf Law Allgnment -- -- -- I T(echnlclan Skil 1&Safety Training Mechanical-Wel dIng Certl lcatlon, Prlrlciples and Procedures Tethnlcian Skill&Safety Training Mechanical.Vibration Ana lysls FaCili#y {Roofing 5erti ices µ _ Air Barrier AudI#S R.- -- Fability-Roofingbervice Infrared Scan Fatifity-Roof Ing Spralc�!s OLI Services Fa€illtyHRonflrtig5erul�ces �..V..x..x_-.�. �--- -- Patch t3#epair -------- 1 FarEllty_Roofing Sen+lces .�..�__.—,._r,T,� Roof Cleaning„ a F�clll#y-Roofing Scrvlcas .----- Roof Restoration.".. �-�—�----------- T—'� Fdcillty-ROofingServices TRooftop Safetylnstallatlon Facility-Roofing 5ervT€es Tremcare Warranty FadIriy-Roafing Servlces CeiIing Tile]nstalia—ti on/Replacement Facility% Labotatorw FurnitureS rtirlccs Lah furnitureAssemblyand instal€atlon I 6 Page 818 of 1743 GRAINGER • r faclllty-TV Installation Services TV Furniture Assern�ly and InstaIIaLIon Fall PrateC#ion Ser+ices Fall Protection As5essmentgAudltS 1 Jall Protectlibo SEYaicea x•Mm_._�w- 11 Prate ction Jnspe€tions-Flarnesses,etc.----- �- - Tel hn3clan:Sklll&Safety Training Compliance Mch�ii7ial:Qcciip2tlonal Cxpsure Hazardous Fall I'roteetion Services Fall Protectlon-Irl stall W FlexiguaA T�µy Falf I'rotection5ervi€es Englncored Fall Proteciron(We 3M Product) Fall Protection Services Englneered Fa II Prot�c#Ion(rise FaIITech Product) FarlProtiect Ion Services------ Y� --- -- Engineered Fall Prote c#Ion iHse Naneywell ��-- Fall Protect Services EnEinnered Fall Protectlork(Use MSA Product) rail 1'roteetian Services En$inecred Fall Protectlpn (Use Alny Product Supplier] 1 I i I i I 1 a k� k 7 Page 819 of 1743 GINS Exhibit 10 Sourced Products& Related Services The following additional te"s a n 0 condi#ions apply to Graingwls sourcing offerilng; TERMS AND CONDITIONS FOR SOVRGED PRODUCTS AND PRODUCT RELATE p SERVICES' Grainoer will source products and product related services not avallable through rhe Grainger General Catalog (`Sourced products`), Granger daee not source the following producte or product related servlcos= weapons, 87nlnullitlon. explosives, aircraft products, products containing asbestos, nuclear-related products, products with restricted dlstrlbLition, product jud gad to be too great a Iiebillty risk by W.W. Grainger, No.. or product related servicos which Grainger by lair or regulation is prohibited from sourcing. The pri ring model for Sourred Products Is based an current market Gond Ittona and Is oarnpetitive for spot buy sltuatlona on a per order basis. G AINGER'S STANDARD WARRANTY DOES NOT APPLY TO SOURCED PRODUCTS AND RELATED SERVICES, GRAINGER, 'TO THE FULLEST EXTENT PERMITTED, PASSES THROUGH TO MEMBER ANY AND ALL MANUFACTURER AND SUPPLIER PRODUCT YVARRANTI ES. GRAINGER'S STANDARD WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY APPLY TO SOURCED PRODUCTS AND RELATED SIE RVICES. WARRANTY DISCLAIMER. GRAINOER SHALL HAVE NO LIADILI'TY FOR, AND FXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, F=XPRE9S OR IMPLIED, OTHER TIgAN Ax5 SET FORTH IN THIS AGREEMENT, INCLUDING, WITHOUT LIMlITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNFSS FOR A PARTICULAR PURPOSE; (II) ANY WARRANTY OR AFFIRMATION OF FACT RELATED 7o MISUSE, IMPROPER SELECTION, RECOMMENDATION, OR MISAPPLICATION OF ANY PRODUCT; AND (III) ANY WARRANTY OR AFFIRMATION of FACT THAT THE CATALOGS, LITERATURE AND WEBSITES IT PROVIDES ACCURATELY ILLUSTRATE AND DESCRIBE PRODUCTS. LIMITATION OP LIABILITY, ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES is FXPRESSLY DISCLAIMED, GRAINGFR'S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT ON RELATED SERVICE THAT GIVES RISIE To ANY LIABILITY, GRAI NGERS PAYME NIT OF SUCH AMOUNT SHALL BE THE FINAL AND EXCLUSIVE REMEI]Y IN THE EXHAUSTION ; 0 UNAVAILABILITY OF ANY OTHER REMEDY SPECIRED 11F=REIN AND SHALL NOT BE CONSTRUED OR ALLEGED DY CUSTOMER TO HAVE FAILED OF IT'S ESSENTIAL PURPOSE, in the event that Grainger agrees to slock an agreed upon quantity of Sourced Products for Member, upon expiration, canoellatlori or terMination of this Agraemsnt, l0ember agrees to purchase all rernaining stocked Sourced Product. Grainger will Invoice Member for such Sourced Product wlthln thlrty (30} days of expiration, cancellatlon or terminatlon of this r Agreement- Page820 of 1143 i 4, RFP#192163 Page 821 of 1743 CITY OF TUCSON REQUEST T FO PROPOSAL REQUEST FOR. PROPOSAL NUMBER; 192163 PROPOSAL DUE DATE: APR[L 11,29191 AT 4:00 P.M. LOCAL AZ TIME PROPOSAL SUBMITTAL, LOCATION: Depart msnt of Procurement 265 W.Alameda,8t" Floor, Tucson, AZ 85701 MATERIAL OR SERVICE: MAINTENANCE, REPAIR AND OPERATIONS (MR0) SUPPLIES, PARTS, EQUIPMENT, MATERIALS AND RELATER SERVICE PRE-PROPOSAL CONFERENCE DATE: MARCH 27, 2419 TIME: 2:00 P.M. LOCAL AZ TIME 7 LOCATION: CITY HALL, 255 W. ALAMEDA, 1"t FLOOR CONFERENCE ROOM, TUCSON, AZ 85701 PRINCIPAL CONTRACT OFFICER: JIENN MYERS, CPPB TELEPHONE NUMBER: (520) 837-4137 I Jr=NN.MYERS@tuesonaz.gov A copy of thls solicitation and possible future amendments may be obtained from our Internet site at; fittp:/.NAm-tucscinpror,urement.com/ by selecting the Bid Opportunities link and the associated solicitation number. The City does net mail out Notices of available solicitations via the U.S. PostalLarvice. Email �. Alfications are sent to those interested offerors who are registered with Lrs and who have selected el-nail as Lnelr preferred delivery method. To register, please visit wwwjucs n rocurprnent.com, click on Vendors, then olfck on Vendor Registration. To update an existing record, click on Venders, cllok on What's New?, acrd read the section titled "Notice of olfcitatfans." You may also call (.5 0) 791-4217 if you have questions. Competitive sealed proposals for the specified material or service shall be receNed by the Department of Procurement, 255 W. Alameda, 6th f=loor, Tucson, Arizona 85701, until the date and time cited. Proposals must be in the actual possession of the Department of Pracurernent at the location indicated, on or prior to tho exact date and l:irne indicated above. Late proposals shall not be considered. The prevailing clock shall be the City Department of Procurement clock. Proposals must be submitted in a sealad anvelope. The Request for Proposal number and the offeror's narne and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink ortypewNt.ten, Questions must be addressed to the Contract Officer listed above, All visitors to City Hall are now required to show picture identification when going through the security checkpalnt in the main lobby. Visitors should plan accordingly, UBLI H DATE' MARCH 8, 2919 Roviseil f."2018 Page 822 of 1743 CITY OF TUCSON IDEPARTMENT 01= pROCUREM ENT RI`Qrl1=ST FOR PROPOSAL NO. 102163 2555.ALAM EDA, 6TH FLOOR, TUCSON,AZ 85701 PAGE 2 OF 25 PRINCIPAL CONTRACT OFF ICER=JENN MYERS, CPPB PH: (524)837.41371 FAX:(620)795-47 r" INTRODUCTION The City of Tucson is requesting proposals from qualified and experienced firms to provide MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, EQUIPMENT, MATERIALS AND RELATED SERVICES. The City of Tucson requires a contractor wha provides a diverse and extensive supply of MRO products for delivery to various locations in the Tucson metropolitan area and for pickup at local storefronts. Requirements and qualifications are defined in detail in the Scope of Services Section of this Request for Proposal (RFP). The City seeks a firm that can supply the sped#led services, supplies, parts, equipment and materials and related services. National Contract The City of Tucson, as the Principal Procurement Agency, defined in Attachment A, has partnered with 0 M N I A Partnere to make the resultant contract (also known as the "Master Agreement" in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit ("Public Agencies"), through OMNIA Partners' cooperative purchasing program. The City of Tucson is acting as the contracting agency for any other Public Agency that elects to utilize thG resulting Master Agreement. Use of the MaSter Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a "Participating Public Agency"). Attachment A contains additional information about OMNIA Partners and the cooperative purchasing agreement. OMNIA Partners is the largest and most experienced purchasing organization for public and private sect, (procurement. Through the economies of scale created by OMNIA Partners public sector subsldiaries, Natio IPA and U.S. Communities, our participants now have access to more competitively solicited and publicly awarded cooperative agreements. The lead agency contracting process continues to be the foundation on which we are founded. OMNIA Partners is proud to offer more value and -resources to state and local government, higher education, K-12 education and non-profits. OMNIA Partners provides shared services and supply chain optimization to government, education and the private sector. As a channel partner with Viziont (formally, Novation), OMNIA Partners leverages over $100 billion In annual supply spend to command the best prices for products and services. With corporate, pricing and sales commitments from the Contractor, OMNIA Partners provides marketing and administrative support for the Contractor that directly promotes the Contractor's products and services to Participating Public Agencies though multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. Public Agencies benefit from pricing based on aggregate spend and the convenience of a contract that has already been advertised and publicly competed. The Contractor benefits from a contract that allows Participating Public Agencies to directly purchase goons and services without the Contractors need to respond io auditional competitive solicitations. As SL€ch, the Contractor must be abte to accommodate a nationwide demand for services and to fulfill obligations as a nationwide Contractor and respond to the 0 M N I A Partnars documents(Attachment A). The City of Tucson anticipates spending approximately 4 million over the full potential Master Agreement term for MRO Supplies and Related Services, While no minimum volume is guaranteed to the Contractor, the estimated annual volume of MRO Supplies and Related Services purchased under the Master Agreement through OMNIA Partners Public Sector is approximately $100 million, This projection is based on the current annual volumes among the City of Tucson, other Participating Public Agencies anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth Irt other Public Agencies through a coordinated marketing approach between the Contractor and OMIT Partners, Page 823 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 192163 ,255 Ve.ALAM EDA,6TH FLOOR, TUCSON,AZ 86701 PAGE 3 OF 25 PR I NO IPAL CONTRACT OFFICER,JENN MYERS. OPPI5 PH: (52 0)8;7-41371 FAX:1520)791-4735 SCONE OF SERVICES A. GENERAL REQUIREMENT 1. QUALIFIED FIRMS: Offerors should meet the rninimum qualifications: a. Have a strong national presence in the M RO supply industry- Have a distribution model capable of delivering products nationwide. C. Have a demonstrated sales presence. d. Be able to meet the minimum requirements of the cooperative purchasing t program dotailod herein. e. Be able to provide the full range of products, equipment, parts, materials and services to meet the demands of the City and all agenaxies that opt to participate in the cooperative puruh,asing program with the City, i 2. USAGE REPORT. The Contractor shall provide an electronic copy of a usage report upon request to the Agency Department of Procurement. The report shall provide complete information on the items purchased under this Contract.The Contractor should be able to provide a usage report by department. At a minimum for each itern sold, the report should list the manufacturer name, model number, part number, item description, quantity sold, and total spend by department, division, ordering entity, eta, 3. EQUIPMENTIRE ALL NOTICES: In the event of any reoall notice, technical service bulletin, or other irnportant notification affecting equfpmant purchased from this contract, a notice zh,aII be sent to the Contract Representative. it shall be the responsibility of the contractors to assure that all rlecall notices are sent direo#Iy to the agencies Contract Representative. 4. WAREHOUSING, DISTRIBUTION AND SALES FACILITIES: Tho product spacifiod in this solicitation � is dependent upon on extensive manufacturer-to-customer supply chain distribution system. To be considered for award, each potential contractor is required to provide proof of an extensive distribution � system. 5. DELIVERY: For City of Tucson purchQsas, MRO supplies shall be delivered to various City of Tucson stores locations and non-stores locations. All deliveries shall be made Monday through Friday from 8:00 a.m. to 3:00 p.m., Arizona Standard Time. 6. CATALOGS: Within 10 days after caniract award, Contractor must ;submit complete prica lists and catalogs of their product fine in hard copy cr on CD. Upon request from a using agency, Contractor shall provide, at no cast. these catalogs and price lists. An accessible public website that contains a downloadable catalog and price list or an interactive web catalog and price list maybe provided in lieu of the above hard copy requirement. 7. WARRANTY. Offeror shall' warrant that all equipment and parks furnished in their offer are newly manufactured and free from defects in material and workmanship fur no less than one (1) year from the date the equipment is delivered or installed. Warranty shall also guarantee accepted trade standards of quality, fitness for the intended uses, and conforwnce to promises or specified specifications. No other express or implied warranty shall eliminate the vendor's liability as stated herein. Page 824 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST KOR PROPOSAI-RSO, 192163 255 W.ALAMEDA, 6TH FLOOR,TUCSON,AZ 85741 PAGE 4 OF 25 PRINCIPAL CONTRACT OF FICE€2,JENN MYERS, CPPB PH; (524)837-41371 FAX (620)791-47 r 5. PRODUCT REQUIREMENTS: 1. PRODUCTS: A complete and cornprehensive line of quality made I IRD supplies to support the dally maintenance. repair and olperations functions of the agancy. Tlie categories include but acre not limited to the following. a, Motors and Power Transmission- General, Definite Purpose and HVAC motors, gear motors, beaHngs, V-belts and accessories, b. Electrical SuppIles — Disldbutiori, controls, wire, cable, voioe & data and supplies. c. Lighti ng—I-amps, ballasts, fixtures, task lighting, flashlights and batteries. d. Tools — Hand, power, outdoor and automotive tools and tool storage. e. Measuring Tools & Test I11struments —Calipers, gauges, inspection, micrometers and Multimeters. f. Pneumatic— Pneumatic tools and system components, air compressors and hydraulics, g. Machining and Cutting Tools — Drill Lits, taps, dies, blades, counterboresry countersinks end abrasives. h. Material Handling, Storage and Packaging — Ladders, hoists, shelving, storage, furn[ture. packaging,easter , cart, trucks and drums, i. Welding —Welding equipment and supplies. � j. Fasteners and Adhesives — Nuts, bolts, washers, screws. hooks: flat stock, raw materials (metal, rubber, plastic), glue and cement. k. Lubricants, Sealants and Paint- Grease, oil, penetrates sealants, caulk and paint, I. Safety and Security Supplies — Spill containment, storage, fire protection, person protective equipment, instrumentation, signs, labels, tags and security. m. Cleaning Equipment and Supplies — Chemicals, equipment. restroom, paper, waste containers, cleaning. n. HIVAG 8 uppties —Controls, heaters, a[r conditioning, air treatment, fens, ventilators and blowers. o. Pumps and Plumbing --Submersible, centrifugal, water system and positive displacement pumps, pipe, valves, fittings, heaters, coolers, filtration and faucets, p. Emergency Preparedness — Sandbags, fiat-aid supplies, disaster recovery products etc. q. Other Categories . CURRENT PRODUCTS. All products being offered in response to this solicitation shall be in current and ongoing production; shall be form ally announced for general marketing purposes; shall be a model cr type currently functioning in a user (paying customer) environment and capable of meeting exceeding all specifications and requirements sat forth in this solicitation. Page 825 of 1743 GITY OF TUCSON MPARTMENT OF PROCURE ENT REQUEST FOR PROPOSAL N0.192163 255 W. ALAMEDA, GTH FLOOR,TUCSON,AZ 85701 PAGE 5 OF 25 PRINCIPAL CONTRACTOFFI 0 ER JENN MYERS. CPPB RH (62 0)837-41371 FAX:(520)791-4735 DEFECTIVE PRODUCT: All defectfve products shall be replaced and exchanged by the Contractor. The cost of transportation, unpncking, inspection, repacking, reshipping or other like expenses shall be paid by the Contractor. Alf replacement products must be received by the City within seven (7) days of initial notification. 4. PRICING, Prices/discounts shall remain firm and will Include all charges that may be incurred in fulfilling raquirement(s) for the twelve-month period following contract award_ Where applicable, pricing shall be determined by applying Offerors discounts to the pdoes listed on their manufacturer's price lists, retail price sleets, catalogs or by utilizing the reduced net pricing schedule. 5. SALES PROMOTIONS: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct safes promotions involving pric(4 reductions for a specified lesser period. C. SERVICE REQUIREMENTS: The City is interested In evaluating the following categories of value-add services for fnclusfon in this contract. The categories include, but are not limited to, the following, 1. Sourcing: j 1. from non-catalog supplfers, 2. of Ilne card extensions of catalog suppllers, 3. for custom products, and 4. for OEM repair parks and accessories, Software Punch Out: The capability of your electronic ordering system to interface with an agencies inventory software system, 3. Installation, Repair, Maintenance and Turn-Key Solutions and Services: The ability to provide instnllatlon, repair, maintenance and turn-key solutions and services through Contractors business units, authorized manufacturer's facilities or other avenues_ 4. Inventory Solutions, Provide inventory management solutions for stock rooms, warehouses, mobile service vehicles, emergency preparedness supplies, and supply vendfng machines. Consulting and analysis solutions are also desirable, 5. Small Business Program: The ability to incorporate small business enterprises into your distribution, sales and product offarings. 6. Creenf5ustainability Program- a. Policies: Efforts and polleies pertaining to green and sustainabflity. b. Products: Impact on product offerings, C. Distribution. Impact in distribution. d. Recycling of Lamps: The ability to recycle lighting and electronic products. e. Lighti ng and Enargy Audits: The ability to perform lighting and energy audits. f. Certifications: The industry recognized certificatians and standards obtained. 7. Training & Education: The ability to provide on-site and/or online training and educational programs/seminars. I` Customer Support Services: The p6lieles or) replacements, returns. restocking charges, after hours service, after sales support, out of stock, order tracing, technical feedback, qualfty assurance for orders and drop shipments. 9. Other Services: Other value-acid services not included in above categories, Page 826 of 1743 CITY OF TUOSON PEPARThAENT DF PROCUREMENT RIEQU EST FOR PROPOSAL NO. 192153 255 W.ALAM EDA, 6TH FLOOR,TUCSON,AZ 85741 PAGE 6 OF 25 PRINCIPAL CONTRACT OFF ICER:JFNN MYERS,GPP5 PH:(620)837-41371 FAX=(524)791-4 J INSTRUCTIONS TO OFFERORS 1. DEFINITION OF KEY WORDS USED IN THE 80LIICITATI0N: For purposes of this solialtat€on and subsequent contract, the following definitions shsII apply; City; The Clty of Tucson, Arizona Contract: Tho legal agreement executed between the City and the Contra oto rlConsuIts nt_ The Contract shsll Include this RFP document Incorporated hereln by reference, all terms, conditions, specifications, scope of work, Amendments, the Contractor's offer and negotiated items as accepted by the City, Contractor/Oonsultant: The individual, partnership, or corporatlon who, as a result of the cornpetitiva soil cltatlon process, is alvarded a contract by the City. Contract F±represeritotive: The City employee or employaos who have specifically been designated to act as a contact parson or parsons to the Contractor, and is responsible for rnonitoring and overseeing the Contractor's performance UndeT this Con[ract. Director of Procurement: The contracting authorlty for the City, �iuthorized to sign contracts and amendments [hereto on behalf of the CIty. May: Indlc.ates something that is not mandatary but permissible. Offeror: The indWIdual, partnership, Qr Corporation who submits a proposal in response to a solicitation, Shall, Wlll, Must; Indlcatez a mandatory requlromont. Failure to meet these mandatory roquiroments, if they conOtute a substantive requirement, may, at the City's sale dlsc�redon, result in the.rejection of a praposaI as non-responsive. Should: Indicates something that is recommended but not mandatory. If the Ofreror fails to provide recommended €nformMlon, the City may. at its sole option, ask the Offeror to provido the information or evaluate the proposal without the information, 2. PRE-PROPOSAL CONFERENCE: If scheduled, the date and time of a Pre-Proposal conference Is indicated on the cover page of this document. Attendanco at this conference is not mandatory, Written minutes and/or notes will not be available, therefore attendance is oncvuraged. If an Offeror €s unable to attend the Pre'Proposal Conference questions may be submitted in writing_ Offerors are oncaumged to submit written questlons, vla electronic anal/ at least nine days prior to the Raqumt for Proposal due date to the Oontract Officer listed above. Tha purpose of this conferen co will be to clarify contents of this K@quest for Proposal in girder to prevent any misunderstsncJIng of the City's position, Any doubt as to requirements of thls Request for Prapo!Bal or any apparent omisslon or discrepancy should be presented to the City at tide conference. The City will then) determine the appropriate actlon necessary, If any, and may issue a writlen amendment to the Request for Proposal_ Oral statements a instructlons w ll not oanstltute an amendment to this Request for Proposal. 3. INQUIRIES;Any question related to the Bequest for Proposal shall be dlfected to the Contract Officer whosa name appears above. An offeror shall not contact or ask questions of the department for whom the requirement is being procured. Tha Contract Officer may require any and all questions be submitted in writing. Offerors are encouraged to submit written questlons vlx electronlc mall at least nine days prlor to the proposal due date. Any correspondence related to a solloltatlan should refer to the appropriate Request for Proposal number, page and parnraph number. An envelope containing questlons should be idonlfied as such, othenroise it pray not be opened untll after the official proposal due date and alma. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal wflften amendment to the Request for Proposal will be binding, 4. AMENDMENT OF REQUEST FOR PROPOSAL; Tho Offerer shell acknowledge recelpt of a Roquest for Proposal Amendrnant by signing and returning the document by the specified due date and tlme, B. FAM ILIAR17ATI0N OF SCOPE OF WORK-. Before submitting in proposal, each offeror shall faEmiliarizo itself with the Scope of Wark, laws, regulations and other factors affecting Contract performance_ The Offeror shall be responsible for fully understanding the requirements of the subsequent Contract and etherwlse satisfy itself as to /the axpenso and dlf oulties acoampanying the fulfillment of cQntract requirements. The submission of a proposal will constitute a representation of compliance by the Offerar. There will be no subsequent financial adjustment, other than that provided by the subsequent Contract, far lack of such familiarization. 6. PREPARATION'OF PROPOSAL: A. Ail proposals shall be on the forms provided In this Requast for Proposal packaga. It is permissible to copy these forms as required, Facsimiles ar electronic mail proposals Shall not be considered. B. At a minimum, your proposal should include the signed Offer and Acceptance form, signed coples of any solldtatlon amendments, completed price Page and your response to all evaluation cHteria. C. The Offer and Acceptance page shall be signed by a parson authorized to submit an offer. An authorized signature the Offer and Acceptance pege, Proposal Amendment(s), or corer letter accompanying the proposal documents sht,,, constitute an irrevocable offer to sell the good and/or service specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. D. The authorized person signing the proposal shall Initial erasure, inf:erlineatlons or other modlflcations on the}proposal. Page 827 of 1743 CITY OF TUCS DIN DEPARTMENT OF PROW REN7GNT REQUEST FOR PROPOSAL N0. '1921W 255 W.ALAMEDA, 6TH FLOOR, TUCSDIN,AZ 857U PAGE 7 OF 25 PRINCIPAL CONTRACT 0FFICER:JFNN MYEIRS, CPPB PH; (528)83739371 FAX:(620)791-4735 E. In case of error in the extension or prices In the proposal, unit price shall govern when applicable, F. Perlods of#lme, stated as a number of days, shall be In calendar days. G. It is the res ponslbII ty of all offerors to examine the entire Request for Proposal package and seek clarification of any req uire mant that may not be oleer and to check all respansas for accuracy before submltting a proposal, Nagligance in preparing a proposal canfers no right of withdrawal after due dale and time. H, Tho City shall not reimburse the cast of developing:presenting, subinittin� or providing any response to this solicitation, I. Ofreror must list any subcontractors to be utilized In the performanco of tho services specifled hereln. For each subcontractor, details on respective qualifications must be included. 7. PAYMENT.DISCOUNTS: Payment discount pari ods shall be computed from the date of receipt of the material1servlce or correct invoice, whichever is later, to the date City's payment warrant is mailed_ Unless freight and other charges are itemized, any discount provided shall be taken on full amount of Involve. Payment discounts of twenty-one calendar days or more shall bo deducted from the proposed price In determining the price points. However, the Clty shall be entitled to take advantage of eriy payrnent discount offered by a vendor provided payment is made within the discount period. The payrnont discount shall apply to all purchases and to all payment methods. 18. TAXES; The City of Tucson is exempt from faderal excise tax, inofuding the federal transportation tax, 3 9. PROPDSALYSUBMITTAL FORMAT: An original and 9 copies (10 total) of onuh proposal should be submitted on the forms and in the format speclflad In the RFI . Offerors shall also submit one electronic copy of the proposal on cd, disc or zip disc In ASS Office 2010 or .pdf format. Any confidential Informstlon shaJ1 be submitted on a separate od, disc or zip disc, The original copy of the proposal should be clearly labeled "Original" and shall be single-slded, three halo punched end In a bindcf. The material' should be in sequence and related to the RFP. The sections of the submittal should be tabbed, clearly Identlflable and shouid Include a minimum of the fallowing sections: the completed Offer and Acceptance Form, all signed Amendments, a copy of this RFP document and the Offeror's response to the Evaluation Criteria Including the comply#ed Price Page, Failure to include the requested information may have a negative Impact on the evaluation of the offeror's proposal_ E7CCEPTIONS TO CONTRACT PROVISIONS,A response to any Request for Proposal Is an offer to contract with the City krased upon the contract provisions contained in the City's Request for Proposal, including but not limited to, the specifications, scope of work and any terms and conditions. Offer-ors who xvish to propose modifications to the contract provfsiona must clearly Identify the proposed deviations and any proposed substitute language. The provisions of the { Request for Proposal cannot be modified without the express w6dan approval of the Director or his designee, tf a proposal or ofrer Is returned with modifications to the contract provisions that are net expressly approved in writing by the DErec#or or his design&a,the oontract provisions contained in the CI#y's Request for Proposal shall prevail_ 11. PUBLIC RECORD: All proposals submitted in response to this Request for Proposal shall become thef property of the Clty and shall bocoma a matter of public record avallable for r�eviexv subsequent to the award notificatlon. � 's 12, CONFIDENTIAL INFORMATION: The City of Tucson is obligated to abide by all public information laws. If an Offeror r believes that any portion of a proposal, offer, speclfloa#ion, protest or correspondence contaIns lnforrmWon that should be withheld, a statement advlofng the Contract Officer of this fact should accompany the submission'and the Informa#loll shall be so identified wherever It appears. The City shall review all requests for conflderrtlallty and may provide a written ' determination to designate specified documents conildentlol or tha request may be denied. Price is not confidential and will not be withheld. If the confidential request is denied, such informatlon shall be disclosed as public informatfon, unfess the I offeror submits a formal written abjection, 13. CERTIFICATION: By signature on the Offer and Acceptance page, solldtatlon Amandmengs), or cover letter accompanying the submittal documents, Offeror oertlfles; A. The submission of the offer did not Involve collusion or Dther anti-competitive practloes, B_ The Offeror shall not discriminate against any employee or sppllcant for employment fn violation of Federaf of State laver, C. Tho offeror has not given, offered to give, nor intends to give at any time hereafter,any ecenomlic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant In conneotion with the submitted offer- D. The Offeror hereby cer tlfles that the Individual signing tha submittal is an outhorized agent for the Offeror and has the authority to bind tha Offeror to the Contraot, Page 828 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.192163 255 W. ALAN FDA,6TH FLOOR,TUCSON,AZ 85701 PACE 8 OF 25 PRINCIPAL CONTRACT OFFICER:JENN MYER , CPPB PH:(520)837-41371 FAX: (520)791-47 ' 74 WHERE TO SUBMIT PROPOSALS: In order to be oansldered, the offeror must complete and submit Its proposal to t � City of Tucson Department of Procurement at the Iacatlon Indicated, prior to or at the exact date and time indicated on the Notice of Request for Proposal page. The Offeror'a proposal shall be submitted in a sealed envelope. The words "E1=ALED PROPOSAL" with the REQUEST FOR PROPOSAL TITLE. REQUEST FOR PROPOSAL NUMBER, PROPOSAL DUE DATE AND T1ME and OFFEROR'S NAME AND AD DRE S shall be written ort the envelope. I& LATE PROPOSALS: Late proposals wIII be rejected. 16, OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the Clty requires an ofFer In response to this sol icitaLlon fa be veIId and irrevoi table for ninety (90)clays after the proposal due date and tlme. 17. WITHDRAWAL OF PROPOSAL; At any time prior to the speolfied solicitation due Gate and time, an offeror may formally withdraw the proposal by a written letter or electronic mall from the Offoror or a designated representative. Telephonic or oral withdrawals shall not be considered. 18. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminoting minor irreguladtles, informalities, or apparent clerical mistakes in the proposal in order to clarify an offer and assure full understanding of, and responsivonesz to, sollcitation requirements, 19. TAX OFFSET POLICY: If appllcable.in evalusting price propasals, the City shall include the amount of applicable business privilege tax, except that the amuunL of the City of Tucson business privilege tax shall not be included In the evaluation_ 24, CONTRACT NEGOTIATIONS: Exclusive or concurrent negotiations may be oanducted with responsible offeror(s) far the purpose of altering or othepvise changing tho onndltlons, terms and price of the proposed mnlract unless prohlbited. Offerors shall be accorded fair and aqual treatment in conducting negotiations and there shall -be no disclosure of any information derived from proposals submitted by competing offerors. Fxduslve or ooncurrant negotiations shell not constitute a contract award nor shall it confer any property rights to the successful offaror, In the event the City deems that negotiations are not progressing, the City may formally terminate theso negoilatlons and may enter Into subsequ r' concurrent or exclusive negotiations with the next most qualified firm(s). 21. VENDOR APPLICATION: Prior to-the award of a Contract, the successful offeror shall register with tha City's Dapartment of Procurement. Registration ran he completed at h t :1lvo.vw,tucson rourement.comr by clicking on Vendor Services. Please note that email notlficatlons of nowly published solicitations and amendments vrill be provided to those vendors that select email as thelr prefiered delivery method in their vendor record, 22. CI7Y OF TUCSON BUSINESS LICENSE: It is the responsibllity of the Cantractor to have a City of Tucson Business License throughout the life of this contract or a wrltten determination from the City's Business License SBction that a license Is not requirad. At any ilme during the contract,the City may request the Contractor to provide a valid copy of the business license cr a wrliten deterrninatlon that a business license Is not requlred. Appllcation for a City Business License can be completed at htt :ffiAmw.tucsonaz. ovlatax. For questions contact the City's Business L.icense Section at(520)791-4 566 g email at tax-liren se-Ttucsonaz,crov., 23. UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and Me with the City, within five (5) days after Notice of Intent to Award, all documents necessary to the successful execution of tho Contract. 24. AWARD OF CONTRACT; NobA ithstnnding any other provision of the Request for Proposal, the City reserves the right to, (1)waive any Immaterial dafact or informality;or (2)reject any or all proposarls. or portions thereof; n (3)reissue the Request for Proposal. A responso to this Request for Proposal is an offer to conLract with the City based upon the terms, conditions and Scope of Work contained In the City's R@quest for Proposal. Proposals do not 0ecome contracts uniess and untlI they,are executed by the Clty's Director of Procurement and tho Olty Atlorney, A contract has its inception in the award. eliminating a formal signing of a separate contraot. All of the terms and conditions of the contract are contalned In the Request for Proposal. unless any of the terms and conditlons are modified by a Request for Proposal amendmenL, a Contract Amendrmont, or by mutually agreed terms and conditions in the Contract documents, 25. PROPOSAL RESULTS: The name(s) of the successful offeror(s) will bo posted on the Procurement Department's late site at hitp..-'vwv,+,,i.tucson r curement.comf upon Issuanoe of a Notice of Intent to Award or upon flnal contract exeoutlan. ._ Page 829 of 1743 CITY OF TUCSON DEPARTA4ENT OF PROCUREMENT REQUEST FOR PROPOSAL NO, 192163 265 W.ALAMEDA. 6TH FLOOR, TUCSON,AZ 85701 PAGE 9 OF 25 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH: (520)837-41371 FAX; (520)791-4735 26. PROTESTS: A protest shall be Jn wrlling and shall be Mod w1th the Director of Procurement. A protest of a Request for Proposal shall be received at the Department of Procurement not less than five (5) working days before the Request fvr Proposal due date. A protest of a proposed award or of an award shall be filed within ten (10) days after isSrlance or notif1cation of axvrard or issuance of a notice of Intent to award, as�ipplicabla.A protest shalJ include; A. The narne, address; and teluphana numbor of the protestant; k B. The signature of the protestant or its representative; C. Identification of the Request for proposal or Contract number; D. A detalIed statement orthe legal and factual grounds of protest including cop les of relevant documents; and E. Tho farm of roll of requested. I I I I i I I i I r I I I i ' I l� i A 1 r I I Page 830 of 1743 CITY OF TUCSON t7EPARTMENT OF PRO CU REIVIENT REQUEST FOR PROPOSAL NO. 192163 255 W. ALAN EDA,6TH FLOOR, TUCSON,AZ 85701 PACE 10 OF 25 PRINCIPAL CONTRACT OFFICRR;JENN MYER , CPPS PH: (1320}837-41371 FAX: (520)791-47 PROPOSAL EVALUATION REQUIREMENTS I. PROPOSAL EVALUATI 0N CRITERIA —(Ilsted In relative order of Importance) A. Method of Approach B. Price Proposal C. Qualifications & Experience II. REQUIREMENTS SPECIFIC TO VALUATIONCRITERIA: The narrative portion and the materials presented in response to this Request for Proposal should be submitted In the same order as requested and must oontain, at a minimum, the following; A. Method of Approach 1. Provide a response to the national program. a. Include a detailed response to Attacliment A, Exhibit A, ONIINIA Partners Response for National Cooperative contract. Responses should highlight experience, demonstrate a strong national presence, describe ]pow offeror will educate its national sales fare about the contract, describe how products and services will be dMributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners, b, The successful offeror will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement. Offerors should have any reviews required to sign the docurn""' prior to submitting a response. Offeror's response should include any proposed exceptid to the 0 M NIA Partners Administration Agreement. c. The successful offeror will be required to fill out Exhibit F — Federal Funds Certification and Exhibit G — New Jersey Business Gomp]iance In its entirety. . Product a. Provide a detailed written response illustrating how the products offered will meet the requirements of this solicitation. Offerors shall provide the proposed product linea that will meet the Product Requirements of this solicitation. Offerors shall identify and describe thelr MRO categories. For each proposed category, describe in detail and provide at a minlmum the following types of information: 1. Identification and description of product categories offered 2. Identification and description of sub categories 3. Identification and description of manufacturers within each sub category b, What is the total number of products offered in your catalog? Are all catalog products stocked in your distribution warehouses? c. How are green products Identified in your catalog? Online ordering? d. Do you offer "Private kine" products? Please describe. e. Submit all information that will aid the City in evaluating your proposal, Page 831 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 192163 255 W.ALANIEDA, 6TH FLOOR, TUCSON,AZ 85701 PAGE 11 OF 25 PRIN01PAL CONTRACT OFFICER'JENN VYER , CPPB PH; (62 0)837-4137? FAX;(524)791-4736 3. Services a. Provide a detailed written response illustrating how the services offered will meet the requirements of this solicitation. Offerors shall provide the proposed services that will meet the Ssrvice Requirements of this solicitation, For each proposed category, describe and/or provide details explaining your capabilitles. In your response include Informat[on such as: I. Policies and programs detailing your efforts in these areas. 2. Literature explaining your capabilities, 3. Submit all information that will aid the City in evaluating your proposal. b. Describe haw you will roll out your program to City of Tucson staff'? Include In your disoussion training,education, meetings, informat[an gathering, annual contract awareness event, oto. r c. Describe how you will develop and maintain relationships with key department end users to convert sales to this contract, offer relevant solutions, problem solve, introduce now products or services, etc, d. Describe your sales and reporting capabilities. What Tavel of detail [s available? 4. Ordering and Invoices a. Describe your ordering capacity (reta[I locations, telephone, fax, Internet, etc.). Provide details of the capabllitles of your E Commerce website including ability to display contract pricing, on-line ordering, order tracking, search options, order history, technical assistance, I[sts, technical data and documentation, identification of alternate green products, etc. b, describe your invoicing process. Is electronic invoicing available? Is surnrnary invo[cing available? Are there other options on how en agency receives an invoice? Submit sample I invoices. c. Describe haw problems ^ such as a customer ordering a wrong product; a customer receiving a defective of wrong product; etc_ -- are resolver[, i d. Describe how your firm measures performance including identification, calculation, tacking and reporting of measurements. What is your stock flfl percentage rate, by line item, of the orders filled without backorders? e. If providing for retail location purchases, describe how agencies choosing to pick up products at a reta[I location will receive the correct contract pricing. i f. Describe your process for identifying out of stook items and the options available to ordering � agencies, such as. request a back ordered item, requesting a substitute item and cancelling � the item from the order. S. OtherlValue Add a. Describe any govemment rebate or government incentive programs applicable b. Describe how your firm will meet the monthly usage reporting cr[teria. Submit a sample report, 1` c. Please include any value-added services that have not been fisted in the scope of work. Servioes could include, but not limited to, safety shoe program, additional inventory managernent, emergency preparedness services, safety glove programs eta. Page 832 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREM rzNT REQUEST FOR PROPOSAL NO.192163 255 W.ALAMEDA. GTH FLOOR,TUCSON,AZ 55701 PAGE 12 OF 25 PRINCIPAL OONTRAG7 OFFICER,JENN MYERS, OPP5 PH-.{520)837-}1371 FAX_(520)791,47' S. Price Proposal 1. Provide a price proposal as requested on the Attachment B — Price Page. I Core Lists a, Market Basket — Provides for the deepest discounts, as listed on the category discount sheet, on a variety of products to agencies nationwide. Products in this list represent the largest annual spend in terms of dallara and/or highest volume in terms of quantity. Pricing for Market Basket Itoms shall be provided to all Partiaipating Agencies, b_ Functional Alternatives — Provide items which can be substitutes for the corresponding items on the Market Basket which might provide better value but meet the same need. Items In the Functional Alternatives section of the price page %-+III be evaluated as value-add items for the National Program, Pricing for 'Functional Alternatives shall be provided to all participating agencies. i, Using Attachment B, Price Page. complete tho columns specified resulting in the proposed discount and net contract price for items offered nationally. ii. Using Attachment R, Price Page, complete the Category Discount page listing the percentage off discount price for each category provided. iii. Haw often does the Offeror propose to update this Iist? Are there certain products that should be updated more frequently thaIn ethers? b. Customized Core List by Agency, individual local and state departments, and regional cone lists— In addition to the National Core List, Offerors may provide customized core lists to agencies. i. Describe Offeror's ability to provide customized core lists to agencies; ii. The number of items Offerer proposes to provide on a dustomized core list; ` iii. Maw often does the Offeror propose to update customized core Gists; V Describa any agenay size or volume limitations. c. Catalog Pricing; Provide pricing for products not included in items 1,a. and 1.b. above, I, Describe how you will price catalog items that are not listed on the Market Basked Itst. That is, by product category, sub-product categury; manufacturer, etc. it. Disclose the number of items in each product category and in the catalog d. Seasonal or Special Pricing, Descrlbe any programs offered to promote special pricing to Participating Agencies. 2. Describe how services proposed will be priced, 3. The City's expectation is that the proposed pricing shall include delivery to Tucson and Participating Public Agencies. Based on your distribution network, explain the impact of such priding to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural area. Propose an optimal solution(s) that would provide Particlpating Public Agencies with the best pricing tndtuding freight costs. 4. Propose a piar3 to adjust pricing as market conditions change. The plan must be verifiable and auditable_ Identify calculation, formula, components, index, etc. 5. State if pricing is most favorable offered to government agencies, Describe how your firm ensure this contract will continually offer the best pricing available to Participating Pu . Agencies. Page 833 of 1743 CITY OF TUCSON 0EFARTMENT OF PROOUREN-IENT REQUEST FOR PROPOSAL NO. 192163 255 W ALA MEDA,6TH FLOOR, TUCSON,AZ 55701 PAGE 13 OF 25 PRINCIPAL CONTRACT OF FICER:JENN MYE RS, CPPE PFI:(520)637-41371 FAX: (520)791-4735 6, Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program,total annual spend, etc. 7. Provide information on any ordering methods—such as electronic ordering or payment via p and or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so. please provide the percentage discount. S. Provide your payment terms,. 9. As stated in the Instructions to Offerors, 7. Discounts, the prlce(s) here€n can bo dlsoounted by %, if payment is made within days. These payment terms shall apply to nil purchases and to all payment methods. I 10. Will payment be accepted via commercial credit card? Yes No a. if yes, can commercial payment(s) be made online? Yes No b. Will a third party be pracessing the commercial credit card payrnent(&)?_Yes _No c. If yes, indicate the flat fee per transaction . (as allowable, per Siectlern 4,9 of the MasterCard Transaction Processing RvJes), d. If "no" to above, will considerat€on be given to accept the card? Yes No 11. Does your firm have a City of Tucson Business License? Yes No If yes, please provide a copy of your City of Tucson Business I€ceosa, ' C. Qualifications and Experience 1. Provide a brief history and description of your company. . Provide a statement of your annual sales for the past 3 years. 3. Highlight experience and strong national pr88ence in the MRO industry. j 4. Provide tha total number and location of sales persons employed by your firm. 5. Number and lacatlon of support centers (if applicable), 6. Descr€be the qualiiicatlons of your sales }personnel and techn€pians, 7. Prov Ae a Iisting of key personnel who may be assigned to the Oity's contract, Inolude their title within your organization and the description of the type of work they may perform. Please identify an executive corporate sponsor who will be responsible for the overall management of the awarded Master Agreement. S, Summarize your a perianoe In providing product and services similar to that outlined in the Scope of Work. Provide a minimum of three references for which you have provided similar products and services. References from other public agencies, particularly municipal govern mants, are preferred. Please Include company name, address, phone, email. and contact person, 9. Please submlt any additional information that you feel is applicable to your qualificatlons and f experience. Page 834 of 1743 GI TY OF TUCSON DEPARTMENT OF PROCUREMENT FtMUEST FOR PROPOSAL NO. 192783 255 W,ALAMEDA, 6TH FLOOR, TU `ON,AZ 85701 PAGE 14 OF 25 PRI NOIPAL CONTRACT 0FFICER:JENN MYERS, OPPQ PH: (524) 637-4137 r FAX: (520)79;-47. III. GENERAL A. Shortlist: The City reserves the right to shortlist the offerors on the stated criteria. However, the City may determine that shoftlisting is not necessary, B. Interviews: The City reserves the right to conduct interviews with some or ali of the offerors at any point during the evaluation process. However, the City may determine that Interviews are not necessary. In the event interviews are conducted, information provided during the interview process shall be taken into consideration when eva[uating the stated criteria. The City shalt not reimburae the offeror for the costs associated with the interview process, C. Additional Investigations: The City reserves the right to make such additional investigations as It deems necessary to establish tha competence and financial stability of any offeror submitting a proposal, D, Prior Experience: Experiences with the City and entities that evaluation committee members represent and that are not specifically mentioned in the solicitation response may be taken into consideration when evaluating offers. E. MUItiPIG Awards: To provide adequate contract coverage, at the City`s sole discretion, multiple awards may be made. i Page 835 of 1743 CITY OF TUCSON DEPARTIVI ENT OF PROCUREMENT REG UEST FOR PROPOSAL NO. 192163 255 W.ALAMEDA, 6TH FLOOR,TUCSON, A2 65701 PAGE 15 OF 25 PRINCIPAL CONTRACT OF FI CLR.JENN N-1YERS. CPPB PH; (524)837-4137 r FAX:(520)791-4735 SPECIAL. TERMS AND CONDITIONS 1. COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson, In addition, public and nonprofit agencies that have registered with OVINIA Partners or entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are el€gible to partic€pate in any subsequent Contract. See http:llwwkv.tuesonprocurement.00m�ccoppartnars,arspx and click on Cooperatives for a list of the public arnd nonprofit age noles that have currently entered into Cooperative Purchasing Ag reements with the City of Tucson. Additional€y: this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See htt :)i%v vv.mesaaz. ovfiiomelsho document?[d=236,38 for a listing of participating agencies, The parties agree that these Ifsts are subject to change. ' Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment far purchases made under this agreement Will be the sole msponsibility of each participating agency. The Contractor may negotiate additional expenses incurred as a result of partic€pating agencies' usage of this contract (€.e., freight charges, travel related expenses, etc.). The City shall not be respcnslble for any disputes arising out of transactions made by others. ' The Contractor(s)will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon rece€pt of the Notice of Intent to Award. At the City's request. the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating ' age nay, FEDERAL, STATE AND LOCAL TAXES, LICENSES AND PERMITS: The Supplier shall Ccmply with all Federal, State, and local licenses and permits required for the operation of the business condu.cted by the { Supplier as applicable to this Con#ract. The Supplier shall, at rr.o expense to the City, OMNIA Partners, or other Participating Public Agencies, procure and ksep in force during the entire period of the Agreement al[ such permits and licenses, 3. SUBCONTRACTORS: No subcontract shall be made by the contractor with any other party for furn€shing any of the services herein contracted for without the advance wriitten approval of the Department of Procurement. All subcontractors shall comply with Federal and State laws and regulations that are appiicrable to the Services covered by the subcontractor and shall inolude all the terms and conditions set forth herel n which shall apply with equal farce to the subcontract, ars if the subcontractor were the Contractor referred to her4An. C4ntr'actor is responslble for aantract performance whether Dr not subcontractors are used_ 4. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor Shall retain title and control of alt goods until they are delivered and the Contract of oove rage has been completed. All risk of transportatlon and a1 related charges shall be the responsibility of the Cantractor. All claims for visible or concealed damage shall be filed by the Contractor, The City will assist the Contractor in arranging for inspection. 5. PAYMENTS: AtiilI payments made by the City of Tucson for goods or servioee will be made to the vendor named on the Offer and Acceptance form. If you do not wish payment to be made to that address, you must submit an attaohed sheat indicating the proper mailing address with this bid. 6. RIGHT TO TERMINATE FOR CHANGE IN OWNERSHIP OR MATERIAL RESTRUCTURE OF THE (" CONTRACTOR: In addition to the Terminat3on of Contract clause In the Standard Terms and Conditions section of this so€icitation and resulting oontract, the City reserves the right to cancel the whole or part of this contract within 60 clays written notice of the completion of any material change of ownership in the Contractor's company, including its sale, merger, consolidation or dissolution. Page 836 of 1743 i CITY OF TUCSON DEPARTMENT OF PROCUREMFNT REQUEST FOR PROPOSAL NO. 192103 255 W.ALAMEDA,6TH FLOOD,TUCSON,AZ 85701 PAGE 16 OF 25 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB Phi' (520)837-41: 7 I FAX;{520)7D1-47�' 7. TERM AND RENEWAL,: The term of the Contract shall cornrnence upon award and shall remain in effect for a period of three (3) year's, unless terminated, canceled cir extended as othenvise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for two ; (2) additional ane-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the Possible exception of price and minor scope additions andfor deletions. S. PRICE ADJUSTMENT: The City III review fully documented requests for price adjustment at the end of tha Contract's first year. Subsequcnt'fully documented requests for price adjustment may be made at the ,Gnd of each Contract year that the Contract is[Ti effect, Price adjus#menta may be a consideration In the continuance and/or renewal of the contract. The City wl II determine whether the requested price adjustment OF an alternate option, is in the best Interest of the Clty- 9. 1NSURANCE: The Contractor agrees to: A. Obtain insurance cov4+ rage of the types and amount required in this section and keep such insurance coverage in farce throughout the life of this contract. All policies will eontain an endorsement providing that written notice be given to the City at least 30 days prior to termination or cancellation in coverage in any policy, and 10 days notice for cancellation due to non-payrin e nt in premium. B. The Commercial General Liability Insurance and Commercial Automobile Liability Insurance Policies will include the City as an additional insured with respect to liability arising out of the, perfofrnance of this contract. Such additlonal insured shall be covered to the 'full limps of I€abi; purchased by the Contractor, even if those limits of liability are In excess of those required I t ;: Contract. The insurance hereunder will be primary and that any insuranca carried by the City will be excess and not contributing. C. Provide and maintain minimum insurance limits as applicable; COVERAGELIMITS OF LIASILIT _ _'. .•;r.;rk;: ;,-=x:t,;`.i'-_= .,. rm-_ _;�.;{,;-:gip v'=..'k-_ Policy shall include Bodily Injury, PropertyDamage, Personal Injury and Broad Form Oontmotual Liability Each Occurrence $1.000,000 General Aggregate 2.00 ,000 Products & Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,.000 Blanket Contractual I iahilit _ $1,000,000 Policy shall include Bodily Injury and Property Damage, for any owned, Hired, and/or Nen-owned vehicles used in the operatlon, installation and maintenance of facilities under this agreement. Combined Sin Ile Limit $1,000,000 'Ill ;r:: = Per Occurrence Statutory Employer's Liability $1,000,000 Disease Each Employee $1,000,000 Disease Policy Limit 1,000,O0o +4 ° Sole Prapr' tar{Indeuendent Contr. cr designation is diva r to ti)ose who desire to waive their ghts for workers' tompensatf�,� coverage and 4ieneks as outlined in ARS§ 23-901 acid spaelflcally ARS § 2P9,61 [% If applitoble, please request the Sole Proprietor/Independent Contr¢ctor form from the Car,Cract Officer listed In the so//citation, Page 837 of 1743 CITY DF TUCS0N DEPARTMENT OF PROCUREM ENT REQUEST FDR PROPOSAL NO. 182163 255 W.ALAMEDA. GTH FLOOR, TUCSON,AZ 85701 PAGE 17 OF 25 PRINCIPAL CONTRACT 0FFICF;R.JENN MYERS, CPPB PH; (524)837-41371 FAK (520)791-4735 D. ADDITIONAL INSURANCE REQUIREMENTS: Policies shall be endorsed to include the following provisions: 9, A waiver of subrogation endorsement in fever of the Clty of Tucson, for losses arising from work performed by or on behalf of the Contractor {inoluding Worker's Compansaticn). 2. The Insurance afforded the contractor shall be primary insurance and that -any insurance carried by the City of Tucson and its agents, officials or employees shall be excess and not contributory. 3. Coverage provided by the Contractor shall not be limitad to the liability assumed under the indemnification provisions of this Contract:. I E. N07ICE OF COVERAGE MODIFICATIONS: Any changes material to Pao mp€lance with this contract in tha insurance policies above shall require 10 days written notice frorn-the Contractor to the City of Tucson, Such notice shall be sent directly to the Department of Procurement, F. ACCEPTABILITY OF INSURERS: Contractors insurance shall have ars A.M. Best" rating of not less than A:VII. The City of Tucson in no way warrants that the required minimum insurer rating is sufficient to protect the C ontractor from potential insurer insolvency. i G. VERIFICATION OF COVERAGE: Contractor shall furnish the City of Tucson with certificates of insurance (ACORN form or equivalent approved by the City of Tucson) as required by this Contract, The certificates far each insurance policy arcs to be signed by an authorized represent;ative. I All certificates and andomemonts are to be receivers and approved by the City of Tucson before � work commences. Each insurance policy required by this Contract must be in effect at or prior to i commencement of work and remain in effect for the duration of the contract anti two (2) years after completion. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal upon the City's request, is a material breach of contract. j All certificates required by this Contract shall be sent directly to the Department of Procurement. f The City of Tucson project/contract number and project description shall be noted on the certificate of insurance, The City of Tucson reserves the right to require complete capias of all insurance policies required by this Contract at any time. H. SUBCONTRACTORS: Contractors' certificate(s) shall inolode all subcontractors as insureds under its policies or Contractor shall furnish to tha City of Tuoson separate certificates and endorsements j for each subcontractor. All coverages for subcontrectars shall be subject to the minimum � requirements identified above. f I. EXCEPTION: In the event the Contractor or sib-contractor{s}islare a }public entity, than the Insurance Requirements shall not apply. Such public entity shell provide a Certificate of Self- Insurance Page 838 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 192163 255 W.ALAMEDA, 6TH FLOOR, TUCSON,AZ 85701 PAGE 16 OF 25 PRINCIPAL CONTRACT OFFICE.RJENN MYERS. CPPB PH:(624)937-41371 FASO: (520)791-47 -.... STANDARD TERMS AND CONDITIONS I. ADVERTISING: Contractor shall not advertise or publish informatlon concerning this Contract without prior written consent of the Gity's Director of Procurement. , AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article ?CII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all appllcable provisions of the Americans with Dlsabllltles Act(Public Law 1071-336, 42 U. ,C. 12101, et seq.) and applicable Federal regulations under the Act, 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all rernedles afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. 5, ASSIGNMENT-DELEGATION-. No right or interest in this Contract shall be assigned by the Contractor without prior vvdtten permission of the 0140, and no delegaticn of any duty of the Contractor shall be made without prior written permission of the City's Director of Proourament, The City shall not urireasonably withhold approval and shall notify the Contractor of the Clty's position by written• notice. S. C:HILL)ISWEAT-FIRER LABOR POLICY: The ContraEotor shall comply with all applicable provisions of the United States Federal and State Child Labor and Workers Dight lavA, and agrees if called upon to affirm in writing, that thoy, and any subcontractor involved in the provision of goods to the City,,are In compliance, 7. CLEAN UP: The Contractor shall at all times keep the contract area, Inoluding storage are&S used by the Contractor, free from accumulation of waste materlaI er rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools. scaffolding, equipment and materials not property of the Clty. Upon completlon of the rep ` the Contractor shall leave the work and premises In clean, neat and workmanlike condition, 8. COMMENCEMENT OF WORK: The Contfactor Is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing: by the City, 9. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City far the purpose of assuring that no information contained In Its records or abtalned from the Clty or from others irr carrying out lts functions under the Contract shall be� used by or disclosed by it, its agents, officers. or employees, except as required to efflclently perform duties under the Contrast. Persans requesting such information should be referred to the City_ Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, Unless otherMse agreed to in writing by the City. 10, OCNTRACTAMENDMENTS: The Procurement Department has the sole authority to, A. Amend the contract or enter Into supplemental verbal or written agreements; I3. Grant time extensions or contract renewals; C. Otherw1se modify the scope or terms and provisions of tha contract_ This Contract shall only be modified with the approval of the Department of Frocurement. Except in the case of a dacurnented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor arLd may not be eligible for payment by the City, 1'f. CONTRACT: The Contract shall be based upon the Request for Proposal issuad by the City and tho Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specificatlons and other requirements set forth within the text of the Request for Proposal, The Ci#v reserves the right to clarify any contractual terms with the ooncurrence of the Contractor; however, any substa nonconformity In the offer,as determined by the City's Director of Procurement, shall be deemed non-responslve ._ the offer rejected, The Contract shall contaln the entire agraement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements In any fon-n Page 839 of 1743 CITY OF TUCSON DEPARTMENT OF PRO CUREMEHT REQUEST FOR PROPOSAL NO. 1EI2163 255 W-ALAMFDA: 6TH FLOOR, TUCSON,AZ 85701 PAGE 19 OF 25 PRINCIPAL CONTRACT OFF ICE R;JENN MYERS, CPPB PH:(520)837-4137!FAX: (520)791-4735 I .12. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH; Contractor shall deliver conforming materials in each insWllment or lot of this Contract and may not substitute nonconforming matorlals. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract, Noncompliance may be deemed a cause for possible Contract termination. 13. DUPLEEDfRECYCLED PAPE R: In accordance with efficient resouroe procurement arrd utilization policies adopted by the City of Tucson, the Contractor shEIl ensure that, whenever practicable. all printed material's produced by the � Contractor in the performance of this Contract are iduplexed (two-sided -copies), printed on recycfed paper and labeled as such, 14. E=QUAL PAY: The Contractor shali comply with the applicable provisions of the Equal Pay Act of 1963 (Pub.L_ 58-38, � 29 U.S.C. coction 206(d)); Title VII of the Civil Rig.110 Act of 1854 (Pub,L. 85-352. 42 U.S.C. 2050e ef_seq., and, the Lily Ledbetter Fair PBy Act of 2009 (Pu b.L. 111-2), 15, EXCLUSIVE POSSESSION: AJJ services, infomation, computer program elements, reports and other deliverables created under this Contract are the sole property of the City of Tucson and shall not be used or refeased by the Contractor or any other person except with prior written permission by the City. I 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies wlth all Faderai Immigration laws and regulatlons that relate to its employees and complies with A.R.S. § 23-214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penaltles up to arfd including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ansure complianoe with this warranty and the Contractor shall asslst iri any such audit, The Contractor shall include the requirenTents of this i paragraph In each contract with subcontractors under this Contract, I I If the Contractor or subcontractor warrants that it has complied with the employment verificatlon provisions prescribed 1 by. sectlons 274{a}and 274(b) of the Federal Immigration and Nationallto Act and the E-verify requirements presodbed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provl8ian. The 1 City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor, 2 17. FORCF-MAJEURE: Excspt for payment of sums due, neither party shall be liable to the other nor deamed in default { under this Contact if and to the extent that such party's performance of this Contract is prevented by treason of Faroe Marjeure_ The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs wlthout its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay i arises out of a Farce Majeure orcurrence In accordance with this Force Majeure term and Condition. If either party is delayed at any Urne in the prograss of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-dellvered or mailed certified-return receipt and shall make a specific reference to this article, thereby Invoking Its provisions, The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when It has done so. The time of oornpletion shall be extended by oontract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance wit4 this Contract, 16. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it Is found that gratuities, in the form of entertainment, gifts, meals or otherwlse, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or emplayea of the City amending, or the making of any determirlations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition tD any other Nghts and remedles, to recover or withhold from the Contractor the amount of the gratuity. . HUMAN! RELATIONS: Contractor shaIf abide by the provlslons of the Tucson City Code Chapter 28, Article XII. 20. INDEMNIFICATION; To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indernnify and hold harmless Clty of Tucson, its agents, representatives, officers, d1rectors, off icfaIs and employees from and against all allegations, demands, proceedings, sults, actions, claims, including claims of patont Page 840 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO. 182163 255 W. ALAMEDA, GTH FLOOR,TUCSON, AZ 85701 PAGE 20 OF 25 PRINCIPAL CONTRACT OFFICER:JENN MYERS. CPPB PH: (520)837-41371 FAX,,(520)791-47 or copyright infringement, damages, losses, expenses, including but not limited to, a[tomey fees, court costs, and # cost of appellate proceedings, and all claim adjusting and handling expense, related to, arlsing from or out of or resulting from any actions, acts, errors, mistakes or ornlsslons caused in hol[+ or park by Contractor relating to work, services arldlor products provided in the performanoe of kms Contract, Including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor`s employees. It Is agreed that Contractor will be responsible for primary loss Investigation, defense and judgment costs where this indemnlfrca.tlon N applicable. The Contractors agrees to waive all rights of subrogation against the City of Tucson, It's agents, re pre Bentatives, officers, directors, officials,.employees and +voluntee rs for losses arising from the work performed by the Contractor far the City of Tucson. Contractor% responsible for campIlanre with the Patlent protection and Affordable Care Act{ACA},for its employees in accordance with 26 OFIR §54. 4980H. Additionally, Contractor is responsible for all applicable IRS reporting requirements related to ACA. If Contractor or any of Contractor's employees is certified to the City as having received a premium tax credit or cast sharing reduction which contributes to or triggers an assessed penalty a.galnst the City, or Contractor fails to meet reparkng requirements pursuant to sectlon 8056 resulting in a penalty to Cit}, Contractor indemnifies City from and shall pay any assessed tax penalty- 21, INDEPENDENT CONTRACTOR: It is understood that each party shall act in its indIvIdual capacity and riot as an agent, employee, partner, jolnt venture, or associate of the other, An employee or agent of one ,party shall not be deemed or construed to be the employee or agent of the other party for any purpose, The Contractor shall not be entitled to compensation in the form of salaries, holldays, paid vacation, sick days, or pension contributlons by the City, The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The CiDntraCtor is advised that taxes: social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Contractor is responsible for compliance with the Affordable Caro for Contractor and any of Contractor's employees. . 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the speclficatlons of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the CantraCtor. Noncompllarice may be deemed a cause for possible Contract term inatlon. 23. INTERPRETATION-PAROL. EVIDENCE: Thls Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade sh-all be relevant to supplement or explain any term used In the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object, 24, ISRAEL BOYCOTT DIVESTMENTS: Acceptance of the contract warrants that the vendor is in corn plianoe with A.R, , § 35-393 and does not participate in a boycott of Israel as that term is defined within A.R.S. §3 -�93. 25. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 26. LIENS: All materials. services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. security interest shall extingul h upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 27. NO REPLACEMENT OF DEI"ECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination iclause set forth within this document. 28. NON-EXCLUSIVE CONTRACT: Any contract resulting from this sollcitatian shall be awarded with the understand. and agreement that it is for the sole convenient-,of the City of Tucson. The City reserves the rlght to obtain like goods or services ffom another source when necessary, Page 841 of 1743 CITY OF TUCSON DEPrARTMENT OF PROOIJKI;N ENT REQUEST FOR PROPOSAL NO. 192163 255 W.ALAMEDA. BTH FLOOR,TUCSON, AZ 85701 PACE 21 OF 25 PRINCIPAL CONTRACT OFFICER:JEMN MYERS. CPPB f PI-I;(520)537-4.137 i FAX: (520 791-47x5 l 29. OVERCHARGES BY ANTITRUST VJOLAkTIONS: The City maintains the 3t, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the ext6nt permitted by law, the Contractor hereby 8s8igns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 30. PAYMENT: The City's preferred method of payment is via credit card, Tile City will issue a Purchase Order and, in somo oases, either provide a credit card for payment at the time of ordering.or pay subsequent invoices by rradit card upon receipt of goods or services In cgood-order. Hotiwever, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary, Unless payment is made by credit card at time of order or point of sale, a separate involve shall be issued for each shipment of material'or service performed, and n0 payment shall be issued prior to receipt of material or service acrd correct involve. The invoice shall not I e dated prior to the receipt of goods or coMpletion of servlces, The City shall male every effort to process payment for the purchase of materials or services withir7 twenty-ono ( 1) € calendar days after receipt of material's or services and a correct invoice. f The Contractor's payment terms shall apply to all purchases and to all payment methods. t 31. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall Use reasonable care to avoid dam�3ging existing buildings, equipment, and vegetation {such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor Bhal'l' replace or repair the damage at no expense to the City, as determlRed and approved by the City's Director of Procurement, If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price. 32, PROWSIONS REQUIRED BY L.AW: Each and every provision of law and any clause required by law to be in the Contract sh3I1 be read and enforced as though it were included herein, and if through mistake or otherwise any such provislon is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correctlon, 33. RECORDS. Internal control over all financial transactlons related to this Contract shall be in accordance with sound fiscal policies_ The City may, at reasonable times and places, audit the books and records of the Contractor and/or any subcontractors, Sald audit shall be limited to this Contmet, 34. FLIGHT TO ASSURANCE: Whenever one party to this Contract has reason to questl'on, In good faith,the other party's Intent to perform, the former party may demand that the other party give a tiwriltten assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5)days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract tormination. 35. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business, of a Contractor or subcontractor which is related to the performanco of any Contract as awarded or to be awarded. 36. FLIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication, as a walver by either party of any existing or future right andlor remedy available by law in the event of any cfaim, default or breach of contraot. The fallure of elther party to insist upon the strict performance of any tern or condition of the Contract, to exerclso or delay the exeroise of any right or remedy+provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist iIpan the strict performance of the Contract, 37. SEVERABILITY: The provisions of this Contract are severablo to the extent that any provision or appllcMfon held to be invalid shall not affect any other provision or application of the Contract whlch may remain In effect without the valid provision or application. 38. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials, Non-compliants shall conform to the termination clause set forth wlthln this document. 39. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with arty other party to furnish any of the materialiservice specified herein without the advancs written approval of the City's Director of Procurement. All subcontracts shall comply with Fed,aral and State Jaws and regulations whlch are applicable to the services covered Page 842 of 1743 CITY OF TLICSON DEPAWMI ENT OF PROCUREt r:HT REQUEST FOR PROPOSAL. NO. 192163 255 W.ALAMEDA.6TH FLOOR,TUCSON,AZ 86701 PACE 22 OF 25 PRINCIPAL CONTRACT OFFICER,JENN MYERS, CPPB ! PH- (524)837-4137 i FAX: (520}791-47` by the subcontract and shall Include all the terms and c*ndltions set forth herein which shall apply wlth equal force 0 the subcontract, as If the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. 40. SUBSEQUENT EMPLOYMENT. The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 35-591 if any person significantly involved in initiating, nogotiat€ng,securing, drafting, or creating tha Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contraot is in effect, an employee of, or a contractor to, any other party to this Contract With respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is revolved by the parties to this Contract, unless the notice specifies a later time, 41. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30} days written native. The City, at its convanienoe, by written notice, may terminate this Contract, in whole or in part_ I# this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract far ser ices rendered and accepted material recelved by the City before the effectivo date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract_ Thi City will issue a written ton (10) day notice of default to the Contractor for avting ar failing to act asspa Gified In any of the foII DVVing; In the opinion of the CIty, the Contractor provides personnel that do not meek the requirements of the Contract; In the opinion of the City, tho Contractor fails to perform adequately the stipulations, conditions or sendoeslspecific.ations required in this Contract; In the opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of ` unaoceptable quality; The Contractor fails to furnish the required service anther product within the time stipulated In the Contract; In the op€nion of the City, the Contractor fails to make progress in the perfermanoe of the requirements of the Contract; The Contractor gives the City a positiva Indication that the Contractor will not or cannot perform to the requirements of the Contract. Each payment obligation of the City created by this Conlract is conditioned upon the availability of Cit}, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services andior materials provided under this Contract, this Contract may be terminated by the City at the end A the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non-appropriation, No penalty shall accrue to the City In the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of torminMion under this paragraph- 42. aragraph.4 . TITLE AND DISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract, 43. WARRANTIES: Contractor warrants that all material or service delivered under this Contract shall conform to the specifrestions of this Contraot. Mere receipt of Shipment of the material or service specified and any inspectlon incidental thereto by the City shall riot alter or affect the obligations of the Contractor or the rights of the City under tha foregoing warranties. Additional warranty requirements may be set forth in this doaumont, Page 843 of 1743 CITY OF TUGS DN DEPARTMENT 4F PROCUREMENT REQUEST FOR PROPOSAL NO. 792783 255 W.ALAMEDA. 6TH FLOOR, TUCSON,AZ 85709 PAGE 23 OF 5 PRINCIPAL O0N7RACT 0FFICER;JENN MYERS. CPPB PH:{620)837-4137,1 FAX: (520)791-4736 PRICE PAGE Fes rrrust be inclosfve of all costs, h3cluding but not frmited to, direct and indirect casts for tabor, overhead, materials, printings, travel and mileage, postage, etc. Please refer to Attachment B Please complete Attachment D in Its entirety, The first sheet has an area that haq been added for functiona] alternatives that can be offered In addition. These will also be reviewed and evaluated. The second sheet has a list of categories. Please list the discount off price fvr each category. Please submit a copy of the excel docurnenUprice Page on }your electronic copy. 00 NOT lack a password protect the electronic copy of your price page, i i I Page 844 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT RMUEST FOR PROPOSAL NO. 192163 255 W.ALANIF-UA, ETH FLOOR, TUCSON, AZ 85701 PACE 4 OF 5 PRINCIPAL CONTRACT UFFiCER=JENN MYE RS, CPPB PH:(520)837-4137!FAX:{520)791-47 F OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers end shall furnish the material or ser,rloe in complianoe wlth all terms, scope of work, canditions, spedflcatlons, and amendments in the RegBest for Proposal which is incorporated by reference as if sully set forth herein. For clalIcatlon of this offer,contact, Name' Company Name Title' Address Phone: City state Zip Fax: _ Signature of Person Authorized to Sign E-mail: Printed Name Tltle ACCEPTANCE OF OFFER The Offer Is hereby accepted, The Contractor is now bound to sell the materials c services specified In the Contract, This Contract shall be referred to as Contras# No. CITY OF TUCSON, E� municipal corporation Approved as to form; Awarded: This day of 2019 This day of 2019 As Tucson City Attorney and not personally As Director of Business Services and not personally Page 845 of 1743 CITY OF TUCSON I)rzPAR7MENT OF PROCUREMENT REQUEST FOR PROPOSAL.NO.192163 255 W. ALANEDA, 6TH FLOOR_TUCSON,AZ 85701 PAGE 25 OF 25 PRINCIPAL CONTRACT OFF[CER:JENN MYERS, CPPB PH:(520)B37-4137;FAX,.(520)791-4735 r t ATTACHMENTS Attachment A—OM N[A Partners — R eq u i re rn ents for National Cooperative C ontract Attachment B— Price Page I i I } I I Page 846 of 1743 r June 21, 2019 Sent via electronic mail, this day Ron Price Sr. Government Sales Manager CITY OF W.W. Grainger, Inc. TUCSON 100 Grainger Parkway Lake Forest, IL 60045 BUSINESS Ron.Price@grainger.com SERVICES DEPARTMENT Subject: Contract No. 192163—Maintenance Repair and Operations (MRO) Supplies, Parts, Equipment, Materials, and Related Services Dear Mr. Price: The City of Tucson has awarded your firm the contract for furnishing the City's requirements for Maintenance Repair and Operations (MRO) Supplies, Parts, Equipment, Materials, and Related Services during the time period of July 1, 2019 through December 31, 2020. Please find attached your pdf copy of the contract, purchase order and the designation of contract representative memorandum outlining the duties and responsibilities of the representative as they relate to this contract. If you have any questions concerning this award, please contact me at 520.837.4137. The City wishes to thank you for your interest and submittal. Sincerely, Jenn Myers, CPPB Principal Contract Officer BUSINESS SERVICES DEPARTMENT SHARED SERVICES—PROCUREMENT CITY HALL•255 W.ALAMEDA•P.O.BOX 27210•TUCSON,AZ 85726-7210 (520)791-4217•FAX(520)791-4735 •TTY(520)791-2639 www.tucsonprocurement.com Page 847 of 1743 i CITY OF TUCSON, RFP# 192163, MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, EQUIPMENT, MATERIALS AND RELATED SERVICES Attachment B - Category Discounts ® m a ME Abrasives 7% Adhesives,Sealants,and Tape 7% Cleaning 22% Electrical 23% Electronics, Appliances, and Batteries 19% Fasteners 32% Fleet and Vehicle Maintenance 5% Furniture, Hospitatlity and Food Service 5% Hand Tools 14% Hardware 5% HVAC and Refridgeration 17% Lab Supplies 7% Lighting 22% Lubrication 7% Material Handling 15% Motors 19% Office Supplies 5% Outdoor Equipment 12% Paint, Equipment and Supplies 10% Plumbing 20% Pneumatics 11% Power Tools 11% Power Transmission 19% Pumps 7% Safety 19% Security 15% Test Instruments 7% Welding 10% (Other) HVAC: Filters 40% (Other) Emergency Preparedness 19% Base Discount 5% Page 848 of 1743 i a�s�m c4< m�wo m..�mm.. mm -------------------------------------------------- ------ m-NY-wc-N ,..-xx mKoxxo xa �$ry u,o .. ... .. . . .8�..�.,.. --------------- -,..-------------------- .v.v.------- ----� E W ..mmN xa Ml- -- ��3 r >---- ----- a�m�wo -NrvoB�;�m rv------------- ...,.....»..., ----- ��8«Ρ _.Y -v.„.N--..B---------8------ --- f ��waawLL.,www�wwaw4�Wwwwwnwwa..wnaw�ww,awn..n��ww�LLnwwnnww�wa�ww�a��wwwn_wmwwannw�n� x z W QC1 G E m LU 8 tn C `Q -xWxcGoxx�xcxxr„av <c<x.�xxmc�omxxcxxw�xw„crrohwxrc�oxna��x<mH„„xmxhw�smcn„�,„o'a�� a z 28 s d o a Q \�8N3om�m' � 33x <��'? 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'v.�C..�_�c c P r:�u<N r..=c u+✓�u N_�u�__�:.�v e�r v c v .¢ u .+D_v,�u v<.,a u.n. a v. ,.,+ a�v u,. e u��.f 3 3 E j _ 3 = 3 E 3 9 3 cztF 3 3 _ � c _______ ________ _ _____ I? 8933 i Cf g al -----n n ---n n_rvn n- - ry ry '.... P3 N'3 c c m c,° o c m.,ry m c c ry m c_n n c_ m. c m < _,n ,c m ry 3 m ry •• c m u' o f,n C�.r u,n v c u n w v,u�a u u O c.w,n x 0¢ ,n.n �„u.c c s.n -¢ ✓u u v c u G u.-+e u u u w v c�v,n U n 3 u u c,n v u c c u u u,n u u c.r u ' 21 K o¢ _LD'F 2 e°o c...�.;�.�,°�e�,�m�,.,,°.,,�v. i 4 pf 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAINGER REQUEST FOR PROPOSAL NO. 192163 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS,CPPB PH: (520) 837-4137/FAX: (520)791-4735 B. Price Proposal 1. Provide a price proposal as requested on the Attachment B—Price Page. Grainger has completed Attachment B— Price Page. Core Lists a. Market Basket— Provides for the deepest discounts, as listed on the category discount sheet, on a variety of products to agencies nationwide. Products in this list represent the largest annual spend in terms of dollars and/or highest volume in terms of quantity. Pricing for Market Basket items shall be provided to all Participating Agencies. Pricing for the Market Basket will be provided to all Participating Agencies. b. Functional Alternatives — Provide items which can be substitutes for the corresponding items on the Market Basket which might provide better value but meet the same need. Items in the Functional Alternatives section of the price page will be evaluated as value-add items for the National Program. Pricing for Functional Alternatives shall be provided to all participating agencies. All functional alternates will be provided to all Participating Agencies. i. Using Attachment B, Price Page, complete the columns specified resulting in the proposed discount and net contract price for items offered nationally. Grainger has completed Attachment B, proposed discount and net contract price for items offered nationally. ii. Using Attachment B, Price Page, complete the Category Discount page listing the percentage off discount price for each category provided. Grainger has completed Attachment B category discount page. iii. How often does the Offeror propose to update this list? Are there certain products that should be updated more frequently than others? Grainger proposes to update the market basket on an annual basis per contract year. Upon mutual approval of both parties, this market basket will be active for the full 12 months of the next contract year, and Grainger will not increase the Market Basket pricing for these items during the contract year. In the event a Member Core List Item is discontinued, the parties will find a mutually agreeable replacement product and add such replacement item to the Member Core List. b. Customized Core List by Agency, individual local and state departments, and regional core lists— In addition to the National Core List, Offerors may provide customized core lists to agencies. i. Describe Offeror's ability to provide customized core lists to agencies; In addition to the Grainger Market Basket (Attachment B), we offer the ability for each RFP NO.192163 The City of Tucson&OMNIA April 11,2019 Maintenance,Repair And Operations(MRO)Supplies,Parts,Equipment,Materials& 126 Related Services Page 895 of 1743 i CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAINGER: REQUEST FOR PROPOSAL NO.192163 Inas 255 W. ALAMEDA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH:(520) 837-4137/FAX: (520)791-4735 agency to create a custom market basket. To drive additional cost savings while enhancing procurement stability, agencies can select a custom market basket consisting of products the individual agency most frequently procures. The Grainger Sales team will work with Agencies seeking to consolidate, standardize and to identify a product list and price. ii. The number of items Offeror proposes to provide on a customized core list; Grainger offers the ability for each agency to create a custom market basket unique to individual agency's needs which cannot be specific to a number of items. iii. How often does the Offeror propose to update customized core lists; Grainger proposes to update the custom list on an annual basis per contract year. Upon mutual approval of both parties this custom list will be active for the full 12 months of the next contract year. Grainger reserves the right to adjust pricing to reflect market conditions. These adjustments may include unforeseen significant increases in supplier's costs resulting from changes in laws or regulations, impositions of tariffs, currency fluctuations, increases in commodity prices, or other changes in conditions not reasonably foreseeable to Grainger. iv. Describe any agency size or volume limitations. There are no agency size or volume limitations to receive a customized core list. c. Catalog Pricing: Provide pricing for products not included in items 1.a. and 1.b. above, i. Describe how you will price catalog items that are not listed on the Market Basked list. That is, by product category, sub-product category, manufacturer, etc. Category Discounts: Our offer encompasses significant discounting across 32 MRO categories. These category discounts are applied to Grainger's Contract Reference Price (CRP). Introduced in 2017, CRP is the product pricing basis for contract customers. CRP is market-based and lower than our historic List Price and thus makes more products attractively priced and simplifies the purchasing process. CRP is stable and only subject to change three times per year. Because CRP is lower than Grainger's prior List Price, contract category discounts are also lower. It is therefore important to compare the "final" product prices, as a larger discount percentage offered by a competitor may not yield a lower final product price. For City of Tucson and OMNIA Members, CRP is found on Grainger.com when Members log into their account. The CRP at the time of purchase will be the price to which any contract discounts will be applied. The offered category discounts are fixed through the life of the contract across 32 MRO categories. Grainger Product Sourcing: The City of Tucson and Participating Public Agencies are able to purchase through Grainger's Sourcing arm, which reaches out to Grainger's network of non-catalog suppliers to provide access to over five million additional products and services. The pricing and discounts set forth above do not apply to items RFP NO.192163 The City of Tucson& OMN1A April 11,2019 Maintenance,Repair And Operations(MRO) Supplies,Parts,Equipment,Materials& 127 Related Services Page 896 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRA 19MXT ER° REQUEST FOR PROPOSAL NO. 192163 255 W. ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH:(520) 837-4137/FAX: (520)791-4735 purchased through Grainger's Sourcing arm. Pricing will be quoted on a case-by-case basis. Grainger Sourcing Terms and Conditions apply to any Sourced purchases. The pricing model for Sourced Products is based on current market conditions and is competitive for spot buy situations on a per order basis. Please see Exhibit 10 Grainger's Sourced Product Terms and Conditions. ii. Disclose the number of items in each product category and in the catalog Abrasives z 12,539 Adhesives,Sealants, and Tape i 7,430 Cleaning 1_3,612 I Electrical 1 61,900 Electronics,Appliances,and BatteriesJ 6,009 Fasteners 86,701 I Fleet and Vehicle Maintenance ; 23,653 Furniture, Hospitality and Food Service 21,751 Hand Tools 35,641 Hardware [ 40,235 F. 39,436 HVAC an Refrigeration es ' 70,035 ._.. I Lighting ? 10,255 j Lubrication ! 4,399 1 Material Handling ' 87,858 Motors 11,570 [ Office Supplies ' 11,400 Outdoor Equipment ' 8,168 Paint, Equipment and Supplies ' 53,404 �. Plumbing 56,416 Pneumatics 29,558 Power Tools ! 29,215 Power Transmission 36,070 Pumps 12,216 Safety ; 181,849 I Security 1 56,434 Test Instruments = 12,710 Welding 11,394 Machining 247,451 Emergency Preparedness i 2,368 RFP NO.192163 The City of Tucson k7 April 11,2019 Maintenance,Repair And Operations(MRO)Supplies,Parts,Equipment,Materials& 128 Related Services Page 897 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAINGER.urrr REQUEST FOR PROPOSAL NO.192163 255 W. ALAMEDA, 6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH:(520) 837-4137/FAX: (520)791-4735 d. Seasonal or Special Pricing: Describe any programs offered to promote special pricing to Participating Agencies. Grainger is offering, at a minimum, a custom core list per Participating Public Agency. This list will allow our dedicated sales staff to work directly with each Participating Public Agency to determine special pricing on specific items which may include seasonal products. 2. Describe how services proposed will be priced. Grainger will price services at 5% off the Contract Reference Price (CRP) as reflected on www.grainger.com at time of transaction ("CRP"). As Grainger adds new services to www.grainger.com and that service has a (CRP), Grainger will offer those services at 5% off the CRP. Grainger will advise the City of Tucson of any new services to be made available under the Master Agreement by providing an email to the Contract Administrator and describing the new service(s). These services will be included as part of the Master Agreement and no written amendment is necessary to include them under the Master Agreement. 3. The City's expectation is that the proposed pricing shall include delivery to Tucson and Participating Public Agencies. Based on your distribution network, explain the impact of such pricing to the City, Participating Public Agencies residing in large metropolitan areas and Participating Public Agencies residing in rural areas. Propose an optimal solution(s) that would provide Participating Public Agencies with the best pricing including freight costs. Grainger's offer for the City of Tucson and OMNIA includes standard pre-paid freight for all catalog orders to all Agencies residing in large metropolitan areas and residing in rural areas. 4. Propose a plan to adjust pricing as market conditions change. The plan must be verifiable and auditable. Identify calculation, formula, components, index, etc. As stated above in the Price Proposal Section the National Core List net prices will be held firm for 12 months from the contract award date ("Contract Year"). In the event a Core List item is discontinued, the parties will find a mutually agreeable replacement item and add such replacement item to the Core List. Grainger will review the Core List items on an annual basis to assure continued customization and relevance. This data will be based on the information accumulated throughout the term of the contract. A review of this data is critical to ensure that the City of Tucson and Participating Public Agencies continue to receive the most significant savings on the items they purchase the most. As stated above in the Price Proposal Section Member Core List individual net prices will be held firm from the date of the Member Core List implementation through the balance of the applicable Contract Year. As purchasing tendencies, market conditions or OMNIA Member habits change over the contract term Grainger will work with the OMNIA Member to update the Member Core List items to reflect those changes. Thereafter, the updated Member Core List items' net prices will be held firm through the applicable Contract Year. As stated above in the Price Proposal Section products not in the National Core List or in the Customized Core List, Category Discounts will apply to the www.grainger.com Contract Reference Price (CRP) at time of transaction ("CRP"). The CRP may change three times annually, generally on January 1, May 1 and August 1 ("Adjustment Dates") and prices for RFP NO.1921638 The City of Tucson&OMNIA . ... April 11,2019 Maintenance,Repair And Operations(MRO) Supplies,Parts,Equipment,Materials& 129 Related Services Page 898 of 1743 CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAlNGF'R" REQUEST FOR PROPOSAL NO.192163 alar . 255 W. ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH: (520) 837-4137/FAX: (520)791-4735 products priced with a Category Discount may increase or decrease as a result. Due to the wide variety of products and the number of products available in Grainger's catalog and Web site, and the raw materials used in those products, Grainger does not utilize the Consumer Price Index (CPI) as it does not perform with the specificity needed to address price increases. 5. State if pricing is most favorable offered to government agencies. Describe how your firm will ensure this contract will continually offer the best pricing available to Participating Public Agencies. Grainger's prices for items sold to Buyer will not exceed the price for the same or similar items sold to other government customers for the same of similar quantities of product in a similar product mix, under the same or similar terms and conditions. Buyer acknowledges, however, that due to the vast numbers of items sold by Seller and Seller's extensive customer base, as well as the different ways customer's structure requests for proposals and bids, Grainger cannot assure Buyer that items sold to other customers for products won't be sold at a better price or discount. Even within the Master Agreement, since Grainger will provide Customized Market Baskets as noted in 1.b. above, OMNIA Participating Agencies will receive different pricing and discounts on products. This is also true for other customers. 6. Provide details of and propose additional discounts for volume orders, special manufacturer's offers, minimum order quantity, free goods program,total annual spend, etc. Customer Specific Pricing (CSP) — In addition to the Core List Program, Grainger will offer additional competitive discounts and pricing in those cases where the City of Tucson and/or Participating Public Agencies make high volume and/or repetitive product purchases. 7. Provide information on any ordering methods — such as electronic ordering or payment via pCard or EFT — or other criteria which entitle the using agency to additional discounts off of a manufacturer's price list. If so, please provide the percentage discount. There is no further product discount than the National Core list, customized core list, category discount off of published CRP price or base CRP discount. 8. Provide your payment terms. Grainger's payment terms are NET 30. 9. As stated in the Instructions to Offerors, 7. Discounts, the price(s) herein can be discounted by NA %, if payment is made within days. These payment terms shall apply to all purchases and to all payment methods. 10. Will payment be accepted via commercial credit card? Yes No a. If yes, can commercial payment(s) be made online? q Yes—No b. Will a third party be processing the commercial credit card payment(s)? Yes No c. If yes, indicate the flat fee per transaction $ NA (as allowable, per Section 4.9 of the MasterCard Transaction Processing Rules). d. If"no"to above, will consideration be given to accept the card? � Yes No RFP NO.192163 The City of Tucson&OMN1A— ',�`Yif4} �mm�, April 11,2019 Maintenance,Repair And Operations(MRO)Supplies,Parts,Equipment,Materials& 130 Related Services Page 899 of 1743 i CITY OF TUCSON DEPARTMENT OF PROCUREMENT GRAINGER" REQUEST FOR PROPOSAL NO.192163 urrr 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PRINCIPAL CONTRACT OFFICER:JENN MYERS, CPPB PH: (520) 837-4137/FAX: (520)791-4735 11.Does your firm have a City of Tucson Business License? Yes No If yes, please provide a copy of your City of Tucson Business license. Please see Exhibit 8 Grainger's City of Tucson Business License. RFP NO.192163 The City of Tucson &OMNIA April 11,2019 Maintenance,Repair And Operations(MRO)Supplies,Parts,Equipment,Materials& 131 Related Services Page 900 of 1743 CONTRACT AMENDMENT CITY OF TUCSON DEPARTMENr OF PROCUREMEN I CONTRACT#192163 255\IV.ALAMEDA, 6TIA FLOOR,TUCSON,AZ 85701 CONTRACT AMENMEN-1 NUMBER:One,(1) P.OBOX 27210,TUCSON,AZ 85726 PAGE 1 of 1 Pt ION (520)837-4137 t FAX: (520)791-4735 jNIAg PRINCIPAL CONTRACT OFFICER. Jerin Myers ISSUE DATE:June 21,2019 MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, EQUIPMENT, MATERIALS AND RELATED SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM ONE (1): TERM AND RENEWAL Paragraph 7 (Term and Renewal) of the Special Terms and Conditions section is hereby replaced with the following-, 7. TERM AND RENEWAL: The term of the Contract shall be July 1, 2019 through December 31, 2022, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for two (2) additional one-year, periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CITY OF TUCSON. CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT THE ABOVE REFERENCED CONTRACT AMEKDMENT IS HEREBY EXECUTED THIS DAY 4, OF 2019,AT TUCSON,ARIZONA, L S' na ZtLrre_7' -,5oh e�" 'authorized to sign Date as Director of Business Services and not personally 6/V Name and "Title(typed of printed legibly) Company Name A Address U is ' , Email Address u City State Zip PDA) ( - Contact information for Sales/Account Representative for daily bsiness operations: Vii . and Title(typed or printed legibly) Ph re Num er Email Address. Page 901 of 1743 6.T CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-135-Approve and authorize the City Manager to sign a contract with Transource Services Corp based on a piggy-back of a State of Florida Alternate Contract#43211500-W SCA-15-ACS for the purchase of Datrium ControlShift SaaS software from Transource Services Corp in the amount of$35,430.30. EXPLANATION OF REQUEST: The I.T.S. Department has budgeted funds in the 2019/2020 fiscal budget to purchase Datrium ControlShift SaaS software to automate the controlled fail-over and fail-back of servers to the City disaster recovery data center from the City's Fire Station#5 data center and the Utilities data center. The City's procurement code allows this type of contract. The contract period for this contract is September 30, 2015- March 31, 2020. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In 2017, the City purchase Datrium DVX systems for the Fire Station #5 data center, Utilities data center and the disaster recovery data center. Installation of the Datrium DVX system in the three data centers has allowed the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 45 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. The addition of the Datrium ControlShift SaaS software with the existing Datrium DVX system will allow the City to automate the fail-over and fail-back of server to/from the disaster recovery data center. Currently, the City can manage these moves manually. But in a disaster situation the manual method would take much longer to complete with more chances of error. The Datrium ControlShift SaaS software allows the creation of rulebooks to automate the fail-over and fail- back of the servers to/from the disaster recovery data center. The Datrium ControlShift SaaS software also uses the rulebooks to check the configuration of the Datrium DVX systems every 30 minutes to ensure that no configuration changes have occurred that may negatively affect the fail-over or fail-back process. FISCAL IMPACT: Budgeted Funding has been approved in account 001-1510-513.49-17 in the 2019/2020 budget. ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. Page 902 of 1743 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing piggy-back Agreement with Transource D Agreement Piggy-back agreement with Transource D Agreement Transource Master Agreement D Addendum Transource Agreement®Amendment 1 D Quotes Transource® Quote D Other Agreement Price Sheet® Summary Page 903 of 1743 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING UTILIZING THE STATE OF FLORIDA COMPUTER 5 EQUIPMENT, PERIPHERALS & SERVICES CONTRACT NO. 6 43211500-WSCA-I5-ACS AND ADDENDUM NO. 1 THERETO IN 7 THE AMOUNT OF $35,430.30; AUTHORIZING THE CITY 8 MANAGER TO SIGN AN AGREEMENT WITH TRANSOURCE 9 SERVICES CORPORATION; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,the 1.T.S. Department has budgeted funds in the 2019/2020 fiscal budget 14 to purchase Datrium ControlShift SaaS software to automate the controlled fail-over and fail- 15 back of servers to the City disaster recovery data center from the City's Fire Station #5 data 16 center and the Utilities data center; and 17 WHEREAS, this Agreement allows the City to use the State of Florida Contract prices 18 to purchase computer related software; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon the 20 recommendation of staff, deems it in the best interest of the citizens and residents of the City 21 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 22 Transource Services Corporation for the purchase of Datrium Controlshift Saas software in the 23 amount of$35,430.30 at prices based on State of Florida Computer Equipment, Peripherals & 24 Services Contract No. 43211500-WSCA-15-ACS and Addendum No 1 thereto. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 28 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 29 Section 2. The City Commission of the City of Boynton Beach hereby approves C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\025EDD1D-B008-47EE-8CD8-E5A25876B7F5\Boynton Beach.18740.1.Piggy-back -_State_of Florida with Transource_(Datrium) -_Reso.docx Page 904 of 1743 30 and authorizes the City Manager to sign an Agreement with Transource Services Corporation 31 for the purchase of Datrium Controlshift SaaS software in the amount of$35,430,30 at prices 32 based on State of Florida Computer Equipment, Peripherals & Services Contract No. 33 43211500-WSCA-I5-ACS and Addendum No 1 thereto, a copy of which is attached hereto as 34 Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of November, 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 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\025EDD1D-B008-47EE-8CD8-E5A25876B7F5\Boynton Beach.18740.1.Piggy-back -_State_of Florida with Transource_(Datrium) -_Reso.docx Page 905 of 1743 COMPUTER EQUIPMENT AGREEMENT This Agreement is made as of this day of , 2019 by and between TRANSOURCE SERVICE CORPORATION., 2405 W. Utopia Road, Phoenix, AZ 85027 ("TSC" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the City purchased Dtrium DVX systems for Fire Station #5 data center, Utilities data center and the disaster recovery data center in 2017; and WHEREAS, the addition of the Datrium ControlShift SaaS software with the existing Datrium DVX system will allow the City to automate the fail-over and fail-back of server to/from the disaster recovery data center. Currently, the City can manage these moves manually. But in a disaster situation the manual method would take much longer to complete with more chances of error. WHEREAS, TSC, has agreed to allow the City to piggy-back the State of Florida Computer Equipment Master Services Agreement and Addendum No 1, Alternate Contract Source No. 43211500-WSCA-I5-ACS for the purchase of Datrium ControlShift SaaS software from Transource Services Corp through March 31, 2020 in the amount of$35,430.30 at prices based on State of Florida contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and TSC agree that TSC shall provide Datrium ControlShift SaaS software from Transource Services Corp through March 31, 2020 in the amount of$35,430.30 at prices based on State of Florida Computer Equipment Master Services Agreement and Addendum No 1,Alternate Contract Source No. 43211500-W SCA-I5-ACS, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to State of Florida, shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\80BE5116-D6CB-409F-AF85-2B8EBF798A8A\Boynton Beach.18739.1.Piggyback (State)_Datrium_(Transource)_Agmt.Docx Page 906 of 1 743 B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\80BE5116-D6CB-409F-AF85-2B8EBF798A8A\Boynton Beach.18739.1.Piggyback (State)_Datrium_(Transource)_Agmt.Docx Page 907 of 1 743 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. CITYCLERK@BBFL.US Section 3. In the event that the State of Florida Contract is amended, or terminated, TSC shall notify the City within ten (10) days. In the event the State of Florida Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. TSC agrees that in the event it enters into a Contract for the same(or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\80BE5116-D6CB-409F-AF85-2B8EBF798A8A\Boynton Beach.18739.1.Piggyback (State)_Datrium_(Transource)_Agmt.Docx Page 908 of 1 743 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the State of Florida Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney TRANSOURCE SERVICE CORPORATION WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\80BE5116-D6CB-409F-AF85-2B8EBF798A8A\Boynton Beach.18739.1.Piggyback (State)_Datrium_(Transource)_Agmt.Docx Page 909 of 1 743 EXHIBIT A CONTRACT BETWEEN STATE OF FLORIDA AND TRANSOURCE SERVICE CORPORATION Page 5 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\80BE5116-D6CB-409F-AF85-2B8EBF798A8A\Boynton Beach.18739.1.Piggyback (State)_Datrium_(Transource)_Agmt.Docx Page 910 Of 1 743 STATE OF MINNESOTA Materials Management Division 112 Administration Building ` livnese)b 50 Sherburne Avenue •• ; DEPARTMENT OF ADMINISTRATION St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation CONTRACT NO: MNWNC-130 2405 W. Utopia Road Phoenix,Arizona 85027 CONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: executed signatures, Curtis Wescott whichever is later Email: curtisw transource.com Phone: 623.879.8882 ext 24 Through March 31, 2017 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation,which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating.Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4.the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. i IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat.§16C.03,subd.3. executed this Agreement on behalf of the Contractor as required by applicable a ' s,byl "p 'ons,or ordinances. By: ag (t BY: I `-� i Title: Master A reem ntAdministrator Pllntetl Tide: re, ' mcunac Date: i Date: ' By: Signature 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Pfted Nems Or delegated representative. Title: By: Date: Date: Orlainal signed FEB 2 6 2015 i BY Lucus I Janneff 1 CONTRACT NO. MNWNC-13D MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 911 of 1743 COMPUTER EQUIPMENT .,. . 2014-2019 , DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS............................................... SUMMARY......................................... EXHIBIT A-TERMS&CONDITIONS............................................... EXHIBITB-PRICING....................................................................................................................................................23 EXHIBIT B-PRICING SCHEDULE.................................................................. .........................................................25 EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) .....................................................................................26 EXHIBIT D -WEBSITE............................. EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF)............................................................................................28 EXHIBITF-REPORTING..............................................................................................................................................30 EXHIBITG-DEFINITIONS............................................................................................................................................31 C i i 2 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 912 of 1743 i COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY i 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award.After evaluation by a multi--state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment(Desktops, Laptops,Tablets, Servers,and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 4: Server Band 2: Laptop Band 5: Storage Band 3: Tablet The original solicitation included Band 6: Ruggedized.This band has been removed and ruggedized equipment will be allowed in Bands.1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA)at the option of Participating States.Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as j allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the I purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 913 of 1743 5. RESTRICTIONS.The following restrictions apply to the Master Agreement.A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf(COTS)software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b.Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c.Third Partv Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d.Additional Prod uctlServices 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. i I i I I I I 4 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 914 of 1743 COMPUTER EQUIPMENT ^.� .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues.A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions.Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms,specifications and WSCA-NASPO Terms&Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE. a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. S. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 915 of 1743 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that contain conflicting,false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahle state.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR .All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. if the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat, § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State,its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP,the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time.Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter,fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements,the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD,COMPLETE,AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 916 of 1743 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, j b. gives the Lead State something significantly different from that-which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 I f l i I 7 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 917 of 1743 MASTER AGREEMENT TERMS AND CONDITIONS i B. WSCA-NASPO TERMS AND CONDITIONS j 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent(0.1%or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later.than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services(less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. i. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state.All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's responsp to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS.The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of tyle WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which rpay accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. � 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Co'ptract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option,the right to control any such litigation on such claim for relief or cause of action. 5. ASS IGNMENTISUBCONTRACT. Contract Vendor shall not assign, sell,transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date 4)f the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attendi09 any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per Default and Rernedies term. 7. CONFIDENTIALITY NON-DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential a CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION I I Page 918 of 1743 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a)any Participating Entity records; (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software)that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that(a) is or becomes(other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Informatiop necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Iniunctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Participatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction(Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding,to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity,the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an 8 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUfPMENT TRANSOURCE SERVICE CORPORATION Page 919 of 1743 opportunity to cure the default. The Lead.State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and j ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. i 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION—INTELLECTUAL PROPERTY., DELETED SEE SECTION 2C17. 16. INDEPENDENT CONTRACT VENDOR.The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any casts allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure.to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 920 of 1743 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability,with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty(30)days prior written notice, and (iii)provides that the Contract Vendors liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty(30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty(30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED—SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping.labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities, etc.,)for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial Obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities(including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days Following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 921 of 1743 i 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision"Purchasing Card"with no additional.charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government(including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency,to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. i The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at http://www.naso.or MNCPO/Calculator.as x. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is stili required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall afro report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom,jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed safes data report is in Section 6,Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 922 of 1743 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free,transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement)shall determine whether all Products and Services delivered meet the Contractor's published specifications(a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Semite,the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. h. Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents,whether in tangible or electronic forms, prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement.The Contract.Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. l b. Rights, Title and Interest.All rights, title, and interest in all of the intellectual property rights, including copyrights, patents,trade secrets,trade marks, and service marks in the said documents that the Contract Vendor conceives or originates,.either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials.Where applicable, I works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered"works for hire' as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create.The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 923 of 1743 not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a)the Product performs according to the specifications (b)the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is designed and manufactured in a commercially reasonable manner, and (d)the Product is free of defects. For third party products sold by the Contract Vendor,the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist-the customer in engaging the manufacturer on warranty and maintenance issues: Upon breach of the warranty, the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. i I i i i I i i i i 94 CONTRACT NO. MNWNG-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 924 of 1743 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action j ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and i conditions. i 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010,which entails, in part, the Web Content Accessibility Guidelines(WCAG)2.0(Level AA) and Section 508 Subparts A-D which can be viewed at htto:I/www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oettpolicies-and-standards/acceasiLbLlilty/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT(ADA). DELETED. G. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof,the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract j Vendor shall include a provisionrequiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related j to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 925 of 1743 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, . person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. i f 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any.lower tier covered transaction [subcontract f equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. Aartici ant in a covered transaction p p ct on ma rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the.eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. frothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS.The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement.The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 926 of 1743 established Contract Vendor in order to meet the.Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.ciov/ruies/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to ! request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranettinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response,the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request,the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,.(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13(and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations,the Contract Vendor must provide Material Safety.Data Sheets regarding those substances.A copy must be included with each delivery. 16. HUMAN RIGHTWAFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 927 of 1743 award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn: Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. §363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner)as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event.A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. §363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. §363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 928 of 1743 i by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. i 17. INDEMNIFICATION The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents,employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor.The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability(including legal fees) arising out of such a claim,whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur,the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto; shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAI_ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards : i a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION i Page 929 of 1743 These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. ! � 22..NOTICE TO RESPONDERS. Pursuant to Minn. Stat. §270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number.Thisinformation may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. f 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest.An organizational conflict of interest exists when, because of existing or planned activities.or because of relationships with other persons: • a Contract.Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. i The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default.The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms"Contract,""Contract Vendor," "Master. Agreement", "Master Agreement Administrator" and"Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components,Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components"shall include, but are not limited to, Contract Vendor's firewalls, switches, routers,wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data"shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services,or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations;will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 26. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall I continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG)businesses and certified economically disadvantaged(ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first$500,000 of the response to 20 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 930 of 1743 the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under"Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included. in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd.6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service,as indicated by the person's United States Department of Defense fond DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at any by the United States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first$500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. i 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m.to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. I 29. PURCHASE ORDERS.The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 931 of 1743 i I f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to.result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising i. under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and. practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 I I 22 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 932 of 1743 COMPUTER EQUIPMENT lit( j�n�ira� a 2014-2019 UEAART'MENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. i 2. PRICE STRUCTURE.The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all"quantity one" procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE.These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. i 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website.All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS). The Product.and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Cgntract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated 4 ase line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE.PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES. Services are at the option of the Participating Entity, The Participating Addendum by each State may address service agreement terms and related travel 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 933 of 1743 12. LEASING.The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authorityao enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to"address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY.Delivery of ordered product should be completed within thirty(30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. i i i i 24 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 934 of 1743 COMPUTER EQUIPMENT .., .. livnesen 2014-2019 DEPARTMENT OF ADMINISTRATION i i. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 1. B.SELINE PRICE LIST: TRANSOURCE MSRP LINK: hfto://www.transource comicustamers/wsca/BasePriceSheet.as 2. BAND DISCOUNTS—(CATEGORY EXCEPTIONS APPLICABLE IN ALL BANDS) CATEGORY MINIMUM DISCOUNT BAND 1 DESKTOP 43211507 4% I BAND 2 LAPTOP 43211503 BAND 3 TABLET 1 1,� i BAND 4 SLRVER 43211501 i BAND 5 STORAGE. 1 s CATEGORY EXCEPTION: Product Promotions 1% IMPORTANT: The minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside deliverfee must be char ed,the Contract Vendor will notify the customer in advance. 3 THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) 43211724 10% i 4 SERVICES Se.'rvlces;are atthe option of ParticipatingZtates.Participating Addendums 6y each`State irnay address servrceiagreen ent _tennis and;related travel:.States may,negotiate additional services TFie majority of manufacturer'$.hardware includes a;three year warranty. Customer may:purchase warranty upgrades for certain hardware as offered For standard warranty Infocmatror` htt" ./ transiDurce.comisupbortideftiUlt.aso Accidental Damage—Complete Care: $150 Break/fix non warranty: $75/hour Desktop Installation: (options: copper, sterling and turquoise—see website for details) Copper--$25 Sterling Silver=$40 Turquoise=$75 Training$65/hour INCLUDED. 3 year warranty,`image loading, image consulting, asset tagging, consulting,stogingldeployment(products. needin sta in . nor to.deployment Will' .:be stored in contract vendor warehouse at no additional;cost 5. LEASING Contract Vendor does not offer leasing. I i 6. ADDITIONAL DISCOUNTS—Request a quote for discounts on bulkivolume purchases. a. Per Transaction Multiple Unit: Over$250,000= up to 1.5% additional on Transource systems from Baseline Pricing or.5%on peripherals Over$500,000= up to 2% additional on Transource systems from Baseline Pricing or.75% on peripherals Over$1 million-up to 3% additional on Transource systems from Baseline Pricing or 1%on peripheral b. Cumulative Discounts are based on Total Master Agreement Sales: Over$20 million—Additional .5%from Baseline Pricing Over$50 million—Additional 1%from Baseline Pricing Over$100 million--Additional 1.5%from Baseline Pricin c. Annual Volume Discounts: Over$2 million—Additional .5%from Baseline Pricing Over$5 million—Additional 1%from Baseline Pricing Over$10 million—Additional 1:5%from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION it Page 935 of 1743 AIt I COMPUTER EQUIPMENT ... .. 2014-2019 ^ ' DEPARTMENT Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales.The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the startof sales and containing the following information: a. Band number b. Part#-SKU# c. Manufacturer d. Description e. Minimum Discount f. Category Code(This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. i 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 936 of 1743 i COMPUTER EQUIPMENT . IT1 6tv 2014-2019 ' A' DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award,the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect,the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form.The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule(PSS) c) Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four(24) hours per day, seven (7)days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww,se"ov/rules/final/2012/34 67716.pdf. q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 937 of 1743 I i I COMPUTER EQUIPMENT .. 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide i quarterly updates of PSS and to make requests.The Action.Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement# with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. F Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product&Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition Provide warranty Guarantee _Marketing Approval Attach Materials for review _Material Website Change Describe and provide link for review _Miscellaneous inquiry Provide detail (e.g. key contact change, etc.) 'r The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance.Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 938 of 1743 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OFADMMISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD f EXHIBIT E - ACTION REQUEST FORM (ARF) l ACTION REQUEST FORM F LOG h Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): t DATE: f DATE DATE j SUBMITTED ACTION REQUESTED: APPROVED i 1 I'l IIC 4 29 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 939 of 1743 i 1'ylLyl COMPUTER EQUIPMENT .. 2014-2019 • DEPARTMENT OF AwNisrRATloN MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING I 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. I 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. FROM TO DUE: Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose& Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- i NASPO NASPO 1) Go to: http:l/www.naspo.orgtVVNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select"no sales for quarter" checkbox 4)Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package(PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit I 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 940 of 1743 JAW h- , COMPUTER EQUIPMENT 11111®S4f 2014-2019 DEPARTMENT Of ADMfNISTRATfON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation,there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product.Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1)the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. .A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Deyi..es Fn aloe. be e fered. ..rfer-..ar..-e 1 6 of thea Master Agreement BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources,software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location.A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 941 of 1743 i r 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy.Star qualified computers and monitors automatically power down to 15 wafts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.enerciystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard-the IEEE 1680 EPEAT standard—and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of.performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures.surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.aov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use.A laptop includes a j display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission.of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply pp y to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software"glue"that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment ora feature that may be chosen as an addition to or replacement for standard equipment i and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases,local governments, political subdivisions or other entities in a State maybe authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum.is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State,to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and Conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners,fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 942 of 1743 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peri pheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade(keep pace with the advance of technology)the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http:llwww.wnpsp.com/index.htmi. Purchasing Entity—means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management, recycling/disposal,training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications(as a host)to serve the needs of the users of other computers on a network.This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network(or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud:services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode,firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN.. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 943 of 1743 a _ A sa i►.. aia:# . gWifkxk- t 4-0. 41 fht-c vii,ant _. -=*:. ;fit. `.._ „- 4 F' i We .. . C=: :. �f !. X WCVV aFTs flit we&mwhm mw:A, i=,aw am _ 12 60.6,axia wt t Tie lid ... s : .... .:.:;:Of1 4*5 x'10 1st !1^l t, gsit 62 I i E e n 1 rtg: r s . h d( a �dt t ray t t:us by owing iff gr fs66, 27 . 9 If Page 944 of 1743 CERTIFICATE OF LIABILITYDATEIMMIDDIYYYYI INSURANCE 02/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERWillie of Arizona, Inc. CONTACT NAME: c/o 26 Century Blvd PHONE FAX P.D. Box 305191 C E . -877-945-7378 RfG No:1-888-467-2375 -MAIL Piashville, TN 372305191 USA EADDRESS:certificatae@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSUREDINSURERA:Atlantic 5 ecialt Insurance Co an 27154 Traneoltrce Service Corporation DBA: Transource computers INSURER B 2405 W Utopia ltd INSURER C., Phoenix, AZ 85027 INSURER 0: INSURER E: INSURER F; 1 COVERAGES CERTIFICATE NUMBER W767791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMlUOYlYYYY P_0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR DA AGE REN D A PREMISES Ea occurrence $ 500,0)( Y MEO EXP(Any one person) $ 10,00071,o .......02 0,000711013251-0002 04/15/2014 04/01/2015 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,ppp X POLICY❑JECT LCC PRODUCTS-COMP/OPAGG $ 21000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ Per acGdent UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ QED RETENTION$ $ WORKERS COMPENSATION A AND EMPLOYERS'LIABILITY Y!N X STATUTE ERH ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 406-D4-18-06-0000 04/01/2014 04/01/2015 If yes,describe under E.L.DISEASE-EA EMPLOYE $ 1,000,ODO DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: RFP Computer Equipment: Weaktops, Laptops, Tablets, Servers, Storage, Ruggedized Devices including related Peripherals 6 Services) State of Minnesota is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN to of Minnesota ACCORDANCE WITH THE POLICY PROVISIONS. Sta Materials management Division AUTHORIZED REPRESENTATIVE 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 ©7988-2094 ACORD CORPORATION. All rights reserved. ACORD 26(2094109) The ACORD name and logo are registered marks of ACORD SR ID:5417914 BATCH:Batch #: 114193 Page 945 of 1743 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aVANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement, Refer to the individual provisions to determine the extent of your coverage. SCHEDULE OF COVE=RAGE EXTENSIONS 1. Additional Insured—Broad Form Vendors 8, Coverage Territory—Worldwide 2. Additional Insured—by Contract,Agreement or 9. Duties in Event of Occurrence,Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you tease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non-Owned Aircraft 5. Bodily Injury Redefined—Menta!Anguish 16. Non-awned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers'Goods o Use of Elevators 1. ADDITIONAL INSURED--BROAD FORM VENDORS Section II—Who Is An Insured is amended to include as an additional insured any person(s)or organization(s) (referred to below as vendor)with whore you agreed in a written contract or agreement to provide insurance, but only with respect to"bodily Injury"or"properly damage"arising out of"your products"which are distributed or sold in'the regular course of the vendor's business,subject to the following additional exclusions: a. This provision 1.does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4.or 6.;or VCG 207 07 00 Includes copyrighted material or Insurance services office,Inc. Page 1 of 7 Copyright 2009, MI!!!!I!I!I!!!!!!I1 Page 946 of 1743 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products-completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 2. ADDITIONAL_INSURED—CONTRACT,AGREEMENT OR PERMIT a, Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s)with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for"bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of"your work"for the additional insured(s) at the location designated in the contract, agreement or permit;or 2. In the maintenance, operation or use of equipment leased to you by such person(s)or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract,agreement or permit. b. The insurance provided to the additional insured herein is limited.This insurance does not a pplY: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy;and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage",or"personal and advertising Injury"; i 2. To any person or organization included as an insured under the Additional insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. . To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or (b) Supervisory,inspection,architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased;or (c) Managers or lessors of premises if: (1) The"oocurrence"takes place after you cease to be a tenant in that premises;or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. S. To"bodily injury,or"property damage"occurring after: (a) All work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of insurance Services office,Inc. VCG 207 07 08 copyright20a9,Ill1111!llrlf±I11I!!I!I!III!f!I±!I±I!irlll!I!1i111 Page 947 of 1743 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or"suits"brought;or 3. Persons or organizations making claims or bringing"suiw'. 'These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III —Limits of Insurance,the General Aggregate Limit applies separately to each of your "locations"owned by or rented or leased to you. b. Under Section V—Definitions,the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway,waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Bights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products-completed operations hazard". This ! waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury"or"property damage",that requires you to waive your rights of recovery. S. BODILY INJURY REDEFINED—MENTAL ANGUISH Under Section V,the deflnition of"bodily injury"is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. S. BROADENED NAMED INSURED Section 11—Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 1130th day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE— BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for"property damage"liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; Jb) Personal property in the care, custody or control of the insured; and (C) That particular part of any property that must be restored, repaired or replaced because "your work"was incorrectly performed on it do not apply to "properly damage"to "customers' goods"while on your premises nor do they apply to "property damage"arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods"is$35,000 per"occurrence". VCG 207 07 08 Includes copyrighted material of Insurance Services OtNoe,Inc. Page 3 or 7 Copyright 2009, !!!±!±!!!±!!Il111[±!!!!±!!±!!!±!Il±1!!111!!!1±w! Page 948 of 1743 b. Under Section V—Definitions,the following definition is added: "Customers' Goods"means goods of your customer on your premises for the purpose of being: 1. Repaired;or 2. Used in your manufacturing process. j f i c. The insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deduccdbie) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY—WORLDWIDE i The definition of"coverage territory"Is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America(including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following j paragraphs: a. The requirements that you must 1. notify us of an"occurrence"offense,claim or"suit"and 2. send us documents concerning a claim or"suit" apply only when such "accident"claim,"suit"or"loss"is known to: I. You,if you are an individual; i 2. A partner, If you are a partnership; 3. -An executive officer of the corporation or insurance manager,it you are a corporation;or 4. A manager, if you are a limped liability company. b. The requirement that you must notify us as soon as practicable of an"occurrence"or an offense that may result in a claim does not apply if you report an "occurrence"to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence' Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY(PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury"or"property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE—EMPLOYED PHYSICIANS, NURSES,EMT%AND PARAMEDICS a. Under Section Il —Who Is An Insured,the paragraph that excludes an employee or volunteer worker as insured for"bodily injury"or"personal and advertising injury"arising out of his or her providing or failing to provide professional health care services does not apply to a physician,dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical,surgical,dental,x-ray or nursing services. b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by as will follow the Other Insurance—Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS—INCREASED LIMITS AND TIME PERIOD In the insuring Agreement under Coverage C— Medical Payments,the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years_ a. The Medical Expense Limit is $15,000r pe person or the amount shown in the Declarations as the Medical Expense Limit,whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Rage 4 of 7 Includes oapyrlghted materiel or Insurance Services Office,Inc. VCG 207 OT 09 copyright2U49,!!I}IFf11111}ill}I}}11111111111111llllll�llllltill Page 949 of 1743 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the"mobile equipment"definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered"mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II —Who Is An Insured,the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of thecurrent policy period. 15. NON-OWNED AIRCRAFT The Aircraft,Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired,chartered or loaned with a paid crew;and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL_LIABILITY CONDITIONS. 16. NON-OWNED WATERCRAFT a. Section If—Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who,With your expressed or implied consent,either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury"to a co"employee"of the person operating the watercraft;or 2. "Property damage"to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability,the limitation on the length of a watercraft Is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (ncluding any deductible-or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of"personal and advertising injury"are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or. (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for others. I VCG 207 07 09 Includes copyrighted material of insurance Services Office,Inc. Page 5 of 7 Copyright 2009, Page 950 of 1743 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The'Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls"initiated;or (c) Number of"your products"recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all"product recall expenses"incurred for all "covered recalls"initiated during the policy period. 3. Subject to 2.above, the Each Product Recall Limit is the most we will reimburse you for the sum of all j "product recall expenses"arising out of any one"covered recall"for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of"product recall expenses"in excess of the deductible amount shown in the Product Recall Schedule. i Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit .$50,000 ' Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Limits of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV—Conditions: You must see to it that the following are done in the event of an actual or anticipated"covered recall"that may result in"product recall expense": j 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of"your product"and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect"your product"that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within SO days after our request.We will supply you with the necessary farms;and 5. .Permit us to examine any insured under oath,while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted material of insurance SaMoss office.Inc. VCG 207 07 09 Copyrlght2009, !!!!111111]!IHii111111111111111111l11lIiiI1111111 Page 951 of 1743 c. The following definitions are added to the Definitions Section: j 1. "Covered recall' means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition In 'your product"has resulted in or will result in "bodily injury"or"property damage". 2. "Product Recall Expense"means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling"your product": (1� For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular"employees"for necessary overtime; (4) For hiring additional persons, other than your regular"employees'; (6) Incurred by"employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or"property damage"as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense"does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality,durability or performance; (3) Lass of customer approval,or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; i (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance;and (7) Redall of 'your products"that have no known or suspected defect solely because a known or suspected defect in another of'Your products"has been found 19. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS Under Section i -Coverages,Supplementary Payments-Coverages A and 13, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of Insurance Services Office,Inc. Page 7 of 7 Copyright 2409,11111IN11f11111!111111111111111111111111) MIIII Page 952 of 1743 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. I A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b, 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. 5. , If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels,the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. 6, if notice is mailed, proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. I C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first j Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent.This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Concealment,Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property;or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- dod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find;and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public.And we do not warrant that conditions: 1.. Are safe or healthful;or 2. Comply with laws,regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections,surveys, reports or recommendations. VIL 40102 05 Includes copyrighted material of Insurance Services Office,Inc. Pagel of 2 Copyright 2004,11IIIIIIIIIIIIIIIIII!!IIIIIIIIII!III11111I!IIII!I! Page 953 of 1743 . • i • G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period,the broadened coverage will immediately apply to this policy. H. Premiums 1. All Named Insureds shown in the Declarations are jointly and severally liable and responsible for the pay- meet of all premiums. 2. The first Named Insured shown in the Declarations will be the payee of any return premiums we pay. 1. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only.At the close of each audit pe- riod we will compute the earned premium for that period.Audit premiums are due and payable on notice to the first Named Insured. if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium,we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. K. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with re- spect to the coverage afforded by this policy, provided such failure or omission is not intentional. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonre- newal. i i i Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc. VIL 00102 05 i Copyright 2004,11!11!11!!111111!!111111111!1!11!1!1!11111111111!1 Page 954 of 1743 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Transource Service Corporation ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor Page 955 of 1743 shall of all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. Ill. Annual Appropriation.The Participating Addendum is amended to add the following: Pursuant to section 287, ., if the ACS binds the State or an agency fort purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.&, Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Contract.The Contractor will retain such records for five years after the expiration oft Contract, or the period required by the General Records Schedules maintained by the Florida Department of State(available at: http://dos.myfladda.com/library- arch[ves/records-management/general-records-scheduleso, whichever is longer. The Contractor agrees tori rs the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractot's compliance With the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime;travel and lodging expenses, and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. V1. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Transource Service Corporation Department ofManagemen By: e es �PC By: Name: Erin Rock Name: urfiscstt Title: Chief of Staff Title: NASPO ValuePoint Contract nr Date: Date: _22tjk22jj_ Page 2 of 2 Page 956 of 1743 Transource Services Corp SALES 2405 W. Utopia Road Phoenix, AZ 85027 QUOTATION Original 71: Quotation No.: 327002 Quotation Date: 10/15/19 Due Date: 11/15/19 Customer No.: C990331 Customer Ref. No.: Page No.: Page 1 of 1 ...�...�...�...�...�...�...�...�.�.w..,......................�.-.-.-.-.-.-.-.. �...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�...�.-.-.-.-..--w.-.. BILL TO SHIP TO City of Boynton Beach City of Boynton Beach PO Box 310 PO Box 310 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd Boynton Beach FL 33435 Boynton Beach FL 33435 Account Rep: Barb Sullivan Contact Name: Charles Stevens Ship Via: Terms: Net 30 FOB: FOB Destination w.w....w....w......_.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w......w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w. Line Item No. Description Qty Unit Price Total 1 NVP NASPO ValuePoint MPA#MNWNC 130 1 2 NVP-FL State of Florida PA#43211500-WSCA-I5-ACS 1 3 TSC-ITEM Datrium ControlShift SaaS Base, 15 VM Pack, 1YR term promo 1 $23,055.00 $23,055.00 MFR# LICCSBS15VMlYRP 4 TSC-ITEM Datrium ControlShift,Additional VM, 1YR term promo 30 $412.51 $12,375.30 MFR# LIC CS ADD VMIYRP # SBA certified"American Small Manufacturer" Subtotal $35,430.30 Shipping Tax Total Order Value $35,430.30 Remarks: PT BlueAlly Phone: (623)879-8882 Fax: (623)879-8887 E-Mail: barbst7atransource.com Website: www.transource.com )(1 PC) Page 957 of 1743 PART# BAND CATEGORY MANUFACTURER LIC-CS-BS-I5VM-IYR-P 1 51 71151106 Datrium LIC-CS-ADD-VM-IYR-P 1 51 71151106 Datrium Comple Page 958 of 1743 DESCRIPTION BASE LIST PRICE NASPO PRICE Datrium ControlShift SaaS Base, 15 VM Pack, 1YR term Promo $ 33,535.00 $30,182 Datrium ControlShift,Additional VM, 1YR term Promo $ 600.00 $540 to Price List can be located at http://www.transource.com/customers/naspo_2015/ Page 959 of 1743 ADD =A DELETE _ D NASPO PRICE MINIMUM REDUCED DISCOUNT Third Party = R 10% y A 10% y A Page 960 of 1743 6.U. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-136-Approve and authorize the City Manager to sign the Developer's Agreement with Knuckles, LLC for the granting of a ten (10) ft. public utilities easement along SE 23rd Avenue on the developer's property and a twenty (20) ft. by twenty (20)ft. public utilities easement located adjacent to SE 23rd Avenue on the southwest corner of Lot 5 of the developer's property for the City's construction of sanitary sewer and lift station improvements as required by the Conditions of Approval for the Taco Bell project located at 2319 Federal Highway. EXPLANATION OF REQUEST: As part of the development of the Taco Bell project located at 2319 Federal Highway, Utilities would like to relocate existing wastewater Lift Station No. 412, which is currently located within the roadway of SE 23rd Avenue, onto the developer's property at the City's expense. The developer, Knuckles, LLC, has agreed to grant public utilities easements on the developer's property to accommodate the relocated sanitary sewer and lift station. This complies with the Conditions of Approval for the project. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintenance of the existing Lift Station No. 412 is difficult due to its location within the roadway of SE 23rd Avenue. Repairs to the lift station often require roadway closures which disrupt traffic at the intersection of SE 23rd Avenue and Federal Highway. In addition, Palm Beach County is planning the installation of a new mast arm for the traffic signal at the intersection and the addition of a new turn lane on SE 23rd Avenue. These improvements will require the existing electrical control panel for Lift Station No. 412 to be relocated. Relocation of the sanitary sewer, lift station, and control panel onto Knuckles, LLC's property will provide more reliable wastewater service for the area and improved access for Utilities staff. FISCAL IMPACT: Budgeted There is no fiscal impact to the City for the execution of the Developer's Agreement. Funding for the construction of the sanitary sewer and lift station improvements is available in the Utilities CIP account. ALTERNATIVES: Not approve the Developer's Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 961 of 1743 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Developers Agreement with Knuckles LLC for the Taco Bell project D Agreement Developer's Agreement Page 962 of 1743 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 THE DEVELOPER'S AGREEMENT WITH 6 KNUCKLES, LLC FOR THE GRANTING OF A TEN (10) FT. 7 PUBLIC UTILITIES EASEMENT ALONG SE 23RD AVENUE ON 8 THE DEVELOPER'S PROPERTY AND A TWENTY (20) FT. BY 9 TWENTY (20) FT. PUBLIC UTILITIES EASEMENT LOCATED 10 ADJACENT TO SE 23RD AVENUE ON THE SOUTHWEST 11 CORNER OF LOT 5 OF THE DEVELOPER'S PROPERTY FOR 12 THE CITY'S CONSTRUCTION OF SANITARY SEWER AND LIFT 13 STATION IMPROVEMENTS AS REQUIRED BY THE 14 CONDITIONS OF APPROVAL FOR THE TACO BELL PROJECT 15 LOCATED AT 2319 FEDERAL HIGHWAY; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 WHEREAS, as part of the development of the Taco Bell project located at 2319 19 Federal Highway, Utilities would like to relocate existing wastewater Lift Station No. 412, 20 which is currently located within the roadway of SE 23rd Avenue, onto the developer's 21 property at the City's expense; and 22 WHEREAS, the developer, Knuckles, LLC, has agreed to grant public utilities 23 easements on the developer's property to accommodate the relocated sanitary sewer and lift 24 station which complies with the Conditions of Approval for the project; and 25 WHEREAS, relocation of the sanitary sewer, lift station, and control panel onto 26 Knuckles, LLC's property will provide more reliable wastewater service for the area and 27 improved access for Utilities staff, and 28 WHEREAS,the City Commission has determined that it is in the best interests of the 29 residents of the City to approve and authorize the City Manager to sign a Developer's 30 Agreement with Knuckles, LLC for the granting of a ten (10) ft. public utilities easement 31 along SE 23rd Avenue on the Developer's property and a twenty (20) ft. by twenty (20) ft. 32 public utilities easement located adjacent to SE 23rd Avenue on the southwest corner of lot 5 33 of the Developer's property for the City's construction of sanitary sewer and lift station 34 improvements as required by the Conditions of Approval for the Taco Bell project located at 35 2319 Federal Highway. 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 37 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA3CA632B2-DA49-40D4-BA21-A75BF4CE90FF\Boynton Beach.18882.1.Developers_Agreement_with_Knuckles_(Taco_Bell)-_Reso.docx Page 963 of 1743 38 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution upon adoption 40 hereof. 41 Section 2. The City Commission does hereby approve and authorize the City 42 Manager to sign a Developer's Agreement with Knuckles, LLC for the granting of a ten (10) 43 ft. public utilities easement along SE 23rd Avenue on the Developer's property and a twenty 44 (20)ft. by twenty (20)ft. public utilities easement located adjacent to SE 23rd Avenue on the 45 southwest corner of lot 5 of the Developer's property for the City's construction of sanitary 46 sewer and lift station improvements as required by the Conditions of Approval for the Taco 47 Bell project located at 2319 Federal Highway, a copy of which is attached hereto as Exhibit 48 "A". 49 Section 4. This Resolution shall become effective immediately upon passage. 50 51 PASSED AND ADOPTED this day of , 2019. 52 53 CITY OF BOYNTON BEACH, FLORIDA 54 YES NO 55 56 Mayor— Steven B. Grant 57 58 Vice Mayor—Justin Katz 59 60 Commissioner—Mack McCray 61 62 Commissioner—Christina L. Romelus 63 64 Commissioner—Ty Penserga 65 66 VOTE 67 ATTEST: 68 69 70 Crystal Gibson, MMC 71 City Clerk 72 73 74 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA3CA632B2-DA49-40D4-BA21-A75BF4CE90FF\Boynton Beach.18882.1.Developers_Agreement_with_Knuckles_(Taco_Bell)-_Reso.docx Page 964 of 1743 This Document Prepared By: James Cherof, Esquire,City Attorney City of Boynton Beach 2201 Quantum Boulevard Boynton Beach,Florida 33426 Record and Return To: Les H. Stevens, Esquire Les H. Stevens, P.A. 5301 N. Federal Highway, Suite 130 Boca Raton,Florida 33487 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of tZ7*,0/'Z 20 11, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City") whose address is 3301 Quantum Boulevard, Boynton Beach, Florida 33426 and KNUCKLES, LLC, a Delaware limited liability company (or replace with other company designation) ("Developer") whose address is 5300 Broken Sound Boulevard, NW, Suite 110, Boca Raton, Florida 33497. RECITALS: A. Developer is the owner of that certain real property located at 2')19 South Federal Highway, Boynton Beach, Florida 33435 containing +/-1. acres in Boynton Beach, Florida, being more particularly described on Exhibit A (the "Subject Property"); and B. Developer intends to develop a portion of the Subject Property as a commercial development to be known as Taco Bell(the "Project") as depicted on to th certain site plan prepared byC&WS L,j, p J55�16,IA144egiAar-, dated and AWD rxvs 16-tl C. The City and Developer desire to set forth the following special terms and conditions with respect to the development of the Project as provided for herein. NOW, THEREFORE, for and in consideration of the above premises, the promises and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and the City agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein as material provisions of this Agreement. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3. Obligations and Commitments. Construction of Wastewater Improvements. Developer and the City agree to the following: Developer's Agreement—Tam Bell I Page 965 of 1743 (a) Developer shall grant a ten (10) ft. non-exclusive public utilities easement along SE 23rd Avenue of the subject property as shown in Exhibit B. The easement shall be recorded with Palm Beach County. (b) Developer shall provide a twenty (20) ft. by twenty (20) ft. public utilities easement for a wastewater lift station located adjacent to SE 23,d Avenue on the southwest corner of Lot 5, within the boundary setback. Future access to the lift station easement for City vehicles and equipment shall be from SE 23rd Avenue. The easement shall be recorded with Palm Beach County. (c) Prior to the commencement of construction pursuant to Paragraphs 3(a) or 3(b) hereinabove, upon request of the City, Developer shall provide access in and around the easement area during construction, which Developer shall not unreasonably deny; however, may require the City to be responsible for any damage to the surrounding property as a result of said temporary access, including replacement of grass and/or landscaping. 4. Time Period. This Agreement shall remain in effect for a period of three (3) years from the date hereof. Any provision of this Agreement that imposes a maintenance obligation for Developer and its successors after expiration of this Agreement shall survive the expiration of this Agreement. 5. Binding Effect and Successors. This Agreement shall run with the Subject Property and the rights and the obligations under this Agreement shall benefit, burden, and bind the successors, heirs and assigns of all parties to this Agreement. In the event of the assignment of this Agreement, or the conveyance or transfer of the Subject Property, or any part thereof, the owner of the parcel containing the lift station to be constructed shall be and remain liable for performance of the obligations under this Agreement until such time as a written release is obtained from the City, in the City's sole discretion; provided, however, in the event all obligations under this Agreement have been completed, the City shall provide a release of this Agreement upon the issuance of a certificate of completion for the Improvements. The rights granted to Developer under this Agreement relate specifically to the Subject Property and are not permitted to be transferred to any other property. 6. Validity. If any portion of this Agreement is finally determined by a court of competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of the Agreement shall continue in full force and effect. 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or at such other addresses designated in writing by the party to receive notice. Notices shall be either: (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case they shall be deemed delivered on the date of delivery; or (ii) sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or intentionally delayed by the addressee, in which event they shall be deemed delivered on the date which is five (5) days from the date of deposit in the U.S. Mail. Developer's Agreement—Taco Bell 2 Page 966 of 1743 8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from this Agreement, each party shall bear their own respective attorneys' fees and costs. 9. Entire Agreement. This Agreement embodies the entire understanding of the parties with respect to the matters specifically enumerated herein, and all negotiations, representations, warranties and agreements made between the parties are merged herein. The making, execution and delivery of this Agreement by all parties have been induced by no representations, statements, warranties or agreements that are not expressed herein. There are no further or other agreements or understandings, written or oral, in effect between or among the parties related to the subject matter hereof. 10. Interpretation. None of the parties shall be considered the drafter of all or any portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 11. Local Development Approvals and Permits.Notwithstanding anything herein to the contrary, all development of the Project shall be in compliance with all applicable federal, state, county and municipal laws and ordinances, rules and regulations (including, but not limited to,the City's land development regulations, zoning requirements and comprehensive plan). Unless expressly authorized or granted herein,nothing in this Agreement shall constitute or be deemed to constitute or require the City to issue any approval by the City of any rezoning, Comprehensive Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final subdivision plan, building permit, grading, storm water drainage, engineering, or any other land use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate from or otherwise adversely affect any such approvals, permissions or rights. These and any other required City development approvals and permits shall be processed and issued by the City in accordance with procedures with respect to same as otherwise set forth in the City's Code of Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall constitute or be deemed to constitute a limitation, restriction or any other type of waiver of Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or development approval. 12. Authority. Each party represents and warrants to the other parties that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement, that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the execution of this Agreement by all parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest and assigns. 13. Effective Date. This Agreement shall become effective upon execution by all parties (the "Effective Date"). 14. Amendment. This Agreement may be amended, modified or cancelled by mutual consent of the parties hereto as represented by a written document executed by the City and the Developer. Developer's Agreement—Taw Bell 3 Page 967 of 1743 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County, Florida. 16. Recording. Within fourteen(14) days after the execution of this Agreement by the parties, the City shall record this Agreement with the cost thereof to be borne by the Developer. 17. Indemnification. Developer agrees to defend, indemnify, and hold the City and the City's its officers, employees, and agents harmless from and against any and all damages, liabilities, claims, actions, penalties, damages, settlements, judgments, costs and expenses, including court costs, reasonable attorney's fees, and paralegal expenses, at both the trial and appellate levels arising directly out of Developer's construction and/or installation of the Wastewater Improvements (the "Improvements") including, without limitation, losses arising directly out of or resulting from personal injury, death, damage to property, defects in materials or workmanship,or a claim that the construction and/or installation of the Improvements violates any applicable statute, ordinance, administrative order, rule or regulation or decree of any court. The provisions of this section shall survive the completion and acceptance of the Improvements by the City. 18. Non-Waiver of Sovereign Immunity.Nothing contained in this Agreement nor in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the State of Florida. 19. No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 20. Informed Execution. This Agreement is entered into voluntarily by the Developer without duress and after full review, evaluation and consideration by the Developer. Developer is represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for review of this Agreement. 21. Time is of the Essence. Time is hereby declared to be of the essence in the performance of the duties and obligations of the respective parties to this Agreement. 22. Captions. The captions or paragraph headings of this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, or meaning of this Agreement. 23. Independent Parties. City and Developer are not partners and this Agreement is not ajoint venture and nothing in this Agreement shall be construed to authorize the Developer to represent or bind the City to matters not expressly authorized or provided in this Agreement. 24. Counterpart Signatures. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together, shall constitute one and the same agreement among the parties. A facsimile or e-mailed delivered signature shall constitute an original signature for all purposes. Developer's Agreement—Taco Bell 4 Page 968 of 1743 CITY: CITY OF BOYNTON BEACH ATTEST: By: Name: By: Title: Name: Title: APPROVED AS TO FORM AND LEGALITY For the uses and reliance of the City of Boynton Beach, Florida only By: Name: Title: Dated: Developer's Agreement—Taw Bell 5 Page 969 of 1743 DEVELOPER: Knuckles, LLC, a Delaware limited liability company Pr' t mei ' l lr� � By: w -�-t, j i ess Its: le Pring c: , 0"Y in STATE OF FLORIDA COUNTY OF The fore of instrument was executed, worn to and ackno dged before me this , 20 , byCO, as �is of Knuckles, LLC, a Delaware limited liability company. She/He (check onally known to me, or ❑ has produced a valid driver's license as identification. ku,a Notary Public, Sta d County Aforesaid Name: My Commission Expires: My Commission Number is: reero0er CARIDAD A. CARRILLO 4p�Y pU6'�i Notary Public-State of Florida ® ' Commission#FF 969367 My Comm.Bonded h through Niattiia al Notary-As jun 25, ssn. Developer's Agreement—Taco Bell 6 Page 970 of 1743 EXHIBIT A Legal Description of Subject Property Lot 1,less the existing right of way for US Highway No. 1 (State Road 5,and Lots 2,3,4 and 5,ROBINSON ADDITION, according to the map or plat thereof, as recorded in Plat Book 23, Page 114, of the Public Records of Palm Beach County, Florida Developer's Agreement—Taco Bell 7 Page 971 of 1743 EXHIBIT Approved Site Plan (ON FOLLOWING PAGE) Developer's Agreement—Taw Bell 1 Page 972 of 1743 O�owing name.P.\t�p505�-i8(ederbi&2]rd,Boyren—n\C—\C- M '1 11-Slt PIn11 10 Ccl 14,2015 1�a5pm by CrbigCprnellspn n� 1 gg gg jj( y Rg � ku S 3 1--� „�— v� ✓vfir.� ��r �.�—.-v z€e—✓�!�� ? _ � l tt ,� COASTAL BAY B VD � �n. 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S pee " MEN $�� &�e,r�'� 1 1 eta Will � �s k o� 8 as oxgg� �gg $ 5 'z �sa " l e a g� s Uhl; POP a� � �o��e��"saga „ w IPA' �RT �BQ€ on—as 4 �� s� � O � ag 8 .. 7 sem€ 83 "� �gg �5 � ax – a5@ �54 (fig ❑ !Iiia §-$„3g°�: _��h<oaa,.�e�a�111 1 1111 f w � , lug oz '� - MHzjIH do � y i � w s s o I I � I vi 1 r ° w i I – — GA-19 nde❑v1SVOO - 0 __ r ° - a i I I II s..,,»o�x�o,o Ra -dzrr eloz'�I:=o sw °nvid and... :x.os-el-soo\-�n=,Is�°a\a°o0\u=oae.°:eoe'a.rE seou oaA roawv-a Page 975 of 1743 ,e ci i w aaiu a3r3 an wsao�ews� 4 wUT W j—LLJ IT rn �'9M18�flN19P� ' c � z a MMOO uosil� aoa „ . z. rko �� S b o L.._ ��® � o� gY 3aP 88 3'yg �r oll .� o w W� 4h as �,§ S LD 3 E � k $ 56 P g . •_� .�. Z m a s o yy g� tm T k d Q W N 111 _ - orc C.D BN ` m �a�a� Q Agaq H, �,2 t 10 1- Z �a N 16 w TRS in w moo e� xrss ��rc � ry a Nil- V-1 am4444 Cs.,R 4�4p � °��tEa L�11.'bvw S�i m > ® ti „oa�ax,oco,o,c xa was:� .,ca ,.we fica o.,,,..ac rroo-c�-xo_n„oe-ei-fioa\goo>.�„swc�.ow��4>oae>o:R>e'o,Ei H lo,oaa ai-6sosou�.a_awox a„IMo,e Page 976 of 1743 The City ofBoynton Beach Mom DEVELOPMENT DEPARTMENT PLANNING AND IN IVISON 3301 Quantum Blvd Ste 101 Boynton Beach, Florida 33425-0310 TEL: 561.-742-6260 www.boynton-beach.org October 11, 2019 Mr. Craig Cornelison Cornelison Engineering 38039 Old Fifth Avenue Zephyrhills, Florida 33542 Red Taco Bell MMSP 19-126 Dear Mr. Cornelison: In response to your submittal date-stamped September 6, 2019 for the administrative review and approval of the modifications proposed to the above--referenced approved site plan, depicting the following: ® Revisions to driveway to line-up with Coastal Bay' s Driveway; • Revisions to locations of utility easements, o Addition of a 7 ' x 15' bus stop easement; and Revision and clarification of the required pedestrian zone along Federal Highway. Please be informed that the proposed changes on the revised plan date-stamped 9/6/19 are "minor" as defined within the Land Development Regulations, Chapter 2 - Site Plan Review. This project may continue to be processed by the Building Division as a permit application, subject to the following conditions: 1 . Remove the railings from the proposed landscape walls. 2 . Remove the proposed "screen wall" . Paint all wall mounted equipment to match the building. Plant trees and shrubs to further screen the equipment . Please contact me at (561) 742--6260 should you have any questions. Si ce ly, '`yf Amanda Bassiely Principal Planner Page 977 of 1743 6.V. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Declare forty-one (41) vehicles/equipment as surplus and approve the disposition of these items submitted by Fleet Maintenance Division using various means such as JJ Kane live auction, JJ Kane on-line auction, and GovDeals.com. EXPLANATION OF REQUEST: Public Works Fleet Division is requesting disposition of forty-one (41) items via auction utilizing various means. Fleet Maintenance Division has evaluated and advises forty-one (41) vehicles/equipment are no longer of use and has completed all proper documentation for disposal. The disposal and/or sale of vehicles requires approval by the City Commission. The proceeds will generate revenue for the Fleet Maintenance Fund, as such the Public Works/Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The disposal of obsolete, damaged and surplus vehicles/equipment reduces the need for storage and excessive maintenance and repairs and allows the Finance Department to remove the items from the City's fixed asset records. FISCAL IMPACT: Budgeted The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to revenue account#501-0000-365.01-00. The funds are use for the future procurement of vehicles/equipment. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 978 of 1743 Grant Amount: ATTACHMENTS: Type Description D Attachment Agenda Attachment® Vehicle Surplus November 2019 Page 979 of 1743 V ca a 0 e a V w w w ti09 C2 N m _ r W. r r r r r r r r' r in 03 Rr r f®3 r r r r fi l vw 40 I Al 0 v u v v 6 u U- Gu u D u u u C c c c c c c c c c e a c c c c co c cCL ) O �. OL of 01 �o o O vi ® W M W W' H W W W , w ! W W m CL Lb u 34 'low 2 � H w Awp I go t- w W w V-11 a �. W4 0 00 goso 0 w Go (a 0 N 0 N t• W W so05 W w W r' 74 w t. wwiWto W W w rl W N rl w w go Go r. a ,Q � W w W w M W i W W w w w W w W w w W W W W w w w w w i of i AO C2 0 ca 42 CD • d.. d V ti 40 co 40 M rr r r r d r r r r r r to 40 40 40 v Jp cm co mk C CL y 00 am a® 0') (D C 0) Y m a0 0 :� a T4 cv cQii c�i' cQi c� c�i' chi ci o ,°'-� 1 k n is to- r4 ch 1 94 ct 94 6.W. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over$10,000 for the month of September 2019. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or$75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for September 2019: Purchase Order Vendor Amount 191395 Peninsular Electric Dist. $25,484.00 191400 Motorola Solutions $18,113.16 191404 Atlantic Southern Paving & Sealcoating $80,234.40 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 982 of 1743 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment Page 983 of 1743 CITY OF BOYNTON BEACH 6 APPROVED REQUESTS FOR PURCHASES OVER $10,000 (D. FOR SEPTEMBER 2019 1. Vendor: Peninsular Electric Dist. Purchase Amount: $25,484.00 Requesting Department: Utilities Contact Person: Howard Kerr Date. 9/17/19 Brief Description of Purchase: Water tower lighting fixtures and controllers suffered damage by a power surge. Replacement fixtures and controllers are necessary in order to continue to provide the Water Tower with proper lighting that residents look forward to seeing on a daily basis. The Tower light lighting system has a warranty with peninsular Electric Dist., the original supplier of the system. In order to honor the warranty we can only use Peninsular Electric Dist.that will lead to saving the City thousands of dollars. Peninsular Electric Dist. is only a supplier of parts they will not be installing or working on site. Source for Purchase: Emergency Purchase Fund Source: 401-2821-536-46-20 2. Vendor: Motorola Solutions, Inc. Purchase Amount. $18,113.16 Requesting Department., Fire Contact Person: Deputy Chief Petty Date: 9/18/19 Brief Description of Purchase: Purchasing four(4) Motorola "mobile" radios to be utilized as"donor"units for inter-operability communications within the Fire Department. This will allow for enhanced radio communications over broadband/LTE network. Source for Purchase: State Contract Fund Source, 001-2211-522-64-14 #43190000-18-NASPO-ACS-1 3. Vendor: Atlantic Southern Paving &Sealcoating Purchase Amount: $80,234.00 Requesting Department: Public Works/Engineering Contact Person: Paola Mendoza Date: 9/25/19 Brief Description of Purchase: Task Order ASPS-15-04171: Mill and overlay of the road on serve areas along Gateway Blvd. east and west of 195. Source for Purchase. RFQ 010-2512-18/1T Fund Source: 303-4904-541-63-24-$19,500.00 CP0263 303-4905-580-63-08-$60,734.40 CP0266 Page I Page 984 of 1743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191395 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/17/19 VENDOR 2299 SHIP TO: TO® PENINSULAR ELECTRIC DIST INC. City of Boynton each 1301 OKEECHOBEE ROAD EAST WATER PLANT WEST PALM BEACH, FL 33401 1620 S. SEACREST BLVD. BOYNTON BEACH, FL 33435 REQU&T�ON NO, 74700 ORDERING DEPARTMENT- UTIL/ADMIN HLK DATE NEEDED- CONTRACT NO. COMM�S&ON APPROVED� LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST EXTENDED 1 6. 00 EA BX-HO-240-RGB-VN-VN-VN-si-DMX/RDM- 3538 . 0000 21228.00 CRC-3GV-3FT . . . . . . 2 4. 00 FRA LUMP 579.0000 2316. 00 CBX-ST-12012 7- MV CkC;'.. 3 2 . 00 FA 970 . 0000 1940.00 BL-.2:G8"RGBW-WFL-SI-DMX/ RDM CRC !QV S. Tkt: TT GF O . TON AEACH WATER TOWER LIGATING XTURESAND CONTROLLERS SUFFERED� D' ft : F . AM&GE BY POWER . SURGE.. REPLA-dWENT ARE FIXTURES AjqD ' .�!fiOLLERS PROV- NECESSARY IN ORDER. TO CONTINUE-TO'::' DE :�.T.AjE T WATER TOWER W ±H PROPER LIGHTING T; T :R ESIDENTS LOOK:.FO.RWARD TO SEEINGON A DAILY..sBASIS , :THE TOWER LIGHT.- LIGHTING SYSTEM HAS A .W. WITH PENINSULAR Et L Y ELECTRIC DIST.. :THAT W1."L 1' � TO SAVING THE CITY T U HOUSANDS OF DOLLARS � . P.ON R&INSULAR INSPECTION OF DAMAGED'E' QUIF. . lu TO ..DETERMINE A VALID.qWARRAXTY CIAIM . : P'ENINSULAR. IS. THE ICI SUPPLIERAND THE ONLY THAT CAN PROVIDE PARTS. ' TH-10L...-A-.SO PALLS WARRANTY CLAIM F.0.9-.. W14.ICH .TH-t CjTY- : EXPECTS To�:BE- MIMBURSED MO'ST::OF :T.HE VALUE: OF. :WHAT WAS rj. T: ...N THE POWER .StJRdE. rs. AL, PROCUREMENT SERVICES: _Fp_.o TOT2-2548-4.00 ACCOUNT NO. PRODECT 401-2821-536.46-20 PURCHASING Page 985 of 1743 CITY OF BOYNTON BEACK sR LEQUEST FOR PURCHASE OVER $109000 3 Requesting Department: Utilities Contact Person; Hward Kerr FThe its ton o t r tip f a rpt Replacement fixtures and controllerse ar in order to continue to provide the Water Tower Wth proper lighting that residents look forward to seeing on a daily basis. The Tower t lighting system has a warranty with Peninsular Electric Dist.the original suppIir of the system. In order to horwor the rra only use Peninsular Electric Dist,. that will lead to saving the Cily thousands of dollars. Pennisular Electric Dist, is only a supplier of parts they W11 not „ o i r r to r r Quot2flons GSA State ContraclECT APS Sole Source Piggy43ack Budgeted Item Emergency r her Contract Number a para I� u � iwa th d E9 �n 3n Arlt 1 �4 ; epartment Head t Purchasing of Date Manager t City Manager Date I Page 986 of 1743 U11- OCO w Tq IV cc in in -4 In rq A E1 i 01 0 A Ewa tl0 Aw C� C; 10 0 0 cj rq r4 rq H an N tl H "Will co 01 0 Ft la ; M r+ r. :E. in 0 H H B ; 0o u FA I ph n 0 f cq H 110 H ca k ICJ U w44 HIM HM Id "29 t o '4 0 4J 4J�H�A Hn. �4 & -�4 0 U 100 .41 10 jgj 0 r-4 tn 14 M-A 4J Q 6 mix M ' 0 1 Mil4o -1�'a 1544�'P4 m j 0>1 Ed 43 Q 1 9 ,1 104 1 W �N�H 0 k a b1`4 u wpm '60 Ca E- BE-4 H k 14!1,4 jj�l 14 0 0.1444 99 1-4 A 904D 10" 19, w 1:10 91-5 98 ggn UMMU "mom 3 4j UO M"a 10 UM"O 0 C3 C5 14141U101t. 010 19 s 0 NO ice' 1 cl N N 43r4 .93 0 0 A W O imp 1 lgado)43 0 in P) M 0..14r-4 0 M1.0 - LIA In ul E . a. r4 H Q 0 4,3 0 WOU,V u -"4J tnW H H. PH 4NU 4V 04OU 0 0 H -1 r1fM OJ3�4 H a 0 0 0 �to go,Aw 041 r4 ra i M TA H WJBI Page 987 of 1743 124H WW1br4&Rkvd p V Memorandum: September 13,2019 Subject. r r Tower Lighting repairs ® Lori LaVerriere, r From: r iti, Dir of Utilities Copy: Mara Frederiksen, Finance it Tire r ,Assistant CityManager Colin is r The it s receive r& Lightings, Inc.for$25,484 provideto the needed materials for the tower lighting i .Staff is requesting purchase order for these items. As you well know,the tower lights in f repair for some time. vendorThe Informed staff that the 6 damaged lamp units Included in thisr,are under warranty and their value will be reimbursedr. Once the vendor receives t r r,they estimated for delivery. ri r r CItW Manager t Ammica's Gai-away to the Gnh2wram Page 988 of 1743 Date: Sep 9, 2019 Quote. DEER16-92494-4 Quote Page 1/1 Power& Lighting Systems, Inc. 4P 392 S.W. 12TH Avenue Deerfield Beach FL 33442 Phone: (954) 360-7608 Fax-, From: LaTasha Cruthird Project CI7 of Biynton Beach Water Tower Quoter Ph: (954) 360-76O8x232 Up 1,qht- nionic Exchange Resin, Email: lcruthird@p-is.com Trea ment Facility Location BoNnton Beach FL Quote D R16-92494-4 To: Charlie Watson Peninsular Electric Dist. Bid Date Sep 9, 2019 1301 Okeechobee Rd Expires Oct 9, 2019 West Palm Beach FL 33401 Architect: No Architect . Phone: (61)561)584-832-73 1626 Engineer: CDIVI Smith Fax (564 EMail: cwatson@pedwpb.com QTY Type MFG Part 919/19-REPLACEMENT FIXTURE 6 LUMP LBX-HO-240-RGB-VN-VN-VN-SI-DMX/RDM-CRC,3GV- 3FT 4 LUMP CBX-ST-1201277-DMXIRDM-SI-CRC-(LB) 2 LUMP LBL-208-RGBW-WFL-SI-DMXJRDM-CRC-3GV Total for: 919/19-REPLACEMENT FIXTURE $25,484.00 Total: $25,484.00 Power&Lighting Systems, Inc.-Deerfield LaTasha Cruthird Page 9018VY743 9 Date: Sep 12, 1 m DEER16-92494-5 Page 1/1 i n Inc. 392 S.W. 1, TH venueDeerfield Beach FL 33442 Phone: (054) 360-7608 Project gy From, La"fasha it %57nton Beach Water Toww Quote'r Ph: 95J Loceflon Bffton Beach FL Quote D R16-92494-5 To: Chadle Watson Peninsular Electric 1301 Okeechobee Rd Expims Oct 9, 1 West Palm Beach FL 1 Architect No Architecl Phone: (561) 832-1628 Fax, 7 Engineer: if EMall: owatson@Wwpb.com QTY TO* MFG Part PH" UQ L - LCBX-ST-12OJ277-DMXIRDM-S�CRC-(LB) $579.00 each LUMP LBL-208-RGBWWFL-81-DMXRDM-CRC-3GV Total for REPLACEMENT RKY Pmsr&LWUng SY9Wm%lnmruNrd Page 1 Page 990 of 1743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191400 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/18/19 VENDOR 11479 SHIP TO: TO: MOTOROLA SOLUTIONS, INC. City of Boynton each 2220 GALIN DRIVE FIRE STATION No. 5 ELGIN, IL 60124 2080 HIGH RIDGE ROAD BOYNTON EACH, FL 33426 REWW10N NO. 74693 ORDERING DEPARTMENT: MATT PETTY DATE NEEDEM CONTRACT NO. COMMISS1110N APPROVED: --------------------- ......... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 4. 00 EA APX 7/800 MHZ MID POWER MOBILE 1779.7400 7118 . 96 VENDOR ITEM NO. - M25URS9PWIAN 2 4. 00 EA ADD: CONTROL..SATIN DESK: GCAI 123 .3700 493 .48 MIC VENDOR ITEM W3 82k4 3 4. 00 EA ADD6. 3Z HS 9EII.TIAL :-:SM RMIT C.E. 168. 0000 672.00 VEND0k: IT'EM."N' 0. G78AT 4 4. 00EA Ab665r-CONTROL. 15-3600 1261.44 VENDOR- IT* NO. - G4j 4 . 00 ESH MOUNT. 500 365. 00 VR ITEM ,NO..- 6 4 . 00 EA.: ADD: ASTRO DIGITAL CAI 3 75 4.98,00 1503 .80 OPERATION VE NDOR IT EM NO806 7 4 . 00 EA ENH: SMARTZONE OPERATION 676,.0.000 3504 . 00 APX65:00 VXD R OR ITEM NO. - Qz 51A . . . . . 8 4 . 00 FKA ADD ADVANCED SYSTEM KEY 5 0 0 14.60 :HARDWARE KEY 'VENdkITEM NO QA.0 16 4 BAA 9 4 . 00 EA `:ENH.- P2.5 TRUNKING SOFTWARE APX 2:15:.0000 876.00 V DOR:� ft-EM NO. - G3 1' 10 4 . 00FKA ADD:. .:T!)MA OP 8wION. APX: 328.5000 1314. 00 11 4 . 00 EA ADD: CONTROL POWER 196.3700 785.48 SUPPLY VENDOR ITEM NO. G91A 9 . 12 4 . 00 EA ADD: CONTROL STATION OPERATION 51.1000 204.40 VENDOR ITEM NO. - W665BF CES� P0, TOTAL PROCUREMENT'SERVI 7AT:_f`_7__C ACCOUNT NO. PROJECT 001-2211-522.64-14 Page 991 of 1743 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191400 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/16/19 VENDOR 11479 SHIP TO: TO: MOTOROLA SOLUTIONS , INC , City of Boynton Beach 2220 GAL IN DRIVE FIRE STATION NO. 5 ELGIN, IL 60124 2080 HIGH RIDGE ROAD BOYNTON BEACH, FL 33426 LREOWSITION INO, �74693 ORDERNG DEPARTMENT: MATT PETTY "'T 0 D TC D TEN- CONTRACT NO. ANLE'DED: 508SN APPROVEM LINE# EXTENDED QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS. FOR INTEROP0 RADI �P : FD Ron cw FOR::. THIS:'.Q-tYbTE IS PER. :.THA'- s'-TxTx .bF FLORIDA COMMODITIES CON.TRACT:'FOR- LAND MOBILE :V .0k P" W'COM—MUNICATIONS ERIPM'SNT 4-1�i,9:ob b o 18 NASPO-ACS 7 JAaD THROUGH 7�- ms' 1 f 2;120 PROCUREMENT SERW -19 O. TOTAL 18113 .16 ACCOUNT NO. PROJECT 001-2211-522.64-14 Page 992 of 1743 PURCHASING a CITY OF BOYNTON BEACH 1 1431}} Iryr 5 t tit , REQUEST FOR PURCHASE OVER $I OtOOO Date:17-Sep-19 Requesting Fire ContactMatt Petty Explanation r Purchasingfour 4 Motorola "mobile" radios to be utilized as "donor" units for inter-operability communications within the Fire Deparmtent. This will allow for enhanced radio co unicationsver broadband/ LTE network o, e � otrl ill r 113. Source for Purchase (check and attacho I Three ri a Quotations GSA State ontra t PRDERESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase other Contract Number, 431900.00-1 - - -1 COTE. Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund ori r 001-2211-522.64-14 pp r Appals: Department Head to 17 Purohaain gent at Asst City Manager Date City Manager Date Fora Revised 0210110 Page 993 of 1743 ILL V�%j ul m tev N w Ln LO w w a 0 LrI cl w Ln ko w rte Com-qhLn ko v m LO w 0 a H m 0 LO Mm LO wl 0 m N K 0 ns In 0 o 0 0 a V, 0 w M Ln 0 0 airxy H 4 H N x Ln m 0 bg 0 ul v In H 00 rA C� 0 IV rn m m m U M EO ED to ul 03 RA N W M .1 w ul M C' U El I 14 H 14' CA �4 N H M. 4,4 gag g gC-0 i w U5 C0a vi Rp M D4 El p E� H w H H 01 E� 04 P N NH S1.1 N b4 N E-N H 11 1., P,H"N. 0 14 In 11 R 10,1�12 g z -4 z m� ��-4� g t�: - PI P 2rm H H H E-� 0 E�H �S M H g 1:1 p+ s "'M m MH I N M N M 0. rmA rH, m- P-4 mm U w� NH Lu H 0 rM 0.1 NNW w N -0, r'd 0 0 um, o 8 v H I ;� HE H! m H m H 8 1 8 0 0 so a E4 tn I n U 0 *11 H 0 0 € : 9 , 2um Urn w Um cl w r co Page 994 of 1743 Ea W w 0 sA 0 a d 0 Ell, kN � 1� 9 1-0 0 1: w ti Iq m m Ln 0 M N N N PO sFe H FA Cl 0 0 n 0a H H H .-dvq z FB 0 uj 04 w v 14 0 go H E� H to Cd M P, H 2 z : : E. to FB 00 rA 11, B F4 r- W P m z z m V4 w W Ssa m HH to UE4 P2, YL ¢a Pk P. 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L L :ao UOURMOlul, 0$ Mlawwoo 03 Page 997 of 1743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191404 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/25/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQU0TION NO, ORDERING DEPARTMENT: DATE NEEDED: CONTRACT NO, COMMISSION APPROVED: 010251218 E EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3680.00 DL GATEWAY BLVD (WEST OF 95) MOT 1.0000 3680.00 ITEM 21 - ARROW PANEL (1) 4 DAYS @ $20. 00 PER DAY ITEM 17.. - LIGHT'.TOWER (2) . 4. PAYS @ ITM. ::77: TYPg 11::BARRICADES " 200: 40:.E- CH' ITEM -1 ::FLAGMEN. �8 0 HOURS '9!:.:0:0 PER HOUR;:; COMMISSION APPROVED .(3$./06/19 TERM EXPIRES 08%07/20 ' - 'TASk No.. ASPS-15-0411171 -1 ID NO 010-a252-18/IT. 2 .1 A-5004 . 80 DL `-GATEWAY BLVI) (WEST OF 9.5) 1 00 0 5004.80 MILLING ITEM 50 - I MILL: 1,564 SY @ $x.:.80 PER SY ITEM 51 ADDL. 1/21 MILL 1,564 SY 9: .35 PER SY ITEM 51ADDL. 112:h: MILL 1., 564 SY.@ —35., PER SY ITEM 51 ADDL. 1/2 6. MILL 1,564 SY .35 PER SY ITEM 51 ADDL. 1/2"T MILL::., ;564 SY @ .35: PSA SY. 3 28030. 00 DL GATEWAY BLVD (WEST OF 95) 1 . 0000 28030. 00 PAVING ITEM 42 - 87 TONS @ $130 .00 PER TON PROCUREMENT SERVICIFS: 12-Q P.O. TOTAL: ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 998 of 1743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICE EAT T 3301 Quantum Blvd. Suite 101 ® FLOP.O. 191404 OYNTON BEP.O. , RIDA 33425-0310 DATE: 09/25/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City at Boynton Beach O BOX 15591 PU13LIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REOUISITEON NO. ORDERING ING DEP RTIAENT: Yr it Vr; DATE NEEDED: CONTRACT NO. 0O94 Mt SSION APPROVED I� 01.0251218 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ITEM 41 44 TONS @ $95 . 00 PER TON ITEM 41 44„TONS ( .:$95,.: Q:,..PER TON ITEM 4.1 44 TONB :Q :$95..00 Psi T.ON ITEM f::- 44 TONS C 195 00 -PRR, TON' 4 1765 . 00 DL GATEWAY: BLVD (WEST OF 95) .1.0000 1765. 00 ST�tI P.�NG TFM 5:£3 - :6" WHITE Ti.ERMO - r Q60 LF .:@ $. 7 5 PER LF ITEM78 `W/R' RPMS - 22.. 6: $10.00 EACH 5 5200 . 00 DL G'A'TEWAY BLVD (BAST :OF 95) - MOT 1 0000 5200 . 00 ITEM 21 T ,1R1,2OW PANEL (1) - 4 DAYS $20 . 00 PER DAY . ITEM: :17 = LIGHT TOWER (2) :- 4 DAYS @;::$;2 50 0.0: PER DAYmm I'S'BN! .7 - TYPE I I BARRICADES 200 .. 0.. EACH ITEM 3: - FLAGMEN (4) _ . 160 HOURS $1'9A0.' PER HOUR 6 2089 - 60 DL GATBWAY BLVD: (EAST OF 95) 1.0000 2089. 60 MILLING ITEM 50 1. MILD 653 SY a $I. 8'0 , PER SY ITEM 51 - ADDL. I/2 MILL 653 SY @ .35 PER SY ITEM 51 - ADDL. 1/2" MILL 653 SY Q .35 PER SY ..m..............................._............................................ .......................................................................... ...................... - .... ............. . PROCUREMENT a'E6�"�"V!�E:S:.............................. "�� 19 x � x,04 TOTAL: a ACCOUNT NO, PROJECT SEE BELOW PURCHASINGL.......... ...... Page 999 of 1743 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #- 191404 BOYNTON EACH, FLORIDA 33425-0310 DATE: 09/25/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BO YNT ON BEACH, FL 33435 REQU0TION O. ORDERNG DEPARTMENT: DATE NEEDED: CONTRACT NC. ��M 0 COMMfSSION APPROVED: �101�0251�218 J EXTENDED LINE# QUANTITY UOM IT NO. AND DESCRIPTION UNIT COST COST ITEM 51 - ADDL. 1/211 MILL 653 SY @ .35 PER SY ... . ms s ITEM 51 - ::ADDL. :::1/2 MILL..:- .653: :SY @ .38 -PER SY 7 13315- 00 DL GATEWAY. BLVD (EAST OF 55) 1.0000 13315. 00 ITEM. 42 37 TONS @. $175 . 00 PER. TON. - ITEM :41 18 TONS 6 .$95. 00: PER TON ITEM 4i 18 TONS @ :$95.00 PER TON ZTEM 41 18 TONS @`$95 . 00 PER TON ITEM 41 -..18 TONS :0 $95 .00. PER TON 8 1650 ,, 00 DLG TEWAY .BLVD (EAS .5) s 3A T 09 .5 .. 1 .00700 1650. 00 T ITEM 58 G WHITE THERMO 900 LF . t 75 PER IF ITEM'57 5 � . 6 7 YELLOW ... . . .5. .P . THERMO 9QO LF i0s::$.7.5. .PER LF ITEM 7$ Y/Y RPMS 30 ..@ $10. 00 :..' EACH 9 12000. 00 DL CONCRETE REPAIR :7: ITEM 851 .0000 12000 , 00 HANDICAP. RAMPS..WIDWS: 4 9 $3 0 O.G.TACH 10 7500. 00 DL CONCRETE REPAIR:-TTEM :93.741., 1.0000 7500 . 00 SIDEWALK REPLACEMENT . . 1, 000 SF @ $7.50 PER Sp PROCLMEMENT SERVIGES P.O. TOTAL: 80234 .40 ............. ---------- ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 1000 of 1743 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES 3301 Quantum Blvd. Suite 101 1 P.O. #: 191 04 N C , FLORIDAL 33 - 1 DATE: 09/25/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach O BOX 15591 PU13LIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 R EQUISITION O, ORDERING DEPARTMENT: @ M CONT CT NO. C 3�tMISSION PPROVED: 01 251218 � EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS : GATEWAY BLVD ASPHALT REPAIRS BID #010-2512 X8/IT;j COMM 1PPRV 8/6/19 TASK :04;171. PROCUREMENT SERVICES: _. P.O. TOTAL: _._..._................................... ._..__., ACCOUNT NO. PROJECT SEE BELOW PURCHASING Page 1001 of 1743 ' PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #® 191404 BOYNTON BEACH, FLORIDA 33425-0310 DATE, 09/25/19 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON REACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: COMMISSION APPROVEM EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ----------------------------- -------------------------- REQ/ACCT DATE REQ.:. BY' . s. PROJECT AMOUNT ---------- -------------- - ------- - --------- 0000074719-- - 09/17/19 ENG!NEER-1NG/AG' Q.A/`P .:Q-P0266- --60734.40 30349055806308 0000074719 09/17/19 ENGIN 2:8R-TNQ/AGGA/PM> .. CP0263 19500. 00 30349045416324 ------- -- - -------------------------- --------------- -----—---------------------------- :1,0� TOIAL ---------- -----I Ho�—To T PROCUREMENT SERVIICES� ------------------- - ACCOUNT NO. PROJECT PURCHASING Page 1002 of 1743 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10$000 Date: 1l Requesting ® PW-Engineering Paola Explanation for Purchase: scopeThe project is mill and overlayf the road on several areas alongf t and west f 195. f i t vi ! ti ass C ec an attach backup materials): r Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole urce Piggy-Back Budgetedto Emergency rc ase Other Contract Number. NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. d Source for Purchase: Soul Ftr t Ir® - - - r ® $60,734.40 Department Head t Purchasing Date Asst City Manager t i r Date Form Revised 2f011 Page 1003 of 1743 ON Ch 0 C3 0 C) a 0 C) 0 0 00 v 0 m 0 m m 0 CD 0 0 m w n w H m 0 CD NlD 0 a El- N 0 m w 0 LO C°5 to m Hm m H cq r® 0 NH 00 z C; C) 0 CS CD a 0 0 0 0 0 0 CD 0 0 0 0 0 C3 0 0 0 W 0 C; C; C; C; C� E�u C) 0 0 C3 0 0 0 0 C) 0 CD q -4 z 0 rl- in U W co 0) b) tn W M b) M bi �4 p 0 0 0 0 0 0 0 0 n4 N kS4PP $4 �4PP 104 as P4 N 04 a4 N j34 A-) 41 0 p p OD m HMQ7 N u u u rE OU 5 0 Im U C> P� H 0 H 41 41 41 4.) 4J 4J 4J P4 a r 0 'q -1 -1 -ri -4 -,1 -rq -ri z 1-4 fd Cd (d Z (a rd 0 (a H 4J is 41 41 V 41 41 41 w 0 ()W OW WkD(DID Wk0WkD MID WkD(Urn�tcq 2� -rl r. wCq Wrq�4N$4N PN WN NCA PN MNIOC4rd NW WW OLD WW WD OLD GAD OLD(D%D WW W 0 P 134 pq F-1 p H !D U En 0 0, LO W al w WHI z ul ul EA 0 rn W . . . . . . . . . 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NUQ H ca qpa)H 0 El:)H rP 01 m m 0)�H m C,4 j!)H rX4 A P4 001�Ha�m 04M r-:1 V.I- 4V)� taf�M N 0 CA W r4 vl��E-i E-4 E-i 0 E-1 0 ca H ,,,w CO M M 0 N I � H a 0 0D to I M --Z E-4 UH z E-1 p z E-4 >0 i I ON �Cl r-I r-4 HOM M MOM M4 EON M Z 0-,Ln N U w —4 N mo: N N cx)r-l.-q ix H . . . UW m z z zuw m H NUW —0 0 9 fx �co 0 0 w 2cm w w 04 �Mp —p E-q H P HCH �c EA M 0 04 M"MM Q 0 0 04M NVI Z" H O�4 1 Ix D4 ca m 0 > 4 4 MI, r, H .4 RkD 2C Z H 0 OH c)HO M i 1 I Eq0 M E-4 H al F-I H E+0 M E-40 HE �H HE 134 >IH t- wxodm yH c� H r-I rl r-i Q E >'N H 4 -1 HQ co GOP H o H 4r4 mmz 00 Ln Ln Ln m H F7 w �c H LnO0 VRO gm r-M m U ME E m H 0 M E-4 W>4 M>q W w E E z N z ZEU 8 p E 2 EIMMMM m w w W w MM W P Q4 P g P E� 0 rxl H 1)V) P P E-4 E-1 E4 E� P E• Um H H H gE� 14 Um E� E-4 U M am H H H H H H H H H H H H H w w zix N W HE Page 1007 of 1743 Greco-Arencibia, Adrianna From: Mendoza, Paola Sent: Friday, September 13, 2019 10:59 AM To: Greco-Arencibla,Adrianna Subject: RE: PO For Task#ASPS-15- 1719, Gateway Blvd Asphalt Repairs Hello, I made a mistake in the counts to be used for this PO,can you please use the following breakdown instead? Thank you • Sidewalk Replace me nts.3 03-4904-54 1.63-24,CP 0263 =$ 19,500 (In the proposal labeled at Concrete Repair- Item 85 and 93) • Streets account:303-4905-580.63-08, CP 0266.=$60,734.4(all other items in proposal) I am sorry 01 Paola Paola Mendoza Associate Engineer Public Works/Engineering Mailing Address: P.O. Box 310 ' Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426 A 10 561-742-6266 MendozaP@bbfl.us J it boynton-beach.org/ M AM= D 91 W Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure, From: Mendoza, Paola Sent:Thursday,September 12, 2019 12:04 PM To:Greco-Arencibia,Adrianna <Greco-ArencibiaA@bbfl.us> Subject: PO For Task#ASPS-15-041719,Gateway Blvd Asphalt Repairs Importance: High Hello Adrianna, Can you please create a PO for a new job with Atlantic Southern Paving-Task#ASPS-15-04171,Gateway Blvd Asphalt Repairs,for the amount of$80,234.40 * Please see attached quote that Atlantic Southern Paving and information for the project. * The project scope is mill and overlay of the road on several areas along Gateway Blvd. * To be billed to the streets account: 303-4905-580-63-08,CP 0266. f Page 1008 of 1743 Mill and Pave Proposal City Of Boynton Beach (Public Works-Engineering) Gary Dunmyer Project: Blvd.Gateway 1 Mill and Pave Gateway Blvd Boynton Beach, FI 33426 ATILANTICSOUTHERN PAVING AND SEALCOATING Rich Atzert Account Manager Page 1009 of 1743 Your Pavement Contractor Company Info Contact Person ATUMCSOUTHERN PAVING AND SEALCOATING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich @atlanticsouttet avin .com Sunrise, Florida, 33313 Cell:954-299-6114 Office 954-581-5805 P: 954-581-5805 F:954-581-0465 hftp:1Avww.atlanticsouthern- aving.corn About Us We Solve Problems and Make Complicated Simple'. We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us- CLICK HERE FDOT Certified Contractor Page 2 Page 1010 of 1743 Proposal: Gateway Blvd. / Mill and Pave AlUNFICSOUTHERN WiNO AND SIALOONG Gateway Blvd (West of 95) 1. MOT: Item 21 -Arrow panel(1)-4 days @$20.00 per day. Item 17-Light Tower(2)-4 days @$250.00 per day. Item 7-Type II barricades-200 @ .40 each. Item 3-Flagmen(2)-80 hours @$19.00 per hour. $3,680.00 2. Milling: Item 50- 1"mill- 1,564 SY @$1.80 per SY. Item 51 -Addl. 112"mill- 1,564 SY @ .35 per SY. •� Item 51 -Addl. 1/2"mill- 1,564 SY @ .35 per SY. Item 51 -Addl. 1/2"mill- 1,564 SY @.35 per SY. Item 51 -Addl. 112"mill- 1,564 SY @ .35 per SY: N $5,004.80 113 3. Paving: Item 42-87 tons @$130.00 per ton. Item 41 -44 tons @$95.00 per ton. C Item 41 -44 tons @$95.00 per ton. Item 41 -44 tons @$95.00 per ton. Item 41 -44 tons @$95.00 per ton. $28,030.00 4. Striping: Item 58-6"white thermo-2,060 LF @ .75 per LF. Item 78-W/R RPMs-22 @ $10.00 each. $1,765.00 Total Price for this item. $38,479.80 Page 3 Page 1011 of 1743 ATIM1111CSOUTHERN Proposal: Gateway Blvd. / Mill and Pave PAVING AND 5EA10AIM Gateway Blvd. (East of 95) 1. MOT: Item 21 -Arrow panel(1)-4 days @ $20.00 per day. Item 17-Light Tower(2)-4 days @$250.00 per day. Item 7-Type 11 barricades-200 @ .40 each. Item 3- Flagmen(4)- 160 hours @$19.00 per hour. $5,200.00 2. Milling: Item 50- 1"mill-653 SY @$1.80 per SY. Item 51 -Add[. 112"mill-653 SY @ .35 per SY. Item 51 -Addl. 1/2"mill-653 SY @ .35 per SY. Item 51 -Addl. 1/2"mill-653 SY @ .35 per SY. Item 51 -Addl. 1/2"mill-653 SY @ .35 per SY. $2,089.60 aR ON 3. Paving: Item 42-37 tons @$175.00 per ton. Item 41 - 18 tons @$95.00 per ton. Item 41 - 18 tons @$95.00 per ton. Item 41 - 18 tons @$95.00 per ton. Item 41 - 18 tons @$95.00 per ton. $13,315-00 4. Striping: Item 58-6"white thereto-900 LF @ .75 per LF. Item 57-6"yellow thermo-900 LF @ .75 per LF. Item 78-YN RPMs-30 @$10.00 each. $1,650.00 Total Price for this item: $22,254.60 Page 4 Page 1012 of 1743 iATLAIMCSOUTHERN Proposal.- Gateway Blvd. / Mill and Pave Concrete Repair 1. Item 85-Handicap ramps w/DWS-4 @$3,000.00 each. 06 $12,000.00 2- Item 93-4"sidewalk replacement- 1,000 SF @$7.50 per SF $7,500.00 Total Price for this item:$19,500.00 Page 5 Page 1013 of 1743 Price Breakdown.- Gateway Blvd. / Mill and Pave AMRS AIM SIALOATING Please find the following breakdown of all services we have provided in this proposal.This proposal originated on July 08, 2019. Item Description Cost I Gatpway Olvd(West of 05) $38,479.80 2 Gateway Blvd.(East of 95) $22,254.60 3 CQncrdte Rbpalr $19,500.00 Total: $80,234A Authorization to Proceed & Contract The above prices,specitications and conciftions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. UOE We understand that if any additional work is required different than what is stated in this proposal/contract,it must be in now contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up lo 90 days from the date of the proposal. Payment Terms We agree to pay the total sum or balance in full upon completion of this project. 40% deposit upon contract. (A sinned proposal and deposit are required prior to scheduling of the work) Rich Atzert I Account Manager Atlantic Southern Paving and Seal tin 6301 West Sunrise Blvd Sunrise, Florida,33313 E:Rich@atlantic.southempavin Q 954-299-6114 P:954-581-5805 F: 954-581-0465 .corn Page 6 Page 1014 of 1743 Attachments ERN PAWNG AND SIALCOMING Please click any of the links below to view and print all documents. Company Attachments About Us COI 2019 Fags 7 Page 1015 of 1743 Coversheet Page 1 of 2 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 816=19 AGENDA ITEM REQUEST FORMhCITY OF BOYNTON BEACH 4 COMMISSION MEETING DATE: W120119 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPsJBids 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 Fiinance/Procurement Department submits requests for award to the Commission;requests for approval to enter into contracts and agreements as the result offormal 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). ENDOR( ) DESCRIPTION SOLICITATION �EW:A:L: UNT I ASPHALT 1 2512-i AUGUST TI SIDEWALK 1 SOUTHERN REHABILITATION THRU I AUGUST SEALCOATING 07,2020 LLC SEQDNIDARY: ASPHALT MAINTENANCE, INC, DBA ALL 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 ofthe 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-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 CTION:CLI TE ACTION DISCUSSION: Is this a grant? Grant Amount: h s:/ oytoeac . o s en .co e u lic/ overSheet. sp ?Ite =6413 P '9/?R of 1743 !F CITY OF BOYNTON BEACH REQUESTSFOR BIDEXTENSIONS 1 Y- August 06, 2019 REQUESTING DEPARTMENT.PUBLIC WORKS DEPARTMENT CONTACT.Andrew Mack i TERM:August 08,2019 to august ,202 SOURCE FOR PURCHASE.Agreement(Award ! 512-1 ) ACCOUNT U BER:Each requirementagainst thisopen-end Contract will befunded by the appropriate fundin source t the time of release. VENDOR(S) ANNUAL ES77MATED EXPENDITURE:$3,0W,000 DESCRIPTION. On August O7,2018, City Commission approved the award of Bid No.010-2512-I8/IT fiorAsphaR and Sidewalk Restoration,in the estimated annual amount of$1000,ODROD. 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. i i r i I i Page 1017 of 1743 The City of Bol Won Beach Finance/Procurement Services P.O. Box 310 Baynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 July 18,2019 BID: t_ I REHABILITATION I .: 010-2512-ISIIT CURRENT AGREEMENT TERM. AUGUST , 2018—AUGUST 7, 2019 Agreement between the City of Boynton Beach and Atlantic Southern PavingSealcoating LL 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 wish to renew the bid for the following reason(s) Atlantic Southern vlSealcoating LLC. NAME OF COMPANY SIGNATURE d NAME OF I' TITLE (please print) fle (AREADATE CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 1018 of 1743 The City of Bounton, Beach Finance/Procurement Services P.D. Box 310 r. Boynton Beach,Florida 33425-0310 Telephone No: 1561)742-6310 FAX. (561)742-6316 July 18, 2019 Michael Curry, President Atlantic Southern Paving& Sealcoating LLC 6301 W.Sunrise Blvd, Sunrise, FL 33313 VIA EMAIL TRANSMITTALMiamescurrbatianticsoulhe rnvino.corn ID- ASPHALT AND SIDEWALK1 (ANNUAL ) BID o.: 0110-2512-1811 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 bid for an additional one-year period with the some terms, conditions and pricing. Please indicate your response on the following page and return it to Procuremerit 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, Tim W. Howard Assistant City Manager-Administration cc: Gary Dunmyer, MBA, P.E.City Engineer Central File File Americo°s Gateway to the Gulf Stream Page 1019 of 1743 ' oar et Pagel o �Y. 7.C. BIDS AND PURCHASES OVER$100,000 817/2018 CITY OF BOYNTON BEACH i`. AGENDA ITEM REQUEST FORM $ P COMMISSION MEETING DATE: Br112018 REQUESTED ACTION BY COMMISSION: Award Bid No.010-2512-161sT to the two(2)lowest responsive and responsible bidders,Atlantic Southern Paving and Sealcxiating,LLC of Sunrise, Florida as Primary Vendor and M&M Asphalt Maintenance Inc.d/b/a All County Paving of Delray Beach,Florida as Secondary Vendor,for Asphalt and Sidewalk Restoration,in the estimated annual amount of$3,000,000.00.The initial contract period starts on the date of award and terminates one year from that date contingent upon receipt and approval of insurance and applicable payment and performance guaranties. EXPLANATION OF REQUEST: initial Bid Term:August B,2018-August 7,2019 The purpose of this c6ntract is to provide asphaR and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. It is intent of the City to place order with the lowest priced bidder, designated as the Primary Vendor;the next low bidder will be designated as the Secondary Vendor. Purchase Orders issued under the Secondary award will be issued when the Primary Vendor voluntarily defers the Work,when the Primary Vendor is unable to perform or when the City determines that the Primary Vendor's maximum service capacity has tfeen reached(based upon outstanding City Purchase Orders)and additional service capacity is still needed by the City to meet City's service timeframes. In the next 12 months,It is anticipated that Public Works Engineering,Utilities,and Facilities will use this contract for approximately 33 million worth of road and sidewalk rehabilitation/repairs,parking lot sealooating and parking lot construction. On June 15,2018,the City opened a total of six(6)submittals to this Bid.The submittal from Florida Blacktop,Inc.was deemed non-responsive for W meeting the minimum licensing requirements of the Bid. The submittal from Janice M. Riley, Inc. dba The Paving Lady was deemed non- responsive far failure to return Addendum No.1 as required by the Bid. In accordance with the terms and conditions of the Bid,the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price and other factors considered.Awards may be made to a maximum of two(2) responsive,responsible bidders on an Rem-by-item basis or for all items,whichever is in the City's best interest. In order to establish the lowest responsive and responsible bidders for award of this Bid,Public Works Engineering staff took what they estimated to be a typical project for the City and entered each vendors unit price into a quantity take off for that project.The results showed that Atlantic Southern Paving and Sealcosting was the low responsive bidder(primary)and M&M Asphalt Maintenance, Inc. dba All County Paving was the second lav responsive bidder(secondary). HOW WILL THIS AFFECT CiTY PROGRAMS OR SERVICES? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As these roads age, they are requiring more maintenance(i.e.pothole and crag repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reducing maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. FISCAL IMPACT: Each requirement processed against this open-end contract will be funded by the appropriate funding source;at the time of release. ALTERNATIVES: Reject all bids received.Resolicit the requirement.Require staff to perform these services in-house. STRATEGIC PLAN; STRATEGIC PLAN APPLICATION: ) CLIMATE ACTION: No CLIMATE ACTION DISCUSSION. Is this a gra GrantA nt s:/ to be c .no a 'c/ ov Sheet. x?lt — ...p /202& of 1743 Coversheet Page 2 of 2 ATTACHMENTS: Type Description 13 Tab Shoots Bid Tabulation-Asphalt and Sidewalk Rehabilitation 13 Bid Price Analysis-Asphalt and Sidmmlk Rehabilitation a Bid Advarlised Bid-Asphalt and Sidewalk Rehabilitation a Bid Bid Attachment A-Technical Specifications 11 Bid Addendum No. i to Bid Eid- Addendum No.2 to Bid https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemlD=4400&M... *394NA of 1743 The City of Boylgon Beach Finance/Procurement Services P.O.Box 310 y Boynton Beach,Florida 33425-0310 4 Telephone o: (561)742-6310 F . (561)742-6316 August 15,2018 Michael Curry, President Atlantic Southern Paving&Sealcoating LLC 6301 W.Sunrise Blvd. Sunrise, FL 33313 VIA E-MAIL TO:mjamescurry@atianticsouthempaAng.com REF:AWARD OF BID . 010-2512-1 /IT—ASPHALT AND SIDEWALK REHABILITATION (ANNUAL CONTRACT) Dear Mr.Curry At the meeting of August 7,2018,City Commission awarded the subject Bid to your firm. The initial term of the Contract will be from August 8,2018 thru August 7,2019. A link to the approved agenda item and associated backup may be obtained at the following link: httgs:Hboyntonbeach.novusaaenda.com/agandaintranet/CoverSheet.aspx?ltemiD=4400 eetinalD=197 Please submit your company's Certificate of Insurance, in full accordance with the terms and conditions of the Bid to my attention at your soonest convenience. Please ensure that the City of Boynton Beach is listed on the Certificate as an additional insured. In addition, please submit Performance and Payment Bonds In the amount of$350,000. Upon receipt of the PerformancelPayment Bonds, properly recorded in Palm Beach County records and Certificate of Insurance,we will provide you with a purchase order. The Contract Manager for this Contract is Gary Dunmyer, City Engineer, Telephone: (561)742-6231 and e-mail:dunmye[g@bbfl.us. We would like to thank you for responding to this Invitation to Bid and we look forward to working with Atlantic Southern Paving&Sealcoating on this requirement. Sincerely, e res Ilyse Triestman,CPPO, CPPB Purchasing Manager cc: Gary Dunmyer, MBA, City Engineer Central File File America's Gateway to the Gulf Stream Page 1022 of 1743 S LP& e s at Ll 6 yam+ 3 m mm 'f$ q Hffl fig M z sa After a ffi ffi a s s 3$�pie C g 8 ® f � a 1 z r E a � REq x a J ¢ j W L® all g O H a W VJ N W go J LLI CIF Q FA i f o 6 Ilj 1�IO�y� (J 1.7 lu 3= C`�� m a O W 4 d O IL o ®a 6 G n WW o* =O CC gp 0 g 6 Ery O n U U F Z6 0 Yl�k Epi O Z Page 1023 of 1743 Lums, Jonele From: Javier,Andrea Wednesday,August 21, 2019 12:07 P To: Luma,Jonele RE:COI requirements City of Boynton Beach Ceificate.pf Yes, the attached meets City requirements. Andrea Javier, IPMA-CP ter' Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 „ Physical Address:3301 Quantum Blvd., Suite 101 ; Boynton Beach, Florida 33426 561-742-6044 JavierA@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Luma,Jonele Sent:Wednesday,August 21,2019 10:22 A To:Javier,Andrea UavierA bbfl.us> Subject: FW:COI requirements Hello, Does this meet city requirements? Thanks, Jonele Luma Administrative Associate Public Works, Fleet Mailing Address: P.O. Box 310 11 Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6594 LumaJ@bbfl.us I boynton-beach.org/ Z Page 1024 of 1743 A R CERTIFICATE OF LIABILITY INSURANCE DATE o SM==-- 2019 THIS TIIC T 19 ISSUED AS A MATTER OF INFORMATION LY AND CONFERS NO RIGHTSUPON THE CERTIFICATE L I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEDTHE POLICIES BELOW. THIS CERTIFICATE INSURANCE DOES NOT CONSTITUTE A CONTRAC7 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE PRODUCER,AND THE CER71FICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIFRAL INSURED, poli les)must be endorsed. If SUBROGATION IS WAIVED,Object-to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not corftr rights e certificate holder In lied of such endo a nt(s). PRODUCER N E. Michelle Ril$Nn Bowen, Micleft&Britt of Florida, LLC PHONE 4 7®1616 FAQ Nej:IL40 1628-1635 1020 N.Orlando Avenue, Suits 200 MaitlandL 32751 DR • mfwhlng@bmbinc.com WOURE!gS)AFFORDING COVERAGE NACR INSURER A:Travelers Indemnity 25666 INSURED ATLANTICSO INSURER a-Travelers Pro Casualty Co of Amer 25674 Atlantic Southern Paving&Sealcoating, LLC iNsuRart c:Bridgefield Em to rs Insurance Co. 10701 Box 15591 Fort Lauderdale FL 33318-5591 INSU ER o INSURER E: INSURER F COVERAGES CERTIFICATE :2047722ODD REVISION IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI ED BELOW HAVE E ISSUED TO THE INSURED D ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING Y REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ICFs THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE A O D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC14 POLICIES.LIMITS SHOWN MAY HAVE EREDUCED BY PAID CLAIMS. Y LI=vim E INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY P LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CO-7NO40266 7r2SO019 712 626 EACH OCCURRENCE $1, CLAIMS-MADE PREMISES RENTED Iran $340,000 M (Any cne pera2a) $kow P kL&ADVINJURY 51,000' Is GEN'L AGGREGATE LIMIT APPLIES PER: AGGREGATE $2,000,00® LtCY PRO.JECT L PRODUCTS-CO MP1®P A G $2,000,000 OTHER: $ S AUTOMOBILE LIABILITY Y Y ail)4NS78878 712 019 7r2 620 COMBINED SINGLE LIMIT cidentA ANY ,71 TO BODILY INJURY(Per Peen) ',$ OWNEDALL SCHEDULED BODILY INJURY(Par accident) $ AUTOS AUTOS ERTY D E NON-OWNED r S bit AU AU708 PIPPerP@=n 510, B X UMBRELLA IJAB X CUR Y Y CUR-7N 673 7F2&12019 712 0 EACH OCCURRENCE $5.666,000 EXCESS LIAB CLAIMS-MADE AGGRE ATE $5, DED 1 1 Mom- PER3 C WORKERS COMP N ATI Y 902 71'1 019 7Q 0 X STATUTE I EERH_ ANISEMPLOYERS*LIL YP OPRI O E CUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 N NIA ( aIn NH) E.L.DISEASE-EA EMPLOYEE $1I000,000 P edbeundeer D SSRI 0a OF E Tt� 6nl E.L.DIS E- LICY LIMIT' $1, DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES (ACORD 101,Additional Remorks Schedule,may be aftichad If more space Is required) The folloWng policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance.The terms contained in the policies andfor endorsements supersede the representations Tirade Herein. Electronic copies of the policy provisions and/or endorsements listed bel are available by emalling,cerfitcates@bmbine.com When required by written contract,those parties listed in said contract,including the Certificate Holder,are added as an additional insured with respect to the General Liability,including ongoing and completed operations,Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE 14OL CANCELLATION SHOULD OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED I ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach PO Box 310 AUTHORIZED P SENTA I, Boynton Beach FIL 33426 1988-2014 A TI II rights reserved. ACORD 25(2414 1) The ACORD name and logo are registered e of ACORD Page 1025 of 1743 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT L ® CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART poPolicy Numb r Agency Number Policy e Date GL20934780402 084S507 0712812018 G I L Ic 2 y 0 N 9 m 47 b r Policy Expiradon Daft Date Account Number 0 M 7MM019 10822793 N a amed Insured Agency Issuing any T T.1 C q07 r FATLANTIC SOUTHI�iRN PAviNG & BOWEN MICLETTE & BRITT OF AMERISURE M=UAL INSURANC MIMC ;E CO TINS LL SEALCOATING, LLC FLORIDA, LLC COM1. PANY a. SECTION 11-WHO ISA INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business,or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract,written agreement,or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy.and (2) Be executed prior to the"bodily injury","property damage", or"personal and advertising injury" leading to a claim under this policy. c. if,however (1) "Your work"began under a letter of intent or work order;and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work.and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds. we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: ® That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a)Own; (b)Rent; (c)Lease,or (d)Occupy, (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury"or"property damage occurring after: CG 70 48 10 15 Includes copyrighted material of Insurance Services Office, Inc. Pagesl aF4 Page 1026 of 1743 POLICY#GL20934780402 EFFECTIVE DATES:07/28/2018-071282019 (a) All work to be performed by you or on your behalf for the additional insured(s)at the site of the covered operations is compleW including related materials, parts or equipment(other than service,maintenance or repairs)-,or (b) That portion of"your work"out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (3) Completed operations coverage,but only if: (a) The written contract,written agreement,or certificate of insurance requires completed operations coverage or"your work"coverage;and (b) This coverage part provides coverage for"bodily Injury-or"property damage"included within the"products-completed operations hazard". However,the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract,written agreement,or certificate of insurance: (1) Requires"arising out of language;or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured—Owners,Lessees or Cordractors—Scheduled Person Or Organization endorsement CG 20 10 10 01;or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 10 01; then the phrase"caused, in whole or in part,by" in paragraph 2.a.above is replaced by"arising out of. If the written contract,written agreement,or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional insured—Owners. Lessees or Contractors—Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 2010 04 13;or (2) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13,or (3) Both those endorsements with either of those edition dates;or (4) Either or both of the following: (a) Additional insured—Owners. Lessees or Contractors—Scheduled Person Or Organization endorsement CG 2010 out an edition date specified:or (b) Additional Insured—Owners,Lessees or Contractors—Completed operations endorsement CG 20 37 without an edition date specified-, then paragraph 2.a.above applies. d. Premises, as respects paragraph 2.a.(I)above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(1b)or 2.a.(11)(c)above does not extend beyond the end of a premises lease or rental agreement f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement-, (3) Certificate of insurance:or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc. CG 70 49 10 15 Page 1027 of 1743 POLICY#GL20934780402 EFFECTIVE DATES:07/28/201"7/2812019 g, The insurance provided to the additional insured does not apply to"bodily injury","property damage",or "personal and advertising injury"arising out of an architect's, engineer's,or surveyor's rendering of,or failure to render,any professional services, including but not limited to: (1) The preparing,approving, or failing to prepare or approve: (a)Maps; (b)Drawings-, (c)Opinions; (d)Reports; (a)Surveys: (f)Change orders; (g)Design specifications:and (2) Supervisory, inspection,or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the following: 4. Other Insurancit— Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a.Primary; b.Excess: c.Contingent;or d.On any other basis; but if the written contract,written agreement,or certificate of insurance requires primary and non- contributory coverage,this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured,and we will not share with that other insurance. 1. If the written contract,written agreement,or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85,then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h.Other Insurance. Additional insured status is limited to that provided by CG 201011 85 shown below and paragraph 2.h.Other Insurance shown above. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM 8) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract,Agreement.or Certificate of Insurance that the terms of CG 2010 1185 apply (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 CG 70 48 10 15 Includes copyrighted material of Insurance Services office. Inc. Pages 3 of 4 Page 1028 of 1743 POLICY#GL20934780402 EFFECTIVE DATES:OMEV018-07/28=119 j. The insurance provided by this endorsement does not apply to any premises or or for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 48 10 15 Page 1029 of 1743 6.X. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2018-2019 Budget Status Report of the General Fund and the Utilities Fund for the twelfth (12) month period ended September 30, 2019, Unaudited. EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the twelve (12) month period ended September 30, 2019 (100% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2018-19 FY 2017-18 FY 2019 vs. 2018 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 91,124 $ 91,880 101% $ 87,487 $ 86,382 99% 4.2% 9.5% &Transfers Expenditures $(91,124) $(88,404) 97% $(87,487) $(86,677) 99% 4.2% 6.7% Excess (Deficit) $- $ 3,476 $ $ (295) The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $3.4M surplus for the period ending September 30, 2019. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $75.2M or 82% of our total $91.1M General Fund budget estimate for FY 2018- 19. Transfers from other funds (non-revenues) provide $15.9M or 18% of the total funding sources to balance our $91.1 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 36.3M —Property taxes less Tax Increment Financing to the CRA 2. 42% - $ 38.9M —All other revenues plus General Fund Balance 3. 18% - $ 15.9M —Transfers from other funds Page 1030 of 1743 100% - $ 91.1 M —Total funding sources The property tax rate for FY 2018-19 is 7.9000 mills, no change from the prior year; the net property taxes of $36.3M in FY 2018-19 represent an 6.55% increase in property tax revenue or an increase of$2.2M from FY 2017-18. To balance the budget in FY 2018-19, it required transfers from other funds of$15.9M representing 18% of all funding sources. Actual Funding Sources Realized: At the end of the twelfth month in FY 2018-19, revenues and transfers realized are approximately $91.8M or 101% of the budget estimate compared to $86.3M or 99% realized to date in FY 2017-18. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $36.2M or 100% of $36.3M as compared to $33.8M or 99% of$34.OM for FY 2017-18, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 4.16% from $87AM to $911.11M. The budget increase was due to the cost of doing business, Town Square project, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures— General Fund expenditures for the twelfth month period ending September 30 (100% of the fiscal year, Unaudited) are $88AM that is 97% of the $91.1 M expenditure appropriation for FY 2018- 19. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $88AM or 97% of the FY 2018-19 budget. At this point in the fiscal year, FY2018-19 spending levels are $1.8M ahead of the $86.6M or 99% expended in FY 2017-18 for this same period, mainly due to Town Square costs. The chart below shows the monthly flow of sources and uses. Note: the month of October mainly reflects the payment of pension liabilities; December shows the highest collection of Ad Valorem Taxes and May shows mostly Town Square expenses. Page 1031 of 1743 Boynton Beach�General Fund Monthly Comparison of Revenues&Expenditures from October 2018 to September 2019, OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP UTILITY FUND The FY 2018-19 annual expenditure budget of $4871VI represents a $2.1K4 increase from the FY 2017-18 budget of $40.5K4. The operational forecast reflects an estimated decrease of $1.0K4 ofthe fund balance for FY2017-18. see Exhibit C. FY 2018-19 FY 2017-18 FY2019vs. 2018 Annual Actual boDate Annual Actual boDate Budged Actual Budget Amount Y6 BudQat Amount Y6 Y6 Y6 Revenues $ 48708 � 49524 102Y6 �40544 �43584 94Y6 40Y6 130Y6 &Tianofaro ' ' ' ' � � Expenditures $ (48.708) $ (40.273) 95% $ (40.544) $ (39.900) 86% 4.6% 16.0% Excess (Deficit) $- $ 3.251 $- $ 3.078 For the twelfth month period in FY 2018-19, * Revenues realized are $49.5K4 (102Y6) ofthe annual budget estimate. * Expenditures incurred are $46.21VI (95%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $3.2M. Expenditures (Exhibit Q) — Utility Fund FY 2018-19 expenditures to date are $40.21VI or 95% of the annual appropriation compared to expenditures of $39.01VI or 86% for the prior fiscal year (which excludes depreciation and the joint ventures axpanditurao). Page 1032 Of 1743 Boynton Beach Utility Fund Monthly Co parison of Revenues&Expenditures 79 from October 2018 to September 2019, Wowow $5,OW,000 t $4,OW,OW w R—� um iEx�+15i�s $0 GCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1033 of 1743 ATTACHMENTS: Type Description D Addendum GIF Statement of Revenues thru September 30, 2019 Addendum GF Statement of Expenditures thru September 30, 2019 D Addendum OF Statement of Revenues thru September 30, 2019 D Addendum 30, 2019 Statement of Expenditures thru September 30, 2019 Page 1034 of 1743 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30,2019(100%of Fiscal Year,Unaudited) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 44,146,986 $ 44,091,068 100% $ 41,458,358 41,188,352 99% LESS TIF TAXES TO CRA 7,816,311 (7,817,513) 100% 7,360,831 (7,336,119) 100% NET TAXES TO THE CITY 36,330,675 36,273,555 100% 34,097,527 33,852,233 99% LICENSES AND PERMITS BUSINESS TAXES 1,750,000 1,794,358 103% 1,731,000 1,753,677 101% BUILDING PERMITS 2,965,000 4,209,103 142% 2,712,000 3,480,743 128% FRANCHISE FEES 4,915,000 5,189,504 106% 4,865,000 4,715,685 97% OTHR LICENSES,FEES&PER 222,000 175,956 79% 222,000 180,942 82% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 75,000 78,257 104% 85,000 81,264 96% STATE SHARED REVENUES 8,852,000 9,051,828 102% 8,677,000 8,910,836 103% SHRD REV FROM OTHR LCL 335,000 375,277 112% 335,000 327,971 98% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 124,663 151,981 122% 121,300 137,657 113% CHRGS-GENERAL GOVT 508,688 485,016 95% 507,800 507,395 100% PUBLIC SAFETY 6,981,200 6,811,920 98% 6,086,500 6,253,460 103% PHYSICAL ENVIRONMENT 20,000 16,681 83% 20,000 25,339 127% CULTURE/RECREATION 411,500 370,108 90% 428,700 403,943 94% INTEREST&MISC REVENUE LIBRARY FINES 30,000 11,743 39% 30,000 17,803 59% VIOLATIONS LOCAL ORD. 393,000 488,522 124% 643,000 248,507 39% INTEREST EARNINGS 65,000 391,491 602% 65,000 75,328 116% RENTS AND ROYALTIES 363,800 476,646 131% 368,800 437,947 119% SPECIAL ASSESSMENTS 6,589,000 6,771,066 103% 6,589,000 6,859,492 104% SALE OF SURPLUS MATERIAL 1,500 9,183 612% 1,500 3,536 236% OTHER MISC.REVENUE 4,264,000 2,820,387 66% 4,715,145 2,922,789 62% INTERNAL FUND TRANSFERS TRANSFERS 15,927,000 15,927,000 100% 15,067,850 15,067,850 100% FUND BALANCE APPROPRIATED - - 0% 118,100 118,100 100% Total Revenues $ 91,124,026 $ 91,879,582 101% $ 87,487,222 86,382,497 99% $100,000 $91,12 41 Two Year Cumulative Revenue Comparison and CFY y $90,000 -Budget-($in thousands) $80,00041 c,° '¢ � 4 $70,000 fJ �r $60,000 - Nil $50,000 76 i r C $40,000 $30,000 $20,000 - Y $10,000 "s i $0 ........... ...T... ..... .... ......... ...mf ........... .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1a,,Cumulative 2017-18 Actual 1111111111111111lCumulative 2018-19Actual -4-2018-19 Budget S:AFin-cTinancial Reports\Monthly Financial ReportsTY2018-2019TY1819 Budget Review-GF-thru Sept 19 Summarized001 Revenue Summary Revised Page. $035 of 1743 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30,2019(100%of Fiscal Year,Unaudited) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 276,642 $ 274,295 99% $ 267,301 $ 260,738 98% CITY MANAGER 745,932 771,878 103% 746,362 749,325 100% CITY HALL/GEN.ADMIN. 3,837,051 2,880,247 75% 6,230,163 5,743,681 92% MARKETING/COMMUNICATIONS 464,668 386,994 83% 333,846 317,532 95% SPECIAL EVENTS 251,714 144,651 57% 0 0 0% TOWN SQUARE 5,630,454 4,261,419 76% 1,500,000 1,483,895 99% CITY CLERK 763,171 695,933 91% 569,241 559,440 98% CITY ATTORNEY 574,761 512,040 89% 724,916 715,719 99% FINANCIAL SERVICES 1,348,593 1,321,165 98% 1,184,980 1,164,327 98% ITS 2,439,074 2,328,773 95% 2,143,805 2,087,326 97% HUMAN RESOURCES 815,343 812,529 100% 824,823 713,081 86% UNIFORM SERVICES 17,307,392 17,366,109 100% 17,039,645 17,262,102 101% ADMINISTRATIVE SERVICES 3,452,639 3,025,538 88% 3,266,135 3,207,317 98% SUPPORT SERVICES 10,381,854 10,496,039 101% 9,953,470 9,914,131 100% FIRE 24,018,134 25,297,179 105% 24,270,971 24,542,603 101% COMMUNITY STANDARDS 2,219,335 2,005,048 90% 2,066,791 2,033,631 98% EMERGENCY MANAGEMENT 28,775 14,448 50% 22,320 15,116 68% BUILDING&DEVELOPMENT DEVELOPMENT 1,172,208 1,228,071 105% 1,136,941 1,129,848 99% BUILDING 1,487,060 1,525,870 103% 1,502,497 1,465,924 98% ENGINEERING 659,397 593,777 90% 622,155 615,184 99% PLANNING&ZONING 713,629 679,639 95% 756,125 748,826 99% ECONOMIC DEVELOPMENT 463,475 427,245 92% 412,318 313,791 76% PUBLIC WORKS PUBLIC WORKS 152,825 156,440 102% 245,550 245,204 100% FACILITIES MANAGEMENT 1,915,028 1,743,551 91% 2,023,598 1,882,921 93% STREETS MAINTENANCE 1,200,324 1,099,075 92% 1,127,135 1,137,099 101% LEISURE SERVICES LIBRARY 2,336,700 2,105,857 90% 2,315,127 2,284,615 99% SCHOOLHOUSE MUSEUM SERV 322,094 304,712 95% 254,971 239,477 94% RECREATION 3,011,935 2,892,321 96% 3,005,874 2,952,249 98% PARKS&GROUNDS 3,133,819 3,042,475 97% 2,940,162 2,868,319 98% CRA REIMBURSABLE&RESERVES - 10,277 0% - 23,261 0% Total Expenditures $ 91,124,026 $ 88,403,595 97% �$-- 87 487 222 $ 86,676,682 99% $100,000 Two Year Cumulative Expenditure Comparison and $91 14 $90,000 3 CFY Budget-($in thousands) $80,000 3 aka t, $70,000 3 I � $60,000 1 6 �1z' 5 $50,000 a� 1 Nb $40,000 3 CS Cx1 G] $30,000 I b4, %4' $20,000 $10,000 $0 ......... 759 $0 .... _.. Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative�Cumulative 2017-15 Actual Cumulative 2015-19 Actual 2015-19 Budget S:Tinan Tinancial Reports\Monthly Financial Repons\FY2018-2019TY1819 Budget Review-GF-thin Sept 19 Summarized001 Expenditure SummaryRevised Page 1,0W of 1743 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30,2019(100%of Fiscal Year,Unaudited) REVENUES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 22,542,000 $ 22,702,287 101% $ 21,675,000 $ 20,137,752 93 WATER CONNECTION FEE 150,000 87,101 58% 150,000 43,785 29 WATER SERVICE CHARGE 850,000 903,440 106% 850,000 854,230 100 WTR-BACKFLOW PREVNTR TEST 14,000 19,515 139% 10,000 20,596 206 RECLAIMED WATER SALES 310,000 514,720 166% 64,000 333,230 521 SEWER SERVICE 19,635,000 19,562,801 100% 18,870,000 17,518,925 93 STORMWATER UTILITY FEE 4,100,000 4,178,837 102% 3,800,000 3,561,369 94 TELEVISE SEWER LINES 10,000 14,566 146% 5,000 24,152 483 FEES 20,000 49,701 249% 20,000 30,177 151 INTEREST INCOME 35,000 372,069 1063% 35,000 (3,915) -11 SALE OF SURPLUS MATERIAL 2,000 730 0% 2,000 - 0 OCEAN RGE UT TAX ADM CHG 800 1,009 126% 800 854 107 MISCELLANEOUS INCOME - 77,584 0% - 516 0% FUND BALANCE DECREASE(INCREASE) 1,039,304 1,039,304 100% 1,061,993 1,061,993 100 TOTAL REVENUES $ 48 708 104 $ 49,523,664 102% $ 46,543,793 $ 43,583,664 94 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 _ Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $48,708�tio $50,000 3° w'ati $40,000 Wti l6 ^ $30,000 ��....w ti $20,000 3r° $10,000 k, $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulati-2017-18A-1 -WMCumuhti-2018-19A-1 2018-1913udget ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S:\Finance\Financial Reports\Monthly Financial Reports\FY2018-2019\FY1819 Budget Review-OF-thru Sept 19 Summari-d401 Rev Sum Page 1037 of 1743 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30,2019(100%of Fiscal Year,Unaudited) EXPENDITURES FY 2018-19 FY 2018-19 TO DATE FY 2017-18 FY 2017-18 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED WATER DISTRIBUTION $ 1,958,189 $ 1,757,766 90% $ 1,946,158 $ 659,620 34% PUBLIC WATER TREATMENT 6,683,780 6,143,072 92% 6,009,493 5,683,756 95% METER READING&SERVICES 1,324,231 1,162,880 88% 1,284,678 1,274,130 99% WASTEWATER COLLECTION 1,620,043 1,533,617 95% 1,674,357 1,504,916 90% WASTEWATER PUMPING STATNS 2,861,825 2,542,589 89% 2,810,391 2,435,974 87% SEWAGE TREATMENT 4,856,000 4,373,019 90% 4,550,000 4,129,070 91% WATER QUALITY 644,646 533,463 83% 642,397 590,662 92% UTILITY ADMINISTRATION 17,818,261 17,172,997 96% 17,046,237 16,791,038 99% UTILITES ENGINEERING 1,523,222 1,403,218 92% 1,478,276 1,395,292 94% STORMWATER MAINTENANCE 1,255,446 1,018,558 81% 1,148,994 1,103,564 96% CUSTOMER RELATIONS 1,175,261 1,130,121 96% 1,226,307 1,185,278 97% DEBT SERVICE 6,987,200 7,501,684 107% 6,726,505 3,153,074 47% Total Expenditures $ 48,708,104 $ 46,272,984 95% $ 46,543,793 $ 39,906,374 86% ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) $48,708 $50,000A- " Ti I ro $40,000 ' r I $30,000 Aro $20,000 ti �'� 177 7,71 $10,000 $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep =Cumulative 2017-18Actual Cumulative2018-19Actual 2018-19Budget S:AFinanceAFinancial Reports\Monthly Financial Reports\FY2018-2019AFY1819 Budget Review-OF-thru Sept 19 Summari-d401 Exp Sum Page 1038 Of 1743 6.Y CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Accept fourth quarter and year end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 18/19. EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly schedule Commission Meeting. Report covers July 1, 2019 through September 30, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Budgeted None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Museum O4 Report and YE FY18-19 Page 1039 of 1743 Schoolhouse MUSEUM & LEARNING Quarterly Report FY '18/'19 4th Quarter General Operations The fourth quarter of the fiscal year realized a 2.5% revenue decrease over the same period last year as well as a 9% decrease in expenses. Neither decrease was a surprise as concerted efforts were made to minimize expenses in light of the Town Square Construction and its effect on Museum lines of business. The quarter ended with a $9,517.35 loss. Despite the construction, general visitation remained essentially stable over the previous year. Membership Sales, Group Visits and Party/Facilities revenue were more significantly affected due to the uncertainty of access and/or lack of outdoor amenities (playground). Revenue Total Gross revenue, for FY'18/'19 -Q4 was$113,090.48 vs. $116,118.53 FY '17/'18—Q4. Expenses Overall expenses for the fourth quarter of'18/'19 -Q4 were $122,607.83 VS$134,911.34 in FY'17/'18— Q4. Fiscal Year Summary When factoring in Town Square construction and the challenges it presents, overall the Museum did surprisingly well. Most notably, visitation. During the Fiscal year just ended,the Museum welcomed 33,000 + visitors,while the previous year 35,000 +were welcomed. This indicates that the Museum is a destination for families with young children and (so far) they are willing to navigate the challenges presented by construction. During fiscal year'18/'19 some lines of business showed improvement over the previous year, while some areas of operations remained flat or decreased slightly. Notably, Program Fees increased by 53.4%, Non- Government Grants increased by 28.2% and the Spring Fundraiser was a success. The Museum ended the '18/'19 fiscal year with a deficit of$7,673.06 which is a decrease of 77.3% over the previous year. This loss is non-cash and is offset by depreciation. Going forward, an increase in the pursuit of grant funding is a focus for the '19220 fiscal year and the Spring Fundraiser, "Too Cool for School", will take place on April 23, 2020. Respectfully submitted, Suzanne Ross Executive Director Page 1040 of 1743 62. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Approve Award of Request for Qualifications (RFQ) No. 038- 2821-19/TP as recommended by the Selection Committee and authorize staff to conduct negotiations with the recommended top ranked proposers to establish contracts in accordance with for General Consulting Services and as per Florida Statute 287.055, otherwise known as the Consultants' Competitive Negotiation Act(CCNA). At completion of negotiations, contracts will be brought back to the Commission for approval. EXPLANATION OF REQUEST: On October 31, 2019, pursuant to the Consultants' Competitive Negotiation Act(CC NA), Procurement Services opened a total of two (2) proposals in response to the "Request for Qualifications for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services." This RFQ was issued seeking qualifications from firms interested in providing system programming, preventive maintenance and repair services to the City. After reviewing all proposals in accordance with the evaluation criteria contained in the RFQ the selection committee scored and ranked the proposers as follows: PROPOSER RANKING McKim& Creed, I nc. 1 Star Controls, I nc. 2 Based upon these ranking scores, the Committee Members unanimously voted to accept the rankings and recommended by consensus to prepare an agenda item to City Commission recommending approval of these rankings and authorization to proceed in negotiating Contracts with both proposers. The highest ranked proposer is being recommended as the primary firm and lowest ranked proposer as secondary firm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By providing staff with the ability to negotiate for contracts, this will facilitate on-going capital improvement projects that will effectively and efficiently enhance operations at the City of Boynton Beach Utilities. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval; contracts between the City and the selected firms will be submitted to Commission for approval. ALTERNATIVES: Not accept the committee' rankings; Request oral presentations to commission then rank; or Page 1041 of 1743 Not to award and issue a new Request for Qualifications. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Other McKim& Creed RFQ Response D Other Star Controls RFQ Response D Other Summary of Re\Aewer Scores Page 1042 of 1743 Pump Status .... utility Wet Well Vie Setpoirt Contm I 4, J`Mwwl Not High Level High Level Float L.9-Lag Level 1-1—t L.9 L—el Ficial Lead Level Float Float iF.S!FT arm Hum Silenced Alarm I I 11 I'll D I i p I I y Pump Contmi ...............Station Control Communication sta I r I t I Y I Runtimes R Urm Ham P P..p 2 OVERRIDE! OVERRIDE!! N-1 N..al OvemJde Ovouide Disable Disable LS317 Type:'.Mosead-L Site Id: 1 RFQ#038-2821-19/TP REDDEST FOR DUALflCATMNS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES SUBMITTED TO: CITY OF BOYNTON BEACH 13301 QUANTUM BOULEVARD, SUIT[ 1011 BOYNTON BEACH, FLORIDA 33426 561.742.6447 SUBMITTED FY: MCKIM 5 CREED I CLIARWATIR, FLORIDA 4 e-`*'�MCICM&CREED 727.442.7196 1 MCKIMCRI[D.GOM ENGINEERS SURVEYORS PLANNERS TABLE OF Alft a Ion 0 ,h, M ME 0 0 0 0 0 0 0 P e U,0E, NTENT6 Section 1 - Letter of04 � Interest MW 4, UbSection 2 - Firm's = Qualifications Section 3 - Qualifications of Project Team Section 4 - Current &24 Projected Workload ' Section 5 - Demonstrated Zb Knowledge 4' n .w Section 6 - Approach ;_ 35 Section 7 - ReferencesuTi ryB2' '' � 4 try xH x' '" wiw m, 3 Section 8 - Forms & r Documents MCKIM&CREED ENGINEERS SURVEYORS PLANNERS Page 1045 of 1743 1 ;` "M LETTER OF INTEREST SECTION 1 INCLUDES: LETTER OF INTEREST MCKIM&CREED ENGINEERS SURVEYORS PLANNERS September 24,2019 Taralyn Pratt Contract Coordinator City of Boynton Beach Procurement Services 3301 Quantum Boulevard,Suite 101 Boynton Beach, FL 33426 RE; RFQ # 038-2821-19/TP REQUEST FOR QUALIFICATIONS FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES Dear Ms. Pratt and Members of the Selection Committee: The City of Boynton Beach has a strong vision of what is required from their automation system to provide the best service to their customers.This vision includes the implementation of data interoperability between software packages such as CMMS and GIS,and using SCADA collected data to make sound operational decisions. Our team of dedicated, responsive professionals is fully prepared to guide you through the best options available for your SCADA needs. PHILOSOPHY/At McKim &Creed,we always put our client's needs first following our corporate vision of"People Helping People to Achieve their Goals and Dreams."We achieve this first by understanding your concerns,challenges,and needs.We understand the importance and benefits of maintaining an updated SCADA system. It is imperative for a utility provider to have a current and stable SCADA system to monitor and control processes,save time and liberate operator resources for more important tasks. TEAM QUALIFICATIONS/ McKim &Creed's SCADA team is comprised of talented controls engineers,designers, programmers, integrators and field administrators.Collectively,we have over 150 years of experience with SCADA systems in the municipal and industrial markets.We have 27 licensed professional engineers in Florida alone.Our team is rounded out with key specialty services, including network security resources,and electrical engineering support. EXPERIENCE 0 KNOWLEDGE/ Established in 1978, McKim&Creed offers a full range of engineering,surveying and planning services.With nearly 600 employees,core competencies of the firm include SCADA system design, PLC programming,SCADA HMI configuration, IT networks and cyber security,water and wastewater process planning and design,electrical and site/civil engineering,structural engineering,and surveying specialties.SCADA is a primary focus of our company,which means that our focus on technology is your benefit. UNDERSTANDING OF SCOPE/We understand the need to maintain operations,and we have extensive experience upgrading control systems with these requirements. Under this contract,we understand the selected consultant will receive individual work orders on an ongoing basis to provide SCADA planning,design and integration at City facilities.With our in-house capabilities,we will also be able to assist with networking issues,cyber security concerns,and process improvements. Sincerely, McKim &Creed, Inc. Mike Stoup, PE Electrical & Instrumentation Group Manager 192033 1365 Hamlet Avenue,Clearwater, FL 33756 I 727.442.7196 I mckimcreed.com Page 1047 of 1743 1"M;� FIRMS QUALIFICATIONS SECTION 2 INCLUDES: PROPOSER'S QUALIFICATION STATEMENT STATEMENT OF FIRM'S QUALIFICATIONS OFFICE LOCATION PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation x Name: McKim &Creed, Inc. Partnership Address: 1365 Hamlet Ave. Individual CITY, State, Zip: Clearwater, FL 33756 Other Telephone No.: 727.442.7196 Fax No.: 727.461.3827 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: McKim &Creed, Inc. The address of the principal place of business is: 1730 Varsity Dr.Venture IV Building Ste. 500 Raleigh, NC 27606-2689 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: 1/2/1981 b. State of Incorporation: North Carolina C. President's name: Chairman: Michael Creed,CEO:John Lucey d. Vice President's name: Edward Pollard e. Secretary's name: Herbert P. McKim f. Treasurer's name: Chief Financial Officer,Chris Nelson g. Name and address of Resident Agent: Grant Livengood 1730 Varsity Dr.Venture IV Building Ste. 500 Raleigh, NC-2/606-268Y THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 27 Page 1849 Of 43 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 8 Years Under what other former names has your organization operated? McKim &Creed, P.A.,and McKim&Creed Engineers, P.A. 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. F11000001885 is the State of Florida Corporation number,Our Florida PE license is CA29588. Certificates are attached 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES N/A NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 28 Page 43 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) Please see section 3. 11. State the name of the individual who will have personal supervision of the work: Mike Stoup, PE 12. State the name and address of attorney, if any, for the business of the Proposer: Edward Pollard, 1730 Varsity Drive Venture IV Building,Suite 500 Raleigh, NC 27606-2689 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: Herb McKim owns 13.8%.Address:4669 NW 30th Place Ocala, FL 34482. No business or individual owes more than 5%aside from Herb McKim. 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: N/A. 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 29 Page 18511 Of I 43 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work 9 b. Non-Governmental Related Work 9 Total Work a +b): 10 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone First National Bank 4711 Six Forks Rd. Raleigh, NC 27609 919-881-1637 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). McKim & Creed is committed to meeting schedules and budgets. We have never had a delay claim resulting from our failure to complete implementation services on any projects.Time is money, and project schedules can greatly impact the financial success of a project.All projects require funding, and by observing scope boundaries and executing on schedule,the project will be delivered within the funding budget.To maintain the schedule and budget established at the beginning of the project, we hold routine internal project reviews to measure our progress. Communication with the City and other contractors is a critical component of our work to ensure everyone is aware of potential issues before they happen. This way, issues can be addressed immediately and the project can move forward as scheduled. Using these tools, we can identify early in the project if tasks are deviating from the projected path and take corrective action. 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): Please see pale 58 for our complete QA/QC policy and standards. McKim &Creed is committed to maintaining a high quality of service in all of our projects. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 30 Page 1852 of, 11 43 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES FX—] NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). N/A. 22. What will be your turnaround time for written responses to City inquires? 1-2 days depending on the inquiry. 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. None. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. American Integrity Insurance v. McKim &Creed - 17-CA-002788- Property damage claim relating to survey boundary rod -2017- Dismissed in 2017. Onslow Water and Sewer Authority v. McKim &Creed -17 CVS 1949-Claim based on improper equipment being installed by contractor-2017- Dismissed in 2018.Tony E. Hawley Construction Co.v. McKim &Creed - 17 CVS 738-Claim from contractor that time extensions were not properly granted -2017- Dismissed in 2017 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. None. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-SCADA System Programming,Maintenance&Repair 31 Page 43 26. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. No. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signe: w . (Title) Electrical & Instrumentation Group Manager Subscribed and sworn to before me Thisday of September 2019 ,n Notary,Public i nature � rv+ MANET.ACHINEW ire I/ P EXPIRES:April 1,2022 .� .N� r Pub9cUnderxRltera THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair 32 —P-cTga 11554 of 743 ® 1 1 1 c At McKim &Creed,we are committed to the communities KEY QUALIFICATIONS we serve.Whether it's designing sustainable water solutions, creating energy-efficient environments, planning thriving #1 Instrumentation and control system communities,or gathering data for safe transportation networks, programming/SCADA we work to improve the quality of life for our clients. McKim ------------------------------------------------------------- &Creed is an employee-owned company that has been in #2 Water,wastewater,stormwater and reclaimed operation since 1978. water engineering ------------------------------------------------------------- AS EMPLOYEE-OWNERS,OUR TEAM MEMBERS ARE COMMITTEDElectrical,civil,environmental, mechanical, electrical, plumbing and structural engineering TO CONTRIBUTING TO THE SUCCESS AND WELFARE OF OUR CLIENTS AND OUR COMMUNITIES. #4 Design-build/alternative delivery ------------------------------------------------------------- Our guiding principle of"people helping people" means we place #5Hydrographic and conventional surveying service and relationships above profits. But don't take our word for it,our clients are just as satisfied with our final products as ------------------------------------------------------------- we are with our work: #6Master planning and hydraulic modeling ------------------------------------------------------------- Condition assessment and system rehabilitation "Your commitment to helping us and your cooperative attitude are to be commended." SUBCONSULTANTS Stephen Bozmon For this project, McKim&Creed will be providing complete Charlotte County,Florida SCADA and electrical service in house,without the use of subconsultants. SCADA TECHNICAL SCADA is the central control component in any process system. A properly engineered and implemented SCADA system is imperative to a utility's successful operation. ; i Backed by more than 40 years of industry experience,the I&C 01, professionals professionals at McKim &Creed know and understand water L and wastewater operations and the processes that control them.Through our approach of collaborative teamwork, s , outstanding engineering design,seamless system integration, 41 thorough training and ongoing support,we plan,design and -- implement in-plant and system-wide SCADA/I&C systems that enable utilities to operate efficiently,effectively and safely. I McKim &Creed has first-hand experience with the City's Enterprise wide control room. VTScada applications and Siemens PLCs,as well as the Motorola PLC I EXPERTISE system.This means we will be able to execute projects and respond to issues with the full knowledge of the City's systems SIEMENS SCHNEIDER ELECTRIC and goals in mind. In addition,we bring extensive SCADA S7-200 Modicon PLC experience to this contract,and will be able to suggest and S7-300 SCADAPack implement ideas from other clients and industries. S7-400 Citect HMI WinCC HMI ClearSCADA AR EAS F EXPERTISE Wonderware InTouch MOTOROLA Wonderware App Server SCADA Master Planning ACE 3600 (Archestra) System Research& Documentation FI Us&RTU's Wonderware Historian • System Engineering TRIHEDRAL VTSCADA HMI GE y iFIX System Design COMMUNICATIONS CimplicitySerial RS-232 and RS-485 PLC Programming Modbus and Modbus TCP RX3i,RX7i PLC HMI Programming Ethernet IP and TCP ALLEN-BRADLEY ROCKWELL DeviceNet PLC-5 Network Design ControlNet SLC-500 Radio&Cellular Telemetry Profibus ControlLogix System Commissioning ProfiNet CompactLogix Serial radio FactoryTalkTViewSE and ME System Security Analysis Ethernet radio HMI UL 508A Certified Panel Design Licensed and unlicensed Panelview frequencies Historian Cellular Modem Configuration Point-to-point and point-to- AUTOMATION DIRECT PLC multipoint Cellular Single mode and multi-mode fiber optic CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 14 Page 1056 of 1743 ELECTRICAL TECHNICAL COMPETENCY Electrical power is one of the most critical portions of any plant IS'� �,` and the single largest operating cost. f � a J0 Backed by more than 40 years of industry experience,the electrical engineers at McKim&Creed know and understand water and wastewater operations and the processes that control them. Through our approach of collaborative teamwork,outstanding engineering design,seamless power system integration,thorough training and ongoing support,we plan,design and implement in-plant power distribution systems that enable utilities to operate efficiently,effectively and safely. %t McKim &Creed has experience with Siemens distribution gear �� 1 •.. and VFDs,generators and automatic transfer switches.We are r" comfortable designing networked solutions for power equipment, and we use that technology to improve the monitoring and control � �� of devices. Our team frequently updates or performs Arc Flash Analyses for plants,and has experience with breaker coordination Our electrical team has experience with a wide variety of water and wastewater treatment plants nationally and and short circuit analysis.As a Florida based group,our familiarity throughout Florida. with lightning and the necessary protection for equipment will greatly benefit the City. EAS OF ELECTRICAL EXPERTISE Power System Analysis,Arc Flash, Automated Lighting Control Systems Electrical and instrumentation wiring Coordination, Harmonic Distortion Lightning Protection Design and duct bank systems. 600v, 5kv& 15k Power Distribution Construction Administration, Electrical evaluations and studies Design Observation,Owner Representative including short circuit current studies Renewable Energy Generation Specifications&Equipment and arc flash mitigation. Backup& Emergency Generation Integration with Automation Systems Design and implementation of voice/ EPA Compliance data/video networks using fiber optic, p Power Distribution and Smart MCC's in UTP and Ethernet systems. Master Planning&Asset Assessment general with emphasis on Siemens. Power Distribution and Smart MCC's in Critical Load Control Design and implementation of electrical general with emphasis on Siemens. Raceway Systems Design & Modeling power,grounding,lighting,and motor control systems. TO PROV I DE ,1i E MOST a rO eat E RESPECT FOR PEOPLE WE, CLIENT SATISFACTION CONTINUOUS I PROVE T OWNERSHIP SAFETY PE00"PLE 1 1 r P1, ill 6% 1) PE00"PLE TO BEA WORLD-CLASS CONSULTANCY OF PEOPLE HELPING PEOPLE DEFINE AND ACHIEVE THEIR GOALS AND DREAMS. CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1057 of 1743 IBC TECHNICAL COMPETENCY McKim &Creed has extensive technical experience in design, maintenance, inspection,and implementation of instrumentation work pertaining to SCADA and related control systems. Design of P&Ds for process controls stems. Design and implementation of new instrumentation systems for process control. Calibration of instrumentation such as level,flow, pressure, and temperature transmitters as well as analyzers. A section of a control panel recently installed by our team. SERVER AND NETWORKING TECHNICAL McKim &Creed has the expertise necessary to design, maintain, inspect and implement server and network systems related to the SCADA system consisting of, but not limited to: - SOFTWARE: MS SQL Server Excel Reporter Expertise with Microsoft Server OS. � , Software Defined Storage SERVERS&NETWORKING DNS, DHCP,AD&domain controllers Virtualized server systems Network management software Layer 2 and 3 Switches Yt • Routers Firewall systems High availability systems We have extensive experience with implementing,design- ing,and maintaining network systems.Above is a photo of a recent installation of a multi server system. CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 16 Page 1058 of 1743 1 LOCATION SERVICE OFFICES Our Clearwater office is the main hub of our Electrical & Instrumentation group, and we plan to provide the majority of our services from that location.Additional support can come from any of our nearby offices,or throughout the country with remote access. McKim &Creed's depth of local resources offers the flexibility to provide experienced staff at your disposal to keep your project on track. We are willing and capable of responding to requests within one hour by phone or VPN,and on site within 4 hours as necessary. McKim & Creed's depth of staff resources ensures that we can service multiple locations at one time. OFFICE LOCATION ITI L RESOURCES APk MW in 1365 Hamlet Ave There are over 150 staff Clearwater, FL 33756 c members in the Florida offices, including all personnel assigned to this task. CONTACT ACTIVITIES PERFORMED Mike Stoup, PE Our technical specialties at this 727.442.7196 �� location include SCADA/controls, MStoup@mckimcreed.com electrical, civil, water, wastewater, & reclaimed water engineering. LOCATIONS *Our team in the nearby Clearwater 1 office will manage the services requested by FLORIDAthe City. Clearwater* Tampa Daytona Beach Orlando Deland Palm Coast Fort Myers Sarasota Jacksonville Pensacola CKI &CREED I RFQ No.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1059 oy f1743 UUALIFICATIONS OF PROJECT TEAM SECTION 3 INCLUDES: ORGANIZATIONAL CHART RESUMES FOR KEY PROJECT MEMBERS 41 ORGANIZATIONAL I f iin _____________________________ x C A PROJECT MANAGER _ David Eike, PE --------------------------------------- CLIENT SERVICES MANAGER Mike Stoup PE ELECTRICAL 15 C -------------------------------------------------------------------------- PRIMARY PROJECT PRIMARY PROJECT PROFESSIONAL - ELECTRICAL PROFESSIONAL - 18C Aubrey Haudricourt, PE Eric Brown ------------------ -----------____s________________ s , ENGINEER INTERN s SENIOR PROJECT ENGINEER SENIOR 18C SPECIALIST PROJECT ENGINEER Laurel Smith, EI Mike Fadini, PE Flavio Velecela, EI Brian Thorniley, PE ,,siFs,a ENGINEER INTERN 18C SPECIALIST Suvath Seng, EI Tamer Aldamanhouri CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1061 o'?l 743 IN David has over 30 years of extensive design and project management experience with large water and wastewater projects. In addition to design of wastewater and water facilities, he has additional expertise in instrumentation, control systems, supervisory control and data KEY QUALIFICATIONS acquisition (SCADA) system, and electrical system design. Previous experience includes roles as project manager for numerous water, wastewater, and industrial projects that included ✓SCADA Systems Planning& treatment plants and pump stations. Design ✓11 I 11 nstrumentation 11&Co11 ntro11 ls SELECT PROJECT EXPERIENCE (I&C)Systems Pembroke Pines SCADA Evaluation I Ingemel S.A. LLC I Pembroke Pines, FL Mr. Eike served as I&C Engineer. McKim&Creed conducted field research to review the City of ✓PLC&HMI Software Pembroke Pines'SCADA system and provide an analysis of the lifecycle with recommendations Implementation on upgrades to the system. ✓WirelessCommunications Central Pasco Beneficial Water Reuse Project I Pasco County, FL Systems Mr. Eike served as Lead I&C Engineer for award-winning land application system consisting EDUCATION of groundwater recharge treatment wetlands using excess reclaimed water.The 3,000-acre site includes 15 created wetlands totaling over 176 acres. Facility is remotely controlled and B.S., Mechanical Engineering, monitored via the County's SCADA system with separate wireless communications to each Washington University remote pond site,which are powered by solar panels. LICENSURE Fowler WRF Expansion I Forsyth County, GA Mr. Eike served as Lead I&C Engineer for a $63 million MBR wastewater treatment plant Professional Engineer, expansion. Project expanded an existing facility with new headworks(coarse and fine screens, FL#75318 " grit removal,and septage receiving station),flow equalization tank, ultraviolet disinfection, Professional Engineer,GA, KY, sludge dewatering centrifuges,and effluent pumping. New ControlLogix PLCs were installed MO,IL and new equipment control panels integrated into the existing, upgraded control system. L-8 Reservoir, Pump Station and Intake Structure Design/Build I South Florida Water AFFILIATIONS Management District I West Palm Beach, FI International Society of Mr. Eike served as Lead I&C Engineer on a $64 million design/build team for a new 450-cfs Automation pump station and associated 300-cfs intake structure. Pump station consisted of two stages of pumping with three pumps each. Pump operation was dependent on reservoir level and CERTIFICATIONS discharge flow. Pumps are remotely operated through the District's redundant radio telemetry SCADA system and are designed to operate at the most efficient energy level. NFPA 70E Electrical Safety Training Water Treatment Plant I City of Roswell,GA Mr. Eike served as Lead I&C Engineer for a new 3-mgd water treatment plant.The$15 million OSHA 10-Hour Construction project included controls for a new raw water intake pump station; a 10-MG raw water Outreach Training storage tank;flocculation; sedimentation; conventional multi-media filtration with air scour CPR,AED, and Basic First Aid and backwash; high service pump station; and chemical feed systems. Control system was Training based on Control Logix PLCs with fiber optic communications,Wi-Fi network with tablet control, control room console design,and integration of security and CCTV systems. MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1062 oz01743 Mike's career spans over 25 years of design,implementation and management of SCADA system and process instrumentation and controls projects in the industrial and municipal marketplace. He offers extensive experience in the areas of project management, QA/QC, control system KEY QUALIFICATIONS planning and design, PLC and HMI software implementation, communications and network planning and control systems implementation. His system hardware and software knowledge ✓Project Management extends to platforms provided by Allen Bradley/Rockwell,Schneider Electric,Trihedral, Inductive ✓QA/QC Automation and Wonderware software. ✓Automation &Controls'' " SELECT PROJECT EXPERIENCE ✓Electrical Engineering Fiesta Village WWTP Filter PLC Upgrade I Lee County, FL Mr. Stoup served as project manager,designing a new control panel to replace an aging ✓1&C/SCADA System Hardware Modicon PLC with an Allen-Bradley CompactLogix.The design also included incorporating the existing valve controls into the new panel and relocation of level monitoring.The existing valves EDUCATION were replaced and the actuators were changed from 480VAC to 120VAC to minimize power B.S., Electrical Engineering, consumption.This required a new power distribution design and an MCC evaluation. Included University of South Florida in the scope was an RFP development,full specifications, proposal review and recommendation of award. LICENSURE HMI Evaluation and Recommendation I Hillsborough County I Tampa, FL Professional Engineer, The McKim &Creed team evaluated six different SCADA Human Machine Interface(HMI) FL#65702 software platforms and submitted an evaluation report of the findings with recommendations to Hillsborough County.The evaluation was performed to provide the County with a basis for Professional Engineer,TX, INC, LA determining if an upgrade to its HMI software is required,and which of the available software platforms would best support the County's management of its water and wastewater utilities. AFFILIATIONS Van Dyke Effluent Pump PLC Addition I Hillsborough County, FL FS-AWWA Automation Mr. Stoup served as the project manager for the electrical,controls and programming changes Committee Chair needed to upgrade the controls of the three effluent pumps and connect them to SCADA at ISA Tampa Chapter Vice the County's Van Dyke Effluent Pump Station. In addition,the County added a continuous level President&Past Program Chair transmitter to the clearwell to drive the effluent pump motors with VFDs to minimize starts and stops and reduce power consumption. McKim &Creed added an automatic, hard-wired fail- over system should the PLC or the level transmitter fail to ensure operational reliability. McKim &Creed also updated the plant P&IDs for this addition, provided the design of the control panel, procured,fabricated and installed the panel and instruments, programmed the PLCs and Citect,and performed check-out,startup and commissioning services.This upgrade was accomplished without a shutdown of the facility. FMS Phase II SCADA Server Split and Rebuild I Hillsborough County, FL Mr. Stoup served as project manager. McKim &Creed was selected to create a single Citect HMI application with four separate clusters(FMS, FMSN, FMSC and FMSS)for the Northwest pumps, BSOC and South County AWTP Citect application zones.This single application was loaded on each of the three sets of redundant server pairs. WWTP SCADA Upgrade Evaluation I City of Inverness I Inverness, FL Mr. Stoup served as principal. McKim &Creed provided professional engineering services to replace the aging SCADA system at the City's wastewater treatment plant with a VTScada HMI. The scope of work included onsite programming and configuration work to stabilize the old system while upgrades were accomplished. CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1063 oz11743 I Mr. Brown offers extensive experience in designing, building and installing hardware for SCADA applications in the wastewater and water industries. Mr. Brown is an expert in PLC programming using Siemens,Emerson,Schneider Electric,GE,Automation Direct and Allen Bradley applications KEY QUALIFICATIONS and has experience with numerous SCADA related Human Machine Interface (HMI) software SCADA packages including Wonderware,CitectSCADA,VTSCADA, Rockwell FactoryTalk,and IFix. ✓ ✓HMI SELECT PROJECT EXPERIENCE Boynton Beach SCADA Upgrade, City of Boynton Beach, Boynton Beach, FL ✓PLC Programming McKim &Creed is developing a new VTScada HMI application to replace the previous ✓Electrical Circuits and Collections System HMI application.We are removing the custom DCR Layer and upgrading the Design software to the newest version while keeping the same look and functionality.This approach will remove the instability of the DCR Layer and make the transition seamless to the operators. ✓Electrical Control Panel The screens that represent the plant equipment will be developed to match the existing East Design Plant HMI screen design so when the application is complete and it is combined with the East ✓Communications Plant application,the final product will be consistent and easy to use.Through the process we developed demonstration screens that were presented to the City during a workshop. ✓Networking Comments were received and incorporated into the screen design to fine-tune the screens to meet the City's goals.The application communicates to over 150 lift stations and other remote EDUCATION sites through the existing Motorola system.The development included reverse-engineering B.S.E.E Electrical Engineering, the DCR Layer and Motorola tagging scheme to properly assign the Motorola addresses within University of South Florida the HMI application.All common screens were developed using templates to reduce the development time and make adding stations in the future simple and quick. A.S.Computer and Electrical Engineering,Tampa Technical Chilled Water SCADA, City of Boynton Beach, Boynton Beach, FL Community College The City is implementing a large downtown renovation project,and to support the new development they are adding a chilled water plant.This plant will supply chilled water to A.A,+General Studies, Saint businesses in the downtown area,and the City will use the water as a revenue source.We Petersburg College were hired to develop a standard design for the control panels that will be placed at each of the customers sites which will measure the flow of water for billing purposes and provide the CERTIFICATIONS ability to monitor and control the station. McKim &Creed developed the network architecture Wonderware System Platform to provide communications between the customer's stations and the City's VTScada application. In addition,the same network architecture is used to share station data with the Wonderware Intouch Trane chilled water system to optimize the process and maximize the output of the system. W11 onderware Historian To provide the client with visibility of their station's data, McKim &Creed included a web page enabled device in the design.This device can be accessed through a wi-fi or hard-wired connection that is isolated from the City's network and completely secure. MARS Management Improvements, Manatee County, Bradenton, FL Mr. Brown served as instrumentation &controls designer for the evaluation,design and construction phase services of facilities and controls that provide the County with a centralized location to monitor,control and automate RCW system operations.These improvements enabled the County to monitor localized system flows and pressures, limit flows where indicated,and manage RCW storage within the respective service areas in the system. WaterHub at Emory University I&C and Programming As-needed, Sustainable Water, Atlanta, GA Mr. Brown served as senior I&C specialist. Emory University WaterHub is located in Atlanta, Georgia. In order to help lower the University's dependence on potable water for the HVAC systems,Sustainable Water, McKim&Creed, Reeves Young and Emory University designed, built and maintain a water reclamation facility. McKim &Creed's Instrumentation and Controls group designed all of the controls and took over the programming from the integrator towards the end of the construction to facilitate the project to completion. Since the facility has been built,there have been several changes and reuse site additions,which McKim &Creed performed on an as-needed basis. CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1064 of 1743 Aubrey has over 20 years experience in both electrical and instrumentation engineering. He has designed and overseen the installation of power generation, power distribution, lighting and process controls systems for large water and wastewater facilities as well as waste to energy and KEY QUALIFICATIONS industrial facilities.Aubrey's expertise includes evaluating existing electrical assets for equipment life expectancy and risk failure assessment. He has also been involved in vulnerability studies for ✓Electrical and Process security, including hurricane and flood resiliency. He performs coordination and arcflash studies Controls Engineering with recommendation for personnel protection. Aubrey also has over 20 years experience in ✓Project Management other construction related fields, including inspection and management. ✓QA/QC SELECT PROJECT EXPERIENCE ✓4160v&480v Electrical As Needed Services-City of Hollywood,Arcadis, Hollywood, FL Engineering Project Manager. McKim &Creed completed the design and construction of a 5 mgd deep injection well and booster pump station for the disposal of reverse osmosis(RO)concentrate ✓Equipment Assessment and wastewater effluent. In addition,we removed five existing standby generators and replaced ✓Generator Sizing a 45 mgd high-service pump station switchgear and lime softening system.The work included all controls systems,SCADA integration and ventilation systems. EDUCATION Belleair Reverse Osmosis Plant-PER, Cardno, Inc., Belleair, FL B,S.E,E., Electrical Engineering, Electrical Engineer. McKim&Creed teamed with Cardno/TBE to perform pilot testing and Old Dominion University development of a Preliminary Engineering Report for a new Reverse Osmosis water treatment plant to address the town's issues with increases in experienced total dissolved solids and LICENSURE salinity in its groundwater supply wells. Professional Engineer, SCADA Improvements at Hillsborough County Water Treatment Facilities-Phase 1, FL#66861 AECOM,Tampa, FL Project Manager. McKim &Creed created an accurate,single set of piping and instrumentation Professional Engineer,GA diagram (P&ID)drawings from the existing P&ID drawings and verified these in the field to #040193 reflect actual conditions.After they were complete,the drawings were used to build the new Professional Engineer,VA graphical portion of the SCADA system using the PUD standard Citect genies and interface #0402041299 screen conventions.The scope of work included purchasing new or updated hardware and licenses required for the conversion;close coordination with the County,data collection, review Professional Engineer,TX and update of P&ID designs, review of existing Citect and PLC programs and databases to #109612 estimate the number of data points and complexity of the P&IDs and SCADA screens,and site Professional Engineer,AL visits to three different facilities. #29 11 91 11 2 RO WT #1 Pump Station Electrical Upgrades, City of Clearwater, Clearwater, FL Project Manager. McKim &Creed provided design, bidding,construction management and AFFILIATIONS observation services related to the RO Water Treatment Plant(WTP)#1 High Service Pump Institute of Electrical and Station (HSPS). Electrical improvements included investigation and design for the combination Electronics Engineers(IEEE) of the two existing Duke Energy Services to the HSPS and RO Plant.The design included removal of the existing 1 50k generator and connection of the HSPS to the existing 900kW IEEE Power&Energy Society generator system,which included design of a new power transfer system for the HSPS that (PE11 S) provided new electrical connections for a separate portable generator for HSPS and blend pumps as backup to the standby generator.The project included replacement of PLC control system for the HSPS additions to control of the RO blend pumps for functionality during portable generator connection,along with upgrades to the existing SCADA system. Springtree Wellheads,Wells S-10R through S-18R,Arcadis, City of Sunrise, FL Project Manager. For the City of Sunrise, McKim &Creed performed the instrumentation and controls design for eight well sites that are scattered throughout a local golf course.These wells supply raw water for the City's water treatment plant.Well controls were connected through both radio and fiber optic lines to the water plant's SCADA system. Individual well instrumentation was hard wired to strategically place PLCs throughout the golf course,with some at a great distance. During the project,the team minimized disturbance to the area to protect golf course operations. 2� CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1065 of 1743 Adlbk CURRENT 5 FRUJECTED WORKLOAD SECTION 4 INCLUDES: CURRENT PROJECT WORK LISTING TYPICAL NUMBER OF PROJECTS CURRENT & PROJECTED WORKLOAD CURRENT AND PROJECTED Per the RFQ:4. Current and Projected Workload of the Proposer We typically also assign an assistant project manager to each (by office local,if applicable): project to ensure all project needs are met promptly. a)Provide quantitative data that clearly indicates the ability of McKim &Creed's team is made up of experienced experts who the Proposer to devote the necessary resources to successfully are available to perform the tasks required under this contract. complete the service and projects in a timely manner. Current Should the need arise,our Florida offices contain more than and projected workload data shall be provided for each key 10 I&C Specialists available to quickly respond in the event of project member as follows: an emergency.Additionally,our remote staff at other offices can easily access and team with local staff to provide depth of 1. Current project work listing and remaining labor services as needed commitments. 3. Projected workload of project management activities as Our team is 100%committed and will be able to start defined in the scope of services. immediately following award of the project. Please reference the below illustration which summarizes current major assignments Please see the illustration below(the gray line labeled SCADA for all key team members and the percentage of available for Boynton Beach)for the anticipated %of participation in the time(by quarter)through the end of 2022 for availability to projects executed under this project for each key team member. Boynton Beach under the SCADA Programming, Preventative Maintenance and Repair Services contract. 4. Identification of any sub-Consultant firms providing significant services that may be assigned more than five(5%)of 2.Historically, describe the typical number of projects handled the work. by the Proposer's key project managers at anygiven time. N/A Project managers typically handle 2-3 projects at any given time. 2019 2020 2021 2022 TASK NAEn 2 -n DAVID EIKE,PE-SCADA FOR BOYNTON BEACH 5 10 30 30 30 30 30 30 30 30 30 30 30 30 Project Manager Charlotte County SCADA Master Plan 50 50 50 MIKE STOUP,PE-SCADA FOR BOYNTON BEACH 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Client Services Manager Tampa Bay Water SCADA Master Plan 20 20 20 Hillsborough County Lake Park WTP Generator Remote Start 10 Charlotte County East Port WWTP Expansion 5 10 15 15 15 15 15 15 Virginia Beach SCADA Modernization 10 10 ERIC BROWN-SCADA TOR BOYNTON BEACH 25 25 50 50 50 50 50 50 50 50 50 50 50 50 Primary Project Professional-1&C Boynton Beach Collections SCADA Upgrade 40 40 10 Boynton Beach Chilled Water SCADA 10 10 Charlotte County SCADA Master Plan 10 10 10 Tarpon Springs WTP Solar Farm SCADA 15 15 AUBREY HAUDRICOURT,PE-SCADA FOR BOYNTON BEACH 5 10 10 10 10 10 10 10 10 10 10 10 10 10 Primary Project Professional-Electrical Charlotte County East Port Expansion 5 15 15 15 15 15 15 15 Manatee County Equalization System Rehabilitation 10 10 10 10 City of Hollywood High Service Pump Station Modifications 10 10 10 10 City of Sarasota Lift Station 87 10 10 10 10 10 10 10 10 25 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1067 of 1743 �U E amm UAft =No SAft T�H A`1 E�U NKF RNI UAwh W L E D E SECTION 5 INCLUDES: ASR PROJECT EXPERIENCE DEEP INJECTION WELL PROJECT EXPERIENCE SCADA EXPERIENCE DEMONSTRATED KNOWLEDGE By request of the RFQ,we have included ASR and Deep Injection Well project experience on this page.On the following pages, please find additional examples of our SCADA project experience. � I J { (II 1, s hh t" St ® ® ® 1 111 ® 1 111 ® ® •® 1 McKim &Creed provided the SCADA interface to the ASR well installed at City of St. Petersburg Southwest Water Reclamation facility.The SCADA Interface included the graphic screen,additions to the Historical database and updating the reporting used for the facility. ✓Ability to monitor the status of the KEY TEAM MEMBERS well ERIC BROWN 1365 Hamlet Ave.,Clearwater,FL 33756,727.245.0313 ✓Reporting for the Department of FLAVIOVELECELA 1365 Hamlet Ave.,Clearwater,FL 33756,727.245.0314 Environmental Protection(DEP) t r 0 Ml 111 ® ® ®. 111 ® ® ® 4 •® McKim &Creed provides on-going support for the City's Deep Injection Well,consistingOEM= of bi-annual calibrations of all feed equipment such as the flowmeters, pressure transmitters and associated local monitor well levels.The site has an Allen-Bradley Compactlogix PLC and communicates via fiber. KEY TEAM MEMBERS ✓Bi-annual calibrations per the DEP ERIC BROWN 1365 Hamlet Ave.,Clearwater,FL 33756,727.245.0313 Requirements FLAVIB VELECELA 1365 Hamlet Ave.,Clearwater,FL 33756,727.245.0314 z CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1069 oV1743 is Network Diagram(Proposed) Upgrade to Cellular �'4� �u'') tii� Ii V oMnn woe + + ti�tli1{ I �+,»or,i s,ea aro, i;`t ; -0- -0 w The Pinellas County Lift Station SCADA system was utilizing amicrowave-based analog radio trunking system (Motorola)to communicate with their 351 remote lift stations,and needed to transition to a better network. McKim &Creed worked with the County to establish the design specifications and documents to replace the existing OWNER: Motorola radio network with a cellular based network while keeping the ACE3600 Pinellas County RTU. The project was implemented over a year and McKim &Creed acted as the County's CONTACT: representative and engineer to ensure all upgrades were performed with proper Janice Bennett notification and with minimal downtime. McKim &Creed also worked with the 813.749.1136 integration firm to minimize the number of different RTU programs,thus reducing the version tracking and record keeping for the County's maintenance staff. YEAR OF COMPLETION: 2017 COSTS: Client Estimate:$116,900 Final:$116,900 ✓ Improved communications ✓ Reduced overall costs ✓ Reduced amount of RTU Programs ✓Utilized existing RTUs instead of replacement KEY TEAM MEMBERS ERIC BROWN MIKE STOUP LAUREL SMITH 1365 Hamlet Ave., 1365 Hamlet Ave., 1365 Hamlet Ave. Clearwater, FL 33756 Clearwater, FL 33756 Clearwater, FL33756 727.245.0313 727.245.0326 727.245.0323 z CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1070 oz81743 AIF H � Y tJ••J ,t .t`rl • �' � �£1 Itd�ptrk £..� — v � tr 4 €�.�,.r, � ��rt�ll� _ �i Ott" i C�•�t�� —,Xm y . t �r w. t The three effluent pumps at the Hillsborough Count Van Dykeke WWTP operated as an isolated system and were onlycontrolled and monitored locally at the control panel, not within SCADA.The operation of those pumps are critical to avoid overflows of the clearwell and continued operation of the facility,and without visibility of the pumps in OWNER: SCADA,remote access and alarming was not available to the operators.This lack of Hillsborough County remote alarming was a potentially troublesome situation, magnified because the Van Dyke WWTP is only manned during weekdays. During off hours,the operators rely on CONTACT: the remote alarming capability of SCADA to notify them of process trouble so they can Will Schill react and prevent mechanical or environmental issues. McKim &Creed made the electrical,controls and programming changes to to upgrade 813.272.5790 the controls of the three effluent pumps and connect them to SCADA. In addition,the YEAR OF COMPLETION: County added a continuous level transmitter to the clearwell to drive the effluent pump 2019 motors with VFDs to minimize starts and stops and reduce power consumption. McKim &Creed added an automatic, hard-wired fail-over system should the PLC or the level COSTS: transmitter fail to ensure operational reliability.We also updated the plant P&IDs for this Client Estimate:$173,681 addition,provided the design of the control panel, procured,fabricated and installed the panel and instruments, programmed the PLCs and Citect,and performed check- Final:$194,191 out,startup and commissioning services.This upgrade was accomplished without a shutdown of the facility. ons 11 iI ✓Addition of pump status on SCADA ✓ Enhanced control of pumps using KEY TEAM MEMBERS VFDs of Accurate documentation of ERIC BROWN BRIAN THORNILEY TAMER system 1365 Hamlet Ave., 1365 Hamlet Ave. ALDAMANHOURI Clearwater, FL 33756 Clearwater, FL 337561365 Hamlet Ave. ✓Automatic fail-over to hard-wired 727.245.0313 727.491.7642 Clearwater, FL 33756 backup in the event of a PLC or level MIKE STOUP SUVATH SENO 727.491.7748 transmitter failure 1365 Hamlet Ave., 1365 Hamlet Ave. ✓Upgrades completed without Clearwater, FL 33756 Clearwater, FL 33756 facility shutdown 727.245.0326 727.220.4458 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1071 oz91743 n R t r tfx.tt t� ..v. efj\ { L The Virginia Beach Department of Public Utilities determined that its capacity for , monitoring,communicating,and storing data for its 413 sewage pumping stations and dozens of water supply facilities no longer met the community's needs.The City selected McKim &Creed to design a replacement system using Schneider PLCs,Citect HMI and OWNER: DNP3 communications over radio and cellular networks. Upon completion of the design, our team also provided construction observation to help the contractor,Systems East, City of Virginia Beach Inc.(SEI),to research the existing installation, identify potential issues and resolve them CONTACT: prior to outage,test the station offline,verify proper installation techniques,and assist Joshua Holt with checkout and commissioning during the outage.This provided a liaison between SEI and Virginia Beach maintenance,which ensured that the scope of the project was 757.385.8485 accomplished and the City's goals were met. YEAR OF COMPLETION: We performed all PLC programming and led all offline testing to ensure consistency Ongoing with the design and system readiness prior to installation. Narratives and functional descriptions were developed by McKim &Creed and reviewed by Virginia Beach prior to COSTS: programming.Opportunities to standardize the programming of similar stations Client Estimate:$2,957,740 before were capitalized on to reduce the number of different programs in the system and provide operations and maintenance the same experience across the system. change orders The HMI programming was done by another firm remotely,so we developed interface Current:$3,548,547 documents to define the communications between the PLC and HMI to better clarify the signals. I Throughout the project,we provided training to the operations and maintenance staff of Virginia Beach.Training included general overviews of the project and specific - training on PLC programming,stations,communications and troubleshooting. Multiple ✓ Managed the project from classes of the same course were held throughout the project for reinforcement. Classes design through construction and included a combination of lecture, hands-on and field site visits. Our execution of this project maintained the standardization goals of the design integration through consistency and construction observation. Our knowledge of the design and ✓ Drove the construction schedule, subsequent PLC programming,construction observation,and training efforts provided coordinating work at multiple sites unique advantages to the City. ✓ Held weekly progress meetings throughout the project KEY TEAM MEMBERS ✓ Managed subcontractors ERIC BROWN MIKESTOUP BRIAN THORNILEY FLAVIOVELECELA TAMER ✓ Reviewed shop drawings 1365 Hamlet Ave., 1365 Hamlet Ave., 1365 Hamlet Ave. 1365 Hamlet Ave. ALDAMANHOURI Clearwater,FL 33756 Clearwater,FL 33756 Clearwater,FL 33756 Clearwater,FL 33756 1365 Hamlet Ave. 727.245.0313 727.245.0326 727.491.7642 727.245.0314 Clearwater,FL 33756 727.491.7748 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1072 O30 f 1743 I, is Network Diagram(Proposed) Upgrade to Cellular R WNF �� s.,r�» Ruee v;v,e lrewen7 sn,�•n '„3i 't ti 1Ss,,�{f, r s 1 s 2• F � s �I'm gas rt -0- - m As part of a two-phase project, McKim &Creed provided a turnkey system of upgraded i I' I "i., IIIIII local and remote controls using current technology equipment and communications network.The Foxfire IQ Station included a ground storage tank, booster pump station and interconnection point for the north and south County IQ water systems. Collier OWNER: County desired to update and consolidate all station controls into a single site control panel with a current technology programmable logic controller(PLC),local operator Collier County interface(01T)and manual controls for the storage tank fill valves. CONTACT: All equipment capable of supporting Ethernet communications(VFDs and magmeters) Mike Raabe were updated to connect to the PLC. Provisions were also made with the PLC to 239.252.5379 support upgrade of field devices(pressure transmitters and valve actuators)to monitor and control a HART communications link. Remote communication for the YEAR OF COMPLETION: IQ Water SCADA system to the station was implemented over a fiber optic data link 2017 provided by the County's Information Technology group. Updates to the remote SCADA system included revised graphic screens to reflect a high-performance HMI COSTS: implementation, updated system database and historical data collection to reflect Client Estimate:$92,546 revised system communications,device control over Ethernet,and a revised alarm system to reflect new County standards.The site was intended as a pilot station in Final:$92,546 developing standards for IQ water telemetry and control systems and maximizing the FEE= amount of data to obtain from field devices. McKim &Creed's efforts included field investigations,coordination with the County's IT department,control system design and specifications, procurement, installation,VFD configuration, Ethernet and HART device - - communications, PLC application programming,operator interface configuration,SCADA ✓utilized control networking software implementation,testing and training services. ✓Implemented high performance graphics ✓Improved system alarming ✓Turn key solution KEY TEAM MEMBERS FLAVIO VELECELA 1365 Hamlet Ave., Clearwater, FL 33756 727.245.0314 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 31 Page 1073 of 1743 Aorrn SECTION 6 INCLUDES: APPROACH hrough various projects over the years,the City has improved and expanded their SCADA system successfully by defining and executing a sound vision. By standardizing on Siemens for PLCs and power distribution gear,the City has an integrated system that is reliable, expandable and flexible.The use of Motorola hardware and software for the City's lift stations and remote sites leverages the communication strength of Motorola to reliably transfer data from the field to the control room for constant monitoring and alarm management. Implementing VTScada as the overall SCADA system ties all control components together, providing a stable software platform for monitors, controls and alarms.All of these systems work together, and the City has issued this RFQ to solicit an experienced firm to maintain and improve these systems. While these components are all still under support,they are aging and will need to be upgraded in the near future. McKim &Creed is performing the upgrade for the City's Remote Site VTScada application to remove the DCR layer and to upgrade it to the newest version. Once complete, it will be incorporated into the East Plant VTScada application so the operators have a single system to monitor and control. Additional functionality in the new VTScada version 12 includes a Master Application feature that could combine the East and West Plant HMI with multiple levels of redundancy, a great benefit to the City during emergency events. The Siemens PLCs and VFDs were installed approximately 10 years ago and will need to be updated in the next 3-5 years.The Motorola hardware is also aging and will need to be addressed in the same timeframe.The City has already discussed converting the remote site communications from radio to cellular which will increase throughput and move the communications away from a proprietary solution. In addition,expanding the remote notification capabilities of VTScada to provide field crews with text message alarms will reduce cost and speed up responses to system issues.These are the upgrades and replacements that McKim &Creed has decades of experience performing,and why the City will benefit from having us on their team. The City of Boynton Beach has a strong vision of what is required from their automation system to provide the best service to their customers.This vision includes the implementation of data interoperability between software packages such as CMMS and GIS, and using SCADA collected data to make sound operational decisions. McKim &Creed has decades of experience designing systems to fully leverage the latest data and technology available and will work with the City to achieve their vision and goals. We have experience in evaluating, specifying,designing, programming and commissioning power and control systems. Our team understands networking and databases and is comfortable integrating different software platforms together as one system.We are well versed in using control networking to communicate to instrumentation and motor control Page 1075 of 1743 -' McKim &Creed has a large staff of electrical and controls engineers, designers, integrators and programmers = to address the City's concerns and execute necessary projects.Two of our staff members, Eric Brown and Tamer Aldamanhouri, have worked on your systems and are familiar with your policies and procedures.Their experience will minimize the learning curve, uncertainty and costs the City would endure if using a team unfamiliar with the City's system. Our staffing plan includes using our staff depth to properly �KEFERENCES SECTION 7 INCLUDES: THREE REFERENCES A) NAME OF AGENCY Charlotte County E?f B) NAME OF PROJECT Stage 5 Ongoing SCADA Contract CY C) ADDRESS 25550 Harbor View Road,Suite 1, Port Charlotte, FL 33980 Dave Watson D) CLIENT CONTACT Dave.Watson@CharlotteCountyFl.gov P: 941.883.3555 CKI &CREED I RFQ No.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 36 Page 1078 of 1743 1 A) NAME OF AGENCY City of Tarpon Springs E?f B) NAME OF PROJECT ongoing SCADA Contract Wells 10, 11,& 14 Additions C) ADDRESS 324 East Pine Street,Tarpon Springs, FL 34688 Raymond Page D) CLIENT CONTACT RPage@ctsfl.us P: 727.938.3711 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 37 Page 1079 of 1743 A) NAME OF AGENCY City of Inverness E?f B) NAME OF PROJECT HMI upgrade to VTScada PLC Programming for Process Improvements C23 C) ADDRESS 212 West Main Street, Inverness, FL 34450 AdwhL Eric Williams D) CLIENT CONTACT EWilliams@Inverness-FL.Gov P: 352.726.2611 x1011 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES g Page 1080 of 1743 FAIL a M mk mh UHMS 5 DUCUMENTS SECTION 8 INCLUDES: A) PROPOSER ACKNOWLEDGEMENT H) STATEMENT OF NON-SUBMITTAL (IF APPLI- B) ADDENDA ACKNOWLEDGEMENT CABLE) C) ANTI-KICKBACK AFFIDAVIT 1) SCHEDULE OF SUB-CONSULTANT/MINORITY D) NON-COLLUSION AFFIDAVIT BUSINESS ENTERPRISE PARTICIPATION E) MINORITY OWNED BUSINESS J) CURRENT FLORIDA PROFESSIONAL LICENSE, F) DRUG FREE WORKPLACE K) PROOF OF PROFESSIONAL LIABILITY INSUR- G) PALM BEACH INSPECTOR GENERAL ANCE ACKNOWLEDGEMENT L) SUPPLEMENTAL INFORMATION H) LOCAL BUSINESS CERTIFICATION FORM NON COLLUSION AFFIDAVIT OF PROPOSER State of Florida County of Pinellas Mike Stoup, PE being first duly sworn, deposes and says that:. 1) He is E & I Group Manager of McKim &Creed, Inc. , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer 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 proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ 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 proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, 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 proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title)_Electrical &Instrumentation Group Manager Subscribed and sworn to before me This day of September P 20 19 r R.,, • OIAWE Notary Public (Signet "� T.ACHINELLI s, W COMMISSION#GG t 78515 My Commission Expir ' . 1,20 ro THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair 35 743 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES PROPOSER: McKim &Creed, Inc. DATE SUBMITTED: 9/24/19 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, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH ADDENDUM NO. DATE ADDENDUM No. DATE NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 33 43 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 integrator or by an officer of the corporation. By: - NAME - SIGNATURE Sworn and subscribed before me this day of September 2019 Printed Information: Mike Stoup, PE NAME Electrical& Instrumentation Group Manager TITLE NOTARY PUBLIC, State of Florida at Lar y McKim &Creed, Inc. „ rd pIANET.ACHINELLI COMPANY } W COMMISSION#GG 178575 - Exmm APM 1,1922 Bolded ThmNfty powthidw~ "OFFICIAL NOTARY SEAL" STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair 34 Pae 1084 of 1743 PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 3301 Quantum Blvd. Suite 101, Boynton Beach, FL 33426 P.O. Box 310, Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ Number: 038-2821-19/TP RFQ Received By: SEPTEMBER 24, 20'19, NO LATER THAN 2:30 P.M. (LOCAL TIME RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise, on: SEPTEMBER 24} 2019, n+ Iater than 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: McKim &Creed, Inc. Federal I.D. Number: 56-2136769 A Corporation of the State of: North Carolina Area Code: 727 Telephone Number: 442.7196 Area Code: 727 FAX Number: 461.3827 Mailing Address: 1365 Hamlet Ave. CITY/State/Zip: Clearwater, FL 33756 Vendor Mailing Date: Email Address: MStoup@mckimcreed.com Authorized Signature Mike Stoup, PE Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair 26 Page 1085 of 1743 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 to make it an official part of with your RFQ responses. 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) (X ) 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: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 36 Page 18866 Of 'I I 43 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS 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 vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 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. 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair 39 Pae 1087 of 743 t PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT RFQ NO.: 038-2821-19/TP SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES The Consultant 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant 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. McKim& Creed, Inc. FIRM NAME By Mike Stoup, PE Title: Electrical & Instrumentation Group Manager Date: q(.2 1 1 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance & Repair 41 Page 1088 of 1743 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, Mike Stoup, PE the Electrical & Instrumentation Group Manager of (Name of officer of company) (Title of officer of company) McKim &Creed, Inc. located at 1365 Hamlet Ave. Clearwater, FL 33756 (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: McKim &Creed, Inc. 1. Is the business located within the City limits of YESNO Number of Boynton Beach, Florida? Years: 2. Does the business have a business tax receipt YES IN A Business issued in the current year? V.7 License Number: 3. Is the business registered with the Florida E NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Mike Stoup, PE Print Name: p, . Signature. ***FOR PURCHASING USE ONLY*** Business License Year Active: Established: 0 Verified by: Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Maintenance& Repair 42 Pa e 1089 of 743 -�- N N N cu ® E Z _ C (U W ;_� 7 ai C C *" >_ W OV � O S Z 4; U N ® 'O 0 O O W m > 0 (n C - Z m W O O C _0 O W ® E O � 0 0 UQ O 0 Q- (]- � -O U O W W fD N O cu CU C O p m � U E CL � Q N ® O .. 6- O 0) ® h f) `p- C i OO C Z a M Z `C 0 — W L) 0) W U co O?.+ >, ` N ` fD a) U) U U Z 0U 4) Q on ® a N cu C9O` ` L u) Z L 0 � W Q NL O O fll 00 Q' W LU U)LLJ ® C O H r V ® Rf 4- cn -0 0 p d ccoo > > V Eos °� v � 0O CVNW � � O 4- _� ZU CO O � � fT� O Q � 6 u L- L 0) ® 0 CU a W ® CL O O O C a>i O F- — Z V 0 -Q fB � H U) � N� J � — vi O VY � Z LL Z C S o M Cu t� v W -0 C - V 0 C O W m aai �S � 0 D N 0 .oO —OQ � U) W cf3 0 L- �j j 'cn O p V E -0 c)- fC .0 Q t� O °' ..-. 0C_ W Y Q C a) a Cib (7 U - v O U � CU CL Q d ® CD U N Y >,.(n h y fB O cu O � Q fn Q C fn d W N fn O 3: >, ® Q O N ® M O � V) O Q c o me ® CUL `0 O (3 ` U N 0 VV (V f0 O m U) O C S °'� C .— -0 i U m w E — O 0 (D .U) U) 0) cu (D E Oa) oq > C mc: y0 i C fll L] C/) .� O O Q E cnC O W ;� U Z 0 O L U OC1 O Q. (LS U fB +- fV fn C O C C 0) w 3 C FLORIDAJ1 CURRENT IONAL LI FBPE ' Ron DeSan[s Governor Ron De�an[s Gwemor P STATE OF FLORIDA nn, STATE OF FLORIDA ."�M BOARD OF PRUFES IONgL ENGINEERS BOARD OF PROF CINAL ENGINEERS THE ENGINEERING 1 i4 �} >kfE55 kIP1 Eli�f 15 j.�11 yI1CY¢jIZED UNDER THE THE PRO FESSIO NQ:L�)NE N }ERE"4I$€gyp NSED UNDE PROVISIOX18QFOHfT '71 FL /ItY/aTUTES PROVISIOhfSJFii ` 1 FL4 / TATUTES A IF't V� ItkVyFA�1TK�r I ff f �� f M�I, A r�,'. 5UT {° L LICEN' UMOOR: 75338 Cs't 8 ... j EXPIRATION DATE:FEBRUARY EXPIRATION DATE:FEBRUARY 28,2021 RUARY 28,2021 Always verfy tenses online at MyFlord,Tcensetom Always verfy li tens es online at MyFlordaL censetom Do not alter this document in any form. Do not MR,,th document yform X This is your license.Itis unlawful for anyone other than the licensee to use this document. 0 This syourl cense It aw lful for y other th the Icensee to use the document Ron De�an[s Governor R16K SCG'f:GOVERNON JONATHAN ZAGHEM,SECREfAFN FBPE dbpr _ STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF BU5IN 5 D PRf3FES510NAL REGULATFON BOARD OF PR,QFEJONAL ENGINEERS >t IDP s 'i��S,�y, '`. '. BOARD,0 04*1ONA, ;NONEERS THE PROFESSIONAI�IN'4"t�`lEfElikl ll't SED UNDER THE j PROVISIONS+QFCHI T "1 FL (Jl STATUTEB THE PROPE,SSSD7ALE�iI�' Fy£75.� � �UNDERTHE �7 PRovISO k$CT HAM. A671 FUK�I STATUTES HAl � 1 [P! tAND ITa�j,#,*—,i1D'NtYt 5 III a U60�"Fi�Y'' t f 31 d rF �,`I p� i q `ra Lm.E.. �ND1 . R _ LICENSE'�UMBI}R:�„5702 fi EXPIRATIONDAT FE�RUAR'Y28 2026i EXPIRATIO1 TE: � Always vedfy license,online at MyFloddaUe.comcensN DA (FEBRUARY 28 2021 Always verfy li cense...Ine at My-,idaL censetom Do not alter this document n any form Do not alter this document n any form. This is y..,li nse Its ml—ml for anyone other than thelcensee to use th s document. This ayo5u license,It is unlawful far anyone other than the licensee to this document. use o CN ZCiY P,C F^dNGUt Mo.—"Col.._pd;CRETAiee, �w STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION HOARD OF PROFESSIONAL ENGINEERS THE PROFESSIONAL ENGfNEER HEREIN IS LICENSED UNDER THE PROVISIONS OF CHAPTER d..rl.FLORIDA S'fA➢UTES THORNILEY,BRIAN KENNETH 2911.B.UCKHORM PRESERVE BLVD.. VALRICO FL 31556 LICENSE NUMBER:PE70765 EXPIRATION DATE FEBRUARY 28,=1 - Always ffy 11—sei onlinc.ae.MyRaceAk a ses--o Mill Doo.t Atti thi5 d ttiu an,fum.. I: This,is .or li....I[e unFaw'u[1.,.11...r than the teen.....I.,dcscument. M X CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1091 o491743 State of Florida Department I certify from the records of this office that MCKIM& CREED, INC. is a North Carolina corporation authorized to transact business in the State of Florida, qualified on May 2, 2011. The document number of this corporation is F1 100000 1885, I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on January 7, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Seventh day of January,2019 Secretary of State Tracking Number:8055850556CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Hings/CertificateOfStatus/CertificateAuthentication CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1092 o50 f 1743 6/4/2019 Detail by Entity Name -)!VISION o�(:'o:tr o.ts'iT ONS 4h,N� IL Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail tit Foreign Profit Corporation MCKIM&CREED, INC. Filing Information Document Number F11000001885 FEVEIN Number 56-2136769 Date Filed 05/02/2011 State NC Status ACTIVE Last Event AMENDMENT Event Date Filed 08/11/2011 Event Effective Date NONE Principal Address 1730 VARSITY DRIVE, SUITE 500 RALEIGH, NC 27606 Mailing Address 1730 VARSITY DRIVE, SUITE 500 RALEIGH, NC 27606 Registered Agent Name&Address BUSINESS FILINGS INCORPORATED 1200 South Pine Island Road Plantation, FL 33324 Address Changed: 06/10/2015 Officer/Director Detail Name&Address Title PRESIDENT&CEO LUCEY, JOHN T 1730 VARSITY DRIVE, SUITE 500 RALEIGH, NC 27606 Title SVPD LEE,A. STREET 1365 HAMLET AVENUE CLEARWATER, FL 33756 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=MCKIMCREED... 1/2 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1093 of1743 6/4/2019 Detail by Entity Name Title VP HALSTEAD,TOM 3802 EHRLICH RD, SUITE 306 TAMPA, FL 33624 Title VP Garland, Robert 551 North Cattlemen Rd 106 Sarasota, FL 34232 Title VP POLLARD, EDWARD N 1730 VARSITY DRIVE, SUITE 500 RALEIGH, NC 27606 Annual Reports Report Year Filed Date 2017 01/11/2017 2018 02/16/2018 2019 01/07/2019 Document Images 01/07/2019 ANNUAL REPORT View image in PDF format 02/16/2018 ANNUAL REPORT View linage in PDF torrflat 10/26f2017 AMENDED ANNUAL REPORT View linage in PDF format 07/11/2017 AMENDED ANNUAL REPORT View image in PDF format 02/02/2017 AMENDED ANNUAL REPORT View linage in PDF torrflat 01/11/2017 ANNUAL REPORT View linage in PDF format 01/12/2016 ANNUAL REPORT View image in PDF format 02/04/2015 ANNUAL REPORT View image in PDF format 01/03/2014 ANNUAL REPORT View linage in PDF format 01/22/2013 ANNUAL REPORT View image in PDF format 09/20/2012 ANNUAL REPORT View image in PDF format 01/04/2012 ANNUAL REPORT View linage in PDF torrflat 08/11/2011 Arflendment View linage in PDF format 06/20/2011 Name Change View image in PDF format 06/13/2011 Amendment View image in PDF format 05/02/2011 Foreign Profit View linage in PDF format search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MCKIMCREED... 2/2 MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1094 O'el 743 KI PROOF OF PROFESSIONAL INSURANCE Client#:216019 20MCKIMCRE DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 08/22/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brittany Yardley McGriff Insurance Services PHONE 919-281-4526 FAX 888-746-8761 A/C No Ext): (A/C,No): Post Office Box 13941 E-MAIL y@me ADDRESS: BYardley@mcgriffinsurance.com g Durham,NC 27709 INSURER(S)AFFORDING COVERAGE NAIC# 919 281-4500 INSURER ACharter oak Fire Insurance Company 25615 INSURED INSURER B:Travelers Property Casualty Co of Amer 25674 McKim and Creed Inc INSURER C: 1730 Varsity Dr Ste 500 INSURER D Raleigh,NC 27606-2689 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY 6302GO91871COF18 9/05/2018 09/05/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR PREMISES(ERENTED occurrence) $1009000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 8102G 113498COF18 9/05/2018 09/05/2019 EOeMBINED acccidenISINGLE LIMITS IMIT $190009000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident) ccident $ B X UMBRELLA LIAB X OCCUR CUP5J8991491843 9/05/2018 09/05/2019 EACH OCCURRENCE $1090009000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1090009000 DED X RETENTION$109000 $ B WORKERS COMPENSATION UB0047J717613 9/05/2018 09/05/2019 XSPER TATUTE OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $190009000 OFFICER/MEMBER EXCLUDED? N/A (Mandatoryin NH) E.L.DISEASE-EA EMPLOYEE $190009000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $190009000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) used for endorsement forms CERTIFICATE HOLDER CANCELLATION McKim&Creed SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1 88-2015 ACORD CORPORATION.All rights reserved. 5� CKI 8r CREED RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1095 Ot 1743 Client#:292011 35MCKIMCRE DATE(MM/DD/YYW) ACORDIM CERTIFICATE OF LIABILITY INSURANCE 912612018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MCGriff Insurance Services PHONE 336 547-2020 FAX 8888318409 A/C No Ext: /VC,No 3318 West Friendly Ave., E-MAIL ADDRESS: Ste.400 INSURERS)AFFORDING COVERAGE NAIC# Greensboro, NC 27410 37885 INSURER A:XL Specialty Insurance Company INSURED INSURER B McKim&Creed Inc. INSURER C 1730 Varsity Drive#500 INSURER D Raleigh, NC 27606 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE NSRL WVD POLICY NUMBER SUBR MM/DDYYYYY MM/DD/YYEYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE F-1 OCCUR PREMISESOEa occu ante $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PERTO TH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional/ DPR9930567 910512018 0910512019 $5,000,000 Per Claim Pollution $7,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 'FOR INFORMATION ONLY' If contract is awarded, please submit your request for a certificate along the insurance requirements for your contract to McKim&Creed,Inc. CERTIFICATE HOLDER CANCELLATION McKim&Creed Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1730 Varsity Drive#500 ACCORDANCE WITH THE POLICY PROVISIONS. Raleigh, NC 27606 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S21057197/M20827039 MT5 CKI &CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 54 Page 1096 of 1743 SUPPLEMENTAL INFORMATION - CERTIFICATIONS Une E IF11D �I C'li _7t f p, A7 P Ij�x k rl VTscad a { l s 4g Certifiedinductive I Advanced Integrator { automn atio 3� CERTIFIED November 2008 USER ra e a.w-,Re a� r-x— � MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1097 of 1743 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I,Mike Stoup, PE, E&I Group Manager on behalf of McKim &Creed, Inc. certify Print Name and Title Company Name that McKim &Creed, 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 in any amount 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. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 37 Page 1898 �1 I 43 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. McKim &Creed, Inc. � COMPANY NAME SIGNATURE Mike Stoup, PE Electrical & Instrumentation Croup Manager PRINT NAME TITLE THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming, Maintenance & Repair 38 Pae 1099 of 743 OUGG PLAN Policy 1. All projects performed by McKim & Creed require a professional or technical process which results In a Specific deliverable(s) to the client., The outputs of this process are to be Chocked for applicability (appropriateness), accuracy and completeness. 2. McKim & Creed is dedicated to providing quality services to both internal and external clients. McKim and Creed has established a Director of Quality Assurance (D,QA) who will be in responsible charge of overseeing compliance with this procedure. During the course of any project, quality checks shall be performed Independent of the J normal quality revievis done by the project: team. These independent quality checks shall, at a rninirnum, occur at the schernatic and final stages of design projects, or as otherwise deemed apprcl3riate given the risk assoclated lith the project and orthe level of difficulty of the project, 4. McK[m: & Creed projects not only consist of final plan designs but also include reports, surveys or other documents/date that: may be provided to an oviner or in=corporated into the work, of others. For non-design projects (Studies, Reports, Surveys etc.), the [ndlependent quality revlew(s'') will; be performed, at: a minimum, prior to delivery of final work product to the client, 5, The required QualltyAssurance checks to be completed and the budgets necessary to complete them shall be Included in the PLoject Management Plan (PMP) for each project. 6. To e In s u re that 7 h e Qu a,ht,! , ss u ra-ri ce { j Filar for each, project is developed and followed, this procedure outlines the method by whlc.h theQA1, Planning and actual QA Checking 'o,-ill be documented and, rev[ewe.dl for compliance with this QR Scope 1. Projects shall be categorized as large or small projects. Large projects being projects -with fees of $100,000 or snore and small) projects having fees of less Than $100,000. 2, Project -checks may include but not be limited to: • Schernatic design checks • Final design checks • Geomatics document./data checks • Study/Report checks -1. The Project QA Plan may be modified as is appropriate to each individual project. responsibility 1. The Director of Q8 will have overall responsibility for administration of the QA process. MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 58 Page 1100 of 1743 2. ,III project= with total fees of $10,000 or more shall have -separate Tasik(s) and budgets established under appropriate phases of the project for completing the quality assurance J checks, For The Ilarger projects (defined as > $ 100.000 in fees). the DQA shall be the Task Manager fortheQA Task's . For the smaller projects '10k,7100K),, the 2=rpiect Manage- shaH function as The QA Task Manager, 3. On sinall projects, the Project Manager shall identify the -appropriate QA checks to be performed during the project and incorporate the QA Plan into the Project Managernent Plan (VJBS, Schedule, and Budget). This procedure -,.vill be the same for both engineering and geornatlics projects, 4. On large Engineering projects the P shall meet with the DQ, during the proposal phase to establish the appropriate number of necessary QA, checks to be performed and an approp6ate budget:, and shall then incorporate this information into the prCJect fee estimate and QA Plan, 5,. On large Geomatics, projects the PM shall meet with the DQA during the proposal phase to establish the appropriate number and timing of QA- checks to be completed and an appropirliate budget based on the type of work, project duration and client dictated deliverables submissions, and shall then incorporate this 'information into the project: fee estimate and QA Plan, 6, Once projects have started, the Project Mianager will be respons[ble for updating any QA schedules and notifying the DQA of Such changes to ensure ccrnpliance with project schedules and QA procedures. Process 1. The; Project Manager shall reflect the QA. Task(s) in the WBS under the Phase(s) of the prcjec-t: that include the QA budget for any jobs -with total fees of $10,000 or more: and will complete the QA Checking Plan form included In the standard BST Job Set Up Form, A copy, of the Job Set Up Form reflecting the completed ' 1B = and QA Checking Plan will be e-mailed to the DDA 13Y the Project Accountant to provide information regarding overall scheduling and responsibility for QA checking for the project and a copy mof the jab setup form --will be saved in the QP 72 QualltyAssurance directory in the Business Development Opportunity Folder for tyre project. 2. For design projects, formal reviews will be conducted at the schematic and final design stages as a mWmurn, Other revie-vA�s may be added as appropriate based on the size of project. risk factors or other project Interim deliverables as determined by scope. The schematic design revIew will be performed at the point where a pp roxi mately 15% of the overall design fee has been used. If the project has a separate schematic design requirement, the revIew will be done prior to completion of the schernatic design submittal. I For Gect-natics projects a deliverable review shall be conducted prior to the project being completed, For smaller projects of short: duration a deliverable review shall be conducted, prior to the deliverable beiiing sent to the client. Larger Geomatics projects may have multiple reviews as defined in in Responsibilities item 5 above. 4. The, appropriate QA Audit Forr�n shall be completed by the Re.Viewer and filed in, 00- MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES 59 Page 1101 of 1743 Admin/=11-QualitAssurance folder In the electronic project directory. A copy will be e- mailed to the DQA who will revie'w the information and store the audit form In the QP 72 Quality Assurance subdirectory In the Business Development Opportunity Folder for the project, 5. The DQA. will monitor projects for c=ompliance with this process and will meet with PM's that are not in compliance. 6. Compliance -ofith this QIA process Is not meant to supplant other checking procedures and does not relieve the PM from performing routine calculation or plan checking as defined in other areas of eTOPS. The varlousQA Audit Forms and their contents are summarized below: A. The Schematic Design QA Audit Form will include: • A review of the documented project scope including all change orders. • A review of the proposed engineering solution to answer the questions 'does, the proposed solution address the client objectives", "does, the proposed solution conform: to the stated scope B. The Final Design QA. Audit Form v)ill include'. • A review of the project docurnents to compare the final design --with the schematic concepts and written scope of work. • A review of the individual discipline plans for completeness and accuracy, • A review of the project 13lans for coordination between disciplines. • A review of the project Specifications for concurrence, with the project plans and 13roject Intent, • Revie,.,v of project callculations as a part of the discipline reviev). • Revievl of perm its required for the 13 roject and the status of each. C. The Study/Report QA Audit Form will include: • A review of the project scope and client objective to determine if these are adequately addressed. • Revie--,A,, for conformance to accepted Practices for the ;particular type of study or report. • Revie-* the document for accuracy and, completeness. D. The Geornatics A. Audit Form: will include: • Review, of the project Scope documents for =13hance with the type of services pi-ol"Dosed andclient object Ives. • Revie'%A,F of the documents for compliance with applicable state statutes or applicable state MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1102 oW1743 board of registration rules and compliance with McKim & Creed and./or client standards,, formats or policies for the type of project, • A review that appropriate notes or disclaimers were included on the deliverable documents. • Revie,-%Ai for conformance to accepted practices for The ;13 articular type of study or report. • Revie'%A,F the, docurnent for accuracy and completeness. D. The 1-12eomatics QA. Audit Form will include-, • Reviev, of the project scope documents for compliance with the type of services Proposed and client oljectives, • Revie,-%Ai of the documents for Compliance with applicable state statutes or applicable state board of registration rules and Compliance with McKim & Creed and/or client, standard-,,, formats or policies for the type of project, • A review that appropriate notes or disclaimers were included on the deliverable documents, • ConsId&I-ation of the level of risk associated with the project type and services being provided and the impact that has on the overaIll quantity of i,-evie-%A,,s and quality measures to be performed before field work is cornpleted or final deliverables are provided. References & Related Documents 1. Schernatic Design QA Audit Form 2, Final Design QA Audit Formi I Study Report QA Audit Form 4. Geornatics QA Aud it Form 5. Geomatics SLE ;,1 Audit Form 6. 'Nater ;roup QA Reviewer List MCKIM&CREED I RFQ NO.038-2821-19/TP SCADA SYSTEM PROGRAMMING,PREVENTIVE MAINTENANCE AND REPAIR SERVICES Page 1103 oWl 743 6 o ' I t � 11 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 1 Aft Response to City of Boynton Beach REQUEST FOR QUALIFICATIONS (RFQ) RFQ No. 038-2821-19/TP SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES Submitted: September 24, 2019 Responding firm: Star Controls Inc. 11555 Heron Bay Blvd, Suite 200 Coral Springs, FL 33076 Phone: 954-603-0491 Fax: 954-603-0492 Contact: Mr. Tzvi Magril (954) 288-7954 tmagril@star-controls.com Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1106 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 2 Table of Contents TAB 1: 1. Letter of Transmittal 2. Qualifications of Proposing Firm 3. Qualifications of Proposer Team TAB2: 4. Current project work listing and remaining labor commitments 5. Demonstrated Knowledge 6. Approach to the Scope of Work 7. References— Past Performance TAB3: 8. Submittal of General Information and Procurement Forms and Documents Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1107 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 3 TAB 1 Star Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1108 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 4 1. Letter of Transmittal Star Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1109 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 5 Letter of Transmittal Taralyn Pratt, City of Boynton Beach Contract Coordinator 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Dear Taralyn Pratt, Star Controls Inc. is an expert integrator and trusted advisor of SCADA, IloT and Communication solutions for Water,Wastewater, and Stormwater applications. Our staff includes several experts in these fields with decades of experience and field-tested implementations of similar systems. We are pleased to present the City of Miami Beach with our proposal in response to RFQ#038-2821- 19/TP. We trust that this proposal illustrates that we are the most suitable vendor for this RFP's requirements. The scope of work is very familiar to our firm, and we already have contracts with other Floridian utilities under the same scope of work/supply. We have engineered, installed, and continuously support and maintain many similar systems in Florida and beyond. In addition, we have been providing consulting services to many of these customers. Finally,we have been pioneering cost-savings and innovation with our customers by promoting and implementing State-of-the-Art technologies such as Industrial Internet of Things (IloT) and Cyber Security for SCADA. Our SCADA solutions demonstrated High Availability, Resiliency, Longevity and are Cyber Secured. Our professional staff is highly qualified and ready to see this project from beginning to end. Our Subject Matter Experts has a Nationwide recognition, as top SCADA experts. As a local neighbor, we are also perfectly positioned—literally—to offer the City continual pre and post project support, with office and support locations in Coral springs and West Palm beach. We have read the RFP document and addendums and we are fully prepared, qualified, and committed to perform the work prescribed within the anticipated time period. Sincerely, Mr.Tzvi Magril Star Controls Inc. (Proposer) (954) 288-7954 tmagril@star-controls.com Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como Springs,FL 00076 Page 1110 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 6 2. Qualifications of Proposing Firm Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1111 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 7 Qualifications of Proposing Firm Star Controls was founded by global experts from the SCADA, Industrial IoT(IloT) and Communications, bringing the combined experience of more than 100 years.The company is a trusted advisor, integrator and a provider of software for real time applications.The team includes global leaders with extensive experience that brings knowhow and complete understanding customer's environment. Each of the individuals are recognized Subject Matter Experts (SME) in his/her field. Star Controls has successfully implemented various projects nationwide and worldwide in the Water and Electric Utilities, Oil & Gas and Public Safety markets. Some of the solutions are part of the Smart City and Smart Grid initiatives. Star Controls has developed close relationships with our customers and partners and gained their trust. In many cases Star Controls is the practical Trusted Advisor, which the customer can count for any operational or commercial decision. Star Controls offers different services,from trusted advisory, design, implementation, knowledge transfer, support and managed services.The company utilizes project management methods, which empower the team to deal with substantial projects. We have partnered with large engineering firms, such as MacGregor Pusnes and Miya-Water, as part of their larger solutions.This expanded the company's experience to the integration with NRW(Non-Revenue Water), CRM, GIS, Security and other large complex projects. Star Controls is certified for most of common products (software and hardware), such as Motorola Solutions, Schneider Electric and Trihedral.The team has vast experience in Cyber Security and Wide Area Networks.As the highest qualified integrator, our team members are dispatched by vendors to fix systems where others have failed.The company has the privilege to access the Vendors' Product Engineering,for support, as well as, feedback from the field. Star Controls is qualified by the vendors to test Beta version of new products before the formal releases. The system's longevity, ease of use and predictable performance are among our highest professional objectives. Our main success is with cost reduction combined with improving performance of existing systems,with substantial cost saving in Capital and Operational expenditure.Through our"Holistic" approach of the entire operations,we truly understand our customers' operations, and understand their real needs. Our customers position us not just as a vendor, but rather as trusted advisor and partner for long term relationships. Our relationships with our customers continue for many years, addressing on-going needs analysis, advisory and delivery through unparalleled commitment.We are very proud of our Knowledge Transfer programs, paving the road for customer's self-sufficiency. All our customers are reference-able. Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1112 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 8 Some of our customers include: • Mount Pleasant Water, SC—Water Utility; 180 Motorola RTUs; VTScada • St.Johns County, FL-Water Utility; 240 Motorola RTUs;VTScada • Pinellas County, FL-Water Utility; 320 Motorola RTUs • City of Orlando, FL—Water Utility, 190 Motorola RTUs • City of Tampa, FL—Water Utility; 250 Motorola RTUs;VTScada • Orange County, FL-Water Utility;400 Motorola RTUs • Martin County, FL—Water Utility, 370 Motorola RTUs;VTScada • Honolulu Board of Water, HI —Water Utility; Motorola 350 RTUs • City of West Palm Beach, FL—Water Utility; 200 Motorola RTUs; VTScada • City of Deerfield Beach, FL—Water Utility, 72 RTUs; VTScada • City of Coconut Creeks, FL—Water Utility, 67 Motorola RTUs; VTScada • Jamaica Water Company(NWC) -Water Utility; Motorola RTUs; VTScada; Part of Nationwide NRW project • Bahamas Water Company (BWSC)—Water Utility; VTScada; Motorola RTUs; Part of large NRW project • SFWMD, Florida—Water Management agency; 500 Motorola RTUs; Flood Control • SJRWMD, Florida—Water Management agency; 15 Motorola RTUs; Flood Controls • Palm Beach School District, FL—Public Safety, 300 Motorola RTUs; VTScada • NYPD/NYCT, NYC, NY—Network Fault Management;400 Motorola RTUs; Part of the NYPD PRS system, this system monitors and controls 322 Police Radio Amplifiers in the NYC subway system. • Detroit Edison, Michigan—Electric Utility; 1,100 Motorola RTUs • Grenada Electric, Grenada—Electric Utility; 50 Motorola RTUs • ICE, Costa Rica—Electric Utility; 1,500 Motorola RTUs • Petrobras, Brazil—Offshore Offloading Monitoring Systems on FPSOs and Tankers; 10 Systems;through MacGregor Pusnes and Brazilian General Contractors • Seaboard, USA—Remote Telemetry System Between Unmanned Liquefied Natural Gas (LNG)Transport Barge and the Towing Vessel • Easton Int'I, China -Telemetry System for Single Point Mooring (SPM) Buoy,for monitoring and controls tanker offloading Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1113 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 9 Star Controls has many large and medium SCADA customer in Florida and beyond. Some of the Florida SCADA customers are shown below: WEST PALM B E A CH City of 0 E E R F 1 E L 100 B E A C H CITY OF 0 R L A N D 0 CoconuTCr% Pinellas - BUTTERFLY Cx,PiTQL OF 7Hw<WoRLDO (ounty P-r" ! +i *r- . • e Stat Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,F1.0007 Page 1114 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 10 Utilities, In c.� " =�Y o f H L E A AH Mil(iimjl 1L r i � � F z c� H � I COUNT Y BEACH COL Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1115 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 11 3. Qualifications of Proposer Team Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1116 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 12 Qualifications of Proposer Team The Star Team includes individuals with vast experience in the SCADA market.The following team members compose the core team which will support this project given Star is awarded. Other staff members may join as needed or required. Tzvi Magril—SCADA Solution Architect- Mr. Magril brings to Star Controls more than 25 years of experience in R&D, System Design and Development in the IT,Telecommunications and SCADA/Telemetry industries. Mr. Magril was a lead designer of Motorola MOSCAD RTU and has immense knowledge of the product line, as well as SCADA Systems design. Mr. Magril has designed, implemented and maintained major SCADA systems for large clients throughout the world. Mr. Magril holds BSc. in Electrical and Computer Engineering and graduated from the prestigious Motorola System Integration Institute (SII). Mr. Magril holds patents in the SCADA industry. Prior founding Star Controls, Mr. Magril served as Director at EMC Corporation. In this role Mr. Magril led the IT Management solutions business,aims Service Providers and Enterprise markets, covering physical and virtual (cloud)environment,for both data centers and networks. Mr. Magril initiated the business in the Latin America market and turned it to a multi-million business, serving large telecommunications services providers and enterprises. Mr. Magril managed the entire regional team, including sales, pre-sales engineering and system integration team. Ron Zetouni—SCADA Lead Developer Mr. Zetouni brings more than 25 years of experience in SCADA business for Water/Wastewater, Oil & Gas, Electric and other disciplines, covering the SCADA and communication aspects of projects. Mr. Zetouni's experience includes design, programming, and integration with SCADA software (iFIX, InTouch,VTScada and others). Mr.Zetouni is considered as a "Guru" in the SCADA industry, and in many cases he's is called by customers, vendors and integrators, as the "last resort", to fix SCADA systems. Mr. Zetouni's "secret sauce" is the unique capability to stitch operational needs to the design and performance of the SADA system. Mr. Zetouni among the lucrative group of subject experts with huge experience with Networks for SCADA, including IP and cellular networks. Mr. Zetouni played a major role in the activities with MPW SADA team. Mr. Zetouni should be credited for the current stable and excellent state of MPW SCADA system. Prior joining Star Controls, Mr. Zetouni served as the SCADA principle solution architect at the South Florida Water Management District (SFWMD). In this role Mr. Zetouni led a team of Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1117 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 13 programmers that developed and maintained large SCADA system for flood control and other mission critical applications. Prior to the SFWMD Mr. Zetouni worked at Motorola for 14 years, where he programmed and integrated dozens of SCADA systems in different applications (Oil & Gas, Electric and Water Utilities, and others) for customers worldwide. Mr. Zetouni holds BSc. in Computers Science and Mathematics from University of Illinois, and MBA from Loyola University. Mr. Zetouni holds the highest certification with VTScada and other SCADA softwa re. Diego Pinto -SCADA Engineer Mr. Pinto has developed his career in the Real-Time Embedded computation. Mr. Pinto is a subject matter expert in Mission Critical applications, such storm water,Oil &gas offshore safety systems and public safety. Mr. Pinto has already gained reputation as a productive and creative professional, with attention to customer satisfaction. Mr. holds BSc. in Electrical Engineering and certifications in the Cyber Security Charles Mondale—Telemetry and Instrumentation Expert Mr. Mondale brings more than 25 years of experience in the Telemetry and Instrumentation for Water/Wastewater and Environmental Monitoring. Mr. Mondale experience and skills covers all aspects of a solution, from the sensors, the RTUs, Communications (i.e. with focus on Wireless networks), Power and Integrity of the system. Mr. Mondale is a subject matter expert in IloT. Prior to Star Controls Mr. Mondale has served as a team leader at the SJRWMD, leading the design, installation and maintaining the Hydrology monitoring system the SJRWMD is using to manage the water resources. Prior to that Mr. Mondale owned a technology company that provided Telemetry solutions to the South Florida Water Management District, and other state agencies. Mr. Mondale holds BSc. in Electrical Engineering and certifications of products in the telemetry industry. James Mondale As a Project Engineer, Mr. Mondale is a solutions-oriented IT & SCADA Systems Professional with proven success designing, implementing and integrating cost-effective, high-performance technical solutions to meet challenging business needs. Dana Musumeci As a Project and Operations Manager with 10+years of experience, Ms. Musumeci has managed many large projects (>500K)for Star Controls. Ms. Musumeci is highly methodical and punctual and is a key factor in every successful Star Controls project Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1118 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 14 Most professional staff possess at least a four-year engineering degree from respectable Universities. The team members have successfully supported water utilities and water management agencies in the US and abroad, with consultation, implementation, education and maintenance services. Each team member in Star Controls' implementation and support team is kept updated with skills and expertise through rigorous training program that includes the following subjects: • Safety at Work including Safety with Electrical Equipment • SCADA Software (VTSCADA, InTouch, iFix and others) development and maintenance • RTU Hardware and software—Programming, installation, Maintenance and Trouble Shooting • Communication Systems: RF Systems, IP Technology and Products, Installation, Maintenance and Trouble Shooting. • Project Management • Education Services SCADA Team Member Project Documentation System Communications Instrumentation Manager Drafting Engineer Tzvi Magril Diego Pinto V V James Mondale V Charles Mondale V V V V V Ron Zetouni V V Dana Musumeci V -Area Leader Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1119 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 15 TAB 2 Star Controls A 11555 Heron Bay Blvd,Suite 200,CoraSprings,FL 33076 Page 1120 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 16 4. Current project work listing and remaining labor commitments Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1121 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 17 Background The Star Controls Team is composed of individuals with highly versatile skills,where each team member has qualifications and experience to handle different project implementation and maintenance tasks. Through the Project Management methodology,the company efficiently utilizes resources without compromising quality. The following individuals compose the core team that will be allocated for the different activities with the City of Boynton Beach, under this contract (This list includes only the staff assigned to this project and not the entire Star Controls team). Naturally, during the duration of the contract,team members may change. Project Documentation SCADA Team Member Manager Drafting System Communications Instrumentation Engineer Tzvi Magril Diego Pinto V V James Mondale V Charles Mondale V V V V V Ron Zetouni V V Dana Musumeci V -Area Leader Current project work listing and remaining labor commitments Here is the list of the current projects that the team has been assigned for and the remaining labor commitments • City of Ormond Beach—SCADA migration from iFix to VTScada: 95%Completed • Pinellas County—startups of Lift Station (new or after rehab): 2 per month • Saint John County o Startups of Lift Station (new or after rehab): 1 per month o Inlet Beach WWTP—Motorola RTU programming and local HMI: 85%completed o NE WWTP—Motorola RTU programming and local HMI: 25%completed • City of Tampa o Upgrade of VTScada: 100%completed o Startups of Lift Station (new or after rehab): 1 per month • City of Orlando o Startups of Lift Station (new or after rehab): 1 per month o Replacing old Motorola RTUs and add cellular communications: 1-2 sites per month Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1122 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 18 Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time At any given time, on a "monthly rate" basis,the Team handle the following activities: • 4-6 Startups of lift Stations • 1 project that require development of logic and process automation (e.g. large pump stations) • 1 SCADA project, such as an upgrade, migration or new project • Ongoing customer support under annual support services Projected workload of project management activities as defined in the scope of services We are expecting that the Team will be able to handle an increase of up to 20%in activities. With this Star Controls will provide high quality and on-time services to the City of Boynton Beach and without compromising on the support to current customers. Star Controls is also attracting experienced and new engineers and can fill need for additional resources in relatively short notice. Identification of any sub-Consultant firms providing significant services that may be assigned more than five(5%) of the work Almost all services that Star Controls offer in this opportunity are based on in-house resources. If a specific job will require a sub-consultant then Star Controls will share with the information with the City and receive the approval. The only area that Star Controls is using an external resource is for the building of UL508 Panels. Star Controls is working with Panel Shops that have been proven to provide high quality panels. Currently Star Controls is using ECS and CC Control. Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1123 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 19 5. Demonstrated Knowledge Star Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1124 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 20 Reference 1 — Pinellas County Utilities Project name Pinellas County Utilities Project location Pinellas County, FL Design and implementation of SCADA Upgrade of 320+ RTUs with Project DNP3-enabled cellular modems, and new RTU software. Tasks description include installation, commissioning, and migration of the entire system from an older type of private communication methods. Role in project Design / Installation /Training Original duration October 2016 — October 2017 Final Duration October 2016 — October 2017 Size/type 300 Lift station and 20 Reuse SCADA sites Install Date October 2016 — October 2017 Owner's Michael Skrzypek, 727 582-2320, mskrzypek@pinellascounty.org Contact 1620 Ridge Road, Largo, FL 33778 _.__._._.__.__.._. sixView S1.W- 11 6Qt.n crass. .wa..y.1.; Mar,a�er a„F�r wR� Manager Svfgware Software �t BTSLAN/WAN L1':136174177 54'. L1.136.174.17755 L1136-174.25353 11:136.174.253.54 L2':13617417747'., L2.136174.17758 .<, - L1.136.174 253 58 HU-1 FIl1-2 HU-3 FI J-4 "I'll Crass PIaM Dunn PEant{North€ - - {boutn) Adrr9n&u€ding - 740154 Ave N 4111 D...De El.-5 Fetersburg,'FL } P.ho Harbor,6L - - Sierra S-n, Sierra Sierra WAN:10.152— wireless wee l— W-1— winless GX450 GX450 WAN:111).152— GX450 GX450 Sierm., VeC-u VPN RueterMersson VPN Acuter Wireless (SuppE ed by BTS} "ti efizon P..€intate Network - §Supp€=ed by BTS1 Gx450 Red Lom svweet Modems South EJU-1 RTLJs south nu-2:ae'rus North PIU-a East.LS RTU. NartN 11LJ-4 W11 LS III L11 Red Lon Slxnet Modems WAN:10.52-X X WAN 19.152 x X Wn x Lm 3�tion Wh X=1-255? N mtse 1 So- -ptrons Ike 4675 MIN ...,:. "In M11a . Red Lion ,.., Fed Lion LAN 192.16$.1.P LAN 1921681.'t Ethernet -11 RS232 6E9 at LAN ACE IP: modem,115,200 192.168 12 Laud,RJ45 at RTU ACE3600 M—d-L ACE3500 M—d-L ACE3600 M—d-L ACE3600 M—d-L 25 ACE 54 M—d la ACE 60 M—d. 9ACE 71 M—d 16ACE 70 Masrad Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1125 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 21 Reference 2 — Martin County Utilities Project name Martin County Utilities Project location Martin County, FL Designed new software for 320 Lift stations and other monitoring Project description locations. Designed and programmed new SCADA software with advanced analytics. Role in project Design / Installation /Training Original duration 2013 - 2018 Final Duration 2013 - 2018 Size/type County wide SCADA system for Martin County Utilities Install Date 2015 - 2015 Owner's Tim Harrison, SCADA Manager,772-221-1448 Contact tharriso@ma tin.fl.us 6 - - 16:oa oa:oa ae:oa 1s:oa ao:oa ae:oa 11:oa oa:oa ae:oa 1e:oa oa:oa ae:w Jan a lan 5 Jan s Jan Pen Name D—Hptian VaWe Mntmum Maxmum Av—` m Q M JW—\Pump1\-tARuntime Last Pump l fast Runtime I.02 min 0.28'5 min 91min 5.97min m 4 'l.�18U0340\Pump2\Stats\Runtime Last Pum p2tas.[Runtime 11 m1n.. 0.25 min 35A.min 11fimin ACE-3809 NW Deer Oak Dr,iensen Beach 0 Ston Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 00076 Page 1126 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 22 Demonstrated knowledge. Star Controls is highly suited to support the city of Boynton beach with every aspect of its SCADA system. Here are some relevant project developed for other customers which are very relevant for City of Boynton Beach. ASR Star Controls developed a Motorola ACE3600 Monitoring and control system for SFWMD.The ASR is located along the Hillsboro Canal.The project manager for the system from SFMWD were Rick Nevulis, Reuse Scientist,and Carlos Gomez, Scada specialist Advanced liftstation Control and monitoring Star Controls Motorola Lifstation software features: • Advanced troubleshooting via sequence of events and communication loggers • Advanced flow estimations(flow rates and totals) • Advanced Run runtime profiles Flow Rates ut+`xa `.cpd',°r�,wd.nwh.: Y r�� e. P.• P o< o r i P . o� ro 1' IPS 1. Pump Cycle Runtimes ilnaamed Graup `.* 4 g. Star Controls A 11555 Heron Bay Blvd,Suite 200,Carol Springs,FL 33076 Page 1127 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 23 Advanced Programming for complex process control - Example —WWTP UV control system • Star Controls developed advanced controls for a UV system made by Grundfos • The system incudes complex control and pacing mechanism 09/16119 MON Players Club WRF VV Disinfection System-UVCP 18:49:37 09/16/19 MON Event Lag and Current 1/0 State 18:50:42 AUTO AVTd HNYP1 i'/16 18:13:23 LOSS Lossof 09/16 18-14-46 ON T1 D Minor a»,i 20 ac 20 xe 09/16 18:14:46« I Major ►•V on% nn nn% q8Y$ 0.03 59 I« - Loss of G• ON j` DL ' ® Major 1 " . : +• D: f 1A 16 SC 1Q IE On% 601% s6 a% 443% 50.4% 1 1 t P9 Advanced VTSCADA programming— screens and reports 6.8 Ft 3.3 Ft .. 21.4 Ft rv) �z Q61 2) 11 s 18 Ft 4�, -sra-,.ate 9.0 Ft ..9.o-; .:..,, Z3.4 Ft r5. 1&�i§ t 1 21.4 Ft 90.2 Ft 1 VI isa € i 45 r Shadow Crossln s' � ®¢+r� M n.. CEW. Ii ( 8reaksway J 1 iH cHH.= H1 11 A-11101Olt i - - ------- - , we Star Controls A 11555 Heron Bay Blvd,Solite 200,Cora8 Springs,FL 00076 Page 1128 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 24 6. Approach to the Scope of Work Star Controls A 11555 Heron Bay Blvd,Suite 200,Coraprings,FL 33076 Page 1129 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 25 Approach to the Scope of Work Introduction—The Star Team has a vast experience in the design and installation of many varieties of SCADA systems and products. Each customer has unique requirements and circumstances and the City of Boynton Beach is no exception.Through our numerous previous accomplishments with and experience with many other customers, we've come to deeply understand customer's SCADA needs. As experienced professionals in the SCADA and instrumentation business, we have tried to compile into our strategy and day to day operations the best methods and rationales for completing successful projects and maintaining satisfied customers. Project Management-We utilize most modern Project Management and quality methodologies and technologies,to guarantee on-time completion while complying, and in many cases exceeding, system's specifications.The project manager will be dedicated to this project from kickoff to signoff and will coordinate closely with the City staff all issues of planning, permits, installations, commissioning, and training.The sample diagram illustrates tasks typically and generally involved in the system integration process, and a graphical work schedule—one of the tools used by Star Controls for project task/time management 011 £ tfi Implementation ( Engineering 1i3+t £ ii s s}1 Protect Documentation tl '.rihtt�£ As built drawings ti )'th£st, Installation Books Installation and System Test Planning 4; 4illll,£££�,„1t,£„ System Design Implementation of System Customer To Contract Specifications Support 6 _ .m..�nJ� tit -gin Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como Springs,FL 00076 Page 1130 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STAIRCON® 6J Page 26 Complete System Design and Integration -Our expertise in the SCADA field, with a special devotion to the Water Industry, allows us to provide complete turn-key solutions, as well as stand-alone design, studies, and software and hardware integration activities. Our design is taking into consideration different aspects that are important to the integration of the SCADA system into the organization. It includes seamless fit into existing Operations, best-in-class User's Experience (i.e. simple to use,yet, comprehensive)while the entire system is fully Cyber Secured (i.e. using the most advanced hardware and software for Cyber Security). Implementation/Installation/Execution - The project implementation phase is conducted in an efficient, supervised manner with our PM on-site during all project implementation milestones. The RTU/Device and associated equipment and apparatuses are removed/installed/retrofit precisely per the SOW and City's standards, with appropriate mechanical and electrical considerations. All software components are configured, calibrated, and tested Corporation and Coordination with Staff - All our clients, with minor exceptions, are local or state-level government entities. We are thoroughly experienced with all administrative and legal requirements and procedures involving all aspects of such a project Acceptance Tests Factory Acceptance Test (FAT) - In order to ensure complete customer satisfaction and minimize downtime,we offer the customer a chance to view the entire system in a"dry-run" Lab setting before any installation activities take place. During this event,the customer may view and test a simulation of how the real system will operate and behave System Acceptance Test (SAT) - Star staff develop, and the CITY's staff approve a complete Site Acceptance Plan (SAT) to be conducted jointly by the Star's Engineer and the CITY's representative. During the Site Acceptance Plan all installation items are inspected for proper installation and operation.All data items(values,statuses)are checked for proper calibration and reporting to the new SCADA system. This process guarantees the [Subject] is accepting a properly installed, fully operational site. Documentation - Documentation is essential for project continuity, organization, and troubleshooting. Star excels in providing comprehensive, clear and concise project documentation. Documentation includes Drawings, Project Manuals and any document that will use to maintain or modify the system in the future. Support-Star Controls offers a comprehensive portfolio of maintenance products and services that meet different needs and budgets. In addition, recognizing that each customer is unique, we tailor services and products to specific needs. Star Controls has the highest qualifies, experienced and certified professionals. In many cases the vendors refer customers to Star Controls, counting on our professionals to address the customer's use. Controls offers Maintenance plan that includes Tier 2 and Tier 3 Remote and On-Site support, as needed. Training — Star Controls is a global professional education and integration company in the SCADA and Telecommunications fields. Our dedicated team of professionals has been implementing and supporting customers with RTUs (e.g. Motorola RTUs) and SCADA software systems (e.g. VTScada) for many years. Our team includes engineers and trainers with unparalleled knowledge and expertise. We believe that training Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1131 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 27 and education are paramount for any responsible and progressive customer. We are now offering a line of standard training courses as well as custom-tailored ones, in which we transfer core knowledge to you and your staff so you can: • Know more about your SCADA/Telemetry system • Become more self-reliant and better able to trouble shoot and maintain the system • Discover what new technologies can be adapted to your system. • Integrate new services (security, planning, water flow, etc.)to your SCADAsystem. Ston Controk A 11555 Heron Bay Blvd,Suite 200,Como rings,FL 33076 Page 1132 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 28 7. References — Past Performance Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1133 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 29 Reference 1 — City of Orlando Project name City of Orlando, Public Works Department Project location Orlando, FL Star Controls provided totally new software for the Motorola RTUs (MOSCAD and ACE3600), that simplifies and improves the entire programming and maintenance experience of the SCADA and the Project maintenance team. The software allows the SCADA team to develop and description troubleshoot new logic on much simple software platform. Star Control also held the pilot project to add cellular communications to the existing Motorola radio-based SCADA. The pilot was successful and the City plan to replace all old MOSCAD to ACE3600 and with cellular communications. Role in project New Software Original duration 2017— Now Final Duration (ongoing/ under maintenance agreement) Size/type SCADA for Wastewater Collection System Install Date 2017 - Now Owner's Mr. Guy Mecabe. (321) 229-7257, Guya ecabe CityofOrlando.net Contact 5420 LB Mcleod Rd., Orlando, FL 3281 Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1134 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 30 Reference 2 — St. Johns County Utilities Project name St. Johns County Utilities Project location St. Johns County, FL Designed new software for 40 Lift stations. Installed and tested software and radio communications, Converted the entire central Project equipment, Updated the central software to include Radio and traffic description statistics applications, commissioned new logic to VFD and quadplex pump stations, converted treatment plant RTUs and applications, Helped in the VTSCADA version transition. Role in project Design / Installation /Training Original duration March — Nov 2017 Final Duration March — Nov 2017 Size/type 230 Lift station, 5 water plants, some storm water sites, and different types of communication channels Install Date March — Nov 2017 Owner's Rick Nelson, SCADA Manager, 904-392-3541, rnelson sicfl.us Contact � y •,'FsuR, : F��tl i , � tt{ e ;Zl 1 k� Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1135 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 31 Reference 3 — Palm Beach School Board Project name Palm Beach County School District SCADA system Project location West Palm Beach, FL Design, programming, and installation of a new SCADA central (VTSCADA Project 11.3) for 301 County Building and schools. description Also, programming 20 NEW RTUs with high 1/0 count for building intrusion monitoring. Role in project Design / Installation /Training Original duration 2015 - 2018 Final Duration 2015 - 2018 Size/type County wide SCADA system for Palm Beach School Board Install Date 2015 - 2018 Richard Genchi, Palm Beach County School District Owner's 1380 Australian Blvd, Riviera Beach, FL Contact (561) 719-4443 richard. enchi palmbeachschools.or '�`.�PBS'J Ala.ma�vstem i�Yf�,e^�. �T�,"001.. pela 74 reatr� 1 rk- ;.,. ivngw GO,dwm, � � r a 1 � F3111{BMi'. ts, ! 9 any AU SCHOOLS AM kL M rtil Add . ALL C.mmarv�s 73.now F.toy ,md: 11.0W 5finex aw y5 4 tt f -- 11e1d JLcYrin Wdg.AAL alarms M1 l r rr _ t:fb A— CoralSir iu(p6 Poach l7Alk ns � �nra Park Dun N HeY�E Enhryi Walrnl 2M Mt. 114134 Ack__i WnD4 Jahn t Leona tl I ilgh Fire 9Y n'1 Waamk rtlix S11 Y'f r t,m;' Alk ! WMA ftklooi Palms Elorr Milk R ei Delw ey(Atam) 'r.Y,l`t1Y'k9Y ?a 10 ACic 7 9J9Ym�di Pdpr Ike Area al��eF41ip1 I i.r, r •U� `��, (t } Yx 4 '$' -07 t4� b A l 1 t t I�i,P �' 1}, �at¢�ri 2v sn��.�a _ � �9 '�ee�rte��rr�msr�rcl�ar ?f �ree+J�vlanau Ston Controk A 11555 Heron Bay Blvd,Suite 200,Coras Springs,FL 33076 Page 1136 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 32 Reference 4 — South Florida Water Management District Project name SFWMD RTU system Design and Programming Project location West Palm Beach, FL Project Ongoing involvement with 16-county wide SCADA system for stormwater description monitoring and control. Includes flow-computations and advanced stage controls. Role in project Design / Installation /Training tf. lfir, }.. .�., Original duration 2005 - 2018 Final Duration 2005 - 2018 Size/type RTU system Design and Programming €s Install Date 2005 - 2018 3301 Gun Club Road, West Palm Beach, FL 33406 The District's, policy does not allow its employees to act as a reference or comment on vendors projects. However, all work perform by Star Controls can be Owner's validated via public records. Contact We have worked with the following staff at SFWMD: Matahel Ansar— Solar power gates, SCADA system, Flow computations Garnet Ritchie- RTU design and maintenance Communication Francoise Berger- RTU design and engineering Gate control logic programming Logon O252AMFe61 - _ - •^.. S-15',5A Configure . .-,.y,o .::.. 7-Custom 2 Position(feet) 7.29 2.78 Aigofithrn 1-Head vlater FPL Normal °fo open wiiostsil,k \\\ Control source SCADA Generator Available Movement Moving UP Moving DOWN Min Stage 8.95 ATS FPL Last Change 02:51 02:51 Max Stage 13.85 a a Discharge(cfs) 35.9 37.2 Mir Position 0.00 Generator ON OFF Today(cf) 27546 28684 Max Position 3.80 ATS FPL GEN 0 0 Max Step 0.50 Permissive - Step Delay(sec) 600 Last l gal ,e,K;'as bad 1''+,Ki'as CFS target 65.0 Headwater 7 ]�. � Operation 02:35 02:28 Discharge 950000 Tail+water 7.77 Next 0.76 1.32 MAGO 3.09 Operation 02:45 02:38 MPHD 6.25 Setpoint 3.001 3.00! Current(cfs) 73.1 Time 10l 10l History Notes Today(cf) 56231 Execute SP TM I ABORT SP I TM I ABORTI Trends I Site info Continuous(cf) 56231 Star Controk A 11555 Heron Bray Blvd,Suite 200,Carol Springs,FL 33076 Page 1137 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 33 Reference 5 — Mount Pleasant Waterworks Project name Mount Pleasant Water Works Several Project Project location Mt. Pleasant, SC Star Controls held several projects with MPW, with the goal to improve and make the SCADA team self-sufficient. • provided totally new software for the Motorola RTUs (MOSCAD and ACE3600), that simplifies and improves the entire programming and maintenance experience of the SCADA and the maintenance team. The software allows the SCADA team to develop and troubleshoot new logic on much simple software Projects platform description • Delivered a complete SCADA migration project for the town of Mount Pleasant.The system includes conversion from INTOUCH/WONDERWARE to VTSCADA for a system that spans 160 lift stations, 4 Reverse Osmosis plants, 2 Treatment plants, and multiple PLC types and communication protocols. • Held consultation services, in which MPW has been implemented very successfully. • Migration from UHF network to cellular Role in project Consultant Original duration 2011-2017 Final Duration 2011-2017 Size/type SCADA for Wastewater Collection System and Water Treatment Plants Install Date 2011 - 2017 Mr. Brian Head; Cell: (843) 297-6658• Email: brianhead mpwonline.com Owner's 1619 Rifle Range Road, Mount Pleasant, SC 29464 Contact Note: Mr. Head is no longer the SCADA manager, but still with the MPW Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1138 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 34 List of qualifications that exemplify the firms experience with water, wastewater, and stormwater SCADA systems including PLC and control programming. Note: All the projects mentioned in previous sections were performed by the Star Controls team mentioned in this section.These projects required intimate knowledge and design and implementation capabilities of Fresh, Waster, and Storm—Water system monitoring and control systems. The following are a few hand-picked examples: Storm water Ron Zetouni and other Star Controls engineers have developed the complete software found in every one of SFWMD 500+ Water Control Structures.The software developed by Star Controls isMM used to monitor canal levels and control flood gates and pump stations as well as compute flow it Wastewater Diego Pinto, James Mondale, and other star control „ engineers have designed, installed, and implemented lift stations RTUs and equipment for many cities and counties in Florida and nationally. Water (Distribution) Star Controls Staff have designed and installed complete '"" Water Distribution monitoring systems for Bahamas, �� ' {t s V Jamaica, and many cities in the US Al 4 �\ Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1139 of 1743 City of Boynton Beach RFQ No.038-2821-19/TP STARCONTROLS Page 35 TAB 3 Star Controk A 11555 Heron Bay Blvd,Suite 200,CoraSprings,FL 33076 Page 1140 of 1743 i3 N PROPOSER ACKNOWLEDGEMENT Submit RFQ's To: PROCUREMENT SERVICES 3301 Quantum Blvd. Suite 101, Boynton Beach, FL 33426 P.O. Box 310, Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFQ Title: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES RFQ Number: 038-2821-19/TP RFQ Received By: SEPTEMBER 24, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) RFQ's will be publicly opened and recorded for acknowledgement of receipt in Procurement Services, unless specified otherwise, on: SEPTEMBER 24, 2019, no later than 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. Name of Vendor: Star Controls, Inc Federal I.D. Number: 51-0533827 A Corporation of the State of: Florida Area Code: 954 Telephone Number: 603.0491 Area Code: 954 FAX Number: 603.0492 Mailing Address: 11555 Heron Bay Blvd, Suite 200 CITY/State/Zip: Coral Springs, FL 33076 Vendor Mailing Date: 9/24/2019 Email Address: sales@star-controls.com Authorized Signature Tzvi Magril Name Typed THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 26 43 PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Check One Submitted By: Corporation X Name: Star Controls, Inc Partnership Address: 11555 Heron Bay Blvd, Suite 200 Individual CITY, State, Zip: Coral Spring, FL 33076 Other Telephone No.: 954.603.0491 Fax No.: 954.603.0492 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: Star Controls, Inc The address of the principal place of business is: 11555 Heron Bay Blvd, Suite 200 Coral Spring, FL 33076 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: January 24, 2005 b. State of Incorporation: State of Florida C. President's name: Tzvi Magril d. Vice President's name: Ron Zetouni e. Secretary's name: N/A f. Treasurer's name: N/A g. Name and address of Resident Agent: MITTELBERG, BARRY SESQ 1700 N. UNIVERSITY DRIVE SUITE 300 CORAL SPRINGS, FL 33071 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 27 Page 43 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: N/A b. Name, address and ownership units of all partners: N/A C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 14yrs Under what other former names has your organization operated? N/A 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. N/A 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES = NO X� 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 28 Page 43 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) See sheets attached of all qualifications 11. State the name of the individual who will have personal supervision of the work: Dana Musumeci,PM, Diego Pinto,Engineer 12. State the name and address of attorney, if any, for the business of the Proposer: N/A 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: N/A 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 29 Page 43 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work 2 Total Work a +b): 4 Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone Citi Rank 2769 l Iniversity fir C;nral Snrinns FI 3306 (877) 528-0990 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). Star Controls Project and Quality Process Method and Policy Star Controls Remote Support Procedure 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): Star (.nntrnls Pr niect and Ounlit)l Process Method and Pclic)J Star Controls Remote Support Procedure THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-SCADA System Programming,Maintenance&Repair 30 Page 1145 of, 11 43 20. Is the financial statement submitted with your proposal (if applicable)for the identical organization named on page one? YES F_X ] NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). N/A 22. What will be your turnaround time for written responses to City inquires? 24 to 48 hours 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. N/A 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. N/A 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. N/A THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 31 Page 43 26. Has the Proposer, its principals, officers or predecessors,' organization(s) been Convicted of a Public Entity Crime, debarred or suspended,from, bidding by any government during the Last five (5) years? If so, proOvide details. N The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be reified upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposers qualifications to perform under the contract shall,cause the owner to reject the proposal, and if after the award, to cancel and terminate the award, and/or contract. (Signed)_ (Title) President Subscribed and sworn to before me T ';A This day of <e2019 71 MAGRI� 44 %Ctary loublc-State of Florida commission I GG 187878 Nlycomm. Expires Mar 10,2022 11-C,t"ough National Notary Assn. Notablid(S'Jgnature)t My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER fOR,PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities-SCADA System Programming,Maintenance&Repair 32 Page 1147 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 43 PM and Project Quality Method and Procedure: Approach and Methodology As experienced professionals in the SCADA and instrumentation business, we have tried to compile into our strategy and day to day operations the best methods and rationales for completing successful projects and maintaining satisfied customers. Star Controls' total offering includes System Integration (SI) and Professional Services (PS) for managing the implementation and maintenance efforts for any system size. The company utilizes most modern Project Management and quality methodologies and technologies, to guarantee on- time completion while complying, and in many cases exceeding, system's specifications. The Star Controls approach to SI utilizes a team of specialists, experienced in the integration of Star Controls and non-Star Controls components into an overall turnkey system solution The professional services team is composed of a Project Manager and the required support members. To directly support the project, Star Controls assigns Design/System Engineers, Application/Software Engineers, Field/Instrumentation Engineers and Account Managers. For the duration of the project, these resources will be available to support the Project Manager from system design through final system acceptance. In addition, Star Controls' professional services group provides on-going support of the system design, installation, optimization, testing and training. We use best-in-class design and implementation practices, putting great efforts in all aspects of the project—project management, Planning, execution, coordination, certification, documentation, and training. Project Management We assign a dedicated project manager (PM) to each project. This individual serves as a focal point for interaction with the customer's staff to ensure prompt and proper coordination. Planning Prior to any implementation tasks initiation, we carefully plan and coordinate the project schedules, tasks, and contingencies with the customer's project manager. We use provide Gantt Charts and other aides to assist in this task. Execution During implementation and execution, we perform daily audits and quality checks of the work in Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1148 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 44 progress. The PM submits a complete work log to the senior staff for review and monitoring. If any alterations of modifications are required, they are handled in a timely manner with minimal work stoppage and wasted efforts. Coordination ALL activities requiring the customer's involvement are properly coordinated via the PM with the customer's PM (or assigned contact person). Certification A project is deemed completed only when it has successfully passed the System Acceptance Plan (SAT) —a script of tests and inspections to ensure and confirm deliverable completion. Documentation /Training Proper documentation is key for orderly records keeping, revision control, and reference. A complete set of records referencing all communications, plans, administrative, and technical endeavors is compiled and officially handed to Town of Palm Beach project manager. Process Flow Diagrams The two sample diagrams shown on the next page illustrate respectively all the tasks typically and generally involved in the system integration process, and a graphical work schedule—one of the tools used by Star Controls for project task/time management. �. } isl fit + 1 s stYt t, s {tl � )r s1}fs s Y 3 2J-:Yi Y+sS �ti r}7i f+ 4 M11, !r �'J hY fsj'- s 2,,;a' ,a.Y,, it�`dtsdt+S ssV (ti{is slip if �sll+ ' } 1 +sl 1i vtlf}! Ift r } _srJl t}t Itt+eft y77 fll�fl Slt 7 sl) f) irU S sl +1 c1 f fl'i t � T4s s� Y s Ys y is r, s I' ± hl ttl++{ {t}i Implementationtl' Engineeringt`r , fro i11 �} r i 'kt}rti ++ Project Documentation As built drawings I nstallation Books � �fS asst lf4l Installation and System Test Planning +,( ��r s}st}isr+li fs kr kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt kt tsi System Design Implementation of System Customer Support To Contract Speci fi cations Star ControN A 11555 Heron Bay Blvd,Suite 200,Cora8 Springs,FL 33076 Page 1149 of 1743 T ® C City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6J Page 45 Field and Application / Software Engineering Process Star Controls supplies appropriate engineering support during all phases of system design and installation, from needs analysis through implementation, to final system acceptance. Star Controls' engineers translate the customer's requirements into a customized system that meets the customer's needs, and is in accordance with the technical specifications requested. We select the best combination of products and services for the job and ensure functional and operational compatibility. The Application/Software Engineering team consists of a Lead Project Engineer who is responsible for the technical integrity of the entire network and for ensuring that the system, as designed and installed/optimized, meets the detailed functional requirements. The Lead Project Engineer possesses years of experience in system implementations. Application/Software/Field engineers are responsible for the configuration, performance, optimization and proof of performance of the overall system. Project/Field Engineers are also responsible for the detailed design, analysis, specification and performance of the electronic and electrical systems and software. ualit Quality control is perhaps arguably the most important factor for ensuring long lasting, reliable operation. Star Controls employs a stringent quality-control program. The quality control program includes a team design review, double inspection (Engineer and PM) of all installation and implementation items, a quality control checklist, Calibration /SAT results and reports, and much m Ston Controls A 11555 Heron Bay Blvd,Suite 200,CoraSprings,FL 00076 Page 1150 of 1743 T C S City of Boynton Beach RFQ No.038-2821-19/TP STARCON1 Page 46 Document Name Version Review Date Status Remote Support Process 1.5 March 22, 2019 Revised & Published Star Controls Remote Support Service — Procedure and Method Background Star Controls provide annual or on-demand support. This document describes the procedure and method of our Remote Support Scheduled Support Service • Notice and Response Time - Minimum of one week notice • Example of service — improvements and non-urgent activities • Procedure o Send an email to Star Controls Support (support star-controls.com), or call (1- 954- 603-0493), and describe the scope of the support o Support Representative will return via email with the suggested time for the support. Once it's confirmed an invite will be sent to you and our team member that will provide the remote support. Unscheduled Support Service • Mainly urgent calls, with faults that impact on critical operations • Notice and Response Time —6 to 12 hours response time, depends on availability of resources and terms & Conditions of the contract/agreement in place. • Example — recovery from failure of major component in the system, or abnormal situation. • Procedure o Send an urgent email, with description of problem, to support@star-controls.com, and (optional) leave a message at 1-954-603-0493 (our support line) o The engineer on duty will support it, and if it's required, he/she will call in additional resources. The immediate fix can be temporary, and then the support can be switched to scheduled (non-urgent) Rates The rates for the support services are based on Star Controls' published rates, orbased on a contract/agreement. Ston Controk A 11555 Heron Bay Blvd,Suite 200,Corarings,FL 33076 Page 1151 of 1743 T C S City of Boynton Beach RFQ No.038-2821-19/TP STARCON1 Page 47 Star Controls Support Method Star Controls offers a comprehensive portfolio of maintenance products and services that meet different needs and budgets. In addition, recognizing that each customer is unique, we tailor services and products to specific needs. Star Controls has the highest qualifies, experienced and certified professionals. In many cases the vendors refer customers to Star Controls, counting on our professionals to address the customer's use. Controls offers Maintenance plan that includes Tier 2 and Tier 3 Remote and On-Site support, as needed. Tiers and Escalation Process Star Controls Call service is based on a Three (3) Tiers model. Tier 1—identify that there is a problem, and first attempt to fix it will be through one of the following cases. • Customer staff will detect and report on failure event to Star Controls and open support ticket. • Star Controls' diagnostics will detect a failure or degradation of performance event. The problem can be fixed by remotely, either by the customer,with Star Controls instructions, or by Star Controls' support. If the problem is not solved than the ticket is escalated to Tier 2. • Tier 2 - Maintenance Experts of engineers and technicians that have been trained on SCADA system. Tier 2 team has all knowledge and resources to address most of problems in the SCADA system, including RTU/PLC, RF and SCADA software.The engineers of Tier 2 will have secured remote access to the customer's system. In the case that Tier 2 will not be able to resolve the problem it will escalate it to Tier 3. • Tier 3- Core Team Core Team of RTU/PLC, SCADA Software and RF experts.The team has many years of experience in designing, implementing and maintaining SCADA systems.Tier 3 may need to involve the vendors of the SCADA components in order to fix bug in the product. The support team may also suggest work around, in the event the bug is not fixed by the vendor. The engineers will be have secured remote access to the customer's system. This will reduce substantially Mean Time To Repair (MTTR), and increase System's Availability. Ston Controls A 11555 Heron Bay Blvd,Suite 200,Como prings,FL 00076 Page 1152 of 1743 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFQ TITLE: SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES PROPOSER: Star Controls, Inc. DATE SUBMITTED: 9/24/2019 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, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH ADDENDUM NO. DATE ADDENDUM No. DATE ® NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 33 43 4 �. W � r au o ; ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } ,SS COUNT,OF 1241 M BE14G 4 } Broward 1,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 integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this `43 day of 5 e,2 7�q, y 2,019 Printed Information: Tzvi Magril NAME President TITLE NOTARY P -l , State of Florida at:Large Star Controls, Inc COMPANY TIKVA MAGR:877 i• Notary Public-Stateda s.. Commission=GG ',,x:• My Comm.Expires M22 ded through National Nssn. "OFFICIAL NOTARY SEAL" STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,lblaintenance&Repair 34 Page 1154 of 1743 iNt }� �9 NON COLLUSION AFFIDAVIT OF PROPOSER State of Florida Countyof Sr and 9 Tzvi Magril being first duly sworn, deposes and says that: t) He is President of Stain Controls,inc the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees orparties in interest,irrcuding this a.€fianty has in any way colluded, conspired, connived or-agreed, directlyor indirectly with any other proposer, integratoror person to submit a cdllusive or sham RFQ in connection with the Contract for which the attached RFQ 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 proposer, integrator or person to fix the price or,prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of BoXnton,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 colfusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Tile) fresident Subscribed and sworn to before me This day of 5,61P , 20 NotaryPublic "- h' TIKVA MAGRIL (Signature-) :/E� _ \etary Public-State of Florida Commission e GG 187878 Commission + _ M,v Comm,rXpires Mar 10,2022 My Com ission Expires: 80rded through\ational Notary Assn. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 35 Page 1155 of 1743 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 to make it an official part of with your RFQ responses. 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) ( X) 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: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 36 Page 11566 Of 'I I 43 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Tzvi Magril on behalf of Star Controls, Inc. certify Print Name and Title Company Name that Star Controls, 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 in any amount 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. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 37 Page 115F Of II 43 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Star Controls, Inc. COMPANY NAME SIGNATURE Tzvi Magril President PRINT NAME TITLE THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 38 43 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS 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 vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 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. 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. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 39 Page 1159 Of II 43 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT RFQ NO.: 038-2821-19/TP SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES The Consultant 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 Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its subcontractors and lower tier subcontractors. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant 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. Star Controls, Inc. FIRM NAME By Tzvi Magril Title: President Date: 9/22/2019 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair 41 Page 68 OF i 43 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION Tzvi Magril the President of (Name of officer of company) (Title of officer of company) 11555 Heron Bay Blvd, Suite 200 Star Controls, Inc. located at Coral Springs, FL 33076 (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: Star Controls, Inc. 1. Is the business located within the City limits of YES N Number of Boynton Beach, Florida? Years: 2. Does the business have a business tax receipt EA NO Business issued in the current year? NJ License Number: 16-8013487702-1 3. Is the business registered with the Florida E NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Tzvi Magril Signature: ***FOR PURCHASING USE ONLY*** Business License Year Active: Established: Verified by: Date: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—SCADA System Maintenance&Repair 42 Page 11611 of, 11 43 DR-13 2019 Florida Annual Resale Certificate for Sales Tax R. 10/18 ka- This Certificate Expires on December 31, 2019 FLORIDA Business Name and Location Address Certificate Number 16-8013487702-1 STAR CONTROLS INC 11555 HERON BAY BLVD STE 200 CORAL SPRINGS, FL 33076-3362 By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re-rented for one or more of the following purposes: • Resale as tangible personal property. • Re-rental as tangible personal property. • Resale of services. • Re-rental as commercial real property. • Incorporation into tangible personal property being repaired. • Re-rental as transient rental property. • Incorporation as a material, ingredient, or component part of tangible personal property that is being produced for sale by manufacturing, compounding, or processing. Your Florida Annual Resale Certificate for Sales Tax(Annual Resale Certificate) allows you or your representatives to buy or rent property or services tax exempt when the property or service is resold or re-rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As a seller, you must document each tax-exempt sale for resale using one of three methods. You can use a different method each time you make a tax-exempt sale for resale. 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Online: Visit floridarevenue.com/taxes/certificates Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Mobile App: Available for iPhone, iPad, Android devices, and Windows phones. Page 1162 of 1743 State of Florida Department of State I certify from the records of this office that STAR CONTROLS, INC. is a Delaware corporation authorized to transact business in the State of Florida, qualified on January 24, 2005. The document number of this corporation is F05000000398. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on February 8, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Eighth day of February, 2019 Secretary f State Tracking Number: 8925585751CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication Page I 163 of 174: BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 —954-831-4000 VALID OCTOBER 1,2019 THROUGH SEPTEMBER 30,2020 DBA: Receipt#:Bull ESS/FINANCIAL/CONSULTANT 204 ype: Business Name: STAR CONTROLS INC Business T (CONSULTING/SOFTWARE) Owner Name:TIKVA MAGRIL Business Opened:03/29/2005 Business Location: 11555 HERON BAY BLVD STE 200 State/County/Cert/Reg: CORAL SPRINGS Exemption Code: Business Phone: Rooms Seats Employees Machines Professionals 2 For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 33.00 0.00 0.00 0.00 0.00 0.00 33.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: STAR CONTROLS INC Receipt #WWW-18-00176687 11555 HERON BAY BLVD STE 200 Paid 07/02/2019 33.00 CORAL SPRINGS, FL 33076 2019 - 2020 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 —954-831-4000 VALID OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020 DBA: STAR CONTROLS INC Receipt#: 327-10204 Business Name: Business Type:BUSINESS/FINANCIAL/CONSULTANT (CONSULTING/SOFTWARE) Owner Name: TIKVA MAGRIL Business Opened:03/29/2005 Business Location: 11555 HERON BAY BLVD STE 200 State/County/Cert/Reg: CORAL SPRINGS Exemption Code: Business Phone: Rooms Seats Employees Machines Professionals 2 Signature For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee I NSF Fee Penalty Prior Years I Collection Cost Total Paid 33.00 0.001 0.001 0.001 0.001 0.00 33.00 Receipt #WWW-18-00176687 Paid 07/02/2019 33.Page 1164 of 1743 Dev A Business Tax Services D partmerrt C00" w"'Jj"��L P �e�SineSs Tax Office rx S9500 West Sample Read,Coral Springs,FL 33065 BUSINESS TAX OFFICE -- Mon-Thurs:7:3OAm Spm,Fri:7:34AM-2:34Pm fw .CorolSprings.orglbusinesstox Phone:954-344-5964 LOCAL BUSINESS TAX RECEIPT STAR CONTROLS, INC. 11555 HERON BAY BLVD #200 CORAL SPRINGS FL 33076 License#: BT63597 Expiration Date: September 30, 2020 Amount: $145.85 Payment Date August 7,2019 Type of Business: BUSINESS TAX RECEIPT Business Location: 11555 HERON BAY BLVD STE 200 *POST THIS BUSINESS TAX RECEIPT IN A CONSPICUOUS PLACE* ALL WINDOW SIGNS SHALL COMPLY WITH LAND DEVELOPMENT CODE CHAPTER 18 CONDITIONS (if no conditions exist,then TYPE OF BUSINESS is only condition) DATE ADDED REQUIRED SATISFY DATE TYPE STATUS DEPARTMENT DATE NOTES: Page 1165 of 1743 « @ '§ § > W @ @ Z C � § 2 CU C o m 2 0LU E z fk § 0 20 - « � � ■ 4cu 7 � §% L 3 @ cn cn z S § W kLU � k � � � 'o § U ¥ E � a § ow cu o � 2 c)CU E ■ 2 4-- d @ 2 2 � o R zCL < m t 7 : 2 -- Lt- a w �: cli� ■ q @ / CO L) D 2 0 16 § k /2 00 u @ g @ a 2 CU � « m CL % § u ) / ® LU Cn \ / � 2 ELU z SE I-- LU 0 — co 04 > � � ° � 0 0 ? � m W � / o / E 0 U \\0 Cl) � @ \ q � .- �- � � o Cl) 20-2 -Fn 3 ¥ � � ` O « LL @ \ 0 0U \ Lw 2 U 2 ® E & CU E k Cl) w q § k u@ § 2 2f 2 � ■ cn / � m0 E e U 2 f 0 % f 2 LU 2 % § m .E m0P4 � ® � m o - � CY mak@ /° CO $ ) U E 2 @ C: « / « ERS £ k0 � � / � _0 cn )§ k a ( \ « = $ E 2 £ Cl) § D 2 % E cn E § 2 � c / � cn - � m � � c / $ k 2 o w ) / O k@ / $ o of \ @ 0 - 2 / /¥ \ cn u Z 2 ® 3 $_ O ° , U \ ƒ ƒ f « 0 � .E � % _ e / � � 0 cn � � � � - \ L- o ■ ƒ E k 0 E2@ § 2 6 $ � 2 / m_ o @ @ m E / E @ § > cn £ % 2 \ I .� � ® ° § E ® k � / / 3 } U 222k ƒ \ £ 2 / k § 7 F- O § E t: SOUTH FLORIDA WATER MANAGEMENT DISTRICT REGISTERED VENDOR NO.: 108946 January 7, 2019 Mr. Tzvi Magril, President Star Controls, Inc. CERTIF#CATION EMnRATWN DATE 11555 Heron Bay Blvd, #200 Jamsary 7,2022 Coral Springs, FL 33076 Dear Mr. Magril: Congratulations, the South Florida Water Management District (District) has recertified your firm as a Small Business Enterprise (SBE). This certification is valid for three (3) years and may only be applied when business is conducted in the following area(s): SCADA,Telecommunications&Water Management Consulting Services Your submittal of bids or proposals to supply other products or services outside of the specialty area(s)noted above will not count toward SBE participation. If you require certification in other specialty areas,please contact the Procurement Bureau,SBE Section,for additional information. Renewal is required every three (3) years and should be requested a minimum of 45 days prior to the above expiration date. If any changes occur within your company during the certification period such as ownership, affiliate company status, address, telephone number, licensing status, gross revenue, or any information that relates to your SBE Certification status, you must notify this office in writing immediately. It is imperative that we maintain current information on your company at all times. FAILURE TO REPORT CHANGES MAY RESULT IN DECERTIFICATION. Certification is not a guarantee that your firm will receive work, nor an assurance that your firm will remain in the District's vendor database. We look forward to a mutually beneficial working relationship. Sincerely, Jon f`-ynn Fox Sr.``ontract Compliance Specialist Procurement Bureau JLF/se 3301 Gun Club Road,West Palm Beach,Florida 33406 (561)686-8800 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • www.sfwmd.gov Page 1167 of 1743 0 MCM%MOLA Fixed Data Systems Date: February 3rd, 2016 To: Whom it may concern Subject: Value Added Reseller Channel This memo is to confirm the current status of Star Controls as a valued member of our VAR (Value-Added Reseller) program for our Motorola Solutions Fixed Data Products including Motorola's current ACE3600 product line and previously available MOSCAD and MOSCAD- L product lines. Star Controls is an authorized Value Added Reseller in the State of Florida. We appreciate Star Controls as a valued asset to Motorola Solutions and look forward to continuing our relationship for many more years into the future. If you have any questions please contact me directly at 312-614-4553. Respectfully submitted, acv Kreg Christoff Vice President and Director inW,figence a everywhere... Page 1168 of 1743 T ® City of Boynton Beach RFQ No.038-2821-19/TP STARCON® 6 Page 58 iaio-ewaa �tM1:k4a'39m'�WP9l t✓, pv�w�-�n.� �: !� a P 5aA&'Ca��'4m PAba, eab VTSCada a e S� tlt Software for Monitoring &Control I f . Advanced ,f Star Controls 4 Febmaty 2, 2017 .■ 3 0■�r `$ Years Trihedral Pu�rick(Tooke-Oia cseor at lkarkecing 419S6-2016 i4��a#yll e� �'/JJFIY6de¢690f1iV�. Lf(did'��d§',*�AS$f f\� �/�Ab�€��m.�'�&s9 Vii'.= �.I r6U�. ....9$pfik4�� FldF6bmfl A�.i 0i0\\`.'..117+p4®d.B&rYY14h\ a�i4it x_i�YY Ston Controls A 11555 Heron Bay Blvd,Suite 200,CoraSprings,FL 33076 Page 1169 of 1743 DATE(MWDD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 09/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maryanne O'Brien NAME: Vermost&Associates,LLCCONN. Ext): (727)748-2886 a/c,No): (727)577-4991 1200 Belcher Rd S E-MAIL mobrien@vermost.com ADDRESS: Suite 1 INSURER(S)AFFORDING COVERAGE NAIC# Largo FL 33771 INSURERA: Hartford Fire Insurance Company 19682 INSURED INSURER B: Ace American Insurance Company 22667 Star Controls Inc. INSURER C: 11555 Heron Bay Blvd Ste 200 INSURER D: INSURER E: Coral Springs FL 33076-3362 INSURER F: COVERAGES CERTIFICATE NUMBER: Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MWDD/YYYY MWDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 300,000 X Includes Hired Non-Owned Auto MED EXP(Any one person) $ 10,000 A X Includes Cyber Liability Y 84SBMBW6797 03/25/2019 03/25/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 4'000'000 PJECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE 84SBMBW6797 03/25/2019 03/25/2020 AGGREGATE $ 2,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION A STER ATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1'000'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ P` OFFICER/MEMBER EXCLUDED? N/A 84WECBY9866 06/26/2019 06/26/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability-E&O B 625922931009 08/29/2019 08/29/2020 Limit of Liability $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Boynton Beach listed as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 3301 Quantum Boulvard AUTHORIZED REPRESENTATIVE Suite 101 f Boynton Beach FL 33426 ✓ �' pnt k e.. Ql/" @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1170 of 1743 z Y c N Z Q K O O O O O O O O Q X o O O O H O O O O 00 0 O ro ro rn N ro o N r Z z0 h O LL O O O O O O m U Q O O O O O O M Q \ / LU L LU W h 4— Qz 0 0 O 0 0 0 0 IL 0 0 0 0 0 0 0 o Q ai v ori v p z r Z � � Q m W }�{� Z V Z o LU O'� F- Z u Q Q N p p r o 0 0 0 0 0 � QN Q v o o o > z O Q = z z O— Z O �O LU Z W Y p w Z IL < U O C9 J N Q O O O O O O Z W Q O O O O O O O Z 0. Q W O O .�-•�- 0 F Z y m F- w 2 w U N LU w OLU + N M I-- d F_ p y o o o 0 p o 2 Z Q Z QO a 600 N Z Z a O O O F U Y F= Q O O C=3 > a w LL F W H W N Q 0 p o 0 0 0 0 0 p O w etl X J LU Q W � WH Z Z O w o U N LL 0 0 0 0 0 0 O U� Q oio o ��co LU O IL p � m y y o 0 Q Q M O LL > > w � J J > > C U LU w a o c U J Z J m Z Q N Q t0 U O p J J J N a C WQ 0 Q F O U LL'N Lu O Z LL'N LU OF W Y Lu � Lu 3 it s V UJ LL' FUJ4' � m m Of rr 6.AA. CONSENTAGENDA 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting on October 15, 2019. EXPLANATION OF REQUEST: The City Commission met on October 15, 2019 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes 10-15-2019 Minutes Page 1172 of 1743 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 15, 2019, AT 5:30 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 Ty Penserga, Commissioner Crystal Gibson, City Clerk ABSENT: Steven B. Grant, Mayor Christina L. Romelus, Commissioner 1. OPENINGS Call to Order—Vice Mayor Justin Katz Vice Mayor Katz called the meeting to order at 5:34 p.m. Roll Call City Clerk Gibson called the roll. A quorum was present for the Closed-Door Session. Attorney Cherof announced the below case. Those attending the Closed-Door Session included the City Commissioners, City Manager, City Attorney, Tracey DeCarlo, Assistant City Attorney, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Cherof noted should a Commissioner who was not currently present arrive during the Closed-Door Session, it will be reflected when the meeting reconvened. CLOSED DOOR SESSION held on October 15, 2019 at 5:30 p.m. for a private attorney client session to discuss pending litigation in the case of: DAVID FLOERING, Plaintiff, vs. PAUL FREDERICK GREEN, CITY OF BOYNTON BEACH and STATE NATIONAL INSURANCE COMPANY, INC., a Foreign for Profit Corporation, Defendants — Palm Beach County Circuit Court Case No. 50 2017 CA 010537 The meeting recessed at 5:38 p.m. A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Attorney Cherof announced Mayor Grant arrived at the Closed-Door Session at 5:40 p.m. Page 1173 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Invocation by Minister Woodrow Hay, St. John Missionary Baptist Church. Minister Hay gave the invocation followed by a Moment of Silence for the passing of Assistant City Manager, Timothy Howard. Pledge of Allegiance to the Flag led by Mayor Grant. The Commission recited the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested adding to the beginning of Announcements, an Informational Notice from Utilities regarding the precautionary Boil Water notice issued this past week. He then requested the addition of two events: the renaming of the VFW and the Boynton Cares event next month, at the end of Announcements. 2. Adoption Motion Vice Mayor Katz moved to approve the agenda as amended. Commissioner McCray seconded the motion. The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission. Vice Mayor Katz had no disclosures. He offered condolences to Tim Howard's family and friends, and commented Mr. Howard was a true professional who did his job extremely well. Commissioner McCray had no disclosures. He also offered condolences to the Howard family and had worked with him longer than anyone. He was a gifted person with great knowledge in the field of finance and a great Assistant City Manager. He commented he was praying with and for City Manager Lori LaVerriere and staff to see them through. Commissioner Penserga had no disclosures, but he expressed his heart is with the family and colleagues of Mr. Howard. He did not know him long, but recognized, through his interactions with him, he was a good and decent person. 2 Page 1174 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Mayor Grant noted on October 2nd he attended the Topping Off party. He advised Ms. LaVerriere showed Mr. Howard photos of the beam, which made Mr. Howard smile. Mayor Grant conveyed he met Mr. Howard when he served on the Financial Advisory Committee and it was always nice to know someone who knew all the rules. On October 5th, Mayor Grant attended the tree giveaway sponsored by Community Greening, who gave away over 200 trees. He noted the majority of the trees given away were in Boynton Beach. He attended a Troop 395 Scouting session which gave the scouts an opportunity to speak with an elected official. He attended a Circles interview at Pathways to Prosperity. He hoped all had an easy fast for Yom Kippur. On October 10th he was at Ocean Avenue for the installation of the new Avenue of the Arts pieces. On October 11 th he met with members of Brightline regarding improved railway safety. He met with the Mayors of Boca Raton and Delray Beach. On October 12th, he attended the FAU game where the City of Boynton Beach was recognized. Before this meeting, he attended a ground breaking for the Bible Church of God Banks Living Legacy Community Gardens working with University of Florida extension at Mounts Botanical Gardens. 2. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Update on the Water Department Precautionary Boil Water Notice Colin Groff, Assistant City Manager, indicated on Tuesday the Utility Department conducted a full load test of a generator and the generator was switched off after a successful test. When staff attempted to revert the power at the plant back to FPL, a large breaker malfunctioned. Staff spent two minutes trying to reset the breaker by hand, but was unable to do so. Staff immediately notified the other plant operators to turn on pumps to maintain pressure and spent about 10 minutes doing so, but was unaware the pressure dropped and the City began to receive complaints. Staff checked the data and determined there were five or six points within the system, where the pressure dropped below 20 PSI. Standard operating procedures were followed and at about 2:30 p.m., it was determined there was a pressure drop in the system. The City operates under a State of Florida permit. One permit requirement, if the Utility believes there is any inclination of a problem with the system, was to issue a Boil Water Notice after approval by the Department of Health as the Health Department is responsible for overseeing these types of incidents. The Health Department, in collaboration with the City, determined, out of an abundance of caution, to issue a system- wide advisory notice. The law does not require the City to do this, but the City opted to be transparent and inform all the citizens about what happened. The Statute offers three options to provide information to the public: Door hangers, by telephone, and Reverse 911 calls. The City opted to issue a press release and sent it to 24 agencies, which impact Boynton Beach. The press release was publicized immediately and the City of Boynton Beach used all of its social media websites to post the information. Mr. Groff emphasized this was a precautionary notice which was not legally required. 3 Page 1175 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 The City experienced a low water pressure issue. Mr. Groff read the following rule into the record: "A drop in water pressure in a water distribution system is a signal of the existence of conditions which could allow contamination into the system through a backflow device." Mr. Groff again stated this was precautionary notice, which was not required unless certain conditions were met. The City did not meet those conditions, but was close. Staff took 105 samples to check for naturally occurring bacteria levels, which requires 24 hours. The notice also requested all notify others who may not have access to the media. There was no contamination anywhere in the system. The media was contacted because it has a larger impact. Mayor Grant stated staff was able to send an email when the water notice was rescinded and suggested the next time, sending the press release to the email list. Mr. Groff responded this was an oversight. They also used the Next Door app, which has about 9,000 customers. Mr. Groff explained the email list will be incorporated into the department's standard operating procedures. Commissioner McCray stated he was glad the City has guidelines and inquired if at any time, the life of any citizen or pets was in danger. Mr. Groff responded they were not. Commissioner Penserga commended staff noting there were discussions about innovations the City was working on to get the word out faster. Mr. Groff stated staff is beta testing an application called My Civic. Citizens can download the application and sign up, which is a great way to communicate instantaneously with the citizens and vice versa. This application would also be good for hurricanes and other important issues. The City uses opt in options. Vice Mayor Katz commented it was an emergency and the expectation of a flawless perfect response was not realistic. Given the fact it was precautionary, he approved that staff may have upset people as a precaution to get the information out. Ms. LaVerriere explained the City is building a distribution list of all the businesses from the Business Tax Receipts B. Announce the new solo exhibit by Cecilia Lueza installed on Avenue of the Arts called "Color Effects". Debbie Coles-Dobay, Public Art Manager, announced the new Avenue of the Arts exhibition, by Cecilia Lueza, selected by the Arts Commission. The exhibit consists of five colorful sculptures on East Ocean Avenue in downtown Boynton Beach. The artwork promotes community values and transforms the streetscapes in East Boynton. The Avenue of the Arts attracts visitors to the downtown, which increases cultural tourism, economic development and job creation. Last week's installation resulted in positive public relations for the City from local newspapers and television. In addition to the exhibit and the marketing program, staff is also working with the Cultural Council of Palm Beach 4 Page 1176 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 County and Discover the Pam Beaches to promote the exhibit as a cultural destination, also highlighting the Town Square. (Commissioner Romelus arrived at 6.56 p.m.) Ms. Coles—Dobay stated citizens can sign up and take monthly volunteer docent led tours, which include free promotional area business opportunities. They can also take a self- guided tour with the Otocast app, which connects the piece to the artist who talks about the art. Tours are available by visiting Boynton BeachArts.org or by picking up a brochure, which will be going out to print tomorrow. The brochures would be distributed in different City facilities and businesses. C. Announcement by Police Chief Gregory about the Department's Commission for Florida Law Enforcement (CFA) Accreditation as an Excelsior level. Michael Gregory, Police Chief, spoke about the accreditation process, noting schools, universities and hospitals have standard operating procedures and are required to maintain accreditations. In 1993, a law was enacted requiring the Florida Sheriff's Association and the Florida Police Chief's Association to create a statewide voluntary law enforcement accreditation program. Standards were developed and accepted for the Florida Law Enforcement community and the Commission for Florida Law Enforcement. CFA is the premiere state law enforcement accreditation program in the US. CFA has four chiefs, four sheriffs and one representative from the Florida State Law Enforcement Chiefs Association, The Association of Counties, the League of Cities, the Florida Supreme Court and the Chief Inspector General's Office. The Commission meets three times a year to oversee the accreditation program and accredit the agencies that have met and passed the review process. Chief Gregory announced on October 2, The Police Department was recognized as an Excelsior Agency, which is the highest honor that can be achieved by a professional accrediting body. The department received an in-depth outside examination of all procedures from 2016 to 2019, including audits and inspections to ensure practices are consistent with policies, and observed personnel. The Assessment team described personnel as knowledgeable, courteous and engaged and were also impressed with the Department's work with youth in the community, internal and external engagement efforts, the Department's social media presence, branding and messaging, and the Police Training Officer selection process. The Agency must demonstrate a commitment to the accreditation process fora minimum of five three-year cycles and demonstrate excellence in how it performs against 237 benchmarks. He acknowledged Sergeant Christine Nulty and Detective Holly Picciano for their efforts organizing and cataloguing the Department's compliance, their input on policies, their development and efforts to align their policies with the Department's training and their Commanding Officer, Captain Maurice Spates. Chief Gregory commented it is a huge undertaking to be accredited every three years and even more so, while working out of a warehouse. The requirements for booking cells, 5 Page 1177 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 holding areas, evidence and others items all had to be met in a challenging temporary facility. He presented Sergeant Nulty and Detective Picciano with a Department Commendation. He announced the Department is one of only 56 Police Agencies out of 390 in Florida to achieve this honor. Sergeant Nulty and Detective Picciano introduced themselves. Commissioner McCray congratulated Chief Gregory for stepping to the helm as safety is a first priority for citizens. D. Receive a $30,000 donation from the Realtors Association of the Palm Beaches and Greater Ft. Lauderdale for the enhancement of the area around the eastern pond at Barrier Free Park. Wally Majors, Recreation and Parks Director, asked Jeffrey Levine, President of the Realtors Association of the Palm Beaches and Ft Lauderdale, to join him and explained when the Department began their partnership with the Realtors Association seven years ago, they did not anticipate the relationship would continue. He was excited the Realtors Association was continuing to support the Barrier Free Park especially at this level. He was very proud of them and considers them to be very good friends of the Department. Mr. Jeffrey Levine, 2019 President, introduced President Elect, Jaren Low; Southern Palm Beach County Regional Vice President, JD McClintock; and Northern Palm Beach County Regional Vice President, Jonathan Dolphus. Mr. Levine explained the Association has partnered with the Recreation and Parks Department for the Barrier Free Park for nearly a decade and they are proud to have witnessed its continued growth and progress. Realtors are advocates for their communities and they help build and shape neighborhoods. On behalf of the Association, they were honored to be present to present a check for $30K for the final phase of the Barrier Free Park. Mr. Majors announced the 8th Annual Run/Walk to benefit the Park will be held the first Saturday in February. Commissioner Penserga thanked them and asked how they got involved with Boynton Beach and learned, years ago, Danielle Ballan, a communication director had taken on this program with the Association. Commissioner McCray noted the park was initiated by former Commissioner Bob Ensler before he passed. The Park is in his District. Mr. Levine advised the Association will continue to be involved in the park. E. Proclaim October 13-19, 2019 as Mediation Week in the City of Boynton Beach. Mayor Grant read the proclamation declaring October 13-19 as Mediation Week. No one was present to accept the Proclamation. F. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. 6 Page 1178 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Mayor Grant read the proclamation declaring the month of October as National Arts and Humanities Month. Present to accept the Proclamation was Marcia Levine, Vice Chair of the Arts Commission. She thanked the Mayor and the Commission. G. Proclaim October 15, 2019 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and also, to gain recognition of the white cane as the symbol of that independence and that self- reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from the Mayor. Mayor Grant read the proclamation declaring October 14, 2019, as White Cane Safety Day. Present to accept the Proclamation was Ted Goodenough, Assistant ADA Coordinator. Mr. Goodenough explained why it is so important to pay attention to individuals with white canes and he conveyed what it is like trying to cross a street. The person has their white cane and everyone is driving by. There is noise all around and no way of safely getting across the Street. He advised Florida Statute 316.1301 states the failure of motorists who do not yield the right of way to a person with a white cane or a guide dog, results in a $250 fine, three points on one's license and up to 100 hours of community service. On a personal note, Mr. Goodenough commented before he got his guide dog Rosie, he used his cane. He was on a sidewalk going to catch the train to go to work and it was raining. A driver had stopped in a self-serve car wash to change his windshield wiper and then pulled out and hit him in his SUV. Mr. Goodenough was not seriously injured, but did not want to take the chance of getting hit on the sidewalk again while using a white cane. He stayed in the house for about two years as a shut-in, working from home and then he decided he had to go out. He got Rosie and he is now back out. Mr. Goodenough explained he advocates for service animals and tries to help people understand what it means when they see a white cane, and expressed his pride to be an employee of the best City he has ever seen. H. Mayor Stephen B. Grant to proclaim October 2019, as National Disability Employment Awareness Month. Tricia Williams, Area Director for Best Buddies and Dr. Elsa DeGoias, Disability Services Manager at Career Source, will accept the proclamation. Mayor Grant read the proclamation declaring the month of October 2019 as National Disability Employment Awareness Month. Dr. Elsa DeGoias thanked the Mayor and Commission and commented she lives in Boynton Beach and it is the best town. She advised disability services is crucial to continue as it makes a difference in people's lives for awareness and education. 7 Page 1179 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Tricia Williams, Area Director for Best Buddies, thanked the Commission on behalf of Best Buddies International. A Best Buddy from Boynton Beach, Ryan Hoffman, was present and advised the organization is a global volunteer movement for people with intellectual disabilities to have one-to-one friendships, leadership development and jobs. He was diagnosed has autism at three and had a speech impediment. He used tools he learned in school and at home and his parents were supportive throughout his life. He overcame challenges by changing and stepping out of his comfort zone. In high school he got picked on. It was uncomfortable and he felt like he did not belong. He discovered Best Buddies in college, which helped him become more involved than ever before. He is involved in the Best Buddy Young Leaders Counsellor program to keep the mission going. He is a Buddy Director at FAU and an ambassador in Palm Beach County. He started his new job at a law firm in Deerfield Beach as a marketing coordinator using social media. He thanked Best Buddies and the law firm for having him and looked forward to the future with his job. I. Announce the Climate Action Workshop for public input into the City's 2020 Climate Action Plan, by Rebecca Harvey, Sustainability Coordinator. Rebeca Harvey, Sustainability Coordinator, announced the City is hosting a workshop on Tuesday, October 29th, from 6:30 p.m. to 8 p.m. at the Senior Center. The purpose is to engage the community in the development of the City's 2020 Climate Action Plan through open discussion about how government can work to reduce carbon footprints and the changing climate. Workshop topics include alternative transportation, energy efficient buildings, renewable energy, trees and green space, waste reduction and climate resilience. There will be light refreshments and the City will give away free stainless steel Go Green water bottles to the first 30 attendees. Mini-flyers were available and all ages were invited. She will be at the Fall Festive event at Intracoastal Park on Saturday and at the Pirates Fest on Saturday with the Sustainability Team in the Oasis tent. Further information could be obtained by visiting GoGreenBoynton Beach.com or emailing her. Mayor Grant announced a naming for Michael Metcalf on Saturday at VFW Post 5335, at 10:30 a.m. Parking was available at Intracoastal Park and on Sunday, November 3rd Mayor Grant will be hosting Boynton Cares Clean-up at Intracoastal Park at 9 a.m. Commissioner Romelus disclosed she met with Bonnie Miskel and the Related Group regarding the property at the Boynton Beach Mall. 3. PUBLIC AUDIENCE Susan Oyer, 140 SE 27th Way, passed around a thank you note from one of her students. She asked Commissioner Romelus to be a judge at the Seacrest Estate Halloween Decorating Contest, and she accepted. Ms. Oyer was unaware of the passing of Mr. Howard and sent condolences. She was at the tree give away, which went very well, and suggested the City should buy more trees to plant, especially canopy trees. She read 8 Page 1180 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 from an article in National Geographic, which advised trees are proven to secretly talk to each other by forming underground symbiotic relationships with fungi. John Welter, Chair of the Library Board, explained the Board authorized him to inform the Commission the Board wants to implement a fine-free policy for the Library. The Board has been discussing the issue in detail over the past few months and concluded they should join other libraries who have this policy. He highly recommended the City Commission change the Library's current fine policy. Miami Dade Public Library System went fine free over the past year and eliminated over$1 million in fines, thereby removing access barriers. Last month, the Palm Beach County Library System announced the same policy. The Board requests all materials be fine-free except for the WiFi Hot Spots and laptops. The laptops will be available to borrow when the new Library opens. Mr. Welter expressed many in the community stop using the Library because of the economic barrier imposed by the current policy and felt the Library should be accessible to all regardless of race, culture and income. Commissioner McCray asked what the total Library fines were and learned they were about $17K to $18K a year in late fine collections. If a patron does not return the materials, they are sent to a collection agency to recover the material, which would remain. Commissioner McCray asked if there was a forgiveness policy. Mr. Clark explained for new patrons, they will forgive fines the first time around, but let the patron know in the future they will have to pay them. Mr. Craig Clark, Library Director, confirmed the Board has been discussing this for some time and he is the Board Liaison. Commissioner McCray supported the initiative and requested discussing it as a future agenda item as he wanted more information. In addition to Miami/Dade and Palm Beach County implementing the policy, Chicago just went fine-free as did other major cities across the country. Mr. Welter explained the policy only pertains to eliminating the late fines, NOT the materials. Commissioner Penserga asked how much the Library was paying for the collection agency and learned the patron is charged $10 if sent to collection, and the Library pays the agency $8.95, so it is a budget neutral issue. Motion Commissioner Romelus moved to put the item on another agenda. Commissioner McCray seconded the motion. The motion passed. Attorney Cherof will check to see if the fines are via ordinance. INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) David Katz recently attended the American Planning Association workshop with two other Planning and Development Board Members. Since the City paid for their attendance, he wanted to give a report. Speaker Merle Bishop discussed planning basis 9 Page 1181 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 and Susan Coughanour discussed Planning Law. Three people from the County spoke about sustainability in planning and sustainable economics. He participated on a panel with two other Planning Board Members, Larry Cellon, Boca Raton Planning Board, Judith Thompson, Chair of Lake Park Planning Board and himself. They had an hour and a half panel discussion called Perspectives of a Board Member. One person asked him about an article in the paper saying the Mayor wanted to turn the mall into an amusement center and he responded do not believe everything they read in the Post. He learned a lot of good things and thought it was good. Charles Hunt, 1330 NW 1St Court, Special Operations and U.S. Airforce Retiree, requested the Commission's help. He is working with Andrew Mack, Public Works Director, but they have not been able to connect. Mr. Hunt wanted the canal area behind his house to look nice, but currently it was not fit for even a dog to walk through. The west side of 95 is beautiful, but the northeast side of 95, Boynton Beach canal looks terrible and scrubs are growing up the side. There are snakes and his grandkids cannot play out back. He requested the Commission's assistance. He was told the Lake Worth Drainage District is responsible for the property and he noted the area by the church was cleaned up. He wanted the City Commission to be his voice. Commissioner McCray explained the Bible Church of God cleaned up its own area from Federal Highway to Seacrest and there is a park in there. He will contact Lake Worth Drainage District and Andrew Mack to see what could be done. Mayor Grant suggested contacting Community Standards. Kathy Cline, Fire Marshall, explained on October 26th, in partnership with the American Red Cross, the Fire Department and Neighborhood Officer Program, the City will install smoke detectors in the community between Boynton Beach Boulevard and 13th Avenue, and 1-95 and the Intracoastal. There are 75 people from the American Red Cross participating and they are hoping to get over 100 volunteers. The event will take place from 8 a.m. to 2 p.m. and lunch will be offered. Volunteers will meet at the Carolyn Sims Center for the Smoke Detector Program and then can attend the Pirate Fest. Flyers were available and the event was posted on their webpage. Any neighbor could sign up and make an appointment, and they will scour the neighborhood for anyone who does not have a flyer. Residents who do not want to have a smoke alarm installed that day can contact the Fire Department and they will be given a smoke detector. They have over 500 smoke detectors donated by the American Red Cross for the program. There is no charge for the smoke detectors and they will be installed for free. Commissioner Romelus thanked Ms. Kline for the announcement and noted the last event the Fire Department held in Forest Park went off without a hitch. and she was glad the same program was being offered to a different part of the City. She noted a smoke alarm is needed in each bedroom and smoke detectors now have 10-year batteries. Ms. Cline advised the detectors being installed have the 10-year battery. The flyers for the program are also offered in Creole and English. Homeowners could receive however many smoke detectors are needed. 10 Page 1182 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Irwin Cineus, 223 NE 12th Avenue, noted the Grand Opening of Sara Sims Park was approaching. He asked if there was a plan to add more to the park and the amphitheater or performing stage, so there would be the opportunity to have concerts. He did not know what the policy was and commented the community wants outdoor events and concerts. They also want outreach to bring the community together and he questioned how the park would be policed and managed. Vice Mayor Katz explained there was no amphitheater in the original plan, and later the repurposed amphitheater canopy was added. Currently, there are no plans to add to it. There was consensus to open the park with what is currently there, gauge the usage and then maybe see if there is the opportunity to allocate additional funds. Concerns raised by nearby park residents was it is a neighborhood park, and they did not want loud music or activities. There were also dangerous incidents that occurred there and since then there has been a prohibition about events at the park for a few years. They have not revisited it, but there were requests to revisit the issue with the new park opening. He thought there would be opportunities to discuss concerts and events, but right now there are no plans to expand or add to the amphitheater performance pavilion. Mayor Grant thought the Board was supposed to discuss event permits at Sara Sims. Ms. LaVerriere explained they will bring back a discussion if the City Commission wants to lift the prohibition. After brief discussion, there was agreement to discuss the item on November 5th. The goal for Sara Sims was to have the park open as soon as possible. Mr. Cineus commented the park is fresh and new. He encouraged communication with the residents and requested the City Commission keep an open mind. Commissioner Romelus suggested residents attend the meeting to voice their opinion. Minister Bernard Wright, Robert E. Wells Foundation, 713 NW 2nd Street, did not understand why there were debates about a park that was theirs. He lives two houses down from the park, and there was never anything in the original plan compared to what they have now. He had advocated for a water park and he advocated for an amphitheater to build wealth in the City. The want to pay homage to entertainers and celebrities that used to come that now have an opportunity to come. He thought gun violence was everywhere, but life goes on. He thought the community was being stigmatized over someone who did something the community knew nothing about, that ended in a shooting that resulted in closing the park. There are two Commissioners piggy-backing on completing the amphitheater. He commented Vice Mayor Katz changed the name to a performance pavilion. They talked about a cultural center in 2014, but he asserted the City Commission was stealing from their neighborhood, and instead giving them a cultural center in "White Town" which is the Town Square. He explained it is still the same and nothing changes if the Commission can accept the location and the community's perception of the division in the City. The City has four districts and each district should have the interest of the people. He thought music in the park would not upset the community's quality of life and the Commission had a negative attitude. Vice Mayor Katz commented he respects Reverend Wright as a passionate member of the community. He advised he too lives in the City of Boynton Beach and it does not 11 Page 1183 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 matter when and where something occurs in the City, as it is important to him. He looks forward to the park's opening. He will be revisiting the prohibition and setting up opportunities to have some events at the park. He will support opening the park up for special permits and he looks forward to the park's opening. No one else coming forward, Public Audience was closed. 4. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced the vacancies on the various Boards. Motion Mayor Grant moved to advance Shaquira Young from an alternate to a regular member on the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Vice Mayor Katz moved to nominate Vinola Rada to the Education and Youth Advisory Board. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Commissioner Romelus moved to nominate Francoise Calixte-Dieuvil to the Education and Youth Advisory Board as an alternate. Commissioner McCray seconded the motion. The motion unanimously passed. Motion Commissioner Penserga moved to nominate Jay Sobel as an alternate on the Planning and Development Board. Commissioner Romelus seconded the motion. The motion unanimously passed. B. Appoint a Voting Delegate for the National League of Cities City Summit, November 20-23, 2019. Mayor Grant advised he, Commissioner Penserga and Commissioner Romelus were attending. He offered to be the Delegate. 12 Page 1184 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner Romelus so moved. Commissioner Penserga seconded the motion. The motion unanimously passed. 5. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R19-108 -Approve and authorize the City Manager to sign a First Amendment to agreement with James D. Stokes to increase hourly rate of Special Magistrate Services for the City's Red Light Camera Program. Commissioner Romelus pulled this item and asked what the original fee was. Mara Frederiksen, Finance Director, explained his original fee was $140 an hour and the request was an increase to $200. Ms. LaVerriere explained Mr. Stokes had asked for a raise in 2017 which was denied. Attorney Cherof explained the $140 an hour rate was comparable to other magistrates. This raise would be on the high end. Mayor Grant asked what would occur if there was no magistrate for the Red Light Camera hearings. Ms. LaVerriere explained they are hard to find. The City would have to issue a letter of interest. The City had two Magistrates but the second Magistrate moved on. It would take some time and the City would have to try to find an alternate in the interim. Commissioner McCray thought the increase was a big jump, but he would support $175. Vice Mayor Katz supported the compromise. Commissioner Penserga also agreed, but queried the original rate was $140 an hour, but there would be two magistrates. He commented the Magistrate is doing the work of two people without doubling the salary. Ms. LaVerriere noted there was a decrease in the fees because the City has gone from two hearings a month to one. It should neutral out. Mayor Grant commented the Magistrate works 40 hours a year. He requested a motion to amend the salary to $175. Commissioner Romelus thought the $140 was comparable and supported an increase that was closer to $140. Motion Commissioner McCray moved to increase the salary to $175 an hour. Vice Mayor Katz seconded the motion. The motion unanimously passed 4-1 (Commissioner Romelus dissenting.) 13 Page 1185 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 B. PROPOSED RESOLUTION NO. R19-109 - Authorize Mayor to sign an Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach to provide funding for the design, permitting, and construction administration of the NE 3rd Street roadway. C. PROPOSED RESOLUION NO. R19-110 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Justice Assistance Grant (JAG) subject to the approval of the City Attorney. D. PROPOSED RESOLUTION NO. R19-111 -Authorize the City Manager to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Occupant Protection and Child Passenger Safety grant subject to the approval of the City Attorney. E. Approve the purchase of additional license, training and development services from Transcendent for the expansion of the Utility's asset management system to incorporate wastewater Lift Stations, Raw Water Wells and the District Energy Plant. The cost of the additional license and training on the existing software is $22,250. The total for license renewal and additional license is $52,970. F. Approve Task Order UT-3D-02 with Baxter & Woodman, Inc. DBA Mathews Consulting, A Baxter & Woodman Company, in the amount of $80,850.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to extend NE 3rd Street from NE 9th Avenue to Martin Luther King Jr. Blvd. (NE 10th Avenue). G. As part of the approval of the inter-local agreement between the City and CRA for design, permitting, and construction administration of the extension of NE 3rd Street it is necessary to amend the Fiscal Year 2019-2020 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. H. Approve an increase to the rental agreement with Williams Scotsman, Inc. for rental of 60x24 and 60x48 modular trailers in the amount of$28,610.80 with a 10% contingency amount of $2,861.80 for the temporary library located at 115 N Federal Highway. I. Approve utilizing the National IPA (U.S. Communities and National IPA are now part of OMNIA Partners-the nation's largest purchasing organization in procurement and supply chain management) Contract # 2017025 with Toro Pricing thru local distributor, Hector, 1301 Northwest 3rd Street, Deerfield Beach, FL 33442 for the 48 month lease of equipment at $3,032.48/mo with an annual expenditure of $36,389.76 . J. Approve the minutes from City Commission meeting on October 1, 2019. 14 Page 1186 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Vice Mayor Katz moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion unanimously passed. 6. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-112 - Authorize the City Manager to sign a contract with Killebrew, Inc. of Lakeland, FL for scope of work that includes pre- chlorinated pipe bursting of potable water mains on NE 1st St., in the amount of $702,794.00 plus a 10% contingency of $70,279.94 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $773,073.94. Commissioner McCray pulled this item and inquired how long it would take to complete the project. Joe Paterniti, Utility Director, explained it would take 60 days from the Notice to Proceed. Mayor Grant asked if the road would be closed and learned there would be some road closures. The work will be done in situ, and there will be some boil water notices during the construction process. Commissioner Romelus asked if there would be an 800 number citizens could call and speak with staff. Mr. Paterniti explained notification will be given by direct mail and door handlers. Motion Commissioner McCray moved to approve. The motion was duly seconded and unanimously passed. B. PROPOSED RESOLUTION NO. R19-113 - Award Bid No. 033-2511-19/EM for "Ezell Hester Community Center Re-roof", and authorize the City Manager to sign a contract with T & G Constructors, Doral, FL as the most responsive, responsible bidder in the amount of $392,810 plus a 10% contingency in the amount of $39,281.00 for a total estimated amount of $432,091. C. PROPOSED RESOLUTION NO. 19-114 - Authorize the City Manager to sign a contract with Intercounty Engineering, Inc. for the Storage Tanks Pressure Sustaining Valve Replacement project, Bid No. 036-2821-19/TP in the amount of $155,147 plus a 10% contingency of $15,514.70, if needed for staff approval of change orders for unforeseen conditions, for a total expenditure of $170,661.70 D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for October 15, 2019- "Request for Extensions and/or Piggybacks." E.Approve the purchase of three (3) replacement vehicles as approved in the FY 2019-20 fleet replacement budget in the estimated amount of $873,444.00 by utilizing the following contract: Florida Sheriffs Association FSA 18-VEH 16.0. 15 Page 1187 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve the remainder of the Consent Agenda for items over $100,000. Commissioner Penserga seconded the motion. The motion unanimously passed. 7. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve request for New Site Plan (NW SP 19-002) to construct a one (1) story, 1,989 square foot professional office building and related site improvements on a 12,822 square foot vacant lot located at the northwest corner of NW 7th Court and Boynton Beach Boulevard. Applicant: Joni Brinkman of Urban Design Kilday Studios. Attorney Cherof administered an oath to all those intending to testify. Joni Brinkman, Urban Design Kilday Studios and OFS Holding, owner of the property, requested approval of the above item. The building is proposed to be closer to Boynton Beach Boulevard and complies with the setback requirements. She described the buffers on Boynton Beach Boulevard and on the west side of the building with an additional green area within the existing utility easement. There is a buffer on NW 7t" Court, which provides the only access to the site and the parking lot to the rear of the building. The north side of the building, adjacent to existing residential structures, will have 12-foot buffer and a 6-foot wall. They made a presentation to the Planning and Development Board and they had some concerns to ensure the residents were adequately protected and mitigated. As a result, they agreed, as a condition of approval, to add additional plant material on both sides of the wall to form a barrier above the 6-foot wall. On-site garbage collection will be via a tote roll out similar to the existing office building on NW 7t" Court. The building is less than 5,000 square feet, and they made efforts to promote sustainability, including metal seamed roofs, LED outdoor lighting features and 100% of the plant materials is low to medium watering demand that will promote four different types of butterfly species and perhaps an additional species. There will be an onsite recycle bin and although they are only required to provide seven parking spaces, they will provide one Electric Vehicle Charging Station. There is an existing bus stop with a bench and a sign, and they agreed to provide a 15' by 7' bus shelter easement and construct a shelter that will be consistent with the design of the building. They are discussing art in public places and have not finalized the plan; however, the shelter may provide opportunities for the art. The north side of the building will have signage and the project will not have a negative impact on the surrounding area. The property owner will use the building for his personal office, but may later allow a second professional office user. 16 Page 1188 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Commissioner McCray inquired if they contacted Palm Tran about the bus shelter and learned they had. All the surrounding citizens within the legal radius required to receive notice were contacted by mail and the site was posted. Vice Mayor Katz thanked them for being proactive and incorporating additional amenities. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion. Mayor Grant opened public comment. No one came forward. Vote The motion unanimously passed. B. PROPOSED ORDINANCE NO. 19-038 - FIRST READING - Approving BIRD Property Future Land Use Map amendment (LUAR 19-004) from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification. City- initiated. Attorney Cherof read Proposed Ordinance 19-038 by title only on first reading. Attorney Cherof read Proposed Ordinance 19-039 by title only on first reading. Ed Breese, Planning and Zoning Administrator, reviewed the property is south of the Post Office on Boynton Beach Boulevard west of Congress Avenue, behind the Publix shopping center. The 1.89-acre parcel was annexed via interlocal agreement with Palm Beach County in 2010. The current use is a storage facility. The Future Land Use as currently listed retained the Palm Beach County Land Use designation which is Industrial. Staff was proposing to change the land use within the City to Industrial to match what is currently in the County and as to rezoning, the property is currently zoned in Palm Beach County as Light Industrial and the City would rezone the property to Light Industrial to be consistent. Staff recommends approval based on the Comprehensive Plan which seeks to retain and increase industrially designated land within the City. The item is City-initiated because the City annexed the property to the south of the site that the School Board owns. Once they did that, the property became an enclave and the City worked with Palm Beach County, via Interlocal Agreement, to annex the parcel in. It was done through legislation. The property owner has been paying taxes since 2010. The City only now was changing the land use and zoning from the County's designation to the City's. Since it was City-initiated, there was no requirement to change it. There had been some discussion whether they would have to hook up to sewer at that point in time, but the City held off and the regulations have changed. They do not have to hook up to sewer until they redevelop the parcel, and now is the time to make that change. 17 Page 1189 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve Ordinance No. 19-038. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. PROPOSED ORDINANCE NO. 19- 039 - FIRST READING -Approving Bird Property Rezoning (LUAR 19-004) from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. Motion Commissioner McCray moved to approve Ordinance No.19-039. Commissioner Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. 8. CITY MANAGER'S REPORT A. Provide a brief update on the Art in Public Places program. Ms. Coles-Dobay gave a brief visual presentation regarding the Art in Public Places program. She advised the website is updated and informative. The Arts Commission is promoting art in private developments and City projects which she reviewed. The Arts Commission also oversees maintenance on three murals and five different artworks and has an active maintenance program. Commissioner Penserga asked if young children could take part in these experiences. Ms. Coles-Dobay explained public art is for everyone and all ages. There are interactive art pieces and Jaycee Park has a way to learn about mangroves and the importance of waterways. There are many educational components. 9. UNFINISHED BUSINESS - None 10. NEW BUSINESS A. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Smith Smiles, Inc. Mayor Grant presented the item. An unidentified representative from Smith's Smiles explained the organization donates toys to kids in the hospital. He introduced Grace Smith and Zachary Smith. Ms. Smith noticed when she was in the hospital, all the toys were broken or had missing pieces, so they started to donate to different hospitals so children would have something to play with while they were going through their procedures. Zachary. Smith explained it grew from there, becoming a non-profit in 2016, which is run by them and his parents. So far, they have donated over $11 K toys in 18 different states and one international donation in Israel. Commissioner McCray asked if the toys donated were donated in Boynton. Ms. Smith explained they have donated all over Florida, and have donated to Bethesda Hospital and in Jupiter. They call around to 18 Page 1190 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 see where there is a need and now people call them. Most donations are in Palm Beach County. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. The motion unanimously passed. B. Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Citrus Cove Elementary. Principal of Citrus Cove Elementary School, Dr. Natalie Cromwell, explained they are a school that services students in Pre-K through 5t" Grade. They are a Science Technology Engineering Art Math (STEAM) School, and she thanked Commissioner Penserga for reaching out to the school over the summer. She had a wonderful visit with Police Chief Michael Gregory. The support of the community is important and partnerships with the school community are important. The teachers, staff and students feel the Commission's support and she thanked Commissioner Penserga's decision to donate $1,000 to the school. The funds will be used to provide a research-based phonics program for first grade students. The kindergarten students use the Wilson Foundation which is a phonics program and they wanted to expand it to the first grade and use the donated funds to purchase some of the materials to implement the program. She noted there are 160 first grade students and 1,070 total students. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. C. Approve the request of Commissioner Penserga to distribute $1,000 of his Community Support Funds to Freedom Shores Elementary. Michael Sabatino, Freedom Shores Principal, explained he will use the donation to pay off outstanding lunch debts of students. The school is an 81% free and reduced lunch school and they have a lot of student debt. In elementary school, students do not get the choice of lunch, once they reach a deficiency of $6.15. After that, the student is given a turkey and cheese sandwich with no other option and a milk or juice. The debt will follow them through their years of school and impact them when they are ready to graduate. They would like to pay off the debt so students can start with a clean slate and offer all the students a choice of hot lunch. It was noted the school sends free and reduced lunch forms home with the students. 19 Page 1191 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. Vice Mayor Katz commended Commissioner Penserga for his contribution to the school and the two principals as he has heard nothing but good things about the schools. Commissioner Romelus suggested, in terms of formatting the agenda, that community donations be moved after Announcements. It would publicize non-profits and other organizations. Mayor Grant thought it could be heard under Administrative, before the Consent Agenda. There were no objections. 11. LEGAL A. PROPOSED RESOLUTION NO. R19-115 - Authorize Mayor to sign a non- exclusive ground lease with FH Quantum, LLC to construct a parking lot for Quantum Eco Park to serve the parking requirements for a 60-acre park. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. The motion unanimously passed. It was noted the lease was for 30 years had two additional terms for 30 years. Vote The motion unanimously passed. B. Authorize the City Manager to discontinue further negotiations for a lease extension for a portion of Mangrove Park and vacate the leased area which will revert back to the Diocese of Palm Beach. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Mayor Grant heard the park was closed since July, and he has not received any complaints about the park being closed. He suggested discussing moving the Boardwalk there with the Diocese. They need to discuss what would occur with the structures and bathrooms on the site and what will happen with the park. He noted some of the park pictures were saved. There previously was nothing there and now there are actual mangroves. 20 Page 1192 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Vote The motion unanimously passed. C. PROPOSED ORDINANCE 19-037 - SECOND READING - Approval of an Ordinance of the City Commission of the city of Boynton amending Chapter 18, pensions and retirement, of the Code of Ordinances to create a new Article XI, "deferred retirement option plan" providing for uniform Deferred Retirement Option Plan benefits for all City employees; amending conflicting provision of DROP benefits contained in the General Employee, Fire and Police Pension Plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. Attorney Cherof read proposed Ordinance 19-037 by title only on second reading. The Commission has to amend paragraph O to add: "Effective for sworn law enforcement employees hired on or after 10-1-2019, and for fire rescue employees and general employees hired on or after 10-1-2020." As an introductory clause on line 91. The reason for the addition is the City received feedback from the actuaries regarding clarification of that section and they cannot submit the Ordinance to the State until it is in its final form. Only the amendment would be approved tonight and he requested tabling the second reading of the Ordinance to the next meeting. Motion Vice Mayor Katz moved to approve the amendment and table the Ordinance to the next meeting. Commissioner McCray seconded the motion. Julie Oldbury, Human Resource Director, clarified the date for General and Fire employees should be 1-1-2020. Commissioner Penserga requested clarification the Ordinance would not affect current employees or those already in DROP. Mayor Grant asked if employees could keep their money in the DROP until their death. Ms. LaVerriere explained they would not. The requested proposal is the funds would have to be withdrawn within 45 days. Mayor Grant was concerned the City cannot spend 7% in the DROP in perpetuity. He thought for the future, the City should add a line that says if they are not in the DROP, they can either have the 7% and be required to take the money out after, or offer interest at a variable rate. It was noted each plan is different and they have to meet the requirements for each plan. Ms. Oldbury explained DROP is contingent on years of service or age. Mayor Grant asked about DROP loans, and asked if employees could take DROP loans, pay them back and it not be a withdrawal. Commissioner Romelus understood the original concern was if the Commission wanted current employees, who are not yet in the DROP to be able to enter the DROP and Mayor Grant added to be able to maintain 7% for their life. Mayor Grant also inquired what the City was paying in interest per year for all retired and all DROP employees, noting the Plan could have a down year and not earn 7%. He did 21 Page 1193 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 not think it was necessarily a collective bargaining item. Mayor Grant wanted to know what the City was paying retired employee because he was unaware of any annuity that pays 7% and the City, if they have a down year, would be paying 10% interest on accounts for employees no longer working for the City. Attorney Cherof explained the item was going to be tabled, and the City could ask for alternative information from the plan actuaries. Vice Mayor Katz clarified his original motion to mean to approve the amendment to the documents and then table the document. As to the issue about the DROP interest rate, he thought pension reform was sticky and there is a collective bargaining process in place to address it and any other benefits or working conditions afforded to employees. The current benefits have been tentatively agreed too and he did not support circumventing collective bargaining. Commissioner Penserga announced he is opposed to changing the DROP program for all current employees whether they are vested or not. He favored what was already agreed to for new hires in the Union meetings which was a variable for all hired after the first of this month. Mayor Grant wanted to know how much money was in the three pension DROP accounts, and how much the City has paid into DROP accounts for all three pensions for the last three years. Vote The motion unanimously passed. 12. FUTURE AGENDA ITEMS A. Commission will review and discuss our legislative priorities for the January 2020 legislative session - November 5, 2019 B. Ratify Police Collective Bargaining Agreements - November 5, 2019 C. The Mayor requested the City Commission discuss the branding for the downtown area (town square) - November 5, 2019 D. Staff and development team to provide brief update on Town Square Project - November 5, 2019 E. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 - March 17, 2020 13. ADJOURNMENT Sara Sims Park will be discussed at the November 5t" meeting. 22 Page 1194 of 1743 Meeting Minutes City Commission Boynton Beach, Florida October 15, 2019 Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Vice Mayor Katz seconded the motion. The motion unanimously passed. The meeting was adjourned 9:06 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Justin Katz Commissioner - Mack McCray Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 23 Page 1195 of 1743 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-137-Authorize the City Manager to accept the award and sign all documents associated with the EMW-2018-FO-000546, Assistance to Firefighters Grant (AFG)for FY 2018, through the U.S. Department of Homeland Security. The award is in the amount$481,165.45 which requires a 10% match of$48,116.55 by The City of Boynton Beach (for a total project budget of$529,282) EXPLANATION OF REQUEST: Our inventory of 13 advance life support cardiac monitors are at the end of their manufacturers suggested service life. Accepting this grant award will cover the cost of refreshing our inventory of cardiac monitors and provide the newest and most advance monitoring technology to our emergency responders. These technologies will allow our responders to non-invasively monitor electrocardiograms, monitor vital signs, detect trace amounts of the very toxic carbon monoxide in the blood, and measure and chart expired carbon dioxide —which are all essential assessment tools and capabilities. These tools will keep Boynton Beach Fire Rescue on the leading edge of emergency medical services delivery in the region. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to provide the community the highest level of emergency medical service, our emergency responders need the best tools with the most advance technologies. Many of our current cardiac monitors have been in service for over 10 years and are at the end of their service life. The new monitors will improve the accuracy of the data we collect and analyze to make critical decision in the field. Recent improvement in these capabilities include the ability to continuously monitor 12 lead electrocardiograms, monitor vital signs, measure oxygen saturation in the blood, detect trace amounts of the very toxic carbon monoxide in the blood, the ability to detect and measure some common nitrogen based poisons, and the ability to measure and chart expired carbon dioxide. These capabilities allow Boynton Beach Fire Rescue to not only meet, but exceed the current standard of care. FISCAL IMPACT: Budgeted A condition required by the U.S. Department of Homeland Security for accepting the grant funding is the recipient must provide a 10% match of the total of funds requested ($48,116.55). The Fire Department budgeted $50,000 in FY19/20 to cover the fund matching requirement. ALTERNATIVES: The City Commission can reject the grant funding and fund the over$500,000 expense from general fund. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: To provide the highest level of emergency response and community services, through fiscally responsible leadership, in order to meet the needs of both the customers we serve and the members of the Boynton Beach Fire Rescue Team. Page 1196 of 1743 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 529,282.00 ATTACHMENTS: Type Description D Resolution Resolution accepting AFG Grant award D Addendum Award Package Page 1197 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO ACCEPT THE AWARD AND SIGN ALL 6 DOCUMENTS ASSOCIATED WITH EMW-2018-FO-000546 7 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) FOR FY 8 2018 FROM THE DEPARTMENT OF HOMELAND SECURITY 9 IN THE AMOUNT OF $481,166.00 PLUS A CITY MATCH OF 10 $48,116.00 FOR A TOTAL COST OF $529,282.00; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the purpose of this program is to support local fire departments by 15 helping with the acquisition of needed equipment, vehicles and services; and 16 WHEREAS, the Fire Department has applied for a grant to be used to replace the 17 department's advanced life support cardiac monitors/defibrillators; and 18 WHEREAS, the total cost is $529,282.00 and the grant is in the amount of 19 $481,166.00, with a required 10%match from the City the amount of$48,116.00 from the 20 Fire Department's grant match account; and 21 WHEREAS, the grant, will be used for replacement of our advanced life support 22 equipment. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission approves and authorizes the City Manager to 30 accept and sign all documents associated with the EMW-2018-FO-000546, Assistance to 31 Firefighters Grant (AFG) from the Department of Homeland Security for FY 2018 in the C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\73AB704F-4B9F-465A-8BBA-77797D721564\Boynton Beach.18737.1.Approve_Assistance To—Firefighter Grant (2019-20)_-_Reso.Docx Page 1198 of 1743 32 amount of$529,282.00 which includes the required 10% match of$48,116.55 by the City 33 of Boynton Beach, a copy of which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this day of November, 2019. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor—Justin Katz 43 44 Commissioner—Mack McCray 45 46 Commissioner—Christina L. Romelus 47 48 Commissioner—Ty Penserga 49 50 VOTE 51 ATTEST: 52 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\73AB704F-4B9F-465A-8BBA-77797D721564\Boynton Beach.18737.1.Approve_Assistance To—Firefighter Grant (2019-20)_-_Reso.Docx Page 1199 of 1743 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 JEFFREY DAVIDSON Boynton Beach, City of t�� JFEMA PO Box 310FgNn°sE BOYNTON BEACH, FL 33425 EMW-2018-FO-00546 Dear JEFFREY DAVIDSON, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year(FY) 2018 Assistance to Firefighters Grant (AFG) funding opportunity has been approved in the amount of$481,165.45 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.00 percent of the Federal funds awarded, or$48,116.55 for a total approved budget of$529,282.00 . Please see the FY 2018 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo- included in this document • Agreement Articles- included in this document • Obligating Document- included in this document • 2018 AFG Notice of Funding Opportunity(NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Bridget Bean Acting Assistant Administrator Grant Programs Directorate Page 1200 of 1743 Summary Award Memo Program: Fiscal Year 2018 Assistance to Firefighters Grant Recipient: Boynton Beach, City of DUNS number: 072247133 Award number: EMW-2018-FO-00546 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipients project or projects submitted as part of the recipients application and detailed in the project narrative as well as the request details section of the application - including budget information -was consistent with the Assistance to Firefighters Grant Programs purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY2018 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): Page 1201 of 1743 Object Class Total Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $529,282.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Federal $481,165.45 Non-Federal $48,116.55 Total $529,282.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2018 AFG NOFO. Approved request details: Equipment Page 1202 of 1743 Monitor/Defibrillator - 15 leads DESCRIPTION Boynton Beach Fire Rescue will purchase thirteen (13) Cardiac Monitor/Defibrillators for pre- hospital Advanced Cardiac Life Support to be placed on each of our ALS emergency units. Our current inventory of cardiac monitors has exceeded its lifespan and has caused excessive costly maintenance and out of service time. With 11,737 call to emergency medical services in 2017, the newest technology in modern Cardiac Monitor/Defibrillators will increase the survival rates in cardiac patients. QUANTITY UNIT PRICE TOTAL 13 $40,714.00 $529,282.00 BUDGET CLASS Equipment Page 1203 of 1743 Agreement Articles Program: Fiscal Year 2018 Assistance to Firefighters Grant Recipient: Boynton Beach, City of DUNS number: 072247133 Award number: EMW-2018-FO-00546 Table of contents Page 1204 of 1743 Article Assurances, Administrative Requirements, Cost Principles, Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information (PII) 7 Article Civil Rights Act of 1964— Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972(Equal Opportunity in Education Act)— Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations 24 Page 1205 of 1743 Article Non-supplanting Requirement 25 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 34 Article Universal Identifier and System of Award Management (SAM) 35 Article USA Patriot Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation 42 Page 1206 of 1743 Article 1 Assurances,Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget(OMB) Standard Form 424B Assurances- Non- Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations(C.F.R) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30)days of receipt of the Notice of Award or, for State Administering Agencies, thirty(30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2)years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. . Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Page 1207 of 1743 Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PI are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PI they collect. DHS defines personally identifiable information (PII)as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article 8 Civil Rights Act of 1964- Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Page 1208 of 1743 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4,which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(See 42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual)of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182)of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. 8101). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Page 1209 of 1743 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972 Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of The False Claims Act, 31 U.S.C. § 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, codified as amended at 15 U.S.C. § 2225. Page 1210 of 1743 Article 21 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.dhs.gov/guidancepublished-help-department-supported- organizations-provide-meani ngfulaccess-people-limited and additional resources on http://www.lep.gov. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality(CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 24 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article 25 Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 26 Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO) for this program are incorporated hereby reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Page 1211 of 1743 Article 27 Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973) (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Page 1212 of 1743 Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000, (TVPA) codified as amended by 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act),which amends 18 U.S.C. §§ 175-175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable)at 10 U.S.0§ 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Page 1213 of 1743 Article 40 Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. § 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%)of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations;and, any other applicable laws and Executive Orders. To access the FEMA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media- library/assets/documents/90195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass- through entity, if applicable, and DHS/FEMA. Page 1214 of 1743 Obligating document ____________________________________________ 1.Agreement No. 2. Amendment 3. Recipient 4. Type of 5. Control No. EMW-2018-FO- No. No. Action WX02674N2019T 00546 N/A 59-6000282 AWARD 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address Boynton Beach, City of Grant Programs Directorate FEMA, Financial Services 3301 QUANTUM BLVD 500 C Street, S.W. Branch STE 100 Washington DC, 20528-7000 500 C Street, S.W., Room BOYNTON BEACH, FL 1-866-927-5646 723 33426 lWashington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Project Officer No. Coordinator Phone No. GLENN JOSEPH 5617426339 Assistance to Firefighters 1-866-274- Grant Program 0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 09/11/2019 to 09/04/2019 OTHER - FEMA COST SHARING 09/10/2020 GO Budget Period 09/11/2019 to 09/10/2020 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Assistance Accounting Prior Amount Current Cumulative Name Listings Data(ACCS Total Awarded Total Non-Federal Abbreviation No. Code) Award+i Action Award Commitment 2019-F8- AFG 97.044 GB01 $0.00 $481,165.45$481,165.45$48,116.55 P431-xxxx- 4101-D Totals$0.00 $481,165.45$481,165.45$48,116.55 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16–FOR NON DIS—ASTER PRO–G–R–AMS! REGIPIENT IS– REQUIRED TO SIGN AND RETURN TI IREE (3) GOPIES OF THIS DOGUMENT TO FEMA (See Bleek 7 fer addres* This field is not applicable for digitally signed grant agreements Page 1215 of 1743 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Bridget Bean, Acting Assistant Administrator Grant Programs 09/04/2019 Directorate Page 1216 of 1743 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-138-Authorize the Piggy-Back of the Palm Beach County Term Contract 18055A for the purchase and installation of fiber optic cabling between Rolling Green Tower and Fire Station#5 by Precision Contract Services in the amount of $300,000 and authorize the City Manager to sign applications for permitting the installation and a piggy-back contract. The City is allowed to purchase from Palm Beach County Term Contract. EXPLANATION OF REQUEST: Contract Period: August 21, 2018—August 20, 2020 The I.T.S. Department has budgeted funds in the 2019/2020 capital budget to purchase and install fiber optic cabling between Rolling Green Tower and Fire Station#5. This fiber optic cable will connect to existing fiber running from the Rolling Green Tower to City Hall. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The technology being installed in the new City Hall, Cultural Center, and Fire Station #1 buildings require the capability to pass large amount of digital data at a time. The I.T.S. Department planned from the beginning of the Town Square project to leverage the existing fiber between the old City Hall and the Rolling Green tower and add fiber optic cabling between the Rolling Green Tower and Fire Station #5. This fiber will provide the necessary bandwidth to pass the required data between the Town Square City buildings and the Fire Station #5 datacenter/Police Department datacenter. Precision Contracting Services (PCS) has provided an estimate to install a fiber optic cable with 48 strands of singlemode fiber for the amount of $255,775.00. The final costs for the purchase and installation of the fiber optic cable will be determined by the actual filed measurements for quantities install on the project. Per the PCS contract with Palm Beach County the City is responsible for permitting the pathway between the locations. PCS will provide all necessary documentation. The City Manager will need authorization to sign any required permit application. The proposed fiber optic path can be viewed in attachment "Proposed Fiber Optic Path Drawing". FISCAL IMPACT: Budgeted Funding has been approved in account 303-4101-580.64-15 in the 2019/2020 CIP budget in the amount of $300,000. Project#IT2001 ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1217 of 1743 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang Piggy-back of PBC with Precision for fiber optic cabling D Agreement Piggy-back agreement with Precision for Fiber Optic Cabling D Contract Palm each County Term Contract 18055 D Contract Palm each County Term Contract Renewal 18055A D Quotes Precision Contracting Ser\Aces® B I D From D Drawings Proposed Fiber Optic Path Drawing Page 1218 of 1743 I RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE PIGGY-BACK OF THE PALM BEACH COUNTY 5 TERM CONTRACT 18055A AND ANY AMENDMENTS THERETO 6 FOR THE PURCHASE AND INSTALLATION OF FIBER OPTIC 7 CABLING BETWEEN ROLLING GREEN TOWER AND FIRE 8 STATION #5 BY PRECISION CONTRACT SERVICES IN THE 9 AMOUNT OF $300,000 AND AUTHORIZE THE CITY MANAGER 10 TO SIGN A PIGGY-BACK CONTRACT AND APPLICATIONS FOR 11 PERMITTING THE INSTALLATION; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS,the 1.T.S. Department has budgeted funds in the 2019/2020 fiscal budget 16 to purchase and install fiber optic cabling between Rolling Green Tower and Fire Station #5 17 which will connect to existing fiber running from the Rolling Green Tower to City Hall; and 18 WHEREAS, the technology being installed in the new City Hall, Cultural Center, and 19 Fire Station #1 buildings require the capability to pass large amount of digital data at a time; 20 and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon the 22 recommendation of staff, deems it in the best interest of the citizens and residents of the City 23 of Boynton Beach to approve and authorize the City Manager to sign applications for 24 permitting the installation and a piggy-back Agreement with Precision Contract Services for 25 the purchase and installation of fiber optic cabling between Rolling Green Tower and Fire 26 Station #5 in the amount of $300,000.00 at prices based on the Palm Beach County Term 27 Contract 18055A and any amendments thereto. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0304E632-D387-469D-8334-D123F1666EB5\Boynton Beach.18822.1.Piggy-back -_PBC with Precision_(fiber optic_cabling) -_Reso.docx Page 1219 of 1743 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 31 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves 33 and authorizes the City Manager to sign applications for permitting the installation and a piggy- 34 back Agreement with Precision Contract Services for the purchase and installation of fiber 35 optic cabling between Rolling Green Tower and Fire Station#5 in the amount of$300,000.00 36 at prices based on the Palm Beach County Term Contract 18055A and any amendments 37 thereto, a copy of which is attached hereto as Exhibit"A". 38 Section 3. That this Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of November, 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 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\0304E632-D387-469D-8334-D123F1666EB5\Boynton Beach.18822.1.Piggy-back -_PBC with Precision_(fiber optic_cabling) -_Reso.docx Page 1220 of 1743 FIBER OPTIC ENGINEERING, DESIGN, MATERIAL SUPPLIES AND INSTALLATION AGREEMENT This Agreement is made as of this day of , 2019 by and between PRECISION CONTRACTING SERVICES, INC., 15834 Guild Court, Jupiter, FL 33478 ("PRECISION" or "Contractor"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the technology being installed in the new City Hall, Cultural Center, and Fire Station #1 buildings require the capability to pass large amount of digital data at a time; and WHEREAS, adding this fiber optic cabling will provide the necessary bandwidth to pass the required data between the Town Square City buildings and the Fire Station#5 datacenter/Police Department datacenter; and WHEREAS, PRECISION, has agreed to allow the City to piggy-back the Palm Beach County Contract IFB #18-055/HS Fiber Optic Engineering, Design, Material, Supplies and Installation, Term Contract #18055 and and Renewal Term Contract #18055A for fiber optic cabling between Rolling Green Tower and Fire Station#5 through August 20, 2020 in the amount of$300,000.00 at prices based on Palm Beach County contract. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and PRECISION agree that PRECISION shall provide and install fiber optic cabling between Rolling Green Tower and Fire Station #5 through August 20, 2020 in the amount of$300,000.00 at prices based on Palm Beach County IFB #18-055/HS Fiber Optic Engineering, Design, Material, Supplies and Installation, Term Contract#18055 and and Renewal Term Contract#18055A, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to Palm Beach County, shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3F973BA7-OAA7-4DC8-A8E1-546B1220EBF5\Boynton Beach.18839.1.Piggyback (PBC) Fiber Optic_Cabling (Precision)_Agmt.Docx Page 1221 of 1743 B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active Agreement term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Page 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3F973BA7-OAA7-4DC8-A8E1-546B1220EBF5\Boynton Beach.18839.1.Piggyback (PBC) Fiber Optic_Cabling (Precision)_Agmt.Docx Page 1222 of 1743 1) Keep and maintain public records required by the CITY to perform the service; 2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and 4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. CITYCLERK@BBFL.US Section 3. In the event that the Palm Beach County Contract is amended, or terminated, PRECISION shall notify the City within ten (10) days. In the event the Palm Beach County Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. PRECISION agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Page 3 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3F973BA7-OAA7-4DC8-A8E1-546B1220EBF5\Boynton Beach.18839.1.Piggyback (PBC) Fiber Optic_Cabling (Precision)_Agmt.Docx Page 1223 of 1743 Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Palm Beach County Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney PRECISION CONTRACTING SERVICES, INC. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 4 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3F973BA7-OAA7-4DC8-A8E1-546B1220EBF5\Boynton Beach.18839.1.Piggyback (PBC) Fiber Optic_Cabling (Precision)_Agmt.Docx Page 1224 of 1743 EXHIBIT A CONTRACT BETWEEN PALM BEACH COUNTY AND PRECISION CONTRACTING SERVICES, INC Page 5 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\3F973BA7-OAA7-4DC8-A8E1-546B1220EBF5\Boynton Beach.18839.1.Piggyback (PBC) Fiber Optic_Cabling (Precision)_Agmt.Docx Page 1 225 Of 1 743 l I� Pw I JUL 1.3 20id Purchasing Department 50 South Military Trail, Suite I 10 Form L July 10, 2018 West Palm He ach. FI.33415-31, �9 (50 i}616-6800 FAX (°;61)616-6811 I Precision Contracting Services, Inc. Sara Boyd, Secretary 15834 Guild Court Jupiter, FL 33478 Is TERM CONTRACT#18055 Dear Vendor: Palm Beach County This is to inform you that Palm Beach County Board of County Commissioners Board of Count ("County") is entering into a Term Contract with your company for FIBER OPTIC Commissioners ENGINEERING, DESIGN, MATERIAL SUPPLIES AND INSTALLATION based on: [X) SOLICITATION #18-055/HS 1 , i<Be <srd,A%r \l.vor The term of this contract is 08/21/2018 through 08/20/2019,and has an estimated dollar a' �a'`--"� value of$1,500,000. Pauletm,Buirdic r If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire a n(IM z term of the contract, including any renewals or extensions thereof. Stew:. L-aeran)s County User Departments will issue individual"Delivery Orders"against this contract Miry L.ou Bene, as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and County Administrator Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the s2rno .s t am arc on ♦ in the County's V C 4 th a S- � E �f..Cu.., .i.o the invoice and , ,+e vcJ., 3y�aGii1 ��a� call .�e herd niaC Baker accessed at https://pbcvssp.co.palm-beach'flLus/webapp/vssp/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Holly Skeen, Buyer at hskeenapbcgov.org or(561) 616-6828. iSin rely, Kat leen M. Scarlett Directorr c: Candace Miller, Information Systems Services ar,F� a�oppor �rcy File .Srhrmativ '1 tio;?E iptcYar" f'S pr;nted orn recyc`cd paper Page 1226 of 1743 Board of County Commissioners 4��p,Cx C County Administrator O Melissa McKinlay, Mayor y Verdenia C. Baker Mack Bernard, Vice Mayor 0 Hal R. Valeche a � ' � �°� Paulette Burdick n. Dave Kerner l0RI�4' Steven L.Abrams Mary Lou Berger Purchasing Department www.r)bc_qov.or_q/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT FOR MANDATORY PRE-BID CONFERENCE, SEE TERM AND CONDITION#9 OF THIS SOLICITATION BID SUBMISSION DATE: MAY 17, 2018 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at haps://Pbcvssp.co.paim-beach.flus/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained directly from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 1227 of 1743 Page 36 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT SECTION A ANNUAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL OFFER QUANTITY LABOR 1 Engineering Florida PE Services—Hourly Rate 5 HR $ , $ / a, ®'V 2. BICSI RCDD—Hourly Rate 35 HR $ / < �fU $ ` 6o / o 3. CADD Operator—Hourly Rate 15 HR $ b• $ 4. Clerical Support Services—Hourly Rate 60 HR $ $ 5 Commercial Cable — Electronics Technician — 5 Hourly Rate HR $ $ �Sda 6. Commercial Cable Installer—Hourly Rate 350 HR $ 4SOIJ $ a 7. Commercial Duct Installer—Hourly Rate 700 HR $ 8S 4e $ 8. Tree Trimming—Hourly Rate 5 HR $ $ 9. OSP ROW Strand Mapping 25 MILE $ 7 s®O $ 10. OSP ROW Design and Permitting 20 MILE $ ,�0-,9 4,9 $ J'b ®a 'V 11. OSP GPS Survey 20 MILE $ f d'a®� $ 12. OSP GIS Technician 20 MILE $ TOTAL OFFER SECTION A(ITEMS#1 —#12) $ All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services, Inc. FIRM NAME: Page 1228 of 1743 Page 37 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT SECTION B ANNUAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL OFFER QUANTITY OSP CONSTRUCTION—UNDERGROUND 13. Conduit—2" placed at 24", machine trenched 25 LF (Furnished and Installed) $ $_ � v1� Conduit—2" placed at 36", machine trenched 14. (Furnished and Installed) 1000 LF, $ /r '76- $ e l� � 15. Conduit—2" placed at 24"' hand trenched 25 LF (Furnished and Installed) $ 16. Conduit—2" placed at 36", hand trenched 7,000 LF (Furnished and Installed) 17. Conduit—2", extra pipe(Furnished and Installed) 100 LF $ a � $ to 18 Placement—1 W, innerduct, corrugated, colored 100 LF (Furnished and Installed) $ �J $ '40 Placement—4W 1 W, HDPE colored 19' (Furnished and Installed) 100 LF $ � �� $ MaxCell placement—3 cell for 2"and larger conduits 20. (Furnished and Installed) 100 LF $ $ -O® 21 Placement—cable direct bury, plow, 30" placement 100 LF G (Furnished and Installed) J $ 22 Placement—2" HDPE, Directional Bore 5,000 LF � (Furnished and Installed) $ / /, $ z J Qo' oo Placement—2" HDPE, Directional Bore, Special 23. Conditions (Furnished and Installed) 50 LF $ , dD $ ��` D 24 Placement—8" HDPE, Directional Bore, under 50 LF waterway(Furnished and Installed) $ All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Precision Contracting Services, Inc- FIRM NAME: Page 1229 of 1743 Page 38 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL TOTAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE OFFER QUANTITY 25. Placement—2"RGS(Furnished and Installed) 25 LF $ �, Sa 26. Placement—4" RGS (Furnished and Installed) 25 LF $ ,9, 00 $ 'X� 40 27 Placement—2" Fiberglass, Bridge mount 25 LF (Furnished and Installed) $ 610 $ P 28 Placement—4"Fiberglass, Bridge mount 25 LF (Furnished and Installed) $ fj�,rio $ 2, ao 29 Detection—Detectable Tracer Wire 30,000 (Furnished and Installed) LF d� 30. Detection—Detectable Marking Tape 100 LF (Furnished and Installed) $ �� d 1� $ 31. Detection—Jet Line(Furnished and Installed) 7000 ;EACH ,.t 9�6 32 ROW Detection—ROW Delineator Marker Post, 10 orange, 6' (Furnished and Installed) $ $ dD 33. Cable Route Markers-Tubular, Type III HDPE 10 EACH All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services,Inc. FIRM NAME: Page 1230 of 1743 Page 39 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL TOTAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE OFFER QUANTITY FIBER OPTIC CABLES FO Cable—12 fiber, Single-mode, Loose-Tube 34. Construction, Aerial Placement 2,000 LF (Furnished and Installed) $ j $ �!}. 4� FO Cable—12 fiber, Single-mode, Loose-Tube 35. Construction, Underground Placement 5,000 LF l (Furnished and Installed) $ (d $ dog, -00 FO Cable—24 fiber, Single-mode, Loose-Tube 36. Construction, Aerial Placement 10,000 LF (Furnished and Installed) $ FO Cable—24 fiber, Single-mode, Loose-Tube 37. Construction, Underground Placement 20,000 LF /r (Furnished and Installed) $ / $ FO Cable—48 fiber, Single-mode, Loose-Tube 38. Construction,Aerial Placement 35,000 LF n d (Furnished and Installed) $ oC $ FO Cable-48 fiber, Single-mode, Loose-Tube 39. Construction, Underground Placement 20,000 LF (Furnished and Installed) $ 9, I Jr $ ue FO Cable—72 fiber, Single-mode, Loose-Tube 40. Construction,Aerial Placement 500 LF (Furnished and Installed) $ 'q. FO Cable—72 fiber, Single-mode, Loose-Tube 41. Construction, Underground Placement 500 LF $ $ �� ®� Furnished and Installed c y(1 FO Cable—96 fiber, Single-mode, Loose-Tube 42. Construction,Aerial Placement 1,500 LF / �+ (Furnished and Installed) $ 49, !d $ 17 FO Cable—96 fiber, Single-mode, Loose-Tube 43. Construction, Underground Placement 1,500 LF / 0 (Furnished and Installed) $ $ FO Cable— 144 fiber, Single-mode, Loose-Tube 44. Construction,Aerial Placement 500 LF (Furnished and Installed) $ $ All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services,Inc. FIRM NAME: Page 1231 of 1743 Page 40 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL TOTAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE OFFER QUANTITY FO Cable— 144 fiber, Single-mode, Loose-Tube 45. Construction, Underground Placement 500 LF i /t (Furnished and Installed) $ 9D FO Cable— 12 fiber, Multi-mode, Loose-Tube 46. Construction,Aerial Placement 100 LF (Furnished and Installed) $ CP, 1 $ a. 00 FO Cable— 12 fiber, Multi-mode, Loose-Tube 47. Construction, Underground Placement 100 LF (Furnished and Installed) $R (}s $ 9 65i 60 FO Cable—24 fiber, Multi-mode, Loose-Tube 48. Construction, Aerial Placement 500 LF (Furnished and Installed) $ $ G FO Cable—24 fiber, Multi-mode, Loose-Tube 49. Construction, Underground Placement 500 LF $ (Furnished and Installed) !� FO Cable—24 fiber, Single-mode, All Dielectric Self 50. Supporting Construction, Aerial Placement 50 LF (Furnished and Installed) �() FO Cable—48 fiber, Single-mode,All Dielectric Self 51. Supporting Construction,Aerial Placement 50 LF $ (Furnished and Installed) , T �p FO Cable—96 fiber, Single-mode,All Dielectric Self 52. Supporting Construction,Aerial Placement 50 LF (Furnished and Installed) $ $ FO Cable— 144 fiber, Single-mode, All Dielectric Self 53. Supporting Construction,Aerial Placement 50 LF (Furnished and Installed) $ Ji $ / All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services, Inc. FIRM NAME: Page 1232 of 1743 Page 41 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL ITEM ITEM DESCRIPTIONJRated TIMATED UNIT UNIT PRICE TOTAL UANTITY OFFER 54. FO Cable—24 fiber, Single-mode, Riser Construction (Furnished and Installed) 50 LF !7t��55. FO Cable—48 fiber, Single-mode, Riser o�Construction (Furnished and Installed) 50 LF $of, $ 56. FO Cable—96 fiber, Single-mode, Riser Rated Construction (Furnished and Installed) 50 LF 57 FO Cable— 12 fiber, Multi-mode, Riser Rated Construction (Furnished and Installed) 10 LF $_�� X02 ,gip 58 FO Cable—24 fiber, Multi-mode, Riser Rated Construction (Furnished and Installed) 10 LF 59 FO Cable— 12 fiber, Single-mode, Plenum Construction (Furnished and Installed) 50 LF $ R $ 1 7/60 60. FO Cable—24 fiber, Single-mode, Plenum Construction (Furnished and Installed) 50 LF $ r � $ 61. FO Cable—48 fiber, Single-mode, Plenum Construction (Furnished and Installed) 50 LF $ 'L 6`0s ads w 62 FO Cable—96 fiber, Single-mode, Plenum Construction (Furnished and Installed) 50 LF l 63. FO Cable— 12 fiber, Multi-mode, Plenum Rated Construction, Tight Buffer(Furnished and Installed) 50 LF 64. FO Cable—24 fiber, Multi-mode, Plenum Rated Construction, Tight Buffer(Furnished and Installed) 50 LF FO Cable—24 count Hybrid Fiber, 12 Multi-mode 65. Fiber, 12 Single-mode Fiber, Plenum Rated 50 LF $ Construction (Furnished and Installed) / FO Cable—48 count Hybrid Fiber, 24 Multi-mode 66. Fiber, 24 Single-mode Fiber, Plenum Rated 50 LF Construction (Furnished and Installed) $ $ �.�� All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing right to round up or down accordingly. exceeds two(2)decimal points,Purchasing reserves the Continued... FIRM NAME:— precision Contracting Services, Inc. Page 1233 of 1743 Page 42 BID RESPONSE IFB#18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL TOTAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE OFFER QUANTITY OPTICAL.SPLICING&TERMINATION FO Cable— 12 fiber, Single-mode or Multi-mode, 67. Termination, Wall/Rack Cabinet, trays, pigtails, 15 EACH /� splices, tests (Furnished and Installed) $ r�v/j, d FO Cable—24 fiber, Single-mode or Multi-mode, 68. Termination, Wall/Rack Cabinet, trays, pigtails, 10 EACH splices, tests(Furnished and Installed) $ ��6� ;� $�(�� ®D FO Cable—48 fiber, Single-mode or Multi-mode, 69. Termination, Wall/Rack Cabinet, trays, pigtails, 10 EACH splices, tests(Furnished and Installed) $ �7D� $ FO Cable—72 fiber, Single-mode or Multi-mode, 70. Termination, Wall/Rack Cabinet, trays, pigtails, 1 EACH ��f splices, tests(Furnished and Installed) $—l��cL $ FO Cable—96 fiber, Single-mode or Multi-mode, 71. Termination,Wall/Rack Cabinet, trays, pigtails, 3 EACH splices, tests(Furnished and Installed) $ $�2d b;.-!�'d7 FO Cable—144 fiber, Single-mode or Multi-mode, 72. Termination, Wall/Rack Cabinet, trays, pigtails, 1 EACH splices, tests(Furnished and Installed) $ a'r $ a 73 FO Cable—06 fiber, Single-mode, Buffer fan-out kit 1 EACH (Furnished and Installed) $ 77y eo $ �'bn 74 FO Cable—12 fiber, Single-mode, Buffer fan-out kit 1 EACH (Furnished and Installed) $ �60 $ �' 75 FO Connector—ST type, Multi-mode, Unicam 1 EACH connector(Furnished and Installed) $ 5-0, Ba $ 76 FO Connector—ST type, Single-mode, Unicam 1 EACH connector(Furnished and Installed) $ $ All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services, Inc. FIRM NAME: Page 1234 of 1743 Page 43 "REVISED 5/1/18** BID RESONSE IFB 18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY OFFER FO Closure—Splice Closure, 12 fiber,Aerial or UG 77. installation,trays,splices, tests (Furnished and Installed) 10 EACH $ �/® $ '75®. 00 FO Closure—Splice Closure,24 fiber,Aerial or UG / 78. installation, trays, splices, tests 10 EACH (Furnished and Installed) $ �'?!�� $ !'770- FO 77S FO Closure—Splice Closure,48 fiber,Aerial or UG 79. installation, trays, splices, tests 10 EACH (Furnished and Installed) $a476-' Qg $,:P- FO Closure—Splice Closure, 72 fiber,Aerial or UG 80. installation, trays, splices, tests1 EACH �2 (Furnished and Installed) $ ✓�.6 $ FO Closure—Splice Closure, 96 fiber,Aerial or UG 81. installation, trays, splices, tests 1 EACH (Furnished and Installed) $ 7�r� $ �l FO Closure—Splice Closure, 144 fiber,Aerial or UG 82. installation, trays, splices, tests 1 EACH (Furnished and installed) $ $ FO Splice—OTDR Test any wavelength, one 83. direction, bare fiber 700 EACH $ $has• FO Closure—Splice Tray, Fusion Heatshrink, 12 1 EACH fiber, 12"size(Furnished and Installed) $ I!�" $ 3 6� 85. FO Closure—Splice Tray, Fusion Heatshrink,24 fiber, 12"size(Furnished and Installed) 1 EACH $ �� $ ;FO Splice—Fusion Splice, Heat Shrink<0.04 db, 88. P, including pigtail as needed 100 EACH urnished and Installed) $� $87 P Aerial—Messenger Cable, (Furnished and Installed) 10,000 LF 88. OSP Aerial—Remove Messenger Cable, '/." 100 LF $ (� $ All unit pikes bid should be within two(2)decimal points,with the exception of LF. tf bidder's pricing exceeds two(2)decimal pots,purchasing reserves the right to round up or down accordingly. Continued... FIRM NAME.-?( ow- YX Page 1235 of 1743 Page 44 BID RESPONSE IFB #.j 8-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES'AND INSTALLATION, TERM CONTRACT ANNUAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL QUANTITY OFFER 89 OSP Aerial—Pole Attachment, Loose Tube, with J- 10 EACH Hook Concrete Pole(Furnished and Installed) $ l Q� 90 OSP Aerial—Pole Attachment, Loose Tube, with J- 10 EACH Hook Wood Pole (Furnished and Installed) 91 OSP Aerial—Place Pole Riser, 2", RGS 500 (Furnished and Installed) LF $ ®� $ ® I-A 92 OSP Aerial—Place Pre-Stressed Concrete , 35 ft., 1 EACH Utility(Furnished and Installed) d, eo $ 93. OSP Aerial—Place Pre-Stressed Concrete, 45 ft., 1 EACH Utility(Furnished and Installed) $ �r 94 OSP Aerial—Place Pre-Stressed Concrete, 70 ft., 1 EACH Utility(Furnished and Installed) 95 OSP Aerial—Place Down Guy Anchor, 6' 1 EACH (Furnished and Installed) $ �s:as $ All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services,Inc. FIRM NAME: Page 1236 of 1743 Page 45 BID RESPONSE IFB #18-055/HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUAL TOTAL ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE OFFER QUANTITY PULL BOXES 96 Pull Box — Concrete, 4' x 4' x 4', with Steel Lid 1 EACH /G (Furnished and Installed) �� 97 Pull Box— Composite construction, 24" x 36" x 24", 5 EACH with Composite Lid(Furnished and Installed) Pull Box— Composite construction, 24" x 36" x 24", 98. Traffic Rated, with Composite Traffic Rated Lid 10 EACH (Furnished and Installed) $ �tl $ 99 Pull Box— Composite construction, 17" x 30" x 12", 25 EACH with Composite Lid (Furnished and Installed) $ $ Pull Box— Composite construction, 17" x 30" x 12", 100. Traffic Rated, with Composite Traffic Rated Lid 10 EACH (Furnished and Installed) $-2 101. Pull Box Apron—for a 24"x 36" pull box 12"wide by 5 EACH 6"deep (Furnished and installed) $ ��Q, $ ('OUTSIDE PLANT CABINET'S 102. Communications Cabinet—35"x 24"x 22", with 1 EACH Concrete Base(Furnished and Installed) $ � o® 103. Communications Cabinet—51.25"x 20"x 18", with Concrete Base(Furnished and Installed) 4 EACH $ /�/��`0� $ I I c1tg All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidders pricing exceeds two(2)decimal points,Purchasing reserves the right to round up or down accordingly. Continued... Precision Contracting Services,Inc. FIRM NAME: Page 1237 of 1743 Page 46 "REVISED 5/1118** BID RESPONSE IFB#18-0551HS FIBER OPTIC ENGINEERING, DESIGN, MATERIAL, SUPPLIES AND INSTALLATION, TERM CONTRACT ANNUALANITPRICE ITEM ITEM DESCRIPTION ESTIMATED UNIT I: QUANTITY OUTSIDE PLANT CABINET'S 104 Communications Cabinet—37"x 20"x 17", with Concrete Base(Furnished and Installed) 1 EACH $105 Device Cabinet Type 332(66"x 24"x 30") 2 EACH(Furnished and Installed) $ FO Closure—Re-Entry Kit, Cable Preparation, 106. up to 144 fiber, Aerial or UG Installation 5 EACH !� Furnished and Installed $ 7 7 49 TOTAL OFFER SECTION B ITEMS#13-#106 $� a All unit prices bid should be within two(2)decimal points,with the exception of LF. If bidder's pricing exceeds two(2)decimal points,Purchas' reserves the right to round up or down accordingly. Acknowledge Pre-bid Conference was made, per Term#9? ITI Acknowledge Qualification of Bidders information is included, per Term#10? E ITIAL Acknowledge Criminal History Records Check requirement, per Term#11? �'ES NITIAL Acknowledge Insurance requirements, per Term#22? E INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception,change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition#7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: ",TIP h Lm 0a PRINT NAME:SIGNAT E: -Sova , y y PRINT TITLE: Set fz a ADDRESS: ! CITY/STATE: j ZIP CODE: , TELEPHONE# ( ' ) E-MAIL: �/�� , TOLL FREE # (gj ) q2L � FAX#: ) (' P97 °-- APPLICABLE LICENSE(S)NUMBER# TYPE:ff o" %iy Co (e C� FEDERAL ID# n ' a YYL � Page 1238 of 1743 ORVO Purchasing Department Form ooxv"mmuimiynau,uu/te //o June 1D, 2D19 West Palm Beach,FL 334/5n/99 (561)616-6800 FAX: -Umo�u// Precision ConbauUn8Gemioas, Inc. - - Cindy Boyd, President, RCDD www.pbcgovoomfpt/miao/^g 15B34Guild Court Jupiter, FL33478 TERM CONTRACT m� Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for FIBER OPTIC »°^mu of County ENGINEERING, DESIGN, MATERIAL SUPPLIES AND INSTALLATION based on: wm"m/~pio='s [Xj RENEWAL C)FCONTRACT based mnSOLICITATION in accordance Mack Bernard,cma' 'Mayor with all original terms, cnnd|dnne^ specifications and prices with no deviation. Dave Kerner,Vice mapu, The term ofthis contract|e through On8/202{�30,and has anestimated dollar eo/ R. va/ccxn value of$1,500,000. «'c88« u/«/ss If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire aoue«s. wri^m,u term ofthe contract, including any renewals orextensions thereof. Mary muBerger County User Departments will issue individual "Delivery Orders" against this contract oayour authorization todeliver. The original invoice must hosent tmthe address on w*/soomu«^/aY the Delivery Order ("DO") and must reference the [JC) number (e.8., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted oncarbon paper shall not beaccepted. |norder for the County to nnmkm payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the County Administrator oanna as it ep9emmm on the invoice and in the County's V88 system that can be accessed at . Failure to vc,ucn/ac aaxc, comply with the foregoing may result inadelay inprocessing payment, |fyou have any questions, please contact Holly Skeen, Buyer at or(561) 616-6828. Sin5erely, jK a� leen M. Scarlett Di ctor c: Candace Miller, Information Systems Services File a`svarovponn"u/ | Affi.m"/wox«ioom"vloyr ` | printedoasustainable�� and recycled paper Page 1239 Of 1743 15834 Guild Court PRECISION CONTRACTING RACTING E I "E INC. Jupiter, Florida 33478 Phone: 561.743.9737 Fax: 561.743.0775 Pfic ". VL fP�i vw :pcsfiber.com .,� u �a�� .� �,�......... To: City Of Boynton Beach Contact: Charles Stevens Address: 100 E. Boynton Beach Blvd. Phone: 561-742-6000 Boynton Beach,FL 33425-0310 USA Fax: 561-742-6090 Project Name: 19.06.26 City Of Boynton Beach-Budget For FO Link To FS#5 Bid Number: Project Location: Tower To Fire Station #5,Boynton Beach,FL Bid Date: 6/26/2019 Addendum#: 1 Attachments: Boynton Beach FO Link FS#5.jpg Item# Item Description Estimated Quantity Unit Unit Price Total Price City Of Boynton Beach-Proposed FO Link To FS#5 1 Engineering Florida PE Services 20.00 HR $250.00 $5,000.00 2 BICSI RCDD 40.00 HR $175.00 $7,000.00 3 CADD Operator 120.00 HR $90.00 $10,800.00 5 FO/Electronics Technician 40.00 HR $125.00 $5,000.00 6 Commercial Cable Installer 40.00 HR $95.00 $3,800.00 7 Commercial Duct Installer 40.00 HR $85.00 $3,400.00 9 OSP ROW Strand Mapping 1.50 MILE $1,750.00 $2,625.00 10 OSP ROW Design&Permitting 1.50 MILE $2,500.00 $3,750.00 11 OSP GPS Survey 1.50 MILE $1,500.00 $2,250.00 12 OSP GIS Technician 1.50 MILE $1,250.00 $1,875.00 22 2"HDPE Directional Bore(F&I) 7,000.00 LF $17.50 $122,500.00 27 2"Fiberglass,Bridge Mount(F&I) 800.00 LF $40.00 $32,000.00 29 Detectable Tracer Wire(F&I) 7,800.00 LF $0.65 $5,070.00 31 Jet Line(F&I) 7,800.00 LF $0.40 $3,120.00 32 RROW Delineator Marker Post,6' (F&I) 22.00 EACH $95.00 $2,090.00 39 FO Cable-48F SM LT UG(F&I) 10,000.00 LF $2.15 $21,500.00 67 12F Termination,Wall/Rack Cabinet(F&I)(At FS#5) 2.00 EACH $1,295.00 $2,590.00 79 FO Closure-48Fiber(F&I)(If Needed) 1.00 EACH $2,575.00 $2,575.00 83 OTDR Test 24.00 EACH $7.50 $180.00 98 Pull Box 24x36x24 Traffic Rated (F&I) 10.00 EACH $995.00 $9,950.00 100 Pull Box 17x30x12,Traffic Rated (F&I) 12.00 EACH $725.00 $8,700.00 Total Price for above City Of Boynton Beach-Proposed FO Link To FS#5 Items: $255,775.00 Notes: • LOCATION: Palm Beach County,FL City of Boynton Beach-Budgetary Estimate For Fiber Link Between Fire Station #5 and Tower Building SCOPE OF WORK *PCS to provide Fiber Pathway Design Services-provide drawings to be utilized by client for permitting pathway for proposed FO install. *PCS to F&I 2" UG pathway including; pipe,boxes, markers,wire,jetline from Fire Station #5 to Tower Bdg-see map attached for proposed pathway. *PCS to F&I 48F SM FO cabling from FS#5 to Tower Bldg and terminate/test 12F at each end point. *PCS to provide as-built documentation of fiber install to client with deliverables. THIS IS A BUDGETARY ESTIMATE ONLY AND BASED ON APPROVALS&PERMITTING FROM ALL AFFECTED ENTITIES FOR PATHWAY DESIGNATED IN ATTACHED DRAWING-ALL PERMITTING FEES TO BE PAID BY CLIENT • General-Unit Prices All prices quoted are UNIT PRICES. Project invoices and payments shall be determined by actual field measurements for quantities installed on project. Pricing based on FO Master Contract with Palm Beach County. 7/17/2019 1:59:37 PM Page 1 of 2 Page 1240 of 1743 • General-MOT(Excludes Lane Closures) PCS INCLUDES MOT for the immediate work area of their crews as required by the MUTCD. However any MOT requiring lane closures,detours, traffic diversions or police officers necessary for the safe performance of work by PCS is to be provided by others. PCS EXCLUDES the cost for lane closures,detours,traffic diversions and/or police officers from scope of work in PCS proposal. • General—Fiber Pathways PCS is not responsible for damage by others to FO Cable or other equipment after placement by PCS. • General-30 Day Notice—Work Days PCS requires 30 days written notice from Fully Executed Contract Date for project scheduling and material procurement. PCS will require 60 work days to perform the proposed work-AFTER ALL PERMITTING APPROVED&IN PLACE. • General—As-Built and ITSFM Documentation per FDOT Specifications PCS INCLUDES Fiber Optic Splicing Diagrams detailing all cable splices,terminations,equipment port assignments,and optical circuits within the communication network. We WILL document Communications including low voltage communication circuits within or between ITS or TS cabinets. As-Built submittals will include an electronic file with an inventory of all traffic control signals,devices&support structures. The inventory includes required horizontal position geographic coordinate data collected using Differential Global Positioning System(DGPS)equipment. The inventory includes required manufacturer, model,and serial number for each device or completed assembly. The inventory includes required GPS coordinate data for pull boxes as well as conduit&cable at 100 foot intervals including change in direction. PCS will fill out ITSFM forms and submit as required by project specifications. • General-Complete Proposal Proposed pricing is based on award of all items bid upon. PCS reserves the right to modify unit prices if all quoted items are not awarded. Prices are only valid for 90 days of the bid date. PCS reserves the right to modify or withdraw their offer if either a letter of intent or a contract is not received within 90 days of the bid date. • General-Proposal as Addendum to Contract This proposal in its entirety and including all notes of clarification shall be added as an addendum to any resulting contract for the referenced project. If any of the PCS notes of clarification conflict with the contract provisions,the PCS notes shall supersede the contract provisions and govern accordingly. • All Contracts,Purchase Orders,Change Orders,and/or similar paperwork should be sent directly to contracts@gcsfiber.com.For other inquiries,call 561-743-9737. Payment Terms: Payment terms: NET 30 Days and 18%APR for balances exceeding 30 Days. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and Precision Contracting Services, Inc are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Robert Sanford 561-743-9737,ext. 7101 rsanford@pcsfiber.com 7/17/2019 1:59:37 PM Page 2 of 2 Page 1241 of 1743 Z-111TIVI 'Oh i t rTI NEAO i Qi ti etra�; its d° AT N sn s E P"'IP t Js ^t" q a{�,i� INA "' �q1 'w ilk tvAt t lb- 7• # i u' �«T t((W" t i miit♦ : ' w 1s4bVsy N �} n a E �� rty r T-11 N1st�L� n fira } ee `O tx t 3. v ,d t h''i l d ty � �d�� --'NVc� r dm�Lm ' ate r i " v iitk c f G' t 77,f z I�{t !w,. ,� ✓`"fiw"'ti" y^e.� "`°'t ,yam © �r � ��x liti; t tsY�itSfl a t+t1>Q =duet t il �YFt(rrt£ � �G .# 3� z '[ • t lk NO:tt r n + x a r � a S • p>��, I r.� �,�, 5; %Wirt 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-139-Approve award of BID NO. 001-2511-20/EM for New Fencing, Repairs, and Gate Operators on a primary, secondary &third basis to the lowest, most responsive, responsible bidders who met all specifications to Martin Fence Co., Tropic Fence Inc., and Alpha Fence, respectively, with an estimated annual amount of$250,000 to be used on an "as needed basis". The initial term of the contract awarded shall be for two (2) years with three (3) additional one (1) year renewable periods. EXPLANATION OF REQUEST: On October 28, 2019, Procurement Services opened and tabulated three (3) bids for New Fencing, Repairs, and Gate Operators. All bids were reviewed and it was determined to recommend this award by a primary and secondary, and third basis. Martin Fence Co. as the Primary,Tropic Fence Inc. as the Secondary, and Alpha Fence as the third. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The contractor shall furnish and install all labor, materials and services as required per the plans and or specifications per project. The initial term of the contract awarded shall be for two (2) years with three (3) additional one (1) year renewable periods, subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this Invitation to Bid is to seek a maximum of three qualified contractors to provide New Fencing, Repairs, and Gate Operators on an "as needed basis" to the City. FISCAL IMPACT: Budgeted Funds are budgeted and available. Accounts The account numbers will vary based on CI P projects and departmental needs and emergencies. Estimated Annual Expenditure $250,000 ALTERNATIVES: Reject all bids and re-bid this project or do not proceed with the new fencing, repairs, and gate operators. Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1243 of 1743 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution awarding Bid and authorizing the City D Resolution Manager to sign agreements with three companies D Agreement DRAFTN W FENCING, REPAIRS & GATE OERATORS AGR EEMENT#001-2511-20-EM D Addendum Tabulation Sheet- Pricing - Fencing D Tab Sheets Tabulation Sheet- Responsiveness- Fencing D Addendum Martin Fence Bid No. 001-2511-20EM D Addendum Alpha Fencing - NEW FENCING, REPAIRS, AND GATE OPERATORS D Addendum TROPIC FENCE INC CITY OF BOYNTON BEACH NEW FENCING BID Page 1244 of 1743 1 RESOLUTION NO. R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AWARDING BID NO. 001-2511-20/EM FOR NEW 5 FENCING, REPAIRS, AND GATE OPERATORS ON A PRIMARY, 6 SECONDARY & THIRD BASIS TO THE LOWEST, MOST 7 RESPONSIVE, RESPONSIBLE BIDDERS WHO MET ALL 8 SPECIFICATIONS TO MARTIN FENCE CO., TROPIC FENCE 9 INC., AND ALPHA FENCE, RESPECTIVELY, WITH AN 10 ESTIMATED ANNUAL AMOUNT OF $250,000 TO BE USED ON 11 AN "AS NEEDED BASIS"; AUTHORIZING THE CITY MANAGER 12 TO SIGN INDIVIDUAL AGREEMENTS; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, October 28, 2019, Procurement Services opened and tabulated three 16 (3)bids in response to Bid No. 001-2511-20/EM for New Fencing, Repairs, and Gate 17 Operators; and 18 WHEREAS, all bids were reviewed and it was determined to recommend this 19 award by a primary and secondary, and third basis with Martin Fence Co. as the Primary, 20 Tropic Fence Inc., as the Secondary, and Alpha Fence as the third; and 21 WHEREAS, work requests may range from large projects with new installations 22 and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and 23 tear, demolition) to which the contractor shall furnish and install all labor, materials and 24 services as required per the plans and or specifications per project; and 25 WHEREAS, the initial term of the contract awarded shall be for two (2) years 26 with three (3) additional one (1) year renewable periods, subject to vendor acceptance, 27 satisfactory performance and determination that the renewal is in the best interest of the 28 City. 29 WHEREAS, the City Commission of the City of Boynton Beach upon 30 recommendation of staff, deems it to be in the best interest of the citizens and residents to 31 approve the bid award and authorize the City Manager to sign individual Agreements with 32 Martin Fence Co. as the Primary, Tropic Fence Inc., as the Secondary, and Alpha Fence C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AEDDF72F-2A65-4F6A-BCBC-7B22C7D7EF78\Boynton Beach.18868.1.Award_of BID_-_fencing_-_Reso.docx Page 1245 of 1743 1 as the third as a result of Bid No. 001-2511-20/EM for New Fencing, Repairs, and Gate 2 Operators with an estimated annual amount of $250,000 to be used on an "as needed 3 basis". 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 7 as being true and correct and are hereby made a specific part of this Resolution upon 8 adoption. 9 Section 2. The City Commission of the City of Boynton Beach, Florida, 10 hereby approves the Bid award and authorizes the City Manager to sign individual 11 Agreements with Martin Fence Co. as the Primary, Tropic Fence Inc., as the Secondary, 12 and Alpha Fence as the third as a result of Bid No. 001-2511-20/EM for New Fencing, 13 Repairs, and Gate Operators with an estimated annual amount of$250,000 to be used on 14 an "as needed basis", copies of each Agreement is attached hereto and incorporated herein 15 as Composite Exhibit"A". 16 Section 3. That this Resolution shall become effective immediately. 17 PASSED AND ADOPTED this day of , 2019. 18 CITY OF BOYNTON BEACH, FLORIDA 19 YES NO 20 21 Mayor— Steven B. Grant 22 23 Vice Mayor—Justin Katz 24 25 Commissioner—Mack McCray 26 27 Commissioner—Christina L. Romelus 28 29 Commissioner—Ty Penserga 30 31 VOTE 32 ATTEST: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AEDDF72F-2A65-4F6A-BCBC-7B22C7D7EF78\Boynton Beach.18868.1.Award_of BID_-_fencing_-_Reso.docx Page 1246 of 1743 1 2 3 Crystal Gibson, MMC 4 City Clerk 5 6 7 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\AEDDF72F-2A65-4F6A-BCBC-7B22C7D7EF78\Boynton Beach.18868.1.Award_of BID_-_fencing_-_Reso.docx Page 1247 of 1743 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide New Fencing, Repairs, and Gate Operators on an "as needed basis". 2. SCOPE OF SERVICES. Vendor 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 Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective TBD. 4. TERM. This agreement shall be for two (2) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach may extend the agreement at the same terms, and conditions, for three (3) one-year renewals subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The contractor shall furnish and install all labor, materials and services as required per the plans and or specifications per project. b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. c. The Vendor 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 Vendor in the amount approved. d. Final payment of any balance due the Vendor 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 Vendor'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. Page 1248 of 1743 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor 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 Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor 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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, 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 Vendor 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. Page 1249 of 1743 12. DISCRIMINATION PROHIBITED. The Vendor, 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 Vendor 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 Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor 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 Vendor 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 Vendor 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. Page 1250 of 1743 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: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Page 1251 of 1743 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) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 1252 of 1743 I FT.HEIGHT GALVANIZED r Et�a� u6§tnl`ai hemu k cn¢mo& m�Yn2r✓:Seg" m.Yn...... � zt�f4�dkdSwt� 6 FT.HEIGHT GALVANIZED m rEt�a� oHr+�oh, 'ttt,�'aa nex4�k', 'ttt,�'aa n�xt,� eki�xo�6wx't,�s 8 FT.HEIGHT GALVANIZED m 10 FT.HEIGHT GALVANIZED mei r Et�a� oHr+�oh, 'ttt,�'aa nex4�k', 'ttt,�'aa n�xt,� eki�xo�6wx't,�s Page 1253 of 1743 10 FT.HEIGHT GALVANIZED(Tennis Court ONLY,9ga 1314"di...nd mesh hEMil z a b k§GNbnoW a 'red4efi!ANef`i frdoeG!AWef `.rad`kr`1�tiiW`F, Page 1254 of 1743 12 FT.HEIGHT GALVANIZED hEMu' �§GNbnoN �'red4efi!ANef`i �frdoeG!AWef `.ra�dk�j�tt12F, 4 FT.HEIGHT VINYL COATEDmb1 r Et�a� oHr+�oh, 'ttt,�'aa nex4�k', 'ttt,�'aa n�xt,� eki�xo�6wx't,�s 5 FT.HEIGHT VINYL COATEDmb1 hEMu' k�ca¢mo& ��ex'o2!✓:Se�i p��ex'o2!✓aNe� `.�'i��dk¢Stia`F 6 FT.HEIGHT VINYL COATEDmb1 r Et�a� oHr+�oh, 'ttt,�'aa nex4�k', 'ttt,�'aa n�xt,� eki�xo�6wx't,�s oo0o'I 8 FT.HEIGHT VIN1YL COATEDmb1 hEMu' �§GNbnoN �'red4efi!ANef`i �frdoeG!AWef `.ra�dk�j�tt12F, Page 1255 of 1743 10 FT.HEIGHT VINYL COATED aEMil Cxfia1hl10N 'redoeG!ANefi frdoeG!AWef `.radk�j�tt12F, 10 FT.HEIGHT VINVLtlCOATED eJ—is Court ONLY,1314"di.—d mesh) rrat4a� o@xadpruk= tu�'xa naxick', 'tx�'xu nax1� ekaxoanwx'i,� 12 FT.HEIGHT VINYLCOATED r Etaa� oHr+�o, 't�,�'aa n§xyak". 't�,�'aa npxv ekiakok6wx't,�s 5 FT.HEIGHT PASTURE n r Etaa� oHr+�oh, 'ttt,�'aa nex4ak', 'ttt,�'aa n�xt,� ekiakok6wx't,�s INN DEMOLITION AND DISPOSAL r Etaa� oHr+�oh, 'ttt,�'aa nex4ak', 'ttt,�'aa n�xt,� ekiakok6wx't,�s ft Foo oLF SOLMOOLF 11 IT. Page 1256 of 1743 ADDITIONAL ITEMS a moa a ',x gnlaf717, � N a : LABOR RATES FOR ANYTHING ADDITIONAL NOT INCLUDED IN BIDNCING Y ONLY) - FESa4,9i10E t MECHANICAL FENCER rEt�a� oHr+�oh, 'ttt,�'aa nex4�k', 'ttt,�'aa n�xt,� eki�xo�6wx't,�s 5 FT.HEIGHT MECHANICAL ALUMINUM 5 FT.HEIGHT MECHANICAL GALVANIZED 6 FT.HEIGHT MECHANICAL ALUMINUM 6 FT.HEIGHT MECHANICAL GALVANIZED Page 1257 of 1743 NEW FENCING,REPAIRS,AND GATE OPERATORS(ATTACHM ENT BIO No.001-2511-20/EM re::.xeernea nus van,a�,iNim p xea�ganms sc'r(Av xnFcxccm cm:i6mre:ecA�:mm:nare cm:x aopamxo:C9nsoum nn 0 F.M Height Galvanized Fence,Complete. GATES-SINGLE SWING 1 4 F[VN d,Gat,0, 2 5F[VNGateO enin 3 0H 22 Gat,O enin 4 0F[VNtl2 Gat,0 enin 5 10 F[Wt,itle Gaup;nin 8 12 F[Witle Gat,0 enin GATES,SINGLE ROLL 18F[Witle Gat,O enin 8 20 F[Witle Gat,'p_ enin 8 124 Ft Wide Gat,Oeni 10 30 Ft Witle Gat,O eninn GATES,CANTILEVER 11 18 F[Witle Gat,O enin 12 20N Witle Gat,O enin 13 24 F[Witle Gat,O enin 14 30 F[Witle Gat,O enin 5 FT.HEIGHT GALVANIZED Di�t,3dihb�Ai3�ca"', SFe Height Fence, Compl Me. GATES-SINGLE SWING 15 4F[VNtle GateO enin 18 5F[VNd2 Gat,2,2nin 1] 0F[VNtle Gat,O enin 18 0F[VNtle Gab,O enin 18 10 Ft Wide Gat,O enin 20 12 Ft Wide Gat,O enin GATES,SINGLE ROLL 21 116 Ft Wide Gat,O enin 22 20p Witle Gat,O enin 23 24 F[Witle Gat,O enin 24 30 Ft Wide Gat,O enin GATES,CANTILEVER 25 10 Ft Witle Gat,O enin 20 20 Ft Witle Gat,O enin 2] 24 F[Witle Gat,O enin 20 130 F[Witle Gat,O enin Page 1258 of 1743 6 FT.HEIGHT GALVANIZED C Height F.—, Com pl Me. GATES-SINGLE SWING 29q 30 GateO enin 30 1'1', e Gate O enin 31 IUF[VN Ga U enin 32 OFt tle Ga O enin 33 10 Ft Wide GateO enin 44 12 F[Witle Gate 0 enin GATES,SINGLE ROLL 32 10 F[Witle Gate O enin 33 20 F[Witle Gate O enin 34 24F[Witle Gate O enin 35 30 Ft Wide GateO enin GATES,CANTILEVER 33 10 F[Witle Gate O enin 34 20 F[Witle Gate O enin 35 24 Ft Witle GateO enin 30 130 Ft Wide GateO enin 8 FT.HEIGHT GALVANIZED 5xrs C Height F.—, Com pl Me. GATES-SINGLE SWING 20 4F[VNtle GateO enin 30 5F[VNtle GateO enin 31 O Fj 722 Gate O enin 32 OF[VNtle GateO enin 33 10 Ft Witle GateO enin 44 12 Ft Witle Gate0 enin GATES,SINGLE ROLL 32 10 F[Witle Gate O enin 33 20 F[Witle Gate O enin 34 24 Ft Witle GateO enin 35 30 Ft Witle GateO enin GATES,CANTILEVER me 33 10F[Witle Gate O enin 34 20 F[Witle Gate O enin 35 24 F[Witle Gate O in 30 30 F[Witle Gate O enenin 10 FT. HEIGHT GALVANIZED 10 F Height Fenoe, Compl Me. GATES-SINGLE SWING 37 _2L[VNtle 2G 20enin 33 5F[Wtle GateO enin 30 OLt tle Ga 0 F enin 40 OF[VNtle GateO enin 41 10 Ft Wide GateO enin 44 12 F[Witle Gate 0 enin GATES,SINGLE ROLL 40 10 F[Witle Gate O enin 41 20 F[Witle Gate O enin 42 24 F[Witle Gate O enin 43 30 Ft Wide GateO enin GATES,CANTILEVER 41 ll0 F[Witle Gate O enin 42 20R Witle GateO enin 43 124 Ft Wide GateO enin 44 30 F[Witle Gate O enin Page 1259 of 1743 10 FT. HEIGHT GALVANIZED(Tennis Court ONLY,9ga 1-3/4"diamond mesh) GaNanind wire shall be 9-gauge O.D.hot dipped gal-na.d. 10 F Height Fence, Com pl Me. GATES-SINGLE SWING 44a 4 F[VN tle Gate O enin 44b 5 F[VN tle Gate O enin 44, 8 F[VN tle Gate up enin 44tl 8 F[VN tle Gate O enin 44e 10 F[Wide Gate O enin 44f 12 F[Witle Gate O enin GATES,SINGLE ROLL 44 18 F[Witle Gate O enin 44h 20 F[Witle Gate O enin 44i 24 Ft Witle Gate O enin 441 30 F[Witle Gate O enin GATES,CANTILEVER 44k 18 F[Witle Gate O enin 441 20 F[Witle Gate O enin 44m 24 F[Witle Gate O enin 44n 30 F[Witle Gate O enin Page 1260 of 1743 12 FT. HEIGHT GALVANIZED 12 F Height Fenoe, Com pl Me. GATES-SINGLE SWING 45 4 F[VN tle Gate O enin 4L 5H tle G2e0 enin 4 OR tle G2e0 enin 43 3 F[VN tle Gate O enin 48 10 F[Witle Gatz O enin 50 12 Ft Wide Ga O enin GATES,SINGLE ROLL 51 18 52 20 R F[WWitlitle Ma 2 e Gatz OOenenin n 53 24 Ft Witle Ga O eniin 54 30 Ft Wide Ga O enin GATES,CANTILEVER 55 10 50 20 FF[WWtlG2O nninn 5] 24 Ft Witle Ga O enin 53 30 Ft Wide Ga O enin 4 FT. HEIGHT VINYL COATED 4Fe Height F.—, Com pl Me. GATES-SINGLE SWING 50 4 F[VN tle Gate O enin 00 5 Ftt VNtle Gate 0 enin qq 010 F[VN 6122G2 O enin 02 3 F[VN tle Gate O enin 03 10 Ft Witle Gatz O enin 04 12 Ft Witle Gatz O enin GATES,SINGLE ROLL 05 10 F[Witle Gatz O enin 00 20 F[Witle Gatz O enin 0] 24 F[Witle gag O enin 03 30 F[Witle Gatz O enin GATES,CANTILEVER 00 10 F[Witle Ga O enin 70 20 F[Witle Gatz O enin 1 124 F[Witle Gatz O enin ]2 30 F[Witle Gatz O enin Page 1261 of 1743 5 FT. HEIGHT VINYL COATED C Height F.—, Com pl Me. GATES-SINGLE SWING ]34FL VNtle GateO enin 74 5FL VNtle Ga'l enin 75 JUFL VN Ga U enin 70 OFL VN tle Ga O enin ]] 10 F[Witle Ga O enin 70 12 F[Witle G-0 enin GATES,SINGLE ROLL 70 10 F[Witle Ga O enin 30 20 F[Witle Ga O enin 31 24F[Wide Ga O enin 32 30 F[Wide Ga O enin GATES,CANTILEVER 33 10 F[Witle Gatz O enin 34 20 F[Witle Gatz O enin 35 3 F[Witle Ga O enin 30 300 F[Wide Gatz O enin 6 FT. HEIGHT VINYL COATED x�» 611 6Fe Heigh Fence, Compl Me. GATES-SINGLE SWING 07 4FL VNtle Gat o enienin 33 5FL VNtle 11n 30 OFL-2 GateO enin 00 OFLVNtle GateO enin 01 10 FL Witle GN O enin 02 12 FL Witle Ga 0 enin GATES,SINGLE ROLL 03 10FL Witle Gatz O enin 04 20 FL Witle Gatz O enin 05 24 FL Witle Gatz O enin 00 30 FL Witle Gatz O enin GATES,CANTILEVER 07 10 FL Witle Ga O enin 03 20 FL Witle 1—O enin 00 24 FL Witle Gatz O enin 100 30 FL Witle Gatz O enin Page 1262 of 1743 8 FT. HEIGHT VINYL COATED gFe Heigh Fence, C=Me. GATES-SINGLE SWING 1014F[VNtle GateO enin 102 51[VNtle GateO enin 103 OF[VN L3 t U enin 104 OFt tle Ga O enin 105 10 Ft Wide GateO enin 100 12 Ft Wide Gate0 enin GATES,SINGLE ROLL 107 10 F[Witle Gate O enin 103 20p Witle GateO enin 100 24 30 F[Ft Witle GateO enin 110 Wide Gate O enin GATES,CANTILEVER 111 10 F[Witle Gate O enin 112 20 F[Witle Gate O enin 11312,1 Ft Witle GateO enin 114 130 Ft Wide GateO enin 10 FT. HEIGHT VINYL COATED ars�erd� 1`, �erd� l,i ExrsYer '`. 10 F Height Fence, Compl Me. GATES-SINGLE SWING 115 4F[VNtle GateO enin 110 5F[VNtle Gateo enin qq 11] O j F 722 Gate O enin 113 OFVNtle GateO enin 110 10 it Witle Gate O enin 120 12 it Witle Gate 0 enin GATES,SINGLE ROLL 121 102 Witle GateO enin 122 20 F[Witle Gate O enin 123 124 F[Witle Gate O enin 124 30 it Witle Gate O enin GATES,CANTILEVER 125 10F[Witle Gate O enin 120 20 F[Witle Gate O enin 12] 24 it Witle Gate O enin 123 30 F[Witle Gate O enin 10 FT. HEIGHT VINYL COATED(Tennis Court ONLY,1-3/4"diamond mesh) Vinyl cpat.d wire shall be 9-au eO.D. alvanizetl core with vin Icoatin that makes wire equivalent to 6-gauge O.D. jt�rw+e1< 'rv;,, '� hb�Ai3�ca.',;; 11C0..F Height Fence, IMe. GATES-SINGLE SWING 1— 4VNtle GateO enin 1236 5F[F[VNtle Mat enin 128c IOLt VN L3 t U enin 128tl OFt tle Ga O enin 120e 10 Ft Wide GateO enin 1231 12 Ft Wide Gate0 enin GATES,SINGLE ROLL 123 10 F[Witle Gate O enin 128h 20 F[Witle Gate op-1 n 127 24 F[Witle Gate O enin 128 30 Ft Wide GateO enin GATES,CANTILEVER 128k 10 F[Witle Gate O enin 1231 20 F[Witle Gate O enin 4 Ft Witle Gate0 enin Mn128n 30 F[Witle Gate O enin Page 1263 of 1743 12 FT. HEIGHT VINYL COATED j'Y,aMe1< Essriia`n'rv�", ;"� tBt��ATcE=''t,3dihb�Ai3�ca.',< �`t,3�ihfiidi3icE 12 F Height Fence, Compl Me. GATES-SINGLE SWING 128 4 F[VNtle Gate O enin 130 5 F[VNtle Gate O enin 131 0F[VN2 GateO enin 132 3 F[VNtle Gate O enin 133 10 Ft Witle Gate O enin 134 12 F[Wide Gate O enin GATES,SINGLE ROLL 135 10 F[Witle Gate O enin 130 a p Witle Gate 2u=2 13] 34 30 F[Ft Witle Gate O enin 133 Wide Gate O enin GATES,CANTILEVER 130 10 F[Witle Gate O enin 140 n p Witle Gate O enin 141 34 Ft Witle Gate O enin 142130 F[Wide Gate O enin 5 FT. HEIGHT PASTURE 5Fe H ight P-...Fence, Com pl Me. GATES,SINGLE SWING 143 14 Ft VNtle came G- 144 0 R VNtle came Gate 145 3 R VNtle came Gate 14e 11'F Wore came Gate LABOR RATES FOR ANYTHING ADDITIONAL NOT INCLUDED IN BID)(GATES ONLY) iT,$M 91< Ess riia`n'ry", ;"gats t��Ai3�cE=''t,3dihb�Ai3�ca"' �`t,3�ihfii di3icE`w 14] Fence Mec M1anic 143 LaborerlHel er 1141, 1--1-,p Page 1264 of 1743 MECHANICAL FENCE 5 FT.HEIGHT MECHANICAL(ALUMINUM) 148 5'HIgM1 Aluminum M ecM1ani�l Fenon Sin Ie Gatz 150 5'HIgM1 Aluminum M ecM1ani�l Feed, oo�me pare 5 FT.HEIGHT MECHANICAL(GALVANIZED) 5'High Galvanlzetl MecM1anlcel 151 Fenong(Single GatzJ 5'HIgM1 Galvanlzetl MecM1anlal 152 Fe�d�4(oo�me dare? 6 FT.HEIGHT MECHANICAL ALUMINUM 153 81h Aluminum MecM1anill Fenon Sin Ie Gatz 154 F l'Aluminum MecM1ani.l Fe�d� oo�me dare 5(6)FT.HEIGHT MECHANICAL(GALVANIZED) 8'HIgM1 Galvanlzetl MecM1anlal 155 Fenong(Single GatzJ 8'HIgM1 Galvanlzetl MecM1anlal 15e Fe�d�4(oo�me dare? GATE OPERATOR NEW INSTALLATION 15 Ga[op [o,(Material+ Mark-u 158 ILaborerlHel er GATE OPERATOR REPAIR aM61<` �� iwnv �a e �At�ca='�tedhbph ate k�See�[, 15 Ga[Gp ,Repair (Ma Mark-up) 75 IL.borerlHel er Page 1265 of 1743 q � � 0 S S N ¢ 2 n � _ \ E f f f f ; f f f f f f E |§ = f £ 2K ) 2m /k o \ \ o j E E E E E : f f : f f f E \ } $ $ $ $ $ { $ $ { $ $ $ $ \ \\ /E { F E E E E f f ( f f f E z co co Lu co co co co co E k o ®nE - 0 o no / )�E LU { � { ) o 0 0o § }) k \ [ \ }\ ) 0- \cl \ ) \ § 277 W \ §a ;: !\ / _ § \ \L $ �f/ k �\ \ \ \\ \\ ( 0 ( _ // 2 K 3} 3§ �� \! \ ol�� \ k § § e LU LL R §j) \( \ � )\ \ \\ \� \% \\ \ \ \ \� ( }\ LU co co co°coco §) - ° 2� ` Ga G2 ;: e® - ;\ 2 0§ s< { Pre-Bid Meeti ng Conf rma ibn 61D TITLE: NEWFENCING, REFS AIRS, ANa GATE OPERAT©RS BI© NUMBER: 045- -19/EM DATE: , as an authorized representative of: (Print Name and Title of Representative) (hereinafter called the bidder)located at (Pont'Nam6of Company) con irms that saki Company,Address Bidder,has visited the'site of the work and hes carefully examined the plans unci specifications fc`r` bhi pro,�.' ndchecl ed them in detail before submitting hi's bid or propose., , , � 1Y SM '� CIS ANS MAI ^ �' fIE"�ING REPRESENTATIVE NAMEP ABOVE up+F t �vV 51GNATURE FDR'MA ORY ONLY f i Page 1287 of 1 743 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title- "NEW FENCING, REPAIRS, AND GATE OPERATORS" Bid Number: 001-2511-20/EM Bid Due: October 28, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: + J , Federal I.D. Number: A Corporation of the State of: J Area Code: Telephone Number: Area Code: i,ar FAX Number: Mailing Address: , Jr 714 City/State/Zip: _ �d Vendor Mailing Date: . E-Mail Address: r Authorize ignature 6 � Name Typed /D THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1268 of 1743 1 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2014 GENERAL DESCRIPTION VALUE OF DATEHONE NAMEAND -- NUMBER OF WORK PERFORMED WORK COMPLETED I ADDRESS OF PPROJECT OWNERF AS PRIME CONTRACTOR PERFORMED PROJECT /7�5AIW AND 17i:.P4!RcE — .� OWNER C'C1 city Lf fyarn:a! 70e.Lr, �p !`lN ,h'AC'iSi 1:34 vL ��`! ' r Car yNF"1 T�!7 .��°I � V'Z •(��e Z �_ -j s-e ( � _� _..._ FL+r/JrSN /kflD INS�itLd� z� 3�o W. PF �� P,OcvrC74OVD 0,4 7-F-6 r Fu�rv/5H .�!Alv°rrn„u 4/VD /N5TA4C L e r•��Y ,rr� � .rJ a.r pvF��rrrt:� I ;G 14 I FGck,ulsM A-ND /aisrfYu. 12L11�_ F�fk•'JKA-wA Elx,Vl. ' V Ey( fig rbc J AND 1,057ALZ- y, xaraR�GAF�'i�L/11 (9�14) CLF TU C"{2EA'l� y�/ Jr I c.xa��, ,Z/, X9';3 � /r� l=fivac-x.s� I�c•e� � �iG/ �<S'3 ' "�98c� P ilnE- Cc-� IZi , / AF-01, Total Amount for this Calendar Year must be greater than$135,000 ( $_ "� l`� '•_ 1 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1269 of 1743 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,,000 per year. CALENDAR YEAR 2015 GENERAL DESCRIPTION VALUE OF DATE OF WORK PERFORMED HONE NU WORK COMPLETED ADDRESS OF PPROJECT OWNERF AS PRIME CONTRACTOR PERFORMED PROJECT OWNER >y J�F:y�n�r, rl ✓� ew 13bynen:�t Ae,crl�.��,...... .a—...�.a 21_a _ PJ��r�udf alJocls'a17f Sao LF DF 4Lr-16MH �3 f / F cc dr�.r e*'JGr3 4AJD arF (J( �'�,0 r�,'f goo l,� i.:rWs/�ir�nC a�dC f } f r FltoeNISH A1rJA LF DG rfr f3VC�& VE ��! w`RT7+<'T� Fi�Airor7 AND CR'T65 `' r�!' I`%d'� 3Gr c�ry✓ er<i? /°/vu ✓cn7rrvE hriln s EOI.I � `X:lkc-t_ nisi,crc.; CLF t3/a C!�$T�id'S q - R a r�rDrr�Nl I UFf_ rJf�ti�f�!3c"el 3.�yo 47 S7- r0(4 A OF /SAME? G a�0 GF der= (a r eLam. c�2 �JU 6iii9l 0edAAc— Al d cLr-=fhuncil+rrs /�.. lei71'ior- Al" Total Amount for this Calendar Year must be greater than $135,000 $/�Z,"MIX, THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1270 of 1743 WORK HISTORY PrOu4s contracts for fencing projects that your firm has completed in the past five (5) years showing a mini ll Of$135,000 per year. CALENDAR YEAR 2016 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF i OF WORK PERFORMED WORK COMPLETED ADDRESS OF (( PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT 1 OWNER t.ry aFf3i yAI�A! ref Y✓!�7Fh' 7k'�r+Trn�ilr �l1CGl� :ARfO G i !2d rT�cY�. � l�.f /LG'd— �'y'nn1 i3c.VD, i✓iT�Cs7" ll eJ / l5cp ✓..>= der=lo' C.�o=. � ��2! 6��c=r�-r~r ��.s� � t, O�Z. �/� �� L(Xi �✓j �. •✓dam t410 TV •. FLr�tiI�H A�1A ✓A1��ccr � �.— 603G Lt G-r- L f'vCLG- /NU1rJ Rl�re e L°AV77L%V E=- , /t un7. / �OLlC.c: Dc�PT �z�,1 (`1, I `J' ✓ W/!�/ r1eA'iL"9(�Aice- r 831 AlfD in/s 57 5/07 ewe-�'.,rtf/5f��e"G7 /✓u`�'7�a'f�, t--- � -r772- Aw lorn / i7]WA wi✓G1�, // /''Z�I Gvf A/Din��GK- c-, r , Total Amount for this Calendar Year must be greater than$135,000 $ 12/ 31�8.— a I WORK HISTORY THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1271 of 1743 Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2017 LAS ENERAL DESCRIPTION VALUE OFDATE _ __ WORK PERFORMED NAME AND PHONE NUMBER OF I WORK COMPLETED ADDRESS OF PROJECT OWNER PRIME CONTRACTOR `PERFORMED PROJECT l��itl/stil/4ND/rIF — OWNER CLF AIJD Q71 AY z ,4T' r.' Hro �� /4r �. ,1`4e 4il5n! AAta — / / eg _•u_ ,.� �l•.��t" � T"�z�°t,/" Cts= „26 1 r.J � c�'�'�` tr•��r AIZRAI/.srr AW D //�5rWe- —� '�L'rl�rc_ prSrK'/cr •—z---�,.. /nl��aA,i 1 /7 Wffi3fl��e �a-,�4.mz. /� <`/<7-15 G 4 VCL�-/'t•%1//� ,t >1.+C�NA�I�hfN•f F',1" ' • a"Cu - sa f 2 1 !�j'e+l cC'A qid� 67A7E rr //r 1 GL2�E?�//sff — 7 GF PF /3UCi.r= AND / /`l`i� 2Srjl sT q �r Fig?/afll-SH A4ily /n.i�i•�ttL.. - _�.... �.•._..m_ V r'LC l7ic ur Wi�es�r rG°e l ,9av Lf- lw� CL.F. Total Amount for this /� Calendar Year must be greater than$135,000 $ o WORK HISTORY THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 1 Page 1272 of 1743 Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year, CALENDAR YEAR 2018 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER �7iiYT/L1n1� I y � :7z12--6-V �11/+J 4V/•7LK. Esl/�'TE� �2��. � �� a�� sGG a e t� �', 1. Jam! 7�,vry 7 .�F�IY:fI'7� _AGO LP dF �� .� FL�7PJ/-YI�ur7Uc�; Gi IIS CC-F /al.S�c..• ��Ci�� /�/G, f :3�/ fr1'C./3k?fHllt _ 30,Gnan. ,//� l��u��rA �l 3I 3 �;(�°✓� S/{ Gf' tel=6}N/7 /Albl`JL'/ G ✓r!`„ K ,. �/ eo f 8VC.L.0=: f �✓ //1 Z7i69AI �Nt f'GC i `✓•-3f fkAr/IrN 57" P,e/Vi�,/ Sl�!i'"i��l. 7/�aGD. �_ f ✓� !•�lvrrr�� /-x-rr. � •5f�-1 3�'.�- w� / ie6la✓ D!-"77th//- I In'CLF � 7- 1- ✓Iq✓ 6056 ec Total Amount for this Calendar Year must be greater.than$135,000 $• /`1-6, a, ' NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1273 of 1743 State of r-Z,0,eI County of Plltfl7 OF— d that: being first duly sworn, deposes and says 1) He is of 1 �1A y ' (Title) (Mame of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid,- 4) id;4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attachedbid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 1<57 Signed) A Subscribed and sworn to before me (Title) � a This day of aL _ P I " NOLAN GREENE "'�R�f` State of Florida-Notary Public • n commission#FF 964476 =* •` My commission Expires My commission expires $F THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pagd71274 of 1743 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by ar�R067er of the corporation By: NAME - SIGNATURE Sworn and subscribed before me this Vt day of 20 l Printed Information: 4. (Vottd NAME r"ff TITLE. NOTA Y PU LIC, State of Florida at Large GAJ FeAl CiE C-6), COMPANY NOLAN GREENE Sime of Florida-Notary Public A t Ccrtnmrssion#FF 964476 'sr a My Commission Expires +}+ February 26,2024 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pag�)275 of 1743 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER ( ) NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pagd?1276 of 1743 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any Political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award Process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderie to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify tha is firr co plies/ with the above requirements. Vendor's 8' 'nature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pagdi)277 of 1743 PALM BEAC CCOUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Alj%q 7AJ F6AJ CONTRACT RNA E By Title: -- Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pag0 278 of 1743 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION theme of (Name of officer of company) PIC—ELTME 17— ( I itfe of officer of company) located at fiLZ' 1212 , =_ (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: J.E OF BUSINESS-._ Is t �e business I 1- Is the business located within the City lim—its Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax -YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida No, Division of Corporations? rq I understand that misrepresentation of any facts in connection with thjs;;;teq u st may be cause for removal from the certified local business list. I also agree that a bu ' ess is req rd to notify the City in writing should it cease to qualify as a local busin l b Print Name: 615Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 279 of 1743 s t yl If t ,=t 3 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 behalf of lrs tAl6)0, certify Print Name and Title Company Name that ° 77)dfC' does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1280 1280 of 1743 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 Cpanies with Activities in Sudan list or the Scrutinized Companies with Activities in the Ir etrole, Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Pagd 1281 of 1743 NEW FENCING, REPAIRS, AND GATE OPERATORS BID No. 001-2511-20/EM SCHEDULE OF SUB-CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidc contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance general conditions. This page may be reproduced for listing additional sub-contractors, if required. Naa �..�_.- -_ —�—... Contra-etW ii en a ,—... Com I — _.... _ A Signature Date: A9- --/ Title/Company Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an aw; contracts in a similar nature, or who is not responsible financial capability, lack of resources, etc.) to perform under this av inspect all facilities of any sub-contractor in order to make a determination as to the foregoing, THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1282 of 1743 The City of Boynton Beach t<< Finance/Procurement Services 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: OCTOBER 17, 2019 BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-20/EM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in s#r+lethfflUgh-type are deletions from existing text. Words in highlighted in grey type are additions to existing text. 1. The bid opening date remains as October 28, 2019 at 2:30 PM. The due date for questions has been moved to October 21,..2:019 at 5:130 PM,, 2. Attachment (B & C) - The Electronic Bid Sheet has been updated per this Addendum. Use the new bid sheet to submit your bid it has been uploaded as a separate attachment to this document. The excel sheet is labeled "Addendum No. 1 Attachment(B & C) - Fence Bid Sheet". The price sheets are provided in Microsoft Excel (.xls) format. These electronic price sheets must be submitted with your bid response in order for your bid to be considered responsive. 3. 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: JIUDY PYL�CRYs AL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 , BOYNTON BEACH, FL 33426 561-742-6061 PYLEJ@BBFL.US 4. METHOD AND BASIS OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. I Page 1283 of 1743 Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. 'The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final, 444---the,1 &f t e-ity o—award-t tvao r tr as �, h rye® heF of Ie., ite )Fnitted en t ie ham, "httaeh.w ent B" will M hrrat seetien •,,.I f icFaEt@F who has-+he4i _ .t- �•�•sLrrnTh3vT'"cBY' + "...s l ilk ,rde.a_as+he crit r4., 4 fi 4er H�,�.,. yef, th. r,it y resp es h v.�� will xa� �j "ne bidstl-Fe-c -ow tet w-iteffl5 It is the intent of the City to award to three (3) contractors as a Primary, Secondary, and Third. The contractor who has the lowest total EXTENDED PRICE for""Attach,erlt B and "Attachment C" combined will be awarded the PrimaryContractor: The'contractor who has the second lowest total EXTENDED PRICE for "Attachment B" and "Attachment C" combined will be awarded the Secondary. The contractor who has the third lowest total EXTENDED PRICE for"Attachment B"and "Attachment C" combined will be awarded the Third. Note: YOU MUST FILL IN EVERY LINE ITEM OR YOUR BID WILL BE DEEMED NON-RESPONSIVE. 5. The SCOPE OF WORK AND TECHNICAL REQUIREMENTS below replaces pages 15 through 19 of the original bid document. The grey highlighted areas are the material changes to the original Scope of Work and technical Requirements. General The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications ,and strict compliance is required with all the provisions herein contained. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his proposal and to prove to the City that said product is equal to that specified and to submit brochures, samples, product approvals, and/or specifications in detail on the item(s) submitted. The City shall be the sole judge concerning the merits of the proposal submitted. ALL WORK WITHIN' THIS BID SHALL BE INSTALLED PER THE: FLORIDA BUILDING CODE, LATEST EDITION Scope of Work Page 1284 of 1743 The City of Boynton Beach is seeking bids from qualified bidders to provide fence installation and repair for the city's various departments, in accordance with the terms, conditions, and specifications contained in this bid. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). All work shall commence 10 days after receipt of Purchase Order. The contractor shall furnish and install all leibor, materials and services as required per the plans and or specifications per project. A. Fencing work includes but is not limited to: 1. All posts, post caps and post bases, top rails, bottom rails, tension wire, bar, band, fence ties, and bracing. 2. Fence fabric or wire, securing and tensioning devices and accessories 3. Manual Swinging (CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 4. Manual Rolling (CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 5. Manual Cantilever (CHAIN_LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 6. Manual Swinging (MECHANICAL) Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 7. Manual Rolling (MECHANICAL) Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 8, ManualCantilever CHAIICAL Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. B. Non-Fencing but related work: Any electrical grounding, if required, will be done by others. C. Materials 1. Chain Link Fence Assembly a. Framework: ASTM A120 (40 weight) or AISTM 1043, group 4c (40 weight) Pipe, hot-dip galvanized to 1.80 oz/sq, Minimum. Page 1285 of 1743 b, Chain Link Fabric:' 1, All Galvanizedwireshall be 9-gauge O.D, hot dipped galvanized 2. All Vinyl coated wire shall be 9-gauge O.D. galvanizedcore with.,-vinyl coating that makes wire equivalent to 6-gauge OD, 1. All parts shall be coated after fabrication using zinc, averaging no less than 1.2 oz. of zinc per square foot of surface. Fabric to be hot dipped galvanized steel 9-gauge O.D. knuckle and knuckle with 2" diamond mesh. 2, Vinyl Coated: Same as galvanized except this fencing shall be 9-gauge O.D. galvanized core with vinyl coating that makes fencing equivalent to 6-gauge O.D. All posts and related hardware for this application shall be vinyl coated. 3. Hog Rings for securing chain link fabric. 9-gauge aluminum alloy wire. 4. Tennis Court Fencing (all 10 and 12 feet height fences): Vinyl Coated galvanized 1 3/4" diamond mesh. 5. For pricing purposes ;all Mechanical/Ornamental fence shall be welded galvanized steel with 1" pickets, powder coated. D. Components 1, Line Posts: 2.375 (2 '/2") inch outside diameter x 3.65 lbs/ft. 2. Top Rail: 1.66 (1-5/8") O.D, hot dipped galvanized (40 weight) pipe 2.27 lbs/ft. 3. Bottom Tension Wire (Installed per Florida Building Code,, Latest Edition) a. Bare wire shall be 7-gauge O.D. hot dipped galvanized coil spring wire, b. Vinyl wire shall be 9-gauge O.D. galvanized core with vinyl coating that makes wire equivalent to 6-gauge O.D. 4. Concrete mix: ASTM C94 Portland cement, 2500 psi at 28 days, 2 inch — 3 inch slump. E. Additional Components 1. Corner and Terminal Posts: 2.875 (3") inch outside diameter x 5.79 lbs/ft. 2. Bottom Rail, and Horizontal Braces: 1.66 (1-5/8") O.D. hot clipped galvanized (40 weight) pipe 2.27 lbs/ft. 3. Gates a, Welded frames of same material as fence framework all welds thoroughly cleaned and coated with a suitable rust preventive paint. Gate frames to have interior horizontal and/or vertical bracing wherever the height or width of the gate frame exceeds 5 feet, and additional diagonal braking for gate frames over 12 feet wide. Gate frames shall be filled with chain link fabric to match the fabric used in the fence. b. Hinges, latches and all other moving parts of gates shall be certified by the manufacturer to be malleable cast iron, with all components hot-dip galvanized. Hinges to be a ball-and-socket design with offset arms to permit a full 180 deg. swing from the closed to the open position. Single gate latches to be so designed as to permit the gate to swing in only one direction. All latches to have provision for positive locking with a padllock; wraparound chains are not permitted for this purpose. Padlocks and keys supplied by others. c. Contractor will supply and install holdbacks for each wing of the swing gate. d. The City may require additional services under Section 4.0 Bid Form "Additional Items," and "Fence and Gate Repairs," The contractor shall provide the City with a price for these additional services. If the prices) offered 4 Page 1286 of 1743 are not acceptable to the City, the City reserves the right to procure these additional services from other source(s). F. Swing Gate Post: Gate Leaf Width Post Outside Diameter To 6 feet inclusive 2.875" (3")-5.79 lbs/ft Over 6 to 13 feet 4.000" (4")-9.11 lbs/ft Over 13 to 18 feet 6.62.5" (6 5/8")-18.97 lbs/ft Over 18 feet 8.625" (8 5/8")-28.55 lbs/ft G. Brace Rail 1. 1.66" (1 5/8") outside diameter x 2.27 lbs/ft. 2. Swing, Roll and Cantilever Gate Frames: Gates up to a 6' wide single leaf, shall be 1.66" (1 5/8") outside diameter x 2.27 lbs/ft hot dipped galvanized (4O weight) pipes for interior and exterior of frame. For gates 6' — 12' wide single leaf, pipe shall be 1.90" (2") outside diameter x 2.72lbs/ft hot dipped galvanized (40 weight) pipes for interior and exterior of frame. 3. All Roll and Cantilever gates shall have nylon rollers 4" O.D. x 2 '/" O.D. with safety covers. All gate posts shall be minimum 4" O.D. (40'4.elght) hot dipped galvanized. H. Wire Pasture Fence 4" X 6" hot dipped galvanized field farm fence 48" tall with 4 strands of 12.5-gauge 4 barbed wire spaced evenly and overlaid on the fence. The top wire shall finish at 5' above finished grade. All brace post and end post shall be 8' x 3" to 5" diameter pressure treated round Southern Pine posts embedded 3' into undisturbed ground. All line post shall be 7' hot dipped galvanized (40 weight) T-posts imbedded 2' into undisturbed ground and shall not exceed 10' o.c. with silver top. All corner and mid-pole brace shall have 2 (two) consecutive H-braces and shall not exceed 310' o.c. from all end, corner, pull, terminal post of the inline fence run, all cross members shall be 6' 6" x Y-5" pressure treated Southern Pine round posts. Brace wire shall be 12.5 gauge wrapped twice from the top of the first post to the bottom of the second post and from the top of the second post back to the bottom of the first post. I. Wooden Fence Wooden fences shall be made in the shadowbox style with pressure treated pine wood and be six-feet high. Any wooden gates shall be made of the same matching material. Hinges and opening availability will be determined by the City. J. Execution 1. Install terminal posts, line posts, and horizontal rails with brace bands, rail ends, rail sleeves, line post loop caps, tension bands, tension bars, chain Bink fabric and gates, to provide a rigid structure for all fencing. Use manufacturer's standard hot dipped galvanized fittings, fasteners and hardware. 2. Space line posts uniformly, and 10' foot maximum on center,of post. 3, Set all posts in concrete footings, installedper Florida iBuilding Code, latest Page 1287 of 1743 Edition. 4. Set all posts plumb, and true to line and grade, Where grade changes gradually from post to post, grade the posts to provide a "rolling" effect and to avoid abrupt changes in the top of the fence line. If abrupt changes in grade are encountered, accomplish them with the use of a terminal post, with the chain link fabric cut on a bias where necessary to provide tension over the entire height. 5. Set posts to within 6, inches, maximum from,bottom ofi -Oncrete footings. Finish concrete as to prevent any s40dd ng watera`rodnd'%tlie fenci4i,post.' 6. Position bottom of fabric 2 plus or minus inches above finished grade. 7. Pass top rail through line post loop caps and attach securely to terminal posts. 8. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod at each side of all end, corner, pull, terminal and gate posts. (project specific) 9. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod from all ends, corner, pull, terminal pest of;th,e inlline fence run per Florida Building Code, latest edition: (projeot specific) 10. Stretch chain link fabric taut between terminal posts. 11. Attach fabric to end, corner and gate posts with tension bars, and tension bands, using one less band than the height of the fabric in feet, or approximately 14" on center, 12. Attach fabric to horizontal rails with,9-gauge O.D. vinyl or aluminum ties spaced 12" O.C. tightly twisted and to tension wire with 9-gauge O.D. vinyl or aluminum hog rings, approximately 24 inches on center. 13. Attach fabric to line posts with 9-gauge O.D. vinyl or aluminum ties, using one less tie than the height of the fabric in feet, or approximately 14 inches on center, and tightly twisted. 14. 7-gauge bottom tension wire shall be installed per Florida Building Code, latest edition and terminated securely to corner or terminal post. K. Gate Operators 1. Provide and install Gate Operator and all components, Operator shall be sized for the applicable gate height and weight. (gate can be either galvanized or aluminum). 2. Repair existing city gate operators Emergency Fence Repairs: The contractor should be available to be onsite within 2 days of,besng contacted by the City to evaluate any n6eded repair;and submit a q aote:'within;two day+,of„site visit: Equipment/Labor/Materials All prices submitted are to include all labor, equipment, tools, and materials, for fencing projects. Permitting Permits to be determined at time of project. Contractor Responsibility Page 1288 of 1743 • Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications, • Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. • Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform at all times while working on City property, • Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following 03.HA Regulations. • Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. Points of Clarification: 1. The awardee will only need to obtain General Liability Insurance. 2. Please use the new excel sheet attached to submit your bid. There are TWO tabs one labeled "Fence" and one labeled "Gates". Please fill in every unit price (The extended price should calculate automatically when You input your unit pricing)l. Thank you, Eric Marmer Eric Marmer, MPA Senior Buyer cc: Finance/Procurement 7 Page 1289 of 1743 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561)742-6310 FAX: (561)742-6316 ACKNOWLEDGEMENT OFA L]ENDUM Nv 1 NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-20/EM RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. ROBERT GREENE3y ..... PRINT NAME OF REPRESENTATIVE SI NATURE OF REP SEN ATIVE MARTIN FENCE CO _ _ 1.0/28/2019 NAME OF COMPANY DATE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1290 of 1743 l � i t'tf .{��ls i st t `y} trJtr 1s�r, ,i t i r 1 1 Jt� ffl Stti�l�ty\jt}sJl��1Jltili�Sh\ sail iSV t i cJi iiip i l� "Al li its{ '£1}7 } r s tr �!�}�li't1�}i�J_ ( irp}J�?lSiltyf}sil��J J� �?il}Sii S,� s 1 ikg,1�i st 14at lth,r srrrl ',it,}t i{�S£}(Sit£` ;�t�t� S �4f,�1�jf,,,, s JS ttJ�$yJ3 Sett i, }rS i� Ili1lJ Soni �:,a1 t Jts " s�"S� t� ii l iti Jsrat Jl§�J } ftt xt! itl�l�<J�S�t'r0��}Jl��hitltt�t JJSSJ "' y�ri v`� ��r,, �,AS}F�it£ivt��ni11�`�Jt ��4 iJt';{Jt SJIf ( ii IN v, j ��ri,rJt,t�JJ�+;Slylll'�1.}tlJ � TO , ltixl�, t a a�t37 t��t,ti l t t}��1}+}Sj$�St £1`,�JJ�Sti J lirt�}sl f}1fJ hfiJ!}`tit?hii}�ij}ri}}i}tlSthtit��llJitsa}��{�` �Ja vi �JtSi}, JJ, }{+�Jz}t t tit 1r i?,lit,itSl�}J� S�JSSriI i(tG�, } � (is,fil�t r �r1.r, } � l �'� �r � J i �11' PE R st' .2� l ** )� ; �� }s� 1� DJitt t Sir' s (S� ,,>, a ,ail , )){ T x sl�U,f I t ,IJiSS�SsSt �U I�s91""i1'O�Isys s t tt r °, ;1� gISS�JJtt Jt s't Ji� 1 �1i it t� t 1 �i is St flt t � l d,l i J„a t7r r t t ill i �4 iJJ �i ti� t}J, 1D OPE I 7 a c Y'1� �iit r �Sl lsSs$�iii s, �11 VIiil£j ��i'lG TlM�'`,,l' 3 £Sit P1,! s J,JJ Page 1291 of 1743 Selection Committee in reference to the solicitation,with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Michael Dauta, Acting Purchasing Manager; Telephone: (561) 742-6322, E-mail: dautamcD,bbfl.us SCOPE OF BID: The City of Boynton Beach is seeking bids from qualified bidders to provide fence installation, repair, and gate operators for the City's various departments, in accordance with the terms, conditions, and specifications contained in this bid. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The contractor shall furnish and install all labor, materials and services as required per the plans and or specifications per project. The initial bid term is for two (2)years, with the option to renew for three (3)one-year terms. A�MANIDATORY Pre-Bid Conference is scheduled for October 16th 2019 at 10 A.M (local time), to be held in the City of Boynton Beach City Hall, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426. Attendance is mandatory and proof of attendance will be evidence by the City signing your copy of the Pre-Bid Meeting Confirmation Form which you will need to submit along with your copy of you bid. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Michael Dauta, Acting Purchasing Manager (561) 742-6322 or dautamPabbfl.us Office Hours: MONDAY— FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION 2 Page 1292 of 1743 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. BONDING: When required by the specifications herein, the successful Bidder shall furnish Performance and Payment Bonds, and/or Warranty Bond, as stated on in the Bid documents on the City's forms within ten (10) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the Bid and any Bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to the Bidder's failure to furnish said bonds. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. 4 Page 1293 of 1743 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 6 Page 1294 of 1743 equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipmentiservice has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his/her representative and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty(30)days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. The Finance Department processes payments either through E-Payables or paper checks every two (2)weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9t'Avenue Boynton Beach, Florida 33435 A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new(current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids 9 Page 1295 of 1743 LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10 Page 1296 of 1743 made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Solicitation responses must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. Remainder of Page Purposely Left Blank 12 Page 1297 of 1743 C. The firm must have successfully completed fencing projects meeting the following requirements: A minimum of$135,000 in fencing projects completed annually for each of the past Five calendar years (2014, 2015, 2016, 2017, 2018). The firm must itemize this work using forms under "Work History" for "Calendar Year 2014" "Calendar Year 2015" "Calendar Year 2016", "Calendar Year 2017'and "Calendar Year 2018." Remainder of Page Purposely Left Blank 14 Page 1298 of 1743 for the applicable fence height. All posts shall be secured in concrete. 8. Manual_Cantilever (MECHANICAL) Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. B. Non-Fencing but related work: Any electrical grounding, if required, will be done by others. C. Materials 1. Chain Link Fence Assembly a. Framework: ASTM A120 Schedule 40 Pipe, hot-dip galvanized to 1.80 oz/sq. minimum. b. Chain Link Fabric: Galvanized or Vinyl coated 2. All parts shall be coated after fabrication using zinc, averaging no less than 1.2 oz. of zinc per square foot of surface. Fabric to be hot dipped galvanized steel 9-gauge O.D. knuckle and knuckle with 2" diamond mesh. 3. Vinyl Coated: Same as galvanized except this fencing shall be 9-gauge O.D. galvanized core with vinyl coating that makes fencing equivalent to 6-gauge O.D. All posts and related hardware for this application shall be vinyl coated. 4. Hog Rings for securing chain link fabric: 9-gauge aluminum alloy wire. Tennis Court Fencing (all 10 and 12 feet height fences): Vinyl Coated galvanized 1 3/4" diamond mesh D. Components 1. Line Posts: 2.375 (2 Y2") inch outside diameter x 3.65 lbs/ft. 2. Top Rail: 1.66 (1-5/8") O.D. hot dipped galvanized schedule 40 pipe 2.27 lbs/ft. 3. Bottom Tension Wire a. Bare wire shall be 7-gauge O.D. hot dipped galvanized coil spring wire. b. Vinyl wire shall be 9-gauge O.D. galvanized core with vinyl coating that makes wire equivalent to 6-gauge O.D. 4. Concrete mix: ASTM C94 Portland cement, 2500 psi at 28 days, 2 inch —3 inch slump. E. Additional Components 1. Corner and Terminal Posts: 2.875 (3") inch outside diameter x 5.79 lbs/ft. 2. Bottom Rail, and Horizontal Braces: 1.66 (1-5/8") O.D. hot dipped galvanized schedule 40 pipe 2.27 lbs/ft. 3. Gates a. Welded frames of same material as fence framework all welds thoroughly cleaned and coated with a suitable rust preventive paint. Gate frames to have interior horizontal and/or vertical bracing wherever the height or width of the gate frame exceeds 5 feet, and additional diagonal bracing for gate frames over 12 feet wide. Gate frames shall be filled with chain link fabric to match the fabric used in the fence. b. Hinges, latches and all other moving parts of gates shall be certified by the manufacturer to be malleable cast iron, with all components hot-dip 16 Page 1299 of 1743 J. Execution 1- Install terminal posts, line posts, and horizontal rails with brace bands, rail ends, rail sleeves, line post loop caps, tension bands, tension bars, chain link fabric and gates, to provide a rigid structure for all fencing. Use manufacturer's standard hot dipped galvanized fittings, fasteners and hardware. 2. Space line posts uniformly, and 10'foot maximum on center of post. 3. Set all posts in concrete footings cast rough in the ground, four times the diameter of the post x 40 inches deep. 4. Set all posts plumb, and true to line and grade. Where grade changes gradually from post to post, grade the posts to provide a "rolling" effect and to avoid abrupt changes in the top of the fence line. If abrupt changes in grade are encountered, accomplish them with the use of a terminal post, with the chain link fabric cut on a bias where necessary to provide tension over the entire height. 5. Set posts to within 6 inches maximum from bottom of concrete footings. Slope top of concrete for water runoff, with top of footing approximately 2 inches above finished grade. 6. Position bottom of fabric 2 plus or minus inches above finished grade. 7. Pass top rail through line post loop caps and attach securely to terminal posts. 8. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod at each side of all end, corner, pull, terminal and gate posts. (project specific) 9. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod at 100' maximum o.c. from all end, corner, pull, terminal post of the inline fence run. (project specific) 10. Stretch chain link fabric taut between terminal posts. 11. Attach fabric to end, corner and gate posts with tension bars, and tension bands, using one less band than the height of the fabric in feet, or approximately 14" on center. 12. Attach fabric to horizontal rails with 6-gauge O.D. vinyl or aluminum ties spaced 12" O.C. tightly twisted and to tension wire with 9-gauge O.D. vinyl or aluminum hog rings, approximately 24 inches on center. 13. Attach fabric to line posts with 6-gauge O.D. vinyl or aluminum ties, using one less tie than the height of the fabric in feet, or approximately 14 inches on center, and tightly twisted. 14. Weave 7-gauge bottom tension wire through the bottom loop of the fence fabric and terminate securely to corner or terminal post. K. Gate Operators 1. Provide and install Gate Operator and all components, Operator shall be sized for the applicable gate height and weight. (gate can be either galvanized or aluminum). 2. Repair existing city gate operators Emergency Fence Repairs: The contractor should be available to be onsite within 2 days of being contacted by the City to evaluate any needed repair and submit a quote for said work. 18 Page 1300 of 1743 Attachment "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terns and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk,) ---------------------------- ----------------------------------------- TYPE ------------------- (Occurrence Based Only) MIi\IIMUM LIMITS REtRED ------------------------------------------ --------------------------------------------- General Liability ----------- General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,0009000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ---------------------------------—-------------------—-------------------------------------------------------------------- utomobile Liability Combined Single Limit $ 500,000.00 Any Auto BodilyIn All Owned Autos Injury(her person) to be determined Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------- ------------------------------------------- -------- —---------- Garage Liability Auto Only,Each Accident Any Auto $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ----------------------------------------- ------------------------------------ -------------------- Excess Liability Each Occurrence Umbrella Form to be determined Aggregate to be determined ------ -------------------------------- ------------------------------------- Worker's Compensation ----"-------"---"--"- Employer's Liability Statutory Limits Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 --------------------------------------------- ----------------------------------------- Property ---------------- Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ---------------------------------------- ------------------------------------------------------------- Other- As Risk Identified to be determined 20 Page 1301 of 1743 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2014 GENERAL DESCRIPTION VALUE OF DATE NAMEAN P ONE NUMBER O OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME PERFORMED PROJECT CONTRACTOR OWNER 6 a i acs �. 1 . k � , Lig ® 9,1. Sral ry- D 6 ® b Total Amount for this Calendar Year must be greater than $135,000 $ , THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 1302 of 1743 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2016 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME PERFORMED PROJECT CONTRACTOR OWNER rnwrl- 1A as a ��1 I ® plc® `per ®�` �, 1-74 o C e I t Total Amount for this Calendar Year must be greater than $135,000 $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 Page 1303 of 1743 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2018 GENERAL—DESCRIPTION VALUE-6-F-- DATE NAME AND_. PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME PERFORMED PROJECT CONTRACTOR OWNER m - } 1J, _m j e 33 U51 r -3G7 Det �I Total Amount for this Calendar Year must be greater than $135,000 $ THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Page 1304 of 1743 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. 0.5 By: _ r NAME-SIGNATURE Sworn and subscribed before me this day of ,20 Printed Information: NAME TITLE JaLarge Y PUBLIC, State ofFlorida COMP NY Notary Public State of Raids Patesha Johnson MY COMMIssion GG 229046 Expires 08/14/2022 "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 Page 1305 of 1743 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. I A�p4 CONTRACTOR NAME By.N JkS Title: Date: 7 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Page 1306 of 1743 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION IName of , the Of ( officer of company) (Title of officer ofcompany) r S , located at (Nam of Corporation/Company) (EWsiness Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS:_ 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: o 3. Is the business registered with the Florida YES NO Division of Corporations? — L IS oo I I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 Page 1307 of 1743 � U 7 [2 U t0 M _ M N y C C1 U w UO dl G U C O N— O t 01 V E .R 3 d O C cm O N d e O'C ` m CD o -a m 0 O V = N d m C c O (O 0 O 3 t v0 in O 3 m m d m Z of W CDJ CL O 0 .3 •a _..... 0.4) W LULU o � � ma av C9N CD 0 cx IZZ G T O 0 U 4) N O Q Q N E LU W C C Y C U C W J • o L a L c a m � W QCD LL ° � � 4) � 0 IL pp.2 �'w m No W Z O L ca 0) y 0 W W W c 7Y _ m � m ' LU U QO O > O 0 12 Na V N N z D a� 'a N CL � N z V LLI � � rn m ° a< 0 W V LU =3 a n.0 N mca LL y w w � O 3 0 ,0 0 W E cam 0•E O z ME U U C _ O N ) O C OL U 0 0 -0 �- 0 0 CD3 U) C .O+ wad m p +. LO O A H `1 C i C• da O0 12 U "a o C r� C -0 ° � Q C 0 O m � = t� � $ � v — c caai� 0 0 rny � E M c .y N Q 2 C N 0 U z E N f0 0 Z E O C 0 C 0 Page 1308 of 1743 0 Pre-Bid Meeting Confirmation BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS BID NUMBER: 001-2511-20/EM DATE: - (Print Name and Title of Representative) as an authorized representative of: (Print Name of Company) (hereinafter called the bidder) located at said confirms that Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for such project and checked them in detail before submitting his bid or proposal. SIGNATURE OF COMPANY DATE OF MEETING REPRESENTATIVE NAMED ABOVE CITY'S REPRESENTATIVE SIGNATURE FOR MANDATORY ONLY Page 1309 of 1743 Pre-Bid Meeting Confirmation BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS BIC} NUMBER: 045-2511-1 91EM DATE: , I as an;authorized representative of: n me and Title of Represen ative) i (hereinafter called the bidder) located at (Print Name of Company60AA40a Zea� FL. ?34,4) confirms that said Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for such project and checked them in detail before submitting his bid or proposal. SIGNATURE F COMPANY DATE OF MEETING REPRESENTATIVE NAMED ABOVE -j, rt, Srff"S'OtEPRESENTATIVE SIGNATURE`EOR MANDATORY ONLY Page 1310 of 1743 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd.,Suite 101 c Boynton Beach,Florida 33426 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No. 1 DATE: OCTOBER 17, 2019 BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-20/EM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in StFikethFough type are deletions from existing text. Words intg l:g i d, gre�r type are additions to existing text. 1. The bid opening date remains as October 28, 2019 at 2:30 PM. The due date for questions has been moved to ,lctober 2 , r�'19 at ..=QOM 2. Attachment(B & C)-The Electronic Bid Sheet has been updated per this Addendum. Use the new bid sheet to submit your bid it has been uploaded as a separate attachment to this document. The excel sheet is labeled "Addendum No. 1 Attachment(B & C} - Fence Bid Sheet". The price sheets are provided in Microsoft Excel (.xls)format. These electronic price sheets must be submitted with your bid response in order for your bid to be considered responsive. 3. 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: jUD"TPy4=E-1 RY0TAL GIBS- 'ON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101, BOYNTON BEACH, FL 33426 561-742-6061 PYLEJ@BBFL.US 1 Page 1311 of 1743 4. METHOD AND BASIS OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc.will be provided for this contract to meet the specifications denoted herein at a paramount level. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. it is the intent of the City to aWaFd to tv, --A Q----AaFy. The PAms ntr..GteF who has the highest n,,w+lhar of 19... it submitted --•u - at_ h tt CJ � sheet AttaGhment „ v 9Gtien and the Gentr-ar0te-F t „ a low items will be aaFd-ed as tht; RAna Fight te -,,,-Fd to the total - west bid. Note- amaswill he nonqideFed Re # thein#en#7 Qf tthe City to award to throe0 p �#ractrss a Prrr�ary,x �ecnd' and �T'hlyd, The P"aratractor +h©'h'a'0 the lov�rest t�ta11Cttll '11Fti+t ,`fr;'" tap ' }3" r 11 i, �n "Aft 11" ent'O"�,9mlbi�ned(will{be awarded��t,e�Pnmaij Contra tt�r The ioI r�trecttar ti h ,tlteedcar7c I`Qw� t'#ota ,E)CTENDED`PR� E;fair r4►ttaclme�n#B�grid''"Attachment eombP RIQE fer"Attachmerit'`Bnd "Attachment torrib��.d ill, t4tl EXTIIIDlp p ward the Seconds The coritrator who as the th�ri loves# ewa d d thy; l��rdr `Note ;Y t�,MUST ALL'IN;EVERY LINE ITEM OR NIU UR''BI©WILL ow 5. The SCOPE OF WORK AND TECHNICAL REQUIREMENTS below replaces pages 15 through 19 of the original bid document. The grey highlighted areas are the material changes to the original Scope of Work and technical Requirements. General The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all the provisions herein contained. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his proposal and to prove to the City that said product is equal to that specified and to submit brochures, samples, product approvals, and/or specifications in detail on the item{s}submitted. The City shall be the sole judge concerning the merits of the proposal submitted.ALL' 11THIN CHIS BID SHALL BE INSTALLED PER THE FLORIDA BUILDING CODE;, LATEST EDITION 2 Page 1312 of 1743 Scope of Work The City of Boynton Beach is seeking bids from qualified bidders to provide fence installation and repair for the city's various departments, in accordance with the terms, conditions, and specifications contained in this bid. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I;E. Damage from vehicle accidents, wear and tear, demolition). ►11 work mall cqrnmer�c�''!0 d'aa after,rcep#ofjRurchae Order. The contractor shall furnish and install all labor, materials and services as required per the plans and or specifications per project. A. Fencing work includes but is not limited to: 1. All posts, post caps and post bases, top rails, bottom rails, tension wire, bar, band, fence ties, and bracing. 2. Fence fabric or wire, securing and tensioning devices and accessories 3. Manual Swin in CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 4. Manual Rolling (CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 5. Manual Cantilever (CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 6. Manual Swinging (MECHANICAL) Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 7. Manual Rolling (MECHANICAL} Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 8. Manual Cantilever (MECHANICAL) Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. B. Non-Fencing but related work: Any electrical grounding, if required, will be done by others. C. Materials 1. Chain Link Fence Assembly 3 Page 1313 of 1743 Frdm�u�ork `M A'120 (40 ;e,� ,t) 'vr; ``�SM 1Q43, gr©u� c (40 weigh 'gyp , ftllip Inazc #010`+ meq rn�ri�itrh. " Gh " tr g�' ., #In`1,"tea#cid ranyt�eha1114 '"l9-ga :` D #val, d Irr_e truth vin l�� 4 t it 3 t"I I�it��,l { - portg'that mal4es`wire,equ# al;n t4"� 99e p 2. All parts shall be coated after fabrication using zinc, averaging no less than 1.2 oz. of zinc per square foot of surface. Fabric to be hot dipped galvanized steel 9-gauge O.D. knuckle and knuckle with 2" diamond mesh. 3. Vinyl Coated: Same as galvanized except this fencing shall be 9-gauge O.D. galvanized core with vinyl coating that makes fencing equivalent to 6-gauge O.D. All posts and related hardware for this application shall be vinyl coated. 4. Hog Rings for securing chain link fabric: 9-gauge aluminum alloy wire. 5. Tennis Court Fencing (all 10 and 12 feet height fences): Vinyl Coated galvanized 1 3/4" diamond mesh. ° pr pnalng t purpises j;SII Mehla'htall/brr'am nal fence shall' tie weicled ---- -D. Components 1. Line Posts: 2.375 (2 '/") inch outside diameter x 3.65 lbs/ft. 2. Top Rail 1.66 (1-5/8")O.D. hot dipped galvanized pipe 2.27 lbs/ft. ,Rptkgm TensiQ�n 1111(re(Ipst�lled �Fl4Tll� il�in�GQe; traest E�it�Qn) a. Bare wire shall be 7-gauge O.D. hot dipped galvanized coil spring wire. b. Vinyl wire shall be 9-gauge O.D. galvanized core with vinyl coating that makes wire equivalent to 6-gauge O.D. 4. Concrete mix: ASTM C94 Portland cement, 2500 psi at 28 days, 2 inch — 3 inch slump. E. Additional Components 1. Corner and Terminal Posts: 2.875 (3") inch outside diameter x 5.79 lbs/ft. 2. Bottom Rail, and Horizontal Braces: 1.66 (1-5/8") O.D. hot dipped galvanized 40 aught) pipe 2.27 lbs/ft. 3. Gates a. Welded frames of same material as fence framework all welds thoroughly cleaned and coated with a suitable rust preventive paint. Gate frames to have interior horizontal and/or vertical bracing wherever the height or width of the gate frame exceeds 5 feet, and additional diagonal bracing for gate frames over 12 feet wide. Gate frames shall be filled with chain link fabric to match the fabric used in the fence. b. Hinges, latches and all other moving parts of gates shall be certified by the manufacturer to be malleable cast iron, with all components hot-dip galvanized. Hinges to be a ball-and-socket design with offset arms to permit a full 180 deg. swing from the closed to the open position. Single gate latches to be so designed as to permit the gate to swing in only one direction. All latches to have provision for positive locking with a padlock; wraparound chains are not permitted for this purpose. Padlocks and keys supplied by others. c. Contractor will supply and install holdbacks for each wing of the swing gate. 4 Page 1314 of 1743 d. The City may require additional services under Section 4.0 Bid Form "Additional Items," and "Fence and Gate Repairs." The contractor shall provide the City with a price for these additional services. If the price(s)offered are not acceptable to the City, the City reserves the right to procure these additional services from other source(s). F. Swing Gate Post: Gate Leaf Width Post Outside Diameter To 6 feet inclusive 2.875" (3")-5.79 lbs/ft Over 6 to 13 feet 4.000" (4")-9.11 lbs/ft Over 13 to 18 feet 6.625" (6 5/8")-18.97 lbs/ft Over 18 feet 8.625" (8 5/8")-28.55 lbs/ft G. Brace Rail 1. 1.66" (1 5/8") outside diameter x 2.27 lbs/ft. 2. Swing, Roll and Cantilever Gate Frames: Gates up to a 6' wide single leaf, shall be 1.66" (1 5/8") outside diameter x 2.27 lbs/ft hot dipped galvanized 1,4? tir )gh'.` pipes for interior and exterior of frame. For gates 6' — 12' wide single leaf, pipe shall be 1.90" (2") outside diameter x 2.72lbs/ft hot dipped galvanized (40 weight) pipes for interior and exterior of frame. 3. All Roll and Cantilever gates shall have nylon rollers 4" O.D. x 2 Y2" O.D. with safety covers. All gate posts shall be minimum 4" O.D. X40 wIgh`t} hot dipped galvanized. H. Wire Pasture Fence 4" X 6" hot dipped galvanized field farm fence 48" tall with 4 strands of 12.5-gauge 4 barbed wire spaced evenly and overlaid on the fence. The top wire shall finish at 5' above finished grade. All brace post and end post shall be 8' x 3" to 5" diameter pressure treated round Southern Pine posts embedded 3' into undisturbed ground. All line post shall be 7' hot dipped galvanized t44;weight T-posts imbedded 2' into undisturbed ground and shall not exceed 10' o.c. with silver top. All corner and mid-pole brace shall have 2 (two) consecutive H-braces and shall not exceed 310' o.c. from all end, corner, pull, terminal post of the inline fence run, all cross members shall be 6' 6" x 3"-5" pressure treated Southern Pine round posts. Brace wire shall be 12.5 gauge wrapped twice from the top of the first post to the bottom of the second post and from the top of the second post back to the bottom of the first post. I. Wooden Fence Wooden fences shall be made in the shadowbox style with pressure treated pine wood and be six-feet high. Any wooden gates shall be made of the same matching material. Hinges and opening availability will be determined by the City. J. Execution 1. Install terminal posts, line posts, and horizontal rails with brace bands, rail ends, rail sleeves, line post loop caps, tension bands, tension bars, chain link fabric and gates, to provide a rigid structure for all fencing. Use manufacturer's 5 Page 1315 of 1743 standard hot dipped galvanized fittings, fasteners and hardware. 2. Space line posts uniformly, and 10'foot maximum on center of post. Set all p4ata. in donor le foot nge, install `dper'`ftg#40, I3uiiding Code latest - 4. Set all posts plumb, and true to line and grade. Where grade changes gradually from post to post, grade the posts to provide a "rolling" effect and to avoid abrupt changes in the top of the fence line. If abrupt changes in grade are encountered, accomplish them with the use of a terminal post, with the chain link fabric cut on a bias where necessary to provide tension over the entire height. 0_ het,`posts tfQ withint`6 cthes}max51 im ?? ,from {f o t©tin 0 'ncret�, foptings; 'Finish t rete qp,t, prevent spy s#an ijm�r wa r er urld flee fiomce pe1e, -- 6. Position bottom of fabric 2 plus or minus inches above finished grade. 7. Pass top rail through line post loop caps and attach securely to terminal posts. 8. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod at each side of all end, corner, pull, terminal and gate posts. (project specific) Install;sbrace `panels ,�ncludmg top,4; reel t horion1 brace rail and diaconal 74 t r i dJt�sr�t ale, ► roti trom,altl n s�r4{ r+ er„,ra Il,;,,t+ r �r�aM posh,;of the`i-lily" t��n'ce dun per Florida Building' bde, Rtes#ec�tibn (project specifics - - 10. Stretch chain link fabric taut between terminal posts. 11. Attach fabric to end, corner and gate posts with tension bars, and tension bands, using one less band than the height of the fabric in feet, or approximately 14" on center. X12 „A�#acti,~fabr�cto,�`c�r�,�or�tat mails,witk� �Ta�g�: 0�� 4�►myl �;r alurr�num ties spaced h12" C 't�gl Cly, twisted and to tension "we're with =gauge ffl.©. vinyl or,aluminum dog,rims, aproirrately4 �nch'ee 9n.Ce`nter= - 13. Attach fabric to line posts with 9-gauge O.D. vinyl or aluminum ties, using one less tie than the height of the fabric in feet, or approximately 14 inches on center, and tightly twisted. X14. 7=gau6e bofbm tension wire shall be'installed per,Florida Building Code, Iatest edition and terminated securely to corner or terminal post. K. Gate Operators 1. Provide and install Gate Operator and all components, Operator shall be sized for the applicable gate height and weight. (gate can be either galvanized or aluminum). 2. Repair existing city gate operators Emergency Fence Repairs: The contractor should be available to be'onsite within 2 days of being contacted by the City to Ovaluate any needed repair and submit a quote within'two days of site visit. Equipment/Labor/Materials All prices submitted are to include all labor, equipment, tools, and materials, for fencing projects. Permitting Permits to be determined at time of project. 6 Page 1316 of 1743 Contractor Responsibility ■ Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. ■ Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. ■ Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform at all times while working on City property. ■ Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following O.S.H.A Regulations. ■ Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. Points of Clarification: 1. The awardee will only need to obtain General Liability Insurance. 2. Please use the new excel sheet attached to submit your bid. There are TWO tabs one labeled "Fence" and one labeled "Gates" Please fill in every unit price (The extended price should calculate automatically when you input your unit pricing). Thank you, 516 lffowej- Eric Marmer, MPA Senior Buyer cc: Finance/Procurement 7 Page 1317 of 1743 The City of Boynton Beach Finance/Procurement Services 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561)742-6310 FAX: (561)742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-20/E RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAM RESENTATIVE SIGNATURE OF REPRESENTATIVE �- NAME OF COMPANY DATE _. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 Page 1318 of 1743 i BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "NEW FENCING, REPAIRS, AND GATE OPERATORS" Bid Number: 001-2511-201EM i Bid Due: October 28, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: TROPIC FENCE INC Federal I.D. Number: 59-2642924 1 A Corporation of the State of: FLORIDA Area Code: 954 Telephone Number: 978-1250 Area Code: FAX Number: Mailing Address' 1864 NW 21 STREET City/StatelZip: POMPANO BEACH,FL 33069 Vendor Mailing Date: 10/28/19 E-Mail Address: TROPICFENCE@BELLSOUTH.NET Authorized Signature -Name Typed S EVE NESPOLI rr THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 21 Page 1319 of 1743 i WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2014 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER I AS PRIME CONTRACTOR PERFORMED PROJECT OWNER MULTIPLE PROJECTS FOR 137,973.61 THROUGH CITY OF FORT DAVE SMITH ALL TYPE OF FENCE & OUT THE YEAR LAUDERDALE 954 257-9375 I00 N ANDREWS AVE GATES(TERM CONTRACT) FORT LAUDERDALE FL 33301 FENCE AND GATES FOR 77,831.62 05/27/14 SCHOOL 130ARD OF THOMAS DRAGNER CRYSTAL MIDDLE SCHOOL BROWARD COUNTY 754 321-4301 3810 NNV 10 AVE FORT LAUDERDALE 33,09 FENCE AND GATES FOR 66,123.18 7117114 SCHOOL BOARD OF THOMAS DRAGNER DEERFIELD PARK ELEMENTARY BROWARD COUNTY 754 3214301 SCHOOL 3810 NW 10 AVE FORT LAUDERDALC 33 09 FENCE AND GATES AT WALDEN POj'D 13,633.00 1115/14 8271 NW 70 STREET DIANA BRESLAV WOODMONT HOA TAMARAAC FL 33321 954 653-8015 FENCE AND GA'Z'ES A'1' PURCHASING 12,965.98 12/23/14 125 SE STI/COURT SPRINGTREE COVE SUNRISE FL 33351 954 572-2274 FENCE AND GATES AT 10,064.00 9/15/14 819 NE 26 STREET MAGGIE HULSEY KIDS IN DISTRESS WII TON MANORS FL 954 567-5636 � 33305 FENCE AND GATES AT LIF1' 1I,539.99 417/14 11740 SW 80 ST 3RD FLO 11 ENGINEERING STATIONS 22&23 INVEST PALM BEACH FL 561822-1310 133402 Total Amount for this Calendar Year must be greater than $135,000 $ 330,131.38 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 20 r Page 1320 of 1743 I I WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2015 GENERAL DESCRIPTION ! VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER ......._._....... MULTIPLE PROJECTS FOR 191,685 24 THROUGH CITY OF FORT LAUDE UE DAVE SMITH ALL TYPE OF FENCE& OUT THE YEAR 100 N.ADNREW AVE 954 257-9375 GATES(TERM CONTRACT) FORT LAUDERDALE FL 33301 FENCE AND GA'Z'ES AT 88,599.00 5/12/15 CITY OF FORT LAUDEI:ALE DAVM SMITII STRANAHAN PARK 100 N.ADNREW AVE 954 257.9375 OUTSIDE OF TERM CONTRACT FORT LAUDERDALE Fl 33301 ---------------------- VARIOUS TYPE OF FENCE AND 71,343.94 5/15/15 SOLID WASTE AUTHOI ITY VARIOUS GATE REPAIRS TERM CONTRACT 7501 NORTH JOG ROAD 561640-3400 WEST PALM BEACH Fl 33412 FENCE AND GATES WEST LINT: 47 341.00 2120/15 LAKE WORH DRAINAGE DISTRICT JOE SPETLA 13081 MILITARY TRAIL 561810-5-5-93 DELRAY BEACH FL 220 4 GATES AT THE PORSCHE 29,001.98 9125115 CHAMPION MOTORS 140NY SC7PLE DEALERSHIP 500 W.COPAN ROAD POMPANO BEACH,FL 33 J64 954 614-2566 E i fi FENCE AND GATE REPAIR 17,277.04 3/19/15 WPLG DARREN ALLINE 3401 HALLENDALE BEAPH 95334-2540 BLVD PEMROKE PINES FL 330.3 FENCE AND GATES AT THE 16,676.79 11/17/15 POMPANO BEACH CRA JUAN AYALA COMMUNITY CENTER GARDEN 100 W.ATLANTIC BLVD 954 786-4655 POMPANO BEACH FL 3 060 I( Total Amount for this Calendar Year must be greater than $135,000 $ 461,924.99 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 Page 1321 of 1743 WORK HISTORY Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2016 _ . ._._._._..__— GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER MULTIPLE PROJECTS FOR 78,142.75 THROUGH CITY OF FORT LAUDER' LE DAVE SMITH ALL TYPE OF FENCE& OUT THE YEAR 100 N.ADNREW AVE 954 257-9375 GATES(TERM CONTRACT) FORT LAUDERDALE FL 33301 MULTIPLE PROJECTS FOR 141,814.15 THROUGHSCHOOL BOARD OF THOMAS DRAGNER ALL TYPE,OF FENCE& OUT THE YEAR BROWARD COUNTY 754 321-4301 GATES(TERM CONTRACT) 3810 NW 10 AVE FORT LAUDERDALE FL 33309 WESTWARB PARK ALUI4HNUivI CITY OF WEST PALM BEACH GLENN SEMANISIN PICKET FENCE 344,999.91 12/28/2016 PO BOX 3366 561494-1088 WEST PALM BEACH FL ENGINEERING 33402 COMMONS PARK WOOD FENCE 68,060.70 10/20/2016 VILLAGE OF ROYAL PA ,M LOU RECCHIO BEACH 561790-5161 1050 ROYAL PALM BEA 'H BLVD ROYAL PALM BEACH FL 33441 i CULTURAL CENTER VINYL FENCE 28,093.00 08/17/2016 VILLAGE OF ROYAL PA.--M LOU RECCHIO BEACH 561 790-5161 1050 ROYAL PALM BEA 11 BLVD ROYAL PALM BEACH Fl.33441 t i VEHICLE MAINTENANCE STATIO 15,881.00 7/7/2016 SFRTA SO.FL REGIONA ORETHA HOUSER CHAIN LINK FENCE AND GATES TRANSPORTATION AM H 954942-7245 800 NW 33 RD STREET POMPANO BEACH FL 33 164 SOUTH AND NORTH FENCES 91189.00 06/14/2016 LAKE WORN DRAINAGI DISTRICT TROY LEE 13081 MILITARY TRAIL 561737-3835 (, DELRAY BEACH,FL 33414 r 4 ......... Total Amount for this Calendar Year must be greater than $1355,000 $ 686,180.51 ti WORK HISTORY THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 1 Page 1322 of 1743 ' f i Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2017 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER I AS PRIME CONTRACTOR PERFORMED PROJECT OWNER MULTIPLE PROJECTS FOR 'THROUGH CITY OF FORT LAIIDEI asLE DAVE SMITH ALL TYPE OF FENCE& 175,586.00 OUT THE YEAR 100 N.ADNREW AVE 984 257-9375 GATES(TERM CONTRACT) FORT LAUDERDALE FL 33301 MULTIPLE PROJECTS FOR 580,872.80 THROUGH SCHOOL BOARD OF THOMAS DRAGNER ALL TYPE OF FENCE& OUT THE YEAR BROWARD COUNTY 754 321-4301 GATES(TERM CONTRACT) 3810 NW 10 AVE FORT LAUDERDALE FL 33309 PVC FENCE AND GATES 521399.83 2/7/2017 STRATHMORE HOA CARRIE 230 STRATHMORE GATS DR 561 793-2881 ROYAL PALM BEACH F 33441 FENCE AND GATES 37,198.00 05/08/2017 CONDOTTE KAILAS JV RALPH HERNANDEZ LLOYD ESTATES 30-5670-7585 10790 BW 127 ST MEDLEY FL 33118 FENCE AND GATES 32,287.50 01/1212017 CITY OF MARGATE MIKE JONES PARK&RECREATION COMMUNIT 6199 NW I OTH STREET 954 972-6454 CENTER MARGATE,FL 33063 a> ROLLING GATE AND GATE 18,552.39 03/05/2017 CARDINAL HEALTH JUDY HOPKINS OPERATOR 3205 MERIDAN PARKWA Y 954 349-9988 ERT 110 WESTON,FL 33331 UPDATE DOG PARK GATES 17,725.00 08/01/2017 CITY OF POMPANO BEA .`H ANTHONY ALHASHEMI PO BOX 1300 954 786-0429 POMPANO BEACH FL 33061 Total Amount for this Calendar Year must be greater than $135,000 $ 914,621.52 i WORK HISTORY 1' THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 r; r Page 1323 of 1743 i Provide contracts for fencing projects that your firm has completed in the past five (5) years showing a minimum of$135,000 per year. CALENDAR YEAR 2018 GENERAL DESCRIPTION VALUE OF DATE NAME AND PHONE NUMBER OF OF WORK PERFORMED WORK COMPLETED ADDRESS OF PROJECT OWNER AS PRIME CONTRACTOR PERFORMED PROJECT OWNER MULTIPLE PROJECTS FOR 716,821.47 THROUGH CITY OF FORT LAUDEI SLE DAVE SMITH ALL TYPE OFFENCE& OUT THE YEAR I00 N.ADNREW AVE 954 257-9375 GATES(TERM CONTRACT) FORT LAUDERDALE I MULTIPLE PROJECTS FOR 608,123.86 THROUGH SCHOOL BOARD OF THOMAS DRAGNER ALL TYPE OF FENCE& OUT THE YEAR BROWARD COUNTY 754 321-4301 GATES(TERM CONTRACT) 38110 NW 10 AVE FORT LAUDERDALE MULTIPLE PROJECTS FOR 125,685.94 THROUGH CITY OF BOCA RATON PURCHASING ALL TYPE OF FENCE& OUT THE YEAR 201 W.PALMETTO PAR ROAD GATES(TERM CONTRACT) BOCA RATON FL 33432 MULTIPLE PROJECTS FOR 21,572.67 THROUGH CITY OF CHAD HANCOCK ALL TYPE OF FENCE& OUT THE YEAR COCONUT CREEK 954 956-1426 GATES 5295 JOHNSON ROAD COCONUT CREEK,FL 73 STEEL FENCE AT LIFT STATION#86'' 49,957.00 05/02/2018 CITY OF POMPANO BE._CH BOBBY CLAYTON PO BOX 1300 954 592-0263 POMPANO BEACH FL 33061 FENCE AND GATE REPAIR AT 4,214.00 09/19/2018 CITY OF SUNRISE JACK HEYMERS UTILITY PLANT 41 10770 OAKLAND PARK ILVD SUNRISE FL 33351 954 741-2580 i CS 911 FENCE REPLACEMENT 24,197.00 04/09/2018 LAKE WORTH DRAINA E DISTRICT 13081 MILITARY TRAI JOE SPETLA DELRAY BEACH FL 334 4 561819-5593 i Total Amount for this Calendar Year must be greater than $135,000 $ 1,550,571.94 �s i i NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 Page 1324 of 1743 State of® FLORIDA County of BROwARD STEVE NESPOLI being first duly sworn, deposes and says that: 1) He is VICE PRESIDENT Of TROPIC FENCE INC , (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 4 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the j proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. i i ( Signed) Subscribed and sworn to before me (Title) _ STEVE NESPOLI VICE PRESIDENT This r day of 20 i My commission expires, tr�,'p, at�` a�:. LYNTILLEY Notary Public-State of Florida Commis7ion#GG 61 t 20 my Comm.Expires Feb 15,2021 G r; THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 27 Page 1325 of 1743 I ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) BROWARD SS COUNTY OF ) I, the undersigned hereby duly sworn; depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. r By: NAME - SIGNATBRE f to Sworn and subscribed before me this , J day of ' 20 Printed Information: STEVE iNESPOLI NAME VICE PRESIDENT TITLE NOT° PUBLIC, State of Flori a at Large _.........uuu,...... TROPIC VENCE INC [' COMPANY at�1YPGe�.': LY"-ILLEY....., Notary Public-State of Florida CoMMjSsi r?#GG 61124 r�OF f10;_ My C01M.Expires Feb 15,2021 "OFFICIAL NOTARY SEAL" STAMP i l THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 Page 1326 of 1743 I I fi 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? xx Yes No If Yes, please indicate by an "X" in the appropriate box; ( ) AMERICAN INDIAN { ) ASIAN i { ) BLACK i ( } HISPANIC ( x) WOMEN i { } OTHER (specify) { } NOT APPLICABLE i Do you possess a Certification qualifying your business as a Minority Owned Business? YES xx NO If YES, Name the Organization from which this certification was obtained and date: STATE OF FLOIRDA Issuing Organization for Certification 04/17/2019 Date of Certification i THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 r( Page 1327 of 1743 '' CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted.. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. .., l vendor's Si ature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 Page 1328 of 1743 i { i r PALM BEACHC T ECT R ENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. i r TROPIC PENCE INC ------------- CONTRACTOR NAME i By � � _ I aVENESPOLI L; Title: VICE PRESIDENT I P ' Date: j c I' i i s THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Page 1329 of 1743 r i i CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION STEVE NESPOLI , the VICE PRESIDENT of (Name of officer of company) (Title of officer of company) TROPIC FENCE INC located at IN64 NAV 21 STREET POMPANO BEACH FL 31069 (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: TROPIC FENCE INC i 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? `' Number: 3. Is the business registered with the Florida °YES NO Division of Corporations? � i I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local bus�ie ss. Print Name: STEVE NESPOLI Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: Active: Verified by: Date: i I I THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 Page 1330 of 1743 i r, G i CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 1 STEVE NESPOLI on behalf of TROPIC FENCE INC certify Print Name and Title Company Name that TROPIC FENCE 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 j Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 i Page 1331 of 1743 services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. TROPIC FENCE INC ' � . i COMPANY NAME SIGNATURE STEVE NESPOLI VICE PRESIDENT PRINT NAME TITLE l uu ; i r I' I i i' i THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 Page 1332 of 1743 i 1 I' NEW FENCING,REPAIRS,AND GATE OPERATORS BID No. 001-2511-20/EM iL SCHEDULE OF SUB-CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project The Bidder is further notified that all sub- contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract , general conditions. This page may be reproduced for listing additional sub-contractors,if required. License No.: Name and Address of Sub- Contract Percentage Sone of Work Contractor __ -,.. _......_....._.®.... —A.. . ° f_C1Ttt j NONE'rROPIC RENCE WILL DO ALL THE W4K ----------- .............. ----.............. I N { ._._._._ --------- —._._._._ ,._----- .,.,,,._ww........ _..__ ......... ....... ___..._. ,.. ....._.....�.............— i. 1` i Signature f _ _ �_� Date: 77 Title/Companyy10EPit ESMENT•rItOPICFENCE INC j Owner reserves the right to reject any sub-contkactor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determ'>nation as to the foregoing. i i THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 s I>ss i r "s 1 i Page 1333 of 1743 N 1 Pre-Bid Meeting Confirmation } BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS I BID NUMBER: 045-2511-191EM DATE: i e polf . k+A�as an authorized representative of: (Print Name and Tule of epr nt tive {hereinafter called the bidder} located at (Print Name of Company) U r[,3,Nqi confirms that said Company Address Bidder has visited the site of the work and has carefully examined the plans and specifications for such project and checked them in detail before submitting his bid or proposal. i L, SIGWT LJREbK,,COMPFANY DATE OF MEETING RE ES'ENTATI E NAMED ABOVE CII 5 EPRE`SENTATIVE p SIGNATURE FOR MANDATORY ONLY I( i Page 1334 of 1743 If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, EL 33426 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: bi TELEPHONE: SIGNATURE: i DATE: WE, the undersigned have declined to bid on your Bid No.: 001-2511-201EM to "NEW FENCING; REPAIRS;AND GATE OPERATORS" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid II We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications f' Unable to meet bond requirements Specifications unclear(explain below) Other (specify below) i REMARKS: 5` Page 1335 of 1743 i The City of Boynton Beach Finance/Procurement Services i 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561)742-6310 FAX: (561)742-6316 ADDENDUM No 1 DATE: OCTOBER 17, 2019 BID TITLE: NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-201EM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No 1 shall govern. Words in StFikethFough type are deletions from existingtext. Words in j69fit,gtype are additions to existing text. 1. The bid opening date remains as October 28, 2019 at 2:30 PM. The due date for questions has been moved to Otctef"21,'2t)19 at 5:f}t?P:M 2. Attachment (B & C) - The Electronic Bid Sheet has been updated per this Addendum. Use the new bid sheet to submit your bid it has been uploaded as a separate attachment to this document. The excel sheet is labeled " ddendmam No I A achmant. - Fence Bid Sheet". The price sheets are provided in Microsoft Excel (.xls) format. These electronic price sheets must be submitted with your bid response in order for your bid to be considered responsive. 3. 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: ii Inv PvL-E—CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 , BOYNTON BEACH, FL 33426 561,742-6061 PYLEJ@BBFL.US 4. METHOD AND BASIS OF AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level, 1 j Page 1336 of 1743 i Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, i reserves the right to accept or reject any or all bids for any reason whatsoever. The City further reserves the right to waive irregularities and technicaliti es and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. 11--is-the-intent I-0 . 1 eemtf�-Ieltw-p6 nwn bee ;- s-sdbmltt r-er t e-bi4bet_. n ttael nt Ya��ril aided--Pi`hE n y.. 1`t h"jd sheet "Atteiehment G"w! r. . ., tt tleeeommll �t o 1 erefrrftrt[ 1. e- awar,d-to-4h --total-ter i . Note 111JIM-1, Me eef9eideFed bid"mod wilnot eount toward youf-tot-81 of low iterne- !t is t t1 Ti bnfr�t ,f ,l }sQi °At t hptf 0 eryf't t(# c a i 5. The SCOPE OF WORK AND TECHNICAL REQUIREMENTS below replaces pages 15 through 19 of the original bid document. The grey highlighted areas are the material changes to the original Scope of Work and technical Requirements. General The following instructions are given for the purpose of guiding bidders in properly preparing their bads or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all the provisions herein contained. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog num ber is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR E QUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his proposal and to prove to the City that said product is equal to that specif ied and to subm it brochures, samples, product approvals, and/or specifications in detail on the item(s) submitted The Cita shall be the sole judge concerning the merits of the proposal submitted Llpl 511IT# Iil tTHI , B1Q SHALI. E 1N5 ALL`ED ICER T!H t QRII ', �J�I L I I ;t;O[DI=, LR S' ELATION Scope of Work 2 I Page 1337 of 1743 The City of Boynton Beach is seeking bids from qualified bidders to provide fence installation and repair for the city's various departments, in accordance with the terms, conditions, and specifications contained in this bid. Work requests may range from large projects with new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition), All word stili" omrnen`ce 1Q i}ay„s` fte'`ripf.raf`F?urchas girder. The contractor shall furnish and install all labor, materials and services as required per the plans and or specifications per project. j A. Fencing work includes but is not limited to- 1, o;1. All posts, post caps and post bases, top rails. bottom rails, tension wire, bar, band, fence ties, and bracing. 2, Fence fabric or wire, securing and tensioning devices and accessories 3. Manual Swin in [CHAD __ILINK�Gate and related hardware (including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 4. Manucell' INK and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 5. Manual-Cantilever (CHAIN LINK) Gate and related hardware (Including but not limited to pipe frame pieces and including in-fill chain link mesh and hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence m concrete. 6. Manual ISwtinolina tMECH.,A,eiWCAU a e and related hardware (including but not limited to gate, frame pieces, hardware material, all posts, hinges, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 7. N[anuaI_I3Ql1JinaJMECEANLQA1L and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, tracks, wheels, locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured in concrete. 8. I__Gate and related hardware (Including but not limited to gate, frame pieces, hardware material, all posts, pipe tracks, wheels (top and bottom), locking device, and hardware kit. Gate and Latch Post are to be sized properly for the applicable fence height. All posts shall be secured L in concrete. B. Non-Fencing but related work: Any electrical grounding, if required, will be done by others. C. Materials 1. Chain Link Fence Assembly d. Framework ASTM Al Q '(4t)'"` tetght o ASTM 1Q4 gtoUp 1c (40 Weight) Pip , hQt`tt p,g,lva d fo 1 81.0 "0 mi0im'um.' 3 I Page 1338 of 1743 i b. �hain..Link Fab,ri ;=, r AllGalvanrze wIre h Ii be 9 trc a O Q I c t di edI� rtiz+ d. 2. A## " riyl ciafaS ) I� il'''I�eli9� at t�`[ ,;,sigaliran#z$+ care r�vth �rit�yl Goatin thifi rr�als`wre equivdleeit,ta 6,=gauje; are not acceptable to the City, the City reserves the right to procure these additional services from other source(s), F. Swing Gate Post: Gate Leaf Width Post Outside Diameter To 6 feet inclusive 2.875" (3")-5.79 lbs/ft Over 6 to 13 feet 4.000" (4")-9.11 lbs/ft Over 13 to 18 feet 6.625" (6 5/8")-18.97 lbs/ft Over 18 feet 8.625" (8 5/8")-28.55 lbs/ft G. Brace Rail 1. 1,66" (1 5/8") outside diameter x 2.27 lbs/ft. 2. Swing, Roll and Cantilever Gate Frames Gates up tpoa 6' wide singl( leaf, sg)hshalla be 1.66 1 518") outside diameter x 2.27 lbs/ft hot dipped galvanized a pipes for interior and exterior of frame. For gates 6' — 12' wide single leaf, pipe shall be 1.90" (2") outside diameter x 2.72lbs/ft hot dipped galvanized (40 weight) pipes for interior and exterior of frame. 3. All Roll and Cantilever gates shall have nylon rollers 4" O.Q. x 2 1/" O.D. with I Illsafety covers. All gate posts shall be minimum 4" O.D. (eta hot dipped galvanized. H. Wire Pasture Fence 4" X 6" hot dipped galvanized field farm fence 48" tali with 4 strands of 12.5-gauge 4 barbed wire spaced evenly and overlaid on the fence. The top wire shall finish at 5' above finished grade. All brace post and end post shall be 8' x 3" to 5" diameter pressure treated round Southern Pine posts embedded 3' into undisturbed ground. All line post shall be 7' hot dipped galvanized (4 } T-posts imbedded 2' into undisturbed ground and shall not exceed 10' o.c. with silver top. All corner and mid-pole brace shall have 2 (two) consecutive H-braces and shall not exceed 310' o.c. from all end, corner, pull, terminal post of the inline fence run, all cross members shall be 6' 6" x 3"-5" pressure treated Southern Pine round posts. Brace wire shall be 12.5 gauge wrapped twice from the top of the first post to the bottom of the second post and from the top of the second post back to the bottom of the first post.. I� 1. Wooden Fence Wooden fences shall be made in the shadowbox style with pressure treated pine wood and be six-feet high. Any wooden gates shall be made of the same matching material. Hinges and opening availability wil' be determined by the City. J. Execution 1, Install terminal posts, line posts, and horizontal rails with brace bands, rail ends, rail sleeves, line post loop caps, tension bands, tension Mars, chain link fabric and gates, to provide a rigid structure for all fencing. Use manufacturer's standard hot dipped galvanized fittings, fasteners and hardware. 2. Space line posts uniformly, and 10' foot maximum on center of post. 3; het ail pots in 'cork"rete f�fings�..in� i� ....l r`1=1€r„„ B,.,uildirr `Ca w' lato;s 5 i i( 'i I Page 1340 of 1743 I Ed,ftion. 4. Set all posts plumb, and true to line and grade. Where grade changes gradually from post to post, grade the posts to provide a "roiling" effect and to avoid abrupt I changes in the top of the fence line. If abrupt changes in grade are encountered, accomplish them with the use of a terminal post, with the chain link fabric cut on a bias where necessary to provide tension over the entire height. 5. ' Set post& t4,within:6 ►nch rnrmU 'frt "ittr oaf t ite' fodfi€ s. Firiiti oiit trete as to pteuentY"al } tari't i;n`g'uuatbr,ar, ;t nd fhe fetY00' t t: 6. Position bottom of fabric 2 plus or minus inches above finished grade. 7. Pass top rail through line post loop caps and attach securely to terminal posts. 8. Install brace panels including top rail, horizontal brace rail and diagonal adjustable truss rod at each side of all end, corner, pull, terminal and gate posts. (project specific) 9„ in ta(f br , panes `►i� lud►ng `top 'r ►i, ilat► r�taN bac tail an X19 o al dt►� t bie`;tria s goo r#r rani d ;' currier;kr`pi►II, to`rfni�n l pp ,,,o,;,fk►e Inliri f r►ce ti t ri per Floe' a';`Builc n 'c�l u`.( sftecti`tion.;( Sr ject,s'{ cific) 10. Stretch chain link fabric taut between terminal posts. 11. Attach fabric to end, corner and gate posts with tension bars, and tension bands, using one less band than the height of the fabric in feet, or approximately 14" on center. _ 1ttG febtrc_tt}'h ► 4nti �#►f iItt1aUet 'p� I +Itf?f a[ ►I#11num ties paeed f2' t t► 4f1 , ► t d 'nd tb#e s►t �mire r�i►t `9 aug =t D ,ori yi or I rrn►i hog ring;aper b l rr e( . 4 rf►u tt, s,c n} Qter'1, 13. Attach fabric to line posts with 9-gauge O.D. vinyl or aluminum ties, using one less tie than the height of the fabric in feet, or approximately 14 inches on center, and tightly twisted i4t, -gauge bptta[t le", Jo tre'r` j1li lie nstalirtl ' f` i=�orla xiilfiiig`lo ,. is#apt ertiori#'ari`;feim►nade'it�etjr t „oartit, r,tt ►46i`xt, K. Gate Operators 1.. Provide and install Gate Operator and al! components, Operator shall be sized for the applicable gate height and weight. (gate can be either galvanized or alumwnum). 2. Repair existing city gate operators Emergency Fence Repairs: , iThofre►rgi contiactor shc�id bea a►I ble toa ' Cit} to 11 raluet any naedird repair tan ;,sq mit '`+` o 'uuathir►turd ay` fJsita t#sit j' Equipment(Labor/Materials All prices submitted are to include all labor, equipment, tools, and materials, for fencing projects. Permitting Permits to be determined at time of project. �i a Contractor Responsibility 6 i Page 1341 of 1743 ■ Contractor(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform at all times while working on City property. ■ Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following O.S.H.A Regulations. ■ Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. Points of Clarification: u 1. The awardee will only need to obtain General Liability Insurance. 2. Please use the new excel sheet attached to submit your bid. There are TWO tabs one labeled "Fence" and one labeled "Gates". Please fill in every unit price (The extended price should calculate automatically when you input your unit pricing). f' i I Thank you, j Eric Marmer Eric Marmer, MPA Senior Buyer cc: Finance/Procurement i' 7 Page 1342 of 1743 I The City of Boynton Beach FinemcelProcurelmemt Services 3301 Quantum Blvd.,Suite 101 Boynton Beach,Florida 33426 Telephone: (561)74.2-6310 FAX: (561)742-6316 • ACKNOWLE99EMENT OF ADDEND � NEW FENCING, REPAIRS, AND GATE OPERATORS BID NO.: 001-2511-201EM i RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I _ rzy PRINT NAME OF REPRESENTATIVE � IG ATURE OF REPPESENTATIVE NAME OF COMPANY DATE sF f THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8 i Page 1343 of 1743 FENCEPRICING(ATTACHMENT'B') ADDENDUM#1 BI D DU EDATE:October28,2019 BIDDUETlMF-:2:30PM BIDNo.:001=2511 201EfN 4FT.HEIGHTGALVANIZED - ITSM#t DESGRIPf(?fl UN1TPRIC) ESTIMAT€DQEIq U ItTOFMEASU EXTENDEDPRICE NTITY- RE *****ALLPRICESTOINCLBDELABOR EQUlPMENT,TOOLS,ANDMATERIALS***** a 4FeetHeightGaIva nizedFence,Complete. 1 UlLolOOL.F. ?6.00 2 104LFtol,000L.F. $45.00 3 Over1,000L.F. TERMINALPOSTSFOR4'H_IGHFENCE 4 with HaoWp 1$44.QO 5 ComerPostwithHookw) 13C.00 6 BraceandTruss_Assemb..' $1.00 5FT.HEIGHTGALVANIZE D ESTIM,+ TEDQUA UNITOFMEASI! ITE M# DESCRIPTION UNIT('RICE NTITY + R£ E�CTENDEDPRICE - _ L 5FeetHeightGalvanizedFence,Complete, t 7 U to100L.F. _ $16,00 8 -_- 101L,F.to1,OOOL.F. - $15.00 Boom 9 Overi,OOOL.F. $15.00 TERM INALPOSTSFOR5'HIG-IFENCE 10 EndPosiwithHookup 1$44.00 11 CornerPosiwlhHooku a 1$3000 12 _----_jBraceandTrussAssemWy 1$1.00 6FT.HEIGHTGALVANIZED ITEM# DESCRIPTION UNITPRICIr ESTIMATEDQU7a tJNITOFMEASU EXTENDEDPRICE f WiTY RE 6FeetHeightGalvanizedFence,Complete. 13 U to100L.F. $26.00 14 101L.F.to1,000L.F. -__- $14.50 15 Overt OOOL.F. $14.50 TERMINALPOSTS 16 EndPostwithHookuD 1$56.00 17 ComerPostwithHookup 1$70.00 18 BraceandTrussAssembl $38.00 8FT.HEIGHTGALVANIZED ITEM# DESCRIPTION UNITPRICE ESTIMATEbQUA UNITOFMEASUEXTENDEDPRflCE NT1TY RE 8FeetHeightGaivanizedFence,Complete, 19 UrAol00L.F. $34,00 20 101L.F.to1 OOOL.[ . $19.60 21 Over' OOOLY. $19.60 TERMINALPOSTS _ 22 EndPostwilhHooku 130,00 23 NarnerPostwithliookue 1$142.00 24 BraceandTrussAssembly $38.00 1 OFT.HEIGHTGALVANIZED ESTIMATEDQUA UNITOPAEASLl 4TEMr# DESCRIPTION UNITPRICE NTITY RE EXTENDEDPRICE 1 OFeetHeightGalvanizedFence,Com plete. 25 U WOOL,F. 36.00 I} 26 101 L.F.to1_-000L.F. A36.00 OEM 27 lOverl,OOOL.F. $32.00 TERMINALPOSTS 28 End PosiwithHooku $140.00 29 Aup Isimm 34 BraceandTrussAssembl $38.00 Page 1344 of 1743 is 1 OFT.HEIGHTGALVANIZED(TennisCourtONLY,9ga7-314"diamondmesh) Galvariizedwireshalibe -gaujWO.D.hotdippedgalvanizod. ITEM# DESCRIPTION UNITPRICE ESTINIATI;DpMJA UIVTTOFT�fEASU EXTENDEDPRICE NTiTY RE 10FeetHeighlGalvanlzedFence,Complete. 30a _ U to10GL.F. 5390) 30b 101L F.tol,;000L,F, $39.ci0 300 Ove-1,000L.F. _ - $3500 TERMINALPOSTS — 30d EndPostwithHooku $140.00 30e Corne;Postw=#hHooku a 1$193.00 30f Traeean iTrussAAssembl $39.00 i I I' l j P; i I' II' Page 1345 of 1743 i 12 F T.H E I G H TGALVAN IZE D ESTIMATEDQ�lA ITEM# DESCRIPTION UWUNITOFMEASUITPRICE NTITY RE E?CTENDEDPRIGE 12FeetHeightGa avanizedFence,Complete. 31 U,tol00L.F. _ $38.00 32 101L.F.tol,000L F. $36.0 33 Overl,000LF. $36.00 MENNEN= TERMINALPOSTS 34 IlEndPostwithHcokup $140.00 35 ComerPostwithiiookua _ $193.00 36 6raceandTrussAssemWEAV-i8 AO 4FT.HEIG HTVINYLCOATED ESTIMATEDOUA UNITOFMEASU' ITEM# DESCRIPTION UNITPRICE NTITY RE EXTE�IDEI�FRICE 4FeetHe1htFeoce•Com rete. 37 UptolOOL.F. $_18.00 38 101L.F.to1 COOLF. $14.00 39 Overt 000L.F $13.00 TERMINALPOSTS _ 40 EndPostwilhHookui $6Q.00 41 CornerPostwith Hookup JIF39.00 42 113raceaaffrussAssembly $i.00 5FT.HEIGHTVINYLCOATED ESTIMATEDQUA UNITOFMEASU ITEM# QESCRIPTION QNITPRICETITY RE 1;tTENTlEDFRICE 5FeetHeil htFence,Com fete. 43 U to100L.F. $15.D0 44 101 L.F.tol a000L.F. $14.00 45 Overt OOOL.F. $13.00 TERMINALPOSTS 46 riEndPostwithl-lookue 1$60.00 47 CornerPostwithHookuS $69.00 48 3embiX, Is1.0C 6FT.H EIGHTVINYLCOATED ESTIMATEaQUA UNITOFMEASU ITEM# DESCRIPTION UNITPRICE NTITY PE EX7ENAEDPRICE 6FeetHei htFence Com tete. _ 49 - U+to100L.F. _ $29.00 50 101 L.F.to1 000L.F. 21.00 51 Ove x1,000 L.F. 21.00 TERMINALPOSTS 52 EndPostwith Aooku _ $56.00 53 jGornerPosWithl-looLug 1$76.00 54BraceandTruszAssembl $43.00 SFLHEIGHTVI NYLCOATED ITEM# DESCRIPTION UNITPRICE ESTIMATEDQUA UN'T05MEASU EXTENDEDPRICE _ NTITY RE SFeetHei htFence.Com lete. 55 U,tol ooL.F,_- $36.0 56 101L.F.toi 000L.F. $25.00 57 j0verl,000L.F. $23.00 TERMINALPOSTS 58 ELndtwithHookua $130.00 P59 $142.00 I= 60 jBraceandTrussAgsemblkl $40.00 L, i l� Page 1346 of 1743 1' 10FT.HEIGHTVINYLCOATED ITEIVI# DESCRIPTION UNITPRICE ESTIMAT£DQUA UNITOFMEASU EXTENDEDPRICE NTITY RE 10FeetHei htFence Com fete. 61 -__ U tolOOL.F. $38.00 62 101 L.F.to1 000L.F. $37.00 63 Over1,000 L.F_ 1$34.00 TERMINALPOSTS 64 EndPostwithHooku $130.00____ 65 CornerPostwithHooku $142.00 66 BraceandTrussAssembl $40.00 ME 1 OFT.HEIGHTVINYLCOATED(TennisCourtONLY,1-314"diamondmesh) Vinylcoatedwi reshalIbe9-gaugeO.D.gaIva nizedcorewithvinylcoati ngthatmakeswireequivalentto6-gaugeO.D, ESTtMATEDQtJA UNITC)FMEASU ITEM# DESCRIPTION UNI7RtCE ETENDEDPRICE NI(Ty ; RE , 10FeetHei htFence Com ete. 61a U tdl00L F. $41,00 61b 101 L Fto l A00LF. $40.00 61c Over1,000[F. $37 00 TERMINALPOSTS 61dEndPostwiChHoaku'm $130.00LIM 6le jCarmerPostwlhHookup $142.00Imli 61f raceandTrussAssembi $40.40 12FT.HEIGHTVINYLCOATED MOF--- ITEM# DESCRIPTION UNITPRICE ESTI AT GIUA llffEXTENDEDPRICE �Fom lete.eetHei htFenee,C - - NTITY �, ' RE 9 67 ULAMOOL.F.- $40.00 68 1 D1 L.F.tot 000L.F. $39.00 69 Overl-MOL.F. - TERMINALPOSTS 70 lEndPostwithHookup 1$130.00 71 jcornerPostwithlookuL 1$142.10 72 BraceandTrussAssembl: $40.00 _ 5FT.HEIGHTPASTURE ESTIMATEDQUA UNITOFMEASU ITEM# DESCRIPTION UNITRRICE NTITY RE EXTENDEDPRIGE f i 5FeetHeightPastureFence,Complete, 73 U to100L.F. $12.00 74 101 L.F.tal 000L F. $8,00 75 11,001 L.F.to5,000L.F. $8.00 76 Over5,0o0L_F. -_ $7.00 TERMINALPOSTS 77 FndPostAssembt l 00.00 78 10ornerPostAssembly $225.00 wallfffiam- 79 °H"BraceAssembl $225.00 DEMOLITIONANDDISPOSAL ESTIP�IAT£DQUA ITEM# DESCRIPTION UNITPRICE UNITOFMEASU MTITl RE ENt}£DRRICE REMOVAL4FT.FENCE 80 jUptpl00LF, 1$6.(O 81 1101L.F.to1000LF. $4.00 82 '0ver1 OODL.F. REMOVAL6FT.FENCE 83 Untol00L.F. 1$6.00 84 __ 1D1L.F.to1 00DL.F. $4.00 SS Dvert OOOLF. 4.OD �' REMOVALSFT.FENCE 86 jUptolooL.F. 1$8.00 87 101_L.F.tol 000L.F. 1$6.00 88 Overl OOOL.F. Is6m REMOVALIOFT.FENCE 88 U:to100 L.1. $8.00 i, 90 101 L.F.to 1 000L.F. $6.00 91 Overt 000L.F. REMOVALI2FT.FENCE t Page 1347 of 1743 'C I I 92 ULto100L F. $8.00 93 1101 L.F.toi,000L.F. 94 Overi 000-L-F. 1 i i Y f; IIS i 5 i{ I' Page 1348 of 1743 FADDITIONALITEMSESTIMATEDQUA UNITQFMEASU DESCRIPTION UNITPRICE NTJTY RE EXTENDEDPRICE 95 JnsiallMiddleRaI L:F. $4.25 96 Install Bottom RarlL.F. 97 6- $28.00 j FootWcodernFence€nstalfationL.FShadowbo LABORRATESFORANYTHINGADDITIONALNOTINCLUDEDINBID FENCINGONLY ITEM# DESCRIPTION. RATE Eek k EsL'Q _ - E}tTENL7Et7-PR.iCE. 98 FenceMechanic $65.00 99 LaborerlHel er 55.00 999 MaterialMark-u' 25 MECHANICALFENCE ITEM# DESCRIPTION tlNITPRICE E5T1<i11ATEDQUA UNJTOFMEASU EXTEtIDEC3Pf ICE NTITI RE J. 5FT.HEIGHTMECHANICAL(ALUMINUM) 100 5'H€ghAlumin umMechanical Fencingwithpost $36.00SEEM s2rai11 REPAIR- 101 $100100 IN 11 (2raill $100,00 5FT.HEIGHTMECHANICAL(GALVANIZED) 102 5'H giiGalva nizedMechanical rencingwithpus $36.00 is 2rall RFPAtR iO3 $100,00 t 5'Hi hGalvanizedMechanicalFencin 2rall _ 6FT.HEIGHTMECHANICAL ALUMINUM 104 6'HighAluminumMechanicalFencingwithpost s'3rail" $42..00 i R LPAI R= 1056'Hi'hAluminumMechancalFencing(3raiij $100'00 . NONE= 6FT.HEIGHTM ECHANICAL(GALVANIZED) 106 6'HighGaIva nizedMechanical Fencingwithpos $42.00 ts(3rail) REPAIR- 107 6'Hi hGalvanizedMechanicalFencin• '3raill $100.00 Milo O p ene daridtabu la ted by: Witnessedby', rr f' (s y Page 1349 of 1743 FENCE GATES AND OPERATORS (ATTACHMENT'C') ADDENDUM#1 BID DUE DATE:October 28,2019 BID DUE TIME:2:30 PM BID No.:001-2511-201EM f 4 FT. HEIGHT GALVANIZED ITEM# DESCRIPTIONUNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY ME,4SLIRE PRICE """ALL PRICES TO INCLUDE LABOR,EQUIPMENT TOOLS AND MATERIALS--- 4 Feet Height Galvanized Fence,Complete._, GATES-SINGLE SWING 1 4 Ft.Wide Gate O enin $450.00_ 25 Ft.Wide Gate QLeninq $475,00 3 _ 6 Ft._Wide Gate O en $700,00 48 Ft.Wide Gate Ogenkid $400.00 5 _ 10 Ft.Wide Gate O 5 in 400.00 6 112 Ft.Kde Gate O nin $450.00 - I GATES SINGLE ROLL 7 16 Ft.Wide Gate ODeninc 880.00 8_ — — 20 Ft.Wide Gate O eOn 1.100.00 1 11 9 24 Ft Wide Gate Opening_ $11320,00 10 _ _ Im Ft.Wide Gate O ent_n_ 1,650.00 GATES,CANTILEVER - r 11 16 Ft.Wide Gate Openinj $2.300.09 12 20 Ft.Wide Gate Ooenin: $2 880.00 13 _ 24 Ft-Wide Gale OOnnin 3 480.00 y 14 30 Ft Wide Gate Oeenin $4,350.00 5 FT. HEIGHT GALVANIZED } ESTIMATED UNIT OF EXTENDED ITEM# DESCRIPTION UNIT PRICE QUANTITY MEASURE PRICE 5 Feet Height Fence, Complete. GATES-SINGLE SWING _ 15 4 Ft.W`de Gate O enin• 450.00 16 5 Ft.Wide Gate Openinj $475.00 17 _ 6 Ft.Wide Gate Openina $700.00 18 8 Ft.Wide Gate O •enin $400.00 19 10 Ft.Wide Gate_O mine $400.00 20 12 Fl.Wide Gate O'enin 450.00 amp GATES S'NGLE ROLL 21 16 Ft.Wide Gale 0,)enipq $880.00 22 20 F1_Wide Gate O ening $1,100.00 23 -- 24 Ft,Wide Gate O enin — _$1,320,00 24 30 Ft.Wade Gate O`pninr. $1 650.00 GATES,CANTILEVER 25 16 F'.Wide Gate O.enin $2.300.00 26 120 Ft.Wide Gate Ojmnirij, $2,880.00 27 124 Ft.Wide Gate Opening $3,480.00 28 30 Ft.Wide Gate O°enin 4 350.00 i li i i ,j i( I i Page 1350 of 1743 6 FT. HEIGHT GALVANIZED ITEM# DESCRIPTION UNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE i 6 Feet He?ght Fence, Com^fete. GATES-SINGLE SWING _ 29 4 Ft.Wide Gate 02ening 30 _ 5 Ft.Wide Gate O enin 31 6 Ft,Wide Gate O en;ng 32 8 Ft Wide Gate Olenln 33 10 Ft.Wide Gate 0=enin• 44 12 Ft.Wide Gate O enin:___ _--too GATES,SINGLE-R L aLL -_- 32 16 Ft.Wide Gate D nin $880.0 33 207Ft. ide Gate O enin34 24ide date O snin $1,320.00 35 30 Ft.Wide Gate O enin $1,650 00 GATES-CANTILEVER 33 16 Ft,Wide Gate_QEenfn2 1$2,300.00 34 20 Ft.Wide Gate Opening 1$21880,00 35 24 Ft.Wide Gate O enin' $3 480.00 36 30 Ft.Wide Gate,, enin: $4 350.00 8 FT. HEIGHT GALVANIZED ITEM# DESCRIPTION UNIT'MICEESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 8 Feet Height Fence, complete. GATES-SINGLE.SWING 29 4 Ft.Wide Gate O aeni : $900.00 30 5 Ft.Wrde Gate O enin $900.00 31 6 Ft.Wide Gate O`enin $900.00 32 8 Ft Wade Gate ODeniw600.00 33 10 Ft-Wide Gate 02ening $1.500,00 44 _ 12 Ft.Wide Gate O enin $1 800.00 GATES SINGLE ROLL 32 16 Ft.Wide Gate 000nin $860,00 33 20 Ft.Wide Gate O nln $1,100.00 34 24 Ft.Wide Gate-Oaenin $1 320.00 MEN= 35 30 Ft.Wide Gate Oenin 1,650,00ii GATES,CANTILEVER 33 L24 Ft.Wide Gate Do&nih $2,300.00 34 Ft.Wide Gate D eiin $3.400.00 35 Ft.Wide Gate 02ening $3,480.00 36 30 Ft.Wide Gate O enin $4,650.00___ -_ 10 FT. HEIGHT GALVANIZED ITEM# DESCRIPTION UNIT PRICE i ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 10 Feet Height Fence, Complete. GATES-SINGLE SWING _ 37 4 Ft.Wide Gate O enin. $900.00 38 5 Ft.Wide Gate O •enin: 1900.00 39 6 Ft.Wide Gate Oeening $900.00 i 40 8 Ft.Wide Gate O,•enin• - $600.00 41 _ - 10 Ft.Wide Gate Ogening 1,500.00 I 44 12 Ft.Wilde Gate 0nenin.2 $1,_800.00 GATES SINGLE ROLL _ __ 40 16 Ft,Wide Gate 0;7eninq $880.00 41 20 Ft.Wide Gate O,`enin §1j00,00 42 24 Ft.Wide Gate O n n $1,320.00 43 130 Ft.Wide Gate O „in $1,650.00 GATES,CANTILEVER _ 41_ 16 Ft.Wide Gate O enin 2 300.00 42 20 Ft.Wide Gate Opening $3,400.00 43 24 Ft.Wide Gate Orsenin $2,400.00______ 144 30 Ft.Wide Gate O enin $2 600.00 Page 1351 of 1743 ;; 10 FT. HEIGHT GALVANIZED (Tennis Court ONLY, 9ga 1-314" diamond mesh) Galvanized wire shall be 9-9auge O.D.hot dipped galvanized. ITEM 9 DESCRIPTION UNIT PRICE ESTIMATE=D UNIT OP EXTENDED QUANTITY MEASURE PRICE 10 Feet Height Fence, Corn tete- —_ ---- a GATES-SINGLE SWING 44a 4 Ft,Wide Gate OeajinA $990.00 44b 5 Ft.Wide Gate 0 nin $990..00 44c 6 Ft.Wide Gate O,emn $990 0 44d 8 Ft.Wide Gate Q`enin $660.00 44e 10 Ft.Wide Gate Oaenin $1,650.00 44f 12 Ft.Wide Gate Ogenln_ $1 980.Oq GATES,SINGLE ROLL 44 16 Ft.Wide Gate Opening 968.00 44h 20 Ft,Wide Gate Ogening 1$1,210,00 44i 24 Ft Wide Gate O linin $1,452.00 44' 30 Ft,Wide Gate O eni4 $1,815,00 __ GATES,CANTILEVER 44k 16 Ft._W de Gate O enin 2.530.00 441 20 Ft.Wide Gate Opening__ $3,740.00 44m _ 24 Ft.Wide Gate Opening $2,640.Oq 44n 3q Ft.Wide Gate Opening $2,860.00 I G i t i li If ii II Page 1352 of 1743 12 FT. HEIGHT GALVANIZED ITEM# DESCRIPTION UNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 12 Feet Height Fence, ,Complete. GATES-SINGLE SWING 45 4 Ft.Wide Gate Oqenint $900.00 46 5 Ft.Wide Gate ODaging $900.00 47 6 Ft.Wide Gate O;tenin: _,$900.00 48 8 Ft.Wide Gate O en nj $600.00 r. 49 10 F1.Wide Gate CiEeniflg $1 500.00 50 12 Ft._Wide Gate O emn $1.,800 00 GATES SINGLE ROLL 51 _ 16 Ft.Wide Gate O enin $880.00 52 20 Ft.Wide Gate O enin $1.100.00 53 24 1=t.Wide Gate Opening $1 320.00 54 30 Fi.Wide Gate O enin 1 650.00 ._. GATES,CANTILEVER _ 55 16 Ft.Wide Gate 0 enin $2300.00 56 20 Ft.Wide Gate O nin: $3,400.00 57 24 Ft.Wide Gate O nin $2,400.00 58 30 FL Wide Gate O nin_ $2.600.00 4 FT. HEIGHT VINYL COATED ITEM 4 OESCRIPTiON UNIT PRICEESTIMATED UNIT OF EXTENDED C16ANTI TY MEASURE PRICE 4 Feet Height Fence, Com fete. GATES-SINGLE SWING 59 4 Ft.Wide Gate O anin• $517.50 60 5 Ft.Wide Gate O penins 546.25 61 6 Ft.Wide Gate OLening $805.00 62 8 Ft.Wide Gate O`enin -__ $460.00 63 10 Ft.Wide Gate O.rPnin: $460.00 64 112 Ft.Wide Gate O nin $517.50 GATES,SINGLE ROLL 65 _ 16 Ft.Wide Gate O _enin $1,012.00 66 20 Ft.Wide Gate O enin §1,2f5.00 67 24 Ft.Wide Gate Openin _ $1,518.00 68 180 Ft.Wide Gate O_ enin $1 897.50 -_ GATES,CANTILEVER 69 16 Ft.Wide Gate OperLr4 1$2,645.00 70 20 Ft.Wide Gate Opering 1$3.312.00 71 24 Ft.Wide Gate Opening 1$4,002.00 72 30 Ft.Wide Gate O en_n•: ]$5.002,50 j t ill Page 1353 of 1743 5 FT. HEIGHT VINYL COATED ITEM# DESCRIPTION UNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 5 Feet Height Fence, complete GATES-SINGLE SWING 73 4 Ft._Kde Gate Q enin $517.50_ 74 5 Ft,Wide Gate O nin $546,25 75 6 H.Wide Gate O,enin g $805.00 76 8 Ft.Wide Gate Onenin $460.00 77 10 Ft,Wide Gate O enin $460.00 78 _ 12 Ft.Wide Gate O -iin- $517.50 GATES SINGLE ROLL 79 16 Ft.W,de Gate O nin: $1012.00 80 20 Ft.Wide Gate Opening: $1,265.00 81 24 Ft.Wide Gate Opening $1,518.00 82 _30 Ft.Wide Gate O enin $1_„897.50Igg GATES CANTILEVER --- - .. - 83 16 Ft.Wide Gate OaftLin_(I $2.645.00 84 20 Ft.Wide Gate, $3.312.00 85 24 Ft,Wide Gate oaen_ng $4 002.00 86 30 Ft.Wide Gate O��ninr $5,002.50 6 FT. HEIGHT VINYL COATED ITEM# DESCRIPTION UNIT PRICE� ESTIMATED UNIT OF EXTENbEp QUANTITY MEASURE PRICE 6 Feet Height Fence, Complete. GATES-SINGLE SWING 87 _ 4 Ft.Wide Gate O)enin - 1,035.00 88 5 Ft.Wide Gate Okanin2 $1,035.00 _ 89 6 t Wide Gate Opening $1.035.00 90 _ 8 Ft.Wide Gate O enin{ 690.00 91 10 Ft.Wide Gate OveninQ $747.50 92 12 Ft.Wide Gate O enin° _ $517 50 GATES,SINGLE ROLL 93 16 Ft.Wide Gate Onanin $1,012.00 94 20 Ft.Wide Gate Oqenin $1,265.00 i __— 95 _ _ 24 F1.Wide Gate_OLpninq $1,518.00 96 30 Ft.Wide Gate OnmnjnA ,897.50 GATES,CANTILEVER _ 97 16 Ft.Wide Gate Openip $2,645.00 98 20 Ft.Wide Gate O'.enin $3,312.00 99 24 Ft.Wide Gate O nin $4,002.00 100 30 Ft.Wide Gate O~enin $5009 50 I, Ii Page 1354 of 1743 i i 8 FT. HEIGHT VINYL COATED ITEM# DESCRIPTION UNIT PRICEESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 8 Feet Height Fence, Com lete. GATES-SINGLE SWING 101 4 Ft.Wide Gate O enin_ $1.0,35.00 102 5 Ft.Wde Gate O enin $1,035.00 103 6 Ft.Wde Gate O enin $1,035.00 104 8-Ft.-Wide Gate O enin $690.00 105 10 Ft Wide Gate O m;n _ $1,725.00 106 12 Ft.Wide Gate Qptnina $2,070.00 GATES,SINGLE ROLL 107 116 Fi.Wide Gate O•enin $1 012.00 108 120 Ft.Wide Gate O nin $1,265,00 109 24 Ft.W de Gate 0 nin $1 518.00____ 110 130 Ft.W'de Gate O nin 1,897.50 GATES,CANTILEVER ill 16 Ft.Wide Gate 0 enin $2,668,00 112 20 Ft,Wide Gate O enin $3,910.00 113 24 Ft.Wide Gata 0 enin 4 D02.00 114 30 Ft.Wide Gate OeerirR $5,347.50 10 FT. HEIGHT VINYL COATED ITEM# DESCRIPTION UNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE 10 Feet Height Fence, Com lete. _ GATES-SINGLE SWING 115 4 Ft.Wide Gate 0,en in $1,035.00 __ - 116 5 Ft.Wide Gate O'enin 1 035,00 117 6 Ft Wide Gate 0,r2nin $1„035.00 118 8 Ft:Wide Gate O enin^ $690.00 119 _ 10 Ft.Wide Gate O enin 1 725,00 120 112 Ft.Wide Gate O enin_ $2070.00 GATES SINGLE ROLL 1-21 16 Ft.Wide Gate_Oenin $1,012.00 [ 122 20 Ft.Wide Gate O enin §1,265.00 123 24 Ft.Wide Gate 124 30 Ft,Wide Gate O enin $1.897.50 GATES,CANTILEVER 125 16 Ft.Wide Gate O enn $2 668.00 126 20 Ft.Wide Gate Oven=n $3 91000 127 24 Ft.Wide Gaie O`enin._ 2 760.00 128 30 Ft.Wide Gale O en tt $2 990.00 --- - 10 FT. HEIGHT VINYL COATED (Tennis Court ONLY, 1-314” diamond mesh) Vinyl coated wire shall be.,9agauge O.D.galvanized core with vin l coating that rn kes wire a ulvalant to 6-gauge O.D. ITEM# DESCRIPTION UNIT PRICE ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE r 10 Feet Height Fence, 1' Complete. GATES-SINGLE SWING 128a 4 Ft.Wale Gate 0 enin 11138.50 128b 5 Ft.Wide GateOE2n!29, $1 138.50___ 128c 6 Ft.Wide Gate Opening $1,138.50 128d __ 8 Ft.Wide Gate O nin- 759.00 128e 10 Ft.Wide Gate O"venin $1,897.50---- 128f 12 Ft-Wide Gate daenfn< ___1$2,277.00 GATES,SINGLE ROLL _ 128 16 Ft,Wide Gate Opening $1„113.20 128h 20 Ft.Wide Gate 0 enin 1,391.50 128: _ 24 Ft.Wide Gate O.�ninr 1 669.80 128': 130 Ft.W,de Gate 0 enin $2 087.25 GATES,CANTILEVER 128X 116 Ft.Wide Gate O enin__ $2 934.80 128! 120 Ft.Wide Gate 0 7enin. 1$4,30 1.00 128m 124 Ft.Wide Gate O enin 31036.00 128n 130 Ft.Wide Gate O nin 3,269.00 I If Page 1355 of 1743 r 12 FT. HEIGHT VINYL COATED ITEM# DESCRI',PTION UNIT PRIG ESTIMATED UNIT OF EXTENDED [QUANTITY MEASURE PRICE i 12 Feet Height Fence, Com tete. GATES-SINGLE SWING 129 _ 4 Ft.Wide Gate O enin 1,035.00 130 5 Ft.Wide Gate O enin $1 035.00 131 6 Ft.Wide Gate O enin s.1,035.00-_- 1U 1035.00132 8 Ft.Wide Gate Op enin: 690.00 133 10 Ft,Wide Gate O emin $1,725.00 134 _ 12 Ft.Wide Gate O enin $2 n70A0 GATES,SINGLE ROLL I, 135 _ 16 Ft.Wide Gate O nil $1,01200 136 20 Ft.Wide Gate 0 ntti $1 265.00 137 24 Ft.Wide Gate O nin $1 518.00 136 30 Ft.Wide Gate O enin $1 897.50 GATES,CANTILEVER 139 16 Ft.Wide Gate Openb2 $2,645.00_ 140 20 Ft.Wide Gate O enin $_3.910.00 14' 24 Ft Wide Gate O en 2,760.00 142 30 Ft.Wide Gate Openin $2..990.(i0 5 FT. HEIGHT PASTURE ITEM# DESCRIPTION UNITPRICE' ESTIMATED UNIT OF EXTENDED QUANTITY MEASURE PRICE — 5 Feet Height Pasture Fence, Com lele. GATES,_SINGLE SWING 143 4 Ft.Wide Cattle Gate $400.00 144 6 Ft.Wide Cattle Gate 1600,00 145 8 Ft Wide Cattle Gate $500.00 146 10 Ft.Wide Cattle Gate $650.00 =mom LABOR RATES FOR ANYTHING ADDITIONAL NOT INCLUDED IN BID) AGATES ON EXTENDED ITEM# DESCRIPTION RATE Est.Qty Est.Qty ; PRICE - 147 — Fence Mechanic $65.00 148 LaborerlHel er $55.00 i48a Material Mark-u 25 !f r, i 1 Page 1356 of 1743 1 MECHANICAL FENCE NIT OF EXTENDED ITEM# DESCRIPTION UNIT PRICE ESTIMRTEA ' UI i QUANTITY MEASURE PRICE 5 FT. HEIGHT MECHANICAL (ALUMINUM) 5'High A#uminum Mechanical 149 Fencinj(Single Gatos____ $850.00 5'High Aluminum Mechanical 150 Fencin Double Gate) $1'200'00 5 FT. HEIGHT MECHANICAL GALVANIZED) 151 5'High Gzed Mechanical $85000 Fencing(S nc I e Gate) 5"High Galvanized Mechanical 152 FencingDouble Gate) $1,200.00 6 FT. HEIGHT MECHANICAL ALUMINUM 6'high Aluminum Mechanical 153 Furacin Sin le Gate $950.00 154 e'High Aluminum Mechamcal $1,500.00 l Fencing tDouble Gate 5 FT. HEIGHT MECHANICAL GALVANIZED 6'High Galvanized Mechanical 155 —Fencin 'Sin Ie Gate) $950-00 6'High Galvanized Mechanical 156 >encin Gate) $1,500.00 GATE OPERATOR NEW INSTALLATION Mark-"*Hourly E iENI E�O ITEM# bE✓ CRIPTIOI Rate Est,Q � Est.Qiy, pRl+wE 157 Gate Operator(Material+Mark 25 u 158 LaborerlHel er 1$125.00 GATE OPERATOR REPAIR ITEM# DESCRIPTION Mark-up/Hourly Est.Qty Est.Qtl EXTENDED _ Rate PRICE 157 Gate Operator Repair(Material 25 +Mark-up) LaborerlHel r $125,00 IA i Opened and tabulated by: Witnessed by,, i. i i i i i I i'. �I G Pi Page 1357 of 1743 f State of Florida DepartmentState o� I certify from the records of this office that TROPIC FENCE, INC. is a corporation organized under the laws of the State of Florida, filed on January S, 1986. The document number of this corporation is H93403. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniforin business report was filed on March 15, 2019, and that its status is active. I further certifythat said corporation has not filed Articles of Dissolution. p Given under may hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-sixth day of August, 2019 c I 7 i' 1 Secretary of State Tracking Number:5729504010CU To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication s { i Page 1358 of 1743 } TROP112 .d1CQRL�" � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOrmY)0812012019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER 561-686-2266 O 4CT Jessica Carle Brown&Brown of Florida,Inc PHONE 569.686-2266 FAX 561-686-2313 1661 Worthington Rd,Suite 175 AIC;No,Ext; - (AIC,No): West Palm Beach,FL 33409 ar -wp .corn Michael Vega,CRIS NAIL q INS�IRER'SIAFFOR"19 COM wsURERA.Ohio Security Ins Company INSURED Tropic Fence Inc. IN,SU,RFR�:Ohio Casualty Insurance Co 24074 1864 NW 21 si St �� Pompano Beach, FL 33069 15�, FfVA Mutual Insurance Co 10385 NSURER-D,Federal Insurance Company 20281 INSURER E: INSURER F _ - R S -PERTIFICAIE NUMBER:, -_ SIO MBER: --THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS ONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4N6R - - - - -- -_- LU7R� ----- __- POLICY EFF PO ICYP P TYPE OF INSURANCE POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENS'� .. 1 000,000 CLAIMS-MADE [ X]OCCUR Y1BI(S655781329 08/21/2019 08/21/2020 pA`M GE Q RENTED 300,000 wk? tE o1J- -( X BIIPD Ded$250 MSP EXC An, e Tltnn.Ia.. 15,400 PES OCA NA N�QU ItdJU,RY 1, 0,000 04 GEN'LAGGREGATE LIMITAPPLIES PER: N Eitl032HGATE 2,000,000 POLICYPRO F�LOC _CT�_G, QMR0PAGG_ 2,000,000 JECT +4 AUTOMOBsLELIABILITY OMBINEDSINGLE !MIT S 1,000,000 X ANY AUTO ;BAS55578829 08/21/2019 08/21/2020IN , -Y JURPer see son OWNED SCHEDULED I- AUTEO'S ONLY AUTOSSWN B ' Y I�,URUPer acunt de X,AUTOS ONLY X-'A�OS ONLY aEA AMAGE__ — S S (• B X UMBRELLA LIAB X OCCUR _EACH OCCURRENCE 3,000,000 EXCE65LlAB CLAIMS-MADE US02055578829 0812112019 08121/2020 AGGRE=GATE 3'000'000 DED X RETENTIONS 10000 FD WORKERS COMPENSATION AND EMPLOYERS'LIABILITY - " 0,000 ANYPROPR?ETORIPARTNERlEXECUTIVE YIN C64000226342D19A 0$12112419 08/21/2420 „E.L.EACHACCIDENT _, -�-- — 40000 I.... F.1_FR1MEM8 EXCLUDED4 ❑N N l A (Mandatory in !..QI, EA EMPLOYE. If es,describa under P I(uY LI T > 500,000 P TIC? belaw -. ` - --LeasediRented 45464893 0812112019 08!2112020 150,000 Ded$1,000 Equipment i DESCR"PTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Boynton Beach is included as Additional Insured with respects to General Liability as required by written contract. CERT! CA CELL 10 - BOYBEAC SHOULD ANY OF THE ABOVE DESCRIBE0 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach PO Box 310 Boynton Beach,FL 33425 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) O 1988-2415 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1359 of 1743 f w je— 'fine` , _. . s Certification TROPIC FENCE INC. Is certidied under the provisions of 287 and 296.187, Florid Statutes,s,;for a period from � 04/17/2019 Ito 04/17/2021 I J�r�slr= F . .a+:er, �4t�lar Flulill Dopmt-'T ill Of kowwa meat utl icon, s' uir,6. or 5tipoer L)wprsity AU'- t spIBiv,�de'd1.w, ytne Jdv+ liilkaklssr:e, t s t Page 1360 of 1743 �� 8.A. PUBLIC HEARING 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-038 - SECOND READING -Approving BIRD Property Future Land Use Map amendment (LUAR 19-004)from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification. City-initiated. PROPOSED ORDINANCE NO. 19-039 - SECOND READING -Approving Bird Property Rezoning (LUAR 19-004)from the Palm Beach County's Light Industrial (IL) zoning district to the City's M-1 Light Industrial zoning district. City-initiated. EXPLANATION OF REQUEST: The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels —the other being a Palm Beach County School District property—occupying a small Palm Beach County enclave. After the School District's parcel was annexed on October 5th, the City invoked regulations of Section 171.046, F.S., to execute an Interlocal Agreement (ILA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was City-initiated, the land use amendment and rezoning did not have to be processed concurrently. The postponement was initially due to the interpretation of state statutes, requiring a property owner to connect an onsite sewage treatment system to a publicly owned sewerage system, if available. Presently, a connection to the City's sewer service is not deemed to be a requirement for the property's reclassification and rezoning from the County's to the City's future land use and zoning categories. The connection will be reconsidered upon application for site improvements in the future (none are currently planned). The Industrial (1) future land use classification, and the M-1 zoning district proposed for the property reflect the initial recommendations considered at the time of annexation and based on the following: • The subject request does not propose a change in the type of the future land use and zoning designations of the property as they would remain industrial; it would merely replace the existing County's industrial FLU classification and zoning with the corresponding City's industrial FLU and zoning. • The subject request is consistent with the City's strong position—set forth in the Comprehensive Plan—in support of retaining and, wherever possible, increasing industrially-designated land. The current use of the property is permitted in the proposed M-1 zoning district. Existing nonconformities, if any, will remain legal and only addressed in the context of future applications for site improvements. Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Local Retail Commercial (LRC) classification; Page 1361 of 1743 the zoning of the BJ's is Planned Commercial Develoment (clearly not an option here), while the Boynton Plaza is zoned C-3. The LRC FLU classiffication and C-3 zoning would mean downzoning of the property, and making the existing use nonconforming. Moreover, the site's location and limited accessibility would restrict opportunities for commercial development. Potential land assembly with the post office property to the north may create such opportunites in the future. The Planning & Development Board at their September 24, 2019 meeting recommended approval of the requests. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: No fiscal impact ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Land Use Amendment for I RD Property D Ordinance Ordinance approving rezoning of B I RD Property D Staff Report Staff report D Location Map ExhibitA. Location Map D Location Map Exhibit C. Proposed Future Land Use D Location Map Exhibit B. Current Conditions D Location Map Exhibit D. Proposed Zoning Page 1362 of 1743 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS BIRD PROPERTY AND 7 DESCRIBED HEREIN, OWNED BY B B & R, LLC., CHANGING 8 THE LAND USE DESIGNATION FROM PALM BEACH COUNTY: 9 INDUSTRIAL (IND) TO: INDUSTRIAL (1); PROVIDING FOR 10 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 22 (designation) of the Comprehensive Plan as hereinafter provided. 23 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 Lot"C"and"D"of Tract 30 of PALM BEACH FARMS COMPANY, PLAT No. 8, 30 according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records 31 of Palm Beach County, Florida. 32 33 34 is amended from Palm Beach County: Industrial (IND)to: INDUSTRIAL (1). 35 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 36 or appeal provisions provided by the Florida Local Government Comprehensive Planning and C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\49C8F9B4-4129-42B5-AE68-C5EIACAD2BE0\Boynton Beach.18633.1.BIRD_Property_LUA_-_Ordinance.Docx Page 1363 of 1743 37 Land Development Regulation Act. No party shall be vested of any right by virtue of the 38 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 39 including appeals, are exhausted. In the event that the effective date is established by state law 40 or special act, the provisions of state act shall control. 41 FIRST READING this day of , 2019. 42 SECOND, FINAL READING and PASSAGE this day of , 2019. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Justin Katz 50 51 Commissioner—Mack McCray 52 53 Commissioner—Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 VOTE 58 ATTEST: 59 60 61 62 Crystal Gibson, MMC 63 City Clerk 64 65 66 (Corporate Seal) 67 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\49C8F9B4-4129-42B5-AE68-C5EIACAD2BE0\Boynton Beach.18633.1.BIRD_Property_LUA_-_Ordinance.Docx Page 1364 of 1743 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BIRD PROPERTY FROM PALM BEACH COUNTY: LIGHT 7 INDUSTRIAL DISTRICT (IL) TO M-1 LIGHT INDUSTRIAL 8 DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from Palm Beach County: Light Industrial District (IL) to 15 M-1 LIGHT INDUSTRIAL DISTRICT; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from Palm 26 Beach County: Light Indistrial District (IL) to M-1 LIGHT INDUSTRIAL DISTRICT. A 27 location map is attached hereto as Exhibit"A" and made a part of this Ordinance by reference. 28 Legal Description: 29 Lot"C"and"D"of Tract 30 of PALM BEACH FARMS COMPANY, PLAT No. 8, 30 according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public Records 31 of Palm Beach County, Florida. 32 33 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 34 accordingly. 35 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\795FCBBB-CAB6-4BA4-95EF-89F7EAF10144\Boynton Beach.18634.1.BIRD_Property_-_Rezone_-_Ordinance.docx Page 1365 of 1743 36 Section 5. Should any section or provision of this Ordinance or any portion thereof be 37 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 38 remainder of this Ordinance. 39 Section 6. This ordinance shall become effective immediately upon passage. 40 FIRST READING this day of , 2019. 41 SECOND, FINAL READING and PASSAGE this day of , 2019. 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 Crystal Gibson, MMC 61 City Clerk 62 63 64 65 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\795FCBBB-CAB6-4BA4-95EF-89F7EAF10144\Boynton Beach.18634.1.BIRD_Property_-_Rezone_-_Ordinance.docx Page 1366 of 1743 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-021 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: September 11, 2019 PROJECT: Bird Property LUAR 19-004 REQUEST: Approve the annexed BIRD Property Future Land Use Map Amendment from the Palm Beach County's Industrial (IND) classification to the City's Industrial (1) classification and Rezoning from the Palm Beach County's Light Industrial District (IL) to the City's M-1 Light Industrial District. City-initiated. PROJECT DESCRIPTION Property Owner: B B & R LLC Applicant: City-initiated Location: 125 NW 31 st Terrace South (Exhibit "A") Existing Land Use/ Zoning: Palm Beach County: Industrial (IND)/ Light Industrial District (IL) Proposed Land Use/ Zoning: Industrial (1)/ M-1 Light Industrial District Acreage: 1.89 acres Page 1367 of 1743 Page 2 BIRD Property LUAR 19-004 Adjacent Uses: North: U.S Postal Service facility, classified Public & Private Governmental/ Insitutional and zoned PU, Public Usage; South: Vacant parcel owned by School Board of Palm Beach County; farther south, Congress Middle School; both properties classified Low Density Residential (LDR) and zoned PU, Public Usage; East: Right-of-way for 31St Terrace; farther east developed commercial property (Boynton Plaza, anchored by Publix), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: Developed commercial property (BJ's Wholesale Club), classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 1.89 acre site is currently developed with two small warehouses but predominantly used for an outdoor storage of boats, RVs and other motor vehicles. Prior to October of 2010, the site was one of the two parcels—the other being a Palm Beach County School District property—occupying a small Palm Beach County enclave. After the School District's parcel was annexed on October 5t", the City invoked regulations of Section 171.046, F.S., to execute an Interlocal Agreement(ILA) with Palm Beach County for the final elimination of the enclave through annexation of the subject property . Since the annexation was City-initiated, the land use amendment and rezoning was not required to be processed concurrently and was postponed to a later date. Initially, the postponement was due to the City's interpretation of regulations included in Chapter 381.00655, F.S., pertaining to a property owner's obligation to connect onsite sewage treatment system to an available publicly owned sewerage system. The City's sewer service was available for connection prior to annexation, but the cost would have been, at that time, a significant financial burden on the owner who faced revenue losses in the aftermath of the"great recession." Presently, a connection to the City's sewer service is not a requirement for the property's reclassification and rezoning from the County's to the City's future land use and zoning categories. The connection will be reconsidered upon application for site improvements in the future(none are currently planned). The Industrial (1) future land use and the M-1 zoning district proposed for the property follow the initial recommendation considered at the time of annexation and stemming from the City's strong position in support of increasing the industrial land supply. 2 Page 1368 of 1743 Page 3 BIRD Property LUAR 19-004 REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject request does not propose a change in the type of the future land use and zoning designations of the property as they would remain industrial; it merely replaces the County's with the City's FLU category and zoning district. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Comprehensive Plan Retaining industrial FLU classification and industrial zoning on the site is consistent with the Comprehensive Plan policies. Starting in the year 2000, the City begin to loose industrial/heavy commercial land as the booming housing market supported numerous conversions of land with industrial and commercial designations to residential uses. Between 2000 and 2006, some 135 acres lost their industrial designation, not including Quantum, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. In 2014, in response to this trend, the City amended the Comprehensive Plan's Future Land Use Element by adding several policies promoting preservation and expansion of industrial lands to support employment opportunities and diversification of the tax base. These Policies included: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Policy 1.17.2 The City shall preserve industrial land for industrial and job-generating purposes, will work to ensure these sites are utilized to their full potential as development and redevelopment occurs, and will encourage private 3 Page 1369 of 1743 Page 4 BIRD Property LUAR 19-004 investment through targeted incentives. Policy 1.17.3 The City shall monitor the amount of land available for industrial/commercial development and, by the end of 2017, review the Future Land Use and Official Zoning maps for recommendations pertaining to current location and potential expansion of industrial and commercial districts. Policy 1.17.4 Future redevelopment plans for areas outside of the CRA shall ensure that any loss of land with industrial or general commercial designations through a recommended reclassification to other uses will be offset by expansion of such land in other locations. Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. Policy 1.17.7 The City shall restrict the non-industrial use of industrial lands to uses that are of a type, size and number so as to be complementary to industrial activities, and that do not deplete the supply of industrial land, and do not create potential land use conflicts with industrial activities. Land Development Regulations The current use of the property is permitted in the proposed M-1district. Existing nonconformities, if any, will remain legal and only addressed in the context of future applications for site improvements. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. As stated in criterion "a," the subject request would merely replace the existing County's industrial future land use classification and zoning with the corresponding City's industrial FLU and zoning.Therefore—arguably—it would retain, rather than create, an isolated zoning district and land use classification. The land use pattern in adjacent and nearby areas is eclectic in that it incoporates large retail developments (BJ's and Boynton Plaza), institutional uses (postal service facility and the Congress Middle School), as well as a Stoneheven residential community. The school parcel adjacent to the property is currently vacant; in any case, given that the only access to the subject property is through 31St Terrace South, potential traffic generated by any future use should not be a major concern to the school. Moreover, projects would require adequate screening. 4 Page 1370 of 1743 Page 5 BIRD Property LUAR 19-004 Staff considered alternative FLU and zoning designations for the subject site, consistent with the sourrounding properties. Both adjacent retail centers carry the Local Retail Commercial (LRC) classification; the zoning of the BJ's is Planned Commercial Develoment (clearly not an option here), while the Boynton Plaza is zoned C-3. The LRC FLU classiffication and C-3 zoning would mean downzoning of the property, and making the existing use nonconforming. Moreover, the site's location and limited accessibility would restrict opportunities for commercial development. Potential land assembly with the post office property to the north may create such opportunites in the future. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. N/A—the request does not meet any of the three sustainability criteria . d. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Availability of public services was reviewed at the time of annexation. The City provides water service to the property; the sanitary sewer service is not provided but readily available as the lift station for the sewer is located by the northeast corner of the property. The owners would be responsible for the on-site improvements for the connection. e. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to criteria "a" and "c." The subject request would replace the County's industrial FLU and zoning designations with the corresponding City's industrial FLU classification and zoning district. The amendments are unlikely to affect property values in the surrounding area. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic 5 Page 1371 of 1743 Page 6 BIRD Property LUAR 19-004 Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The request aims at protecting industrially designated land (see response to criterion "b"). It does not affect intensity of development or decrease the number of uses with potential economic development benefits. h. Commercial and Industrial Land Supply.The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See response to criterion "g" above. The proposed FLU amendment/rezoning retain industrial land. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No plans for the property improvements have been submitted since the annexation approval. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and 6 Page 1372 of 1743 Page 7 BIRD Property LUAR 19-004 determined that the request is consistent with the policies of the Comprehensive Plan and meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Bird 31st Terr S\LUAR 19-004\LUAR 19-004 Bird Staff Report 6_27.docx 7 Page 1373 of 1743 EXHIBIT A SITE LOCATION MAP t r r - i r r 3 4 \ r km � S+ S 1 �li 1 if d t I� } 1'- I i t I �a t tx — i 0 0.0150.03 0.06p2np y nQ ij6J743 EXHIBIT C BIRD PROPERTY: PROPOSED FLU r= .w r � T i �- � � (�(Il{ i lit___ ,. �� r � �- _- � - � .. •_ {(( t LDR - 1 =_ Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL(LRC) INDUSTRIAL(1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) i 0 0.0150.03 O.O6panp I 'j6J743 EXHIBIT B EXISTING SITE CONDITIONS f �}; lr i { 2,, bel a ti r 1 m 1 t V 1 k 1 0 0.0050.01 0.02 -0a03 ilaJ6 of 1743 EXHIBIT D BIRD PROPERTY: PROPOSED ZONING nn , � I \ i til\ 1. \ \ \ r LEGEND R3 Multi Family, 11 du/ac � tv1 PUD Planned Unit Development C3 Community Commercial PCD Planned Commercial Developmentv Industrial v \ PU Public Usage v' i `i 0 0.015 0.03 0.061- Q,nc) _j6J743 Zvi� 9.A. CITY MANAGER'S REPORT 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Consider the recommendation from the Recreation & Parks Advisory Board concerning renaming Veterans Memorial Park in honor of Tom Kaiser. EXPLANATION OF REQUEST: The City received a recommendation to rename Veterans Memorial Park in honor of Tom Kaiser from Representative Joe Casello. In accordance with the Park Naming Ordinance, a review committee consisting of the Recreation & Parks Advisory Board was selected to review the recommendation for appropriateness. The Advisory Board does not recommend renaming the Park but recommended a commemorative memorial reflective of Tom Kaiser's significant contributions to the Park with signage that include narrative describing these efforts. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Non-budgeted TBD ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Rep. Casello Letter of Request D Minutes Recreation & Parks Meeting Minutes 10-28-19 Page 1378 of 1743 f \ l X t •"-�,�tiU 1,r�9aw/,rf' Florida House of Representatives Representative Joe Casello District 90 DISTRICT OFFICE: July 8, 2019 9804 S.Military Trail Suite E2-6 Boynton Beach,FL 33436 Dear Lorl Phone:(561)292-6015 ' Regarding our recent conversation considering the possibility of TALLAHASSEE renaming Boynton's Veterans memorial Park to honor Tom Kaiser. His 1302 The Capitol tireless dedication transforming the park into a well known veterans 402 South Monroe Street memorial is unparalleled in South Florida. Mr. Kaisers work to keep in Tallahassee,FL 32399-1300 Phone:(850)717-5090 on thef ore� t the memories of our unsung heroes and military veterans of conflicts of past wars deserves special recognition. As Mr. Kaiser has stated "All vets are my brothers and the parks monuments are my STAFF: children" truly making him a caretaker of our country's past history of Johnny McMahon Legislative Aide conflicts of war. Tricia Mischler District Aide I would humbly ask that the Boynton Beach City commission consider the renaming of Boynton's Veterans memorial park to reflect this WWII veteran's commitment in preserving our history and ask that the park be COMMITTEES: rededicated to include Mr. Kaisers name. Commerce SUBCOMMITTF,ES;. I will follow up this request with a phone call to discuss the Business&Professions commissions position on this matter. Health Market Reform Higher Education&Career Readiness i cerly, JoeRECEIVED Florida House of Representatives Joe Casello JUL 12 2019 House District 90 cc: Mayor Steven B. Grant, Boynton Beach CITY MANAGER'S OFFICE Joseph.Casello@myfloridahouse.gov www.myfloridahouse.gov Page 1379 of 1743 CITY OF BOYNTON BEACH RECREATION &PARKS ADVISORY BOARD MEETING INTRACOASTAL PARK CLUBHOUSE OCTOBER 28, 2019, 6:30 p.m. PRESENT: Betty Pierce-Roe (left at 7:26 pm) Wally Majors, Recreation and Parks Director Charles Kanter Eugene Fagan Tatiana Guerrier, Prototype, Inc. Eric Ammon Julie Mondello Renee Stern ABSENT: Joshua Van Leuven Daniel Shapiro (alternate) Richard Bonnell (alternate) I. CALL TO ORDER The meeting was called to order at 6:35 p.m. by Chair Pierce-Roe. The Pledge of Allegiance was recited. It ATTENDANCE Roll was called, a quorum was present. III. APPROVAL OF MINUTES Motion made by Ms. Stern, seconded by Ms. Mondello, to approve the September 23, 2019, minutes as presented. In a voice vote, the motion passed unanimously (6-0). IV. UNFINISHED BUSINESS —Not addressed at this time V. NEW BUSINESS A. Veterans Memorial Park Renaming Recommendation Mr. Majors reviewed the City's procedure for renaming parks. The recommendation is to rename Veterans Memorial Park in honor of Tom Keiser. Page 1380 of 1743 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida October 28, 2019 Florida State Representative Joe Casello, 7981 Shaddock Drive, Boynton Beach, said WWII veteran, Thomas Kaiser has helped make the park what it is today. He worked to get the monuments installed, without the City having to pay anything except for the land to put them on. Representative Casello said it was fitting to give Mr. Kaiser recognition for his efforts. Rep. Casello suggested renaming the park, "Kaiser Veterans Memorial Park." A secondary plan would be to have a plaque stating that Mr. Kaiser served in WWII, and that the park is all possible due to Mr. Kaiser's efforts. Ms. Mondello thought it was a "great idea" to have a plaque or a bench, and Chair Pierce-Roe agreed. Representative Casello emphasized that renaming a park can be done, and has been done in the City. Larry Blocker, Post Commander for the PFC Michael J. Metcalf VFW Post 5335, 500 NE 21st Ave, Boynton Beach, endorsed the comments made by Representative Casello. He has seen Mr. Kaiser's work over 20 years with community organizations and individuals to get the projects done in the park. He said a plaque or bench would be fine,but there should be more and the park should be renamed "Kaiser Memorial Veterans Park." The renaming would not only honor Mr. Kaiser, but all veterans—living, dead, and those who have not yet served. Mr. Blocker spoke about the reason for the renaming of the VFW Post. He mentioned that all of the members of VFW Post 5335 live in Boynton Beach. Some have arranged to have benches put in parks honoring their loved ones. Stanley Gavlick, 15815 Vivanco Street, Delray Beach, is a Korean War veteran and member of the Lt. Richard E. Cronan Korean War Veterans Association Chapter 17. Mr. Gavlick spoke in favor of renaming the park to honor Mr. Kaiser and said the members of his chapter are also in favor of the renaming. Mr. Gavlick reviewed many of the efforts made by Mr. Kaiser to honor veterans, highlighting his networking and fundraising abilities. He mentioned that Mr. Kaiser had befriended an individual who donated $30,000 specifically to build a monument honoring veterans. Jerry Schnarch, said he is Commander of the local post of Jewish War Veterans. He commended Mr. Kaiser for his outstanding efforts and strongly supported the renaming of the park in Mr. Kaiser's name. Charlie Fox, 1111 Lake Terrace, Boynton Beach, spoke in opposition to the park being named after any individual, because the park should honor all veterans. He said he sent a statement to the Board members. He related a story about his past efforts in Salt Lake City to create a park honoring WWII veterans. The Veterans group voted to name it after a local resident, against Mr. Fox's wishes. In time, the park came to be known as the name of the person the park was named after, Holm Park. A Google search for the WWII commemorative park will only bring up parks for 2 Page 1381 of 1743 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida October 28, 2019 WWI, and nothing for WWII parks. Citing no personal acrimony against Mr. Kaiser or anybody, he stated he did not want the memory of the veterans to be overshadowed by one person's name. Bernie R. Lewis, veteran, spoke highly of Mr. Kaiser. Jim Suzek, 705 SW 15 Street, Boynton Beach, spoke on behalf of his Commander, who could not be present. He said his Commander would stand in unison with Mr. Blocker and Mr. Gavlick in supporting renaming the park after Mr. Kaiser. He did recognize the pitfalls expressed by Mr. Fox, but said that if it were not for Mr. Kaiser, the park would be a "fallow field." If the park is not renamed for Mr. Kaiser, he asked that the public not make light of the contributions made by him. He did not think a small plaque would be enough to reflect his accomplishments. A nice granite plaque with detail might suffice, however. Comments from the Board members: • Thousands of men who sacrificed their lives do not have even a plaque • It is part of our DNA to have a veterans park • Find a way to honor Mr. Kaiser without diminishing that it is a park for all veterans • It should be more than a plaque with Mr. Kaiser's name on it—it could be a sign or large plaque that would include mention of his dedication and recognition he has given to the City and to all veterans • Need detailed information on what Mr. Kaiser has done so that it could be added to the plaque • Should keep it as a veterans park o Something special should be done for Mr. Kaiser • The community should do more for its veterans — Veterans Day should be the biggest celebration in the community and promoted on a bigger scale • Perhaps set up a Thom Kaiser Memorial Fund with the funds to go to the park Tom Kaiser mentioned that $30,000 had been donated to the American Legion VFW to be held for several years while the main monument was being researched. A committee was formed to look into it. He said he has never stopped doing things for and about veterans and has put up monuments in several countries. When the main monument was installed, they had to put another $5,000 into it. Some funds came from the Baptist Church for additional monuments. They put up one monument after another with help from an angel. Mr. Kaiser said he is "not afraid" to do anything or buy anything for veterans. His biggest achievement was to build the park and say, "We've done this." Mr. Kaiser spoke about his experiences as a 17-year-old soldier in WWII. Mr. Kaiser then enumerated the memorials that have been placed in the park, including ones for Battle of the Bulge, the Unknown Soldier, Pearl Harbor, and D-Day among others. Faces of veterans who died are being added to benches. The latest monuments are for the Japanese 442nd and a monument for female veterans. If his name were added to the park, he said he would be honored. 3 Page 1382 of 1743 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida October 28, 2019 Mr. Blocker spoke again, saying he understands the concerns associated with renaming the park. The suggestion for a bench or plaque is not adequate. He pointed out that the City gave the land to the veterans, and the veterans own the park. If the City does not name the park after Mr. Kaiser, he liked the idea of having a headstone/face that would show Mr. Kaiser. It should tell his story and all of his accomplishments and be made of granite to match the other monuments. Mr. Kanter suggested splitting the park in half to have one side renamed and the other remain Veterans Park. The veterans present disagreed, saying it would defeat the purpose of the park. Mr. Fagan supported the idea put forth by Mr. Blocker. Mr. Majors asked for a recommendation for the City Commission. A brief discussion followed, with Ms. Mondello suggesting a story board or a living memorial. Board members wanted at least a bust of him in the memorial. Motion made by Ms. Stern, seconded by Ms. Mondello/Mr. Kanter, that they retain the name of Veterans Memorial Park and find a special way to create a living memorial for Tom Kaiser. In a roll call vote, the motion passed unanimously (6-0). Ms. Stern said that they will do the right thing for him, and Ms. Mondello expressed her appreciation for what he has done. Mr. Kaiser commented that a person had to be there at the beginning of the park to really appreciate what has been done. IV. UNFINISHED BUSINESS — continued from earlier in the agenda A. Quantum Park Site The members decided to table the item unless there was new information. Mr. Majors reported that there were going to be 200 parking spaces,but it has been reduced to 125 spaces. He said that Mr. Kanter was"very persuasive"that the number of spaces had to be reduced. Mr. Kanter related that there was concern about the use of taxpayers' money for parking. Mr. Fagan thought it was an odd site plan and did not make sense; he thought the situation was political. Mr. Majors stated that the decision has been made about the parking lot—it is going in. He added that the plan would provide valuable jobs to the local residents. He mentioned the value of compromise in getting things done. V. NEW BUSINESS A. Veterans Memorial Park Renaming Recommendation (Addressed earlier) B. November Meeting 4 Page 1383 of 1743 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida October 28, 2019 Mr. Majors mentioned that Thanksgiving is on November 28 this year and asked the Board if they wished to meet in November. He suggested having the meeting on November 25, 2019, which is a Monday. Several Board members thought it was a good idea, especially since they probably would not meet in December. C. Diane Valentini/Cultural Arts Center Manager Mr. Majors introduced Ms. Valentini, noting that they had worked together in the past. Ms. Valentini recalled her prior job with Boynton Beach fondly, noting she left for an opportunity in Fort Lauderdale Recreation Department. She created all the activities and events on the Riverwalk She recounted her other professional experience. Ms. Valentini stated she has toured the building twice and is planning classroom activities and auditoriums that can be used for concerts, weddings, etc. She was excited to begin the project and said they have a great crew. Ms. Valentini thanked all the members for their advisory board service. VI. ITEMS FOR THE CITY MANAGER'S ATTENTION Ms. Mondello asked if the board planned to nominate anybody for the Grand Marshal of the parade. Mr. Majors said that the Special Events Team is taking care of overseeing the parade, and he will ask them about nominations. VII. NEXT MEETING—November 25, 2019 VIII. ADJOURNMENT Upon motion duly made and seconded, the meeting was adjourned at 7:50 p.m. [Minutes transcribed by J. Rubin,Prototype,Inc.] 5 Page 1384 of 1743 9.B. CITY MANAGER'S REPORT 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Reconsider the issuance of special event permits at Sara Sims Park. EXPLANATION OF REQUEST: The City Commission decided to temporarily suspend the issuance of special event permits at Sara Sims Park at their meeting on February 16, 2016. This was done as a result of the many complaints that were received about the Park being used for the wrong purpose. Mayor Grant requested that this item be reconsidered. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Park usage is primarily regulated as part of Section 16 of the Code of Ordinance. Sec. 16-19 states that the Recreation & Parks Director shall establish hours that a park shall be open to the public. Generally, parks are open sunrise to sunset. Parks that include lighted tennis, basketball and/or volleyball courts are open e)dended hours based on usage trends. Sec. 16-46 prohibits individuals from engaging in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of public peace. Any temporary activity, gathering or group of persons, animals or vehicles having a common purpose, design or goal that is to occur at a park that has an overt impact on the ordinary and normal use by the general public where the event substantially inhibits the usual flow of pedestrian or vehicular traffic requires a special event permit. If the Commission decides to allow the issuance of special event permits, the affect will determined by the potential need to enforce related ordinances and guidelines. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Do not reconsider the suspension of special event permits at Sara Sims Park. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1385 of 1743 ATTACHMENTS: Type Description D Attachment Special Events Ordinance Page 1386 of 1743 Sec. 13-20. Special Events. (a) Permits for Special Events. It shall be unlawful to organize, conduct or participate in any Special Event on the streets of the City or any public or private property unless a permit for such Special Event has been issued by the City Manager or designee. (b) Definition. Special Event. Any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design or goal upon any public or private facility, street, sidewalk, alley, park or other place or building where the Special Event substantially inhibits the usual flow of pedestrian or vehicular traffic or which occupies any public area or building and preempts use by the general public. A Special Event shall include but not be limited to city co-sponsored events, festivals, carnivals, concerts, parades, walks, races, fund raising sales and similar gatherings, block parties, grand opening promotions, and other similar events not specifically permitted by City Ordinance. Merchandise sales under a tent on private property which have no other related activity, i.e. food sales or entertainment, are exempt from obtaining a Special Event permit; however, applicant must still obtain the proper Special Sales Event Approval (ref. Part III LDR Ch. 2, V. 4) and Building Permit, if applicable. City events, and events produced in partnership with the City, may receive a permit waiver by the City Manager or designee. Special Event Handbook. A publication issued by the City of Boynton Beach entitled "Special Event Handbook" sets forth procedures for the application process and City requirements for Special Events. This booklet may be amended from time to time by the City Manager or designee; however Special Event Permit Fees shall be established and amended by resolution of the City Commission. (c) Application for a special event permit. (1) Any person, business, or organization seeking to conduct a Special Event in the City shall file an application with appropriate fee on forms provided by the city. A fee will be charged for events which are canceled. (2) All information solicited on the Special Event permit application form must be provided by the applicant. Incomplete information may result in denial of the permit application. (3) The City Manager or designee reserves the right to waive application filing deadlines on a case by case basis. (d) Standards for issuance of permit. A Special Event permit shall be issued unless: (1) The application is not complete in all material respects and all information contained therein accurate within the knowledge of the Applicant; (2) All of the conditions set forth herein, and all contractual requirements imposed by the City, if any, have not been or will not be met; (3) The Special Event will interfere with or unduly burden the City's provision of municipal services to the community including, but not limited to, police, fire and Page 1387 of 1743 emergency medical protection, water and sanitary sewer service, risk, and solid waste removal; (4) The appropriate fees have not been paid. (e) Conditions forpermit. All Special Event permit applications approved pursuant to this article shall be subject to the following conditions: (1) The public area utilized shall be cleaned up following any Special Event and in all respects restored to its former condition. A refundable security bond, or similar financial pledge, may be required in amount to be determined by the City Manager or designee, to ensure that any damage is repaired and the premises returned to its previous condition. (2) The use or construction of platforms, chairs or other equipment may be prohibited or restricted by the City Manager or designee, if such would result in permanent damage to City property or constitute a hazard to public safety. (3) A detailed site plan shall be submitted showing the locations of any tents, Port- o- lets, parking lots, stages, booths, and the like, and the time periods for set up and break down of the event. This plan shall be subject to review and approval by city staff. (4) Indemnification and insurance, listing the City as an additional insured, shall be provided as required by the City. (5) Unless extended by the City Manager or designee, all permits necessary to conduct the Special Event shall be obtained and copies thereof provided to the City not less than 5 business days prior to the first day of the event. (6) The need for a City employee at the Special Event will be determined by the City Manager or designee. (f) Enforcement/penalty. It shall be unlawful to operate or hold any Special Event in the City without compliance with this section. Failure to comply with this section shall be deemed a violation of the city code punishable by up to a $500 fine and/or 60 days in the county jail. (g) Right to deny issuance, revocation, right of appeal. The City may refuse to issue, reissue or revoke any Special Event permit which violates any portion Section 13-20. An applicant whose Special Event permit has been denied or revoked may, within ten (10) calendar days of the denial or revocation, file a written appeal of the denial or revocation to the City Manager for review. Page 1388 of 1743 9.C. CITY MANAGER'S REPORT 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Discuss design and location of Community Greening's Urban Orchard for the Heart of Boynton. EXPLANATION OF REQUEST: The City is partnering with Community Greening* on a Public Greening and Tree Canopy Project in the Heart of Boynton with grant funding from the Community Foundation of Palm Beach and Martin Counties. One element of the project will be the planting of an Urban Orchard consisting of 50 fruit trees on March 14, 2020. The Heart of Boynton Urban Orchard will follow the model of"The Grove" in Catherine Strong Park in Delray Beach and the "Henrietta Bridge Food Forest" in West Palm Beach. The Delray Grove was planted in 2017 and today is a thriving and well-maintained grove with 10-foot high trees bearing a variety of fruit. It has beautified the neighborhood and is increasingly used by local residents (see attached before and after photos). The Henrietta Bridge Food Forest was just planted on October 26, 2019 and a design sketch is attached. The proposed location for the Urban Orchard is the City-owned lotjust east of Sara Sims park on NW 10th Ave./MLK Jr. Blvd (see attached aerial photo showing location). The site is fenced. This location was approved unanimously by approximately 40 community members attending the Healthier Boynton Beach Community Meeting at the Carolyn Sims Center on August 26, 2019. The Heart of Boynton project is funded by a Community Revitalization grant from the Community Foundation of Palm Beach and Martin Counties (John D. and Catherine T. MacArthur Fund) and will take place from September 2019 Through April 2020. The grant project includes the following: October 5 Tree Giveaway at Sara Sims Park: 200 FREE native and fruit trees (one per family); Food and DJ are provided February 22 Tree Planting at Poinciana Elementary: 50 trees and two years of maintenance; Food and DJ are provided March 14 Urban Orchard Planting at Sara Sims Park: 50 trees and two years of maintenance; Food and DJ are provided April 25 Tree Giveaway at Sara Sims Park: 200 FREE native and fruit trees (one per family); Food and DJ are provided Residential Tree Plantings (ongoing): Residents may request a 6-10 foot tall fruit tree or native tree; Community Greening staff plants tree for homeowner * Community Greening is an urban forestry non-profit based in Delray Beach that has quickly expanded their work throughout Palm Beach County. Since 2016, they have planted more than 3,000 trees with 3,000 volunteers of all ages in parks, schoolyards, residential yards, and urban orchards from West Palm Beach to Boca Raton. In 2018, Community Greening was named the Tree Advocacy Group of the Year by Florida's Urban Forestry Council, and in October 2019 they were named Non-Profit of the Year by the Greater Delray Beach Chamber of Commerce. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By increasing the City's tree canopy, Page 1389 of 1743 this project will help to meet multiple goals of the City's Climate Action Plan including carbon sequestration, flood mitigation, and urban heat island reduction. In addition, the project will benefit community health by enhancing the ability of citizens to procure fresh, local produce. The City and Community Redevelopment Agency prioritize neighborhood revitalization projects that augment greenspace, create a vibrant public realm, and result in safe and livable communities. Planting canopy trees and fruit trees fulfill many of the City's goals by improving residents'food security, enhancing property values, and creating safer and more walkable neighborhoods. FISCAL IMPACT: Non-budgeted This project is funded by a grant obtained by Community Greening and will not impact the City's budget. ALTERNATIVES: Not have this discussion STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: City of Boynton Beach Climate Action Plan 2.0 (2015), Initiative NS-5: "Establish an urban forestry program to develop a city-wide tree canopy survey with the eventual goal of reducing the "heat island" effect due to dark or asphalt surfaces. Maintain/restore the urban tree canopy." Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Delray Gro before and after D Drawings Vilest Palm Beach orchard drawing D Location Map Heart of Boynton Urban Orchard Location Page 1390 of 1743 f: S K� i I G t � z a t�- �i' r P P t t t{i r P t t � _ 4 I�AAt iIIPS l� P 'b - P(PP _t P1Vtt;�l\phut ,, t f I � V PP i Stt�t PP t 1!{PPP P)t{ tit } t Pit tl�trdt/fti PV�$f t z �PtP��. � t tip „P PP Pt)P 11 (,iPl yt1\�iP��t tl� +ri 3 t Q 'I S+ �f x` P h� P� Q� t tt £." 1 - 1= �'t9INs7 ,t 7 yy,C t1r l'ti;' 1t �k • 1 1 1 � E �. - - ,L;' jsl��1 LL z a 1111r � 1t r £i'11r ,f' 2 tk _ yak LU LJ i E IN 'i�1y..� c 02 LW Lu I Ot rtiltll �i Yy}1 � { � $�{t{Sl}),��s }�ill�il�l1{€x {ii£}i�� t 1 ;� 1 , � � 1fui1'•� �" ,t1 1 ae 1 zt- fi� a l R \t 5a�sk a= r �r i i r �a �y - t � ty s is rz t Sti ��s u � , SSSS 9m '�u=� - !Bon, st S� Ifni 1 - p' P^i 9.D. CITY MANAGER'S REPORT 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Presentation of staff's recommendations for the 2020 Entrepreneurship and Business Incubation Grant Program. EXPLANATION OF REQUEST: The Boynton Beach Entrepreneurship and Business Incubation Grant Program provides funding in the amount of$50,000 to business incubators and working groups on entrepreneurship to undertake startup growth activities and studies. This grant year, the City is seeking to support business incubators located within the City of Boynton Beach that focus on helping youth, women, technology, and minority businesses. The City will also support working groups on entrepreneurship that focus on tourism and hospitality, sustainability, health, and the "gig economy". HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted $50,000 ALTERNATIVES: N/A STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Business incubation is a tool for the creation of a competitive small business sector by providing start-up and early stage businesses access to expertise in business development, data and information, technology, and services such as financial management, mentoring and coaching during their critical start-up period. They have enabled job and small enterprise creation, as well as the commercialization of innovation that creates social value. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1394 of 1743 ATTACHMENTS: Type Description D Staff Report Entrepreneurship and Business Incubation Grant Program Presentation Page 1395 of 1743 LU t DeZ Z 0 Q LU LUQCL0 D °C V Z O 0 ZQCN LU _ p on 0 Z N LU LU o CL LU on ii LU ZLLo oe0uj Z m LU 0 ;ff{ t 1 �r t{1 I t€J 1 r t1 � f{ € I FF r: I 4 i `&yf C1)t �a t J �r t€1 { € i �l kt €i w a �r I ............... � �� 1 • JJ �� • 1 ui�i 1 w wo • p O O p O0 O O LO LO LO LO O O O O N cy N N r _ E- E- 4) 3 p .Q .Q .Q .Q 3 �P- o = 's :2 :2 :2 = L L L L = v 7 7 7 0 41 41 W L 0 ~ L N 41 41 41 O L L a- a- L 2 O O O N L W W W W L j a ON = E _ _ _ O a a O N 0 O O >. a Y N N L N N N E _ 3 Y y Q 7 Q Q Q O O L _ _ O� � � - � � Y y m m C7 �' t9 t9 t9 Lu m m m Q m .a m ,_ _ _ __ _ - M � a = :2 0 N N N N £ .N 3 0 0 0 N O a 0 0 om -0om Lumum 0323 tn3 23 i i O f2 i U aJ : a) 4 p Q > bz EN Z3 O v v O -0 _0 }' U 4A f6 . to L O i - Q O O L L3 a) = _0 bA O 0 bD =3 O a •c Q a) © f6N L N W O 4-j •� L1 \ +-+ .0 rl (L3 4••+ }' C6 Ln �5 +' O N O U off . Ln y- ? Q -0 LO #-� C)L (� a) +-+ O , cra , •� CL U rn V aL1 + ca fLt3 a1c•i V N CLa-+ CU 4-J U? 'f6 bA OL a o ° ° a a o �C V) cu L N E �� .0 a L W + a1 L � �- m � a = v •S 4- 0O © CO Z 0 12 a) cLt3 Ql r D u Q 3 0C)L (L) v C � p L O — Sff V) � >- c6 N L LN bb ') L _Lf 4- wf O V) p u 3 V) p 41 uj Q) N cs� CN UZI tU •. Q � � �� •• 4 • 4 Q Q W Q a L3� 'Z3 Z3 'Z3 Z3 Z3 W 4 � 4-0 Z; Z W s _ Q c z _Q Q Q V) 11 = f i k } G W Z 3 11 4 g�g 4 r .... .�,...��._� 9.E. CITY MANAGER'S REPORT 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Authorize the City Manager and City Attorney to negotiate a Purchase and Sale agreement with Pulte Group for vacant City-owned property know as the "Nickels Property". EXPLANATION OF REQUEST: The PulteGroup submitted a Letter of Intent to purchase approximately 14.7 acres on Nickels Blvd. that is owned by the City with the intent to develop a detached single-family residential subdivision. The property currently has several deed restrictions that would need to be removed prior to any development. Staff has reviewed this property and determined that it is not suitable for park development and requires annual maintenance. The property is currently in the County and is not adjacent to City boundary's so it cannot be annexed at this time. PulteGroup is offering a purchase price of$2,275,000 based on an entitlement from the County for 91 units once all restrictions are removed. The offer includes a 12 month period for the PulteGroup to receive the necessary entitlements to develop the property. The LOI includes several deposits to the City based on specific completed actions and includes one 3 month extension with a payment to the City. The first deposit is non-refundable if the property does not close to cover City costs to work with the PulteGroup on the agreement and entitlements. The City would provide water and sewer service to the property and the sale will include both Utility Service Agreements and approval of voluntary annexation at such time it is feasible and lawful. Staff recommends accepting the Letter of Intent and authorizing the City Manager and City Attorney to negotiate a Purchase and Sale agreement after the due diligence period and submit the agreement to the Commission for review and approval. A property appraisal shall be submitted with the Purchase and Sale agreement as required. According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding$100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Both the Letter of Intent and the Purchase and Sale Agreement must include language conditioning the transaction on review and acceptance of the purchase price following the independent appraisal referred to above. Page 1404 of 1743 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the project is constructed, it would add utility customers to the City's customer base and will be available for voluntary annexation at such time it is feasible. FISCAL IMPACT: Non-budgeted Since PulteGroup is providing funding to cover the cost of City involvement if the project does not move forward, there is no impact to the City. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Letter Letter of Intent Page 1405 of 1743 �� 0��N� 0�w8 U� �� \�0N � ^ �M��| N ��|��p��0 �� Cbyo[BoynCooBcuxb-NiculxBlvd' October 2, 2019 TO: Colin Groff, RE,Assistant City Manager, City o[Boynton Beach Sob'mo1: City ofBoynton Beach ' Nickels Blvd. L0U This letter is to serve as a Letter of Intent(LOI) for Pulte Group to enter into contract negotiations toacquire +/' 14.7 acres of property known as the Nickels parcels,located in Boynton Beach,FL. Pulte Group has maintained the highest cash and lowest debt ratios amongst our peers through the ups and downs o[the housing cycle. Our company has the capital tncomplete this transaction and we will not include any 3rd party lending approvals as part of our offer to purchase. Pulte understands there is a deed restriction and will bear all the costs of getting the deed restriction removed as well as the entitlements. We are prepared to work with all parties to resolve the deed restriction quickly. The general parameters for the proposed transaction are attached. Pulte agrees to work with the City of Boynton Beach to a||ovv for the property to be annexed into the City at such time it become contiguous with the City limits. We look forward to hearing from you and want to assure you we are prepared to act quickly in working toarrive atamutually acceptable contract Roupooth/|hy, Pulte Group Andrew Maxey l/Po[Land Acquisition Southeast Florida Division Cc: Brent Baker, Division President,Pulte Group Co: Eliot Goldstein, Land Acquisition Analysts, Pulte Croup ««uuPGA o|vu,Suite ruu Palm Beach Gardens,pLaamu Page 1406Of1743 I&PulteGroup City of Boynton Beach—Nickels Blvd. 1. Property Description: The property consists of +/-14.7 acres of land located in Unincorporated Palm Beach County, off Nickels Blvd, as shown below: m G een Foust D. n _ Ivsnln�e satl Ln - Klfely F 9" - W I_n M1eld Rd - Lutha en Nall�t M I w I�3 otiemn �Pandar: ciuen Un Ava � � Rushl�n PCNs: 00-43-45-19-00-000-3010,00-43-45-19-0 -006-0080, 00-43-45-19-04-006-0260,00-43-45-19-04-008-0200 2. Price Determination. The purchase price for the property is estimated to be $2,275,000 calculated based on an assumed entitlement of 91 Units. 3. Deposits. First Deposit: $10,000 (Cash) Deposit is due within five (5) business days after the parties execute a mutually acceptable contract and is non-refundable.The First Deposit is to be creditable against the total Purchase Price at Closing. Second Deposit: Upon the end of the Inspection Period,Buyer will deliver,within five (5) business days, an additional Deposit to Escrow Agent in the amount of 5% of the Purchase Price (less the first deposit) equal to $104,000. The Second Deposit is to be creditable against the total Purchase Price at Closing. 4. Inspection Period. Pulte will require 90 days from the signing of the contract in which to investigate the property at Buyer's expense. Pulte will have the right to buy(1) 30- day extension to closing by paying$5,000 in cash directly to the seller. The payment will be non-refundable but applicable to the purchase price. 5. Entitlement Period. Following the expiration of the Inspection Period and notice to proceed from buyer, Pulte shall have a period of 12 months to obtain the necessary entitlements to develop the property. Pulte will have the right to buy(1) 3-month extensions to closing by paying$20,000.The payment will be non-refundable and not applicable to the purchase price. 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1407 of 1743 A� I&Pulte "fit roup City of Boynton Beach—Nickels Blvd. a. Pulte will bear all the costs of getting the deed restriction removed as well as the entitlements. 6. Closing Schedule. Pulte shall close within 30 days of fulfillment of closing conditions or Entitlement Period termination date (whichever is earlier). 7. Conditions to Close. a) Palm Beach County revoking the deed restriction to allow for residential uses b) City of Boynton Beach vacating the existing ROW c) Final DRO site plan approval (non-appealable form) for a minimum 91 units d) Technical Compliance of Preliminary Plat and Construction Plans e) ERM Lake Excavation Permit f) LWDD Permit g) SFWMD ERP Permit This letter is not intended to create legal commitments binding upon either Pulte or the Seller. Said parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable,please indicate your approval by signingthis letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance,Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By: Seller Date: 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 1408 of 1743 11.A. NEW BUSINESS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-140-Approve and ratify the Collective Bargaining Agreement between the City and the Police Officers and Detectives unit of the Palm Beach County Police Benevolent Association (PBA). PROPOSED RESOLUTION NO. R19-141 -Approve and ratify the Collective Bargaining Agreement between the City and the Police Sergeants unit of the Palm Beach County Police Benevolent Association (PBA). EXPLANATION OF REQUEST: The terms of the Collective Bargaining Agreements for Police Officers and Detectives and Police Sergeants expired on September 30, 2019. The City and the respective PBA Unions began bargaining successor agreements in February 2019 and completed negotiations in September 2019. The term of the negotiated Agreements is October 1, 2019 through September 30, 2022. As the final step in the collective bargaining process, staff is recommending that the Commission approve/ratify the Agreements for implementation, with monetary terms retroactive to October 1, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having Collective Bargaining Agreements in place provides bargaining unit employees and management with direction on the current terms and conditions of employment in effect. FISCAL IMPACT: Budgeted The fiscal impact for wages is as follows; Year 1 was budgeted under the contingency line item Acct#001- 1211-512.99-01 for FY 2019/2020: Police Officers and Detectives Year 1 - $1,585,244 Year 2 - $ 675,887 Year 3- $ 398,007 Police Sergeants Year 1 - $ 308,427 Year 2 - $ 187,970 Year 3- $ 18,365 Total Wages Impact of Both Units Year 1 - $1,893,651 Year 2 - $ 863,857 Year 3- $ 416,372 ALTERNATIVES: 1. Do not ratify the Agreements and return to bargaining. Page 1409 of 1743 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang PBA Officers and Detectives CBA D Resolution Resolution appro\Ang PBA Sergeants CBA D Agreement CBA® Police Officers and Detectives D Attachment Signature Page® Officers and Detectives D Addendum CBA® Police Sergeants D Attachment Signature page® Sergeants Page 1410 of 1743 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING A COLLECTIVE BARGAINING 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, 6 FLORIDA AND THE PALM BEACH COUNTY POLICE 7 BENEVOLENT ASSOCIATION (PBA) FOR THE OFFICER AND 8 DETECTIVE BARGAINING UNIT FOR THE PERIOD OF 9 OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2022; 10 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE 11 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the City and the Palm Beach County PBA successfully negotiated a 14 new three year Collective Bargaining Agreement; and 15 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; 16 and 17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 18 the best interests of the residents and citizens of the City to ratify and execute the 19 Agreement. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach 28 and the Palm Beach County PBA for the Officer and Detective bargaining unit for the 29 period of October 1, 2019 through September 30, 2022, and authorizes the Mayor and City 30 Clerk to sign the Agreement, a copy of which is attached hereto as Exhibit "A". C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\50BBD09D-49D3-431F-BADB-2F1A4B158DFC\Boynton Beach.18721.1.PBA Officer And Detective CBA 2019-22 - Reso.Doc - 1 - Page 1411 of 1743 1 2 Section 3. This Resolution will become effective immediately upon passage. 3 4 PASSED AND ADOPTED this day of November, 2019. 5 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 22 VOTE 23 24 ATTEST: 25 26 27 28 Crystal Gibson, MMC 29 City Clerk 30 31 32 33 (Corporate Seal) 34 35 36 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\50BBD09D-49D3-431F-BADB-2F1A4B158DFC\Boynton Beach.18721.1.PBA Officer And Detective CBA 2019-22 - Reso.Doc -2 - Page 1412 of 1743 I RESOLUTION R19- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING A COLLECTIVE BARGAINING 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, 6 FLORIDA AND THE PALM BEACH COUNTY POLICE 7 BENEVOLENT ASSOCIATION (PBA) FOR THE SERGEANTS 8 BARGAINING UNIT FOR THE PERIOD OF OCTOBER 1, 2019 9 THROUGH SEPTEMBER 30, 2022; AUTHORIZING THE MAYOR 10 AND CITY CLERK TO SIGN THE AGREEMENT; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the City and the Palm Beach County PBA successfully negotiated a 14 new three year Collective Bargaining Agreement; and 15 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and 16 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 17 the best interests of the residents and citizens of the City to ratify and execute the 18 Agreement. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 20 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confirmed by the City Commission. 25 Section 2. The City Commission of the City of Boynton Beach, Florida does 26 hereby ratify the Collective Bargaining Agreement between the City of Boynton Beach and 27 the Palm Beach County PBA for the Sergeants bargaining unit for the period of October 1, 28 2019 through September 30, 2022, and authorizes the Mayor and City Clerk to sign the 29 Agreement, a copy of which is attached hereto as Exhibit "A". 30 Section 3. This Resolution will become effective immediately upon passage. C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\DB7B06E9-6A77-4044-AD12-3EB6F4D443BF\Boynton Beach.18722.1.PBA Sergeants_CBA 2019-22_-_Reso.Docx - 1 — Page 1413 of 1743 1 2 3 PASSED AND ADOPTED this day of November, 2019. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor— Steven B. Grant 11 12 Vice Mayor—Justin Katz 13 14 Commissioner—Mack McCray 15 16 Commissioner—Christina L. Romelus 17 18 Commissioner—Ty Penserga 19 20 21 VOTE 22 23 ATTEST: 24 25 26 27 Crystal Gibson, MMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\DB7B06E9-6A77-4044-AD12-3EB6F4D443BF\Boynton Beach.18722.1.PBA Sergeants_CBA 2019-22_-_Reso.Docx -2— Page 1414 of 1743 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND DETECTIVES OCTOBER 1, 2019 - SEPTEMBER 30, 2022 Page 1415 of 1743 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non-Discrimination 3 4 Dues Deduction 5 5 Union Business 6 6 Bulletin Board 7 7 Assignment Pay 8 8 Vacancies and Probation 9 9 Management Rights 10 10 Hours of Work and Overtime 11 11 Wages 13 12 Seniority 15 13 Additional Monetary Benefits 16 14 Uniforms 19 15 Annual Occupational Fitness Evaluations 20 16 Group Insurance 22 17 Leaves 25 18 Holiday Pay 29 19 Funeral Expenses 31 20 Training 32 21 Career Path Program 33 22 Personnel Records 34 23 Legal Action 35 24 Discipline 36 25 Appeals of Disciplinary Action 37 26 Grievance and Arbitration Procedure 38 27 Personal Vehicles 42 28 Drug Testing 43 29 Posting 44 30 Complete Agreement and Non-Waiver Provision 45 31 Severability 46 32 Duration 47 33 Take Home Vehicles 48 34 Off Duty Details 49 35 Pension 51 Appendix 1: Field Training and Police Training Officers 53 Addendum "A" - Drug Free Workplace Policy 54 Addendum "B" - Mutual Consent Agreement(IPTR) 65 Addendum "C" - Tuition Assistance Program 67 Police Officers and Detectives:October 1,2019-September 30,2022 i Page 1416 of 1743 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida,hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA" for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. Police Officers and Detectives:October 1,2019-September 30,2022 1 Page 1417 of 1743 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classifications: Police Officer and Detective,or as modified by PERC. The term"member"or"employee"will mean any member in the bargaining unit. The PBA recognizes the City Manager,the City's chief executive officer, or her designee(s) as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City's Human Resources Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur, the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. Police Officers and Detectives:October 1,2019-September 30,2022 2 Page 1418 of 1743 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the Police Officers and Detectives:October 1,2019-September 30,2022 3 Page 1419 of 1743 investigation. The Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief(or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. Police Officers and Detectives:October 1,2019-September 30,2022 4 Page 1420 of 1743 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) calendar days after notification of the revocation of the authorization to deduct by the employee. Police Officers and Detectives:October 1,2019-September 30,2022 5 Page 1421 of 1743 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre-determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence,the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. Police Officers and Detectives:October 1,2019-September 30,2022 6 Page 1422 of 1743 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. Police Officers and Detectives:October 1,2019-September 30,2022 7 Page 1423 of 1743 ARTICLE 7 ASSIGNMENT PAY Employees may be assigned to or removed from specialty units at the discretion of the Chief of Police. With the exception of assignments to K-9, marine and motorcycle, assignments may not be declined if the assignment has been posted and less than two members apply for the assignment.An assignment taken involuntarily will not exceed 90 calendar days in total. Removal from an assignment is not subject to grievance. Only the following assignments have a temporary monetary benefit, which ends when the employee is removed from the assignment: ASSIGNMENT: MONETARY VALUE: FT01 (Field Training Officer) 7%when actively training for one or more full shifts. PTO' (Police Training Officer) 7%when designated to training activities. SWAT (Special Weapons &Tactics) 10%when engaged in actual response; not training. HNT (Hostage Negotiation Team) 10%when engaged in actual response; not training. K-9 and Therapy Dog Unit Employees assigned to the K-9 Unit or to work with a therapy canine will receive one (1) hour of overtime for K-9 care, equipment maintenance and vehicle cleaning for each regular day off, vacation day when the dog is not kenneled or otherwise boarded. K-9 officers will be allowed one (1) hour of duty time per work day to tend to K-9 care, equipment maintenance and vehicle cleaning. Employees on vacation will be credited one (1) hour per day for K-9 care, equipment maintenance and vehicle cleaning. Acting Sergeant 7% following four (4) consecutive hours of assignment Detectives No further promotions to the rank of Detective First Grade (DFG) will occur (the rank had been eliminated). The members that had been promoted into that position are grandfathered in and have a base hourly rate of pay that is ten percent (10%) higher than the officer step 10. 1 See Appendix 1 for FTO&PTO program guidelines. Police Officers and Detectives:October 1,2019-September 30,2022 8 Page 1424 of 1743 ARTICLE 8 VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. Police Officer Recruits that are sponsored by the agency have a probationary period of one year that starts after passing the FDLE certification exam. Section 3. All newly hired certified officers have a probationary period of one (1) year from the date of hire. Section 4. Probation may be extended for the following reasons with concurrence of the Police Chief, Human Resources Director, and City Manager: a. For reasons of performance,probation may be extended for an additional ninety(90) days b. For any extended absence in which the employee is unable to fully participate in training and/or does not have sufficient time in service in which to be evaluated, probation may be extended for an amount of time deemed reasonable by the City,but not to exceed the total length of cumulative absences. c. The City's right to extend the probationary period of an employee does not create a right or entitlement of the employee to have their probationary period extended. Police Officers and Detectives:October 1,2019-September 30,2022 9 Page 1425 of 1743 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However,the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Police Officers and Detectives:October 1,2019-September 30,2022 10 Page 1426 of 1743 ARTICLE 10 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 172 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay,when so granted,will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on-duty status within seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on-duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53 - 7:07 = 7:00 7:08 - 7:22 = 7:15 7:23 - 7:37 = 7:30 7:38 - 7:52 = 7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty(30) calendar days of advanced notice to the Union of the change. Police Officers and Detectives:October 1,2019-September 30,2022 11 Page 1427 of 1743 Section 3. Shift Vacancy Procedure: Step 1: Vacancies will be filled with the off-going shift platoon by seniority. Step 2: These vacancies will be first offered to all Road Patrol Officers called in through seniority list. A. The list will start with the most senior road patrol officer eligible to work call-back overtime by ID number. B. In the event the shift vacancy is filled, the list will reset to the most senior road patrol officer. Step 3: All other personnel eligible for call-back overtime by seniority. A. Must be eligible to work the entire shift vacancy. Step 4: Detective First Grade personnel called in by seniority. A. Must be eligible to work the entire vacancy. Step 5: Ordered in by reverse seniority. Section 4. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on-duty assignment, i.e. late arrest. Members of the Bargaining unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this Section, work means regular assigned duties and detail assignments. The continuous sixteen (16) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Section S. An employee may engage in outside employment, (including off-duty detail or self- employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form &Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's Sergeant and to Risk Management prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. Police Officers and Detectives:October 1,2019-September 30,2022 12 Page 1428 of 1743 ARTICLE 11 WAGES Effective October 1, 2019 the following Step Pay Plan is in effect: • Year One: On October 1, 2019, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step. There is no payment or advancement beyond Step 10. - Salary $ 56,825 $ 59,240 $ 61,758 $ 64,382 ® $ 67,119 $ 69,971 $ 72,945 $ 76,045 ® $ 79,277 ® $ 82,646 $ 86,159 • Year Two: On October 1, 2020, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. • ® Salary $ 56,825 $ 59,666 $ 62,650 $ 65,782 ® $ 69,071 $ 72,525 ® $ 76,151 $ 79,958 ® $ 83,956 ® $ 88,154 $ 92,562 Police Officers and Detectives:October 1,2019-September 30,2022 13 Page 1429 of 1743 • Year Three: On October 1, 2021, each bargaining unit member will be placed in the step that corresponds with his/her current years of sworn service at the City. On the anniversary date of the member's sworn service date, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step 10. - ® Salary $ 57,825 $ 60,716 $ 63,752 $ 66,940 ® $ 70,287 $ 73,801 $ 77,491 $ 81,366 ® $ 85,434 ® $ 89,706 $ 94,191 Grandfathered Detectives First Grade are paid at an hourly base rate that is ten percent (10%) higher than the step rate that corresponds to their currenttotal years of sworn service at the City. Police Officers and Detectives:October 1,2019-September 30,2022 14 Page 1430 of 1743 ARTICLE 12 SENIORITY Section 1. Seniority consists of continuous accumulated paid sworn service with the Boynton Beach Police Department. Seniority shall be computed from the date of appointment. Seniority shall accumulate during absences because of illness, injury in the line of duty, vacation, military leave or any other authorized leave of absence. Section 2. The City agrees that seniority shall govern,or in the case of layoffs be a factor in,the following matters: A. Layoffs will be in the following order: Officers who have completed three and one half(3.5) or more years of DROP, then by reverse seniority in rank. Members who have been laid off are subject to recall for up to one (1) year. B. Semi-Annual Shift Bidding Process. C. Any special event (Holiday Parade, July 4th, or any other event) shall be offered through a rotating list of bargaining unit personnel based upon Department seniority. This section does not apply to special event which require specified and established training and skills. Section 3. Assignments to platoons, divisions,and units, is a management right. Seniority will be given great weight in the selection process, after qualifications and balance of personnel are considered. Seniority may not in all cases be a prevailing qualification or the sole basis for the selection. The decision may be reviewed upon request by the Chief of Police who has the final decision. Section 4. In the event of a declared emergency alternate shifts or work schedules may be adopted by the Chief of Police as needed. Section S. Employees who separate from employment with the Boynton Beach Police Department and thereafter return to employment shall not be permitted to bridge seniority. Police Officers and Detectives:October 1,2019-September 30,2022 15 Page 1431 of 1743 ARTICLE 13 ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities,special projects,and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the member fails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty(180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. (b) A bargaining unit member who is promoted to a position outside of the Police Officers &Detectives bargaining unit, or who separates from employment will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Officers' or Police Detectives' rank. . Section 2. Call Back A notification/call-out may be done by e-mail if a shift vacancy is expected/known prior to forty-eight (48) hours of the shift needing coverage. This notification would be for all members, including the off-going shift. Call back is defined as any time an officer is called into work when he/she is off duty, or when the work time is not contiguous with his/her assigned shift. In the event of call back the employee shall be compensated for the actual time worked,but not less than three (3) hours at the rate of pay one and one-half(1.5) times his or her regular rate of pay. When an officer is called for call back(s)he will be guaranteed a minimum of three (3) hours at time and one-half, and at his/her supervisor's discretion, the officer may be required to work the entire three hours or longer. When an officer is Police Officers and Detectives:October 1,2019-September 30,2022 16 Page 1432 of 1743 called for call back, his/her supervisor will indicate as to whether or not(s)he should arrive in uniform or in plain clothes, if the option is available. Section 3. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. Section 4. On Call Any bargaining unit member who is on an "on-call" status (other than court time as outlined in Article 14, Section 3) shall receive compensation of one hour of pay at time and one half for each day (24 hour period) (s)he is on call. No member will be placed in an on-call status without the approval of a Command Staff member. Section S. Shift Swaps The City will establish the hours of work best suited to meet the operational and fiscal needs of the Department. Any officer who accepts and participates in a shift swap will follow the proper protocol. No officer shall pay or otherwise compensate a fellow officer for swapping shifts. If the officer is sick and cannot meet his/her obligation to work the shift, they are permitted to find a replacement without penalty. If any officer abuses this privilege by calling in sick the first time, they will lose the sick time (per hour) and be suspended from shift swaps for three (3) months. The second subsequent sick call will be a six (6) month suspension from shift swaps, and the third sick call could force the member to be permanently disqualified from shift swaps. The member calling in sick will not be penalized if they provide a legitimate excuse or provide documentation of being sick. Section 6. Shift Changes - Employer An officer will be given adequate advance notice as determined by the Police Chief of any change in his/her regular hours of work except when an emergency exists. Notice given that is less than forty-eight (48) hours before any changed schedule (assignment days or days Police Officers and Detectives:October 1,2019-September 30,2022 17 Page 1433 of 1743 off) is to take effect entitles the officer to receive compensation at the rate of one and one-half (1.5) times his/her regular hourly rate for the first day of his/her tour of duty. Section 7. City Business Outside of Palm Beach County The City agrees that any member who is required to be out of Palm Beach County to attend court proceedings as a representative for the City, seminars, or for any other reason as a result of his/her official City duties as a police officer (s)he will be paid his/her regular rate of pay for each day or partial day required for said purposes. Any travel outside of the State of Florida requires the City Manager's written approval prior to the purchase or payment of any fees for registration, travel, and/or accommodations. Police Officers and Detectives:October 1,2019-September 30,2022 18 Page 1434 of 1743 ARTICLE 14 UNIFORMS Section 1. After a Bargaining unit member's initial allocation of uniforms,the City will provide two (2) full uniform sets and one (1) pair of shoes per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate,as determined by the Police Chief(or Designee),and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive up to a total of $1,400.00 a fiscal year, limited to $350.00 installments at the end of each quarter, in lieu of uniforms for clothing used at work. Section 2. Reimbursement,replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro-rated basis.Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Detectives and other members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 4. AVLs: An AVL Committee will meet to discuss the use of AVLs and a policy will be developed. Police Officers and Detectives:October 1,2019-September 30,2022 19 Page 1435 of 1743 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an annual occupational fitness evaluation as scheduled. In any instance where a bargaining unit member is required to complete this evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half(1.5) times the bargaining unit member's hourly rate of pay. A. It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. B. Failure to attend, and/or participate in the annual occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time,and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. C. For the term of this Agreement, the City will contract with a qualified medical provider to perform the annual occupational fitness evaluation. October 1, 2019 through September 30, 2022, the City is using LifeScan as its provider for these services. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file,which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty,"or who was recommended for referral to another medical provider, may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis - Type B: Available to all bargaining unit members Police Officers and Detectives:October 1,2019-September 30,2022 20 Page 1436 of 1743 o Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis - Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 3. Other Testing: • The City shall provide lead testing for Range Instructors. • The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. Police Officers and Detectives:October 1,2019-September 30,2022 21 Page 1437 of 1743 ARTICLE 16 GROUP INSURANCE Section 1. Medical, Dental, and Vision Insurance The sole medical benefit plan currently available to employees is a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: Plan Year One: October 1, 2019 - September 30, 2020 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year One, this conversion can be done at the following times: i. October 1, 2019 - November 15, 2019 (any amount up to an annualized total of $1000.00). ii. April 1, 2020-April 30, 2020 (any amount up to an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2019 through September 30, 2020. New Hires: Bargaining unit members hired on or after October 1, 2019, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2020. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Plan Year Two: October 1, 2020 - September 30, 2021 HSA Contributions: Police Officers and Detectives:October 1,2019-September 30,2022 22 Page 1438 of 1743 The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 1, 2021. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2020. Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Two,this conversion can be done at the following times: i. January 1, 2021 - January 31, 2021 (any amount up to an annualized total of $1000.00). ii. April 1, 2021 -April 30, 2021 (anyamountupto an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2020 through September 30, 2021. New Hires: Bargaining unit members hired on or after October 1, 2020, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2021. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Plan Year Three: October 1, 2021 - September 30, 2022 HSA Contributions: The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account(HSA) on the first full pay check date following January 1, 2022. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2021. Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Three, this conversion can be done at the following times: i. January 1, 2022 - January 31, 2022 (any amount up to an annualized total of $1000.00). Police Officers and Detectives:October 1,2019-September 30,2022 23 Page 1439 of 1743 ii. April 1, 2022 -April 30, 2022 (any amount up to an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2021 through September 30, 2022. New Hires: Bargaining unit members hired on or after October 1, 2021, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2022. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Section 2. Life Insurance: Bargaining unit members are provided with a thirty-five thousand dollar ($35,000) term life and accidental death policy with the premium paid by the City. Police Officers and Detectives:October 1,2019-September 30,2022 24 Page 1440 of 1743 ARTICLE 17 LEAVES Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years &after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year, vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30th of each year will be forfeited. B. Reduests: Police Officers and Detectives:October 1,2019-September 30,2022 25 Page 1441 of 1743 1. Vacation requests maybe submitted from 14-45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted thirty (30) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. All other requests submitted with less than thirty (30) days of notice shall be on a first come first serve basis regardless of seniority. 4. Request for emergency vacation leave will considered individually by the Chief. S. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty- four(24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty(60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick"pay code mustbe provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." Police Officers and Detectives:October 1,2019-September 30,2022 26 Page 1442 of 1743 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty(40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers'Compensation case,where (s)he has declined a light duty assignment or where no such assignment is available. S. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Required: For any use of sick time in excess of three (3) consecutive work days, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. "Consecutive work days"means any day for which a member was scheduled to work, including additional or "overtime" shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Police Officers and Detectives:October 1,2019-September 30,2022 27 Page 1443 of 1743 Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 0% years but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part-time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table.. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 1St of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30th. F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief(or Designee), a member may be granted up to forty-six (46) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter,grandparents,grandchildren,mother-in-law,father-in-law,sister-in-law or brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However,if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. Police Officers and Detectives:October 1,2019-September 30,2022 28 Page 1444 of 1743 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 75 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King,Jr. Day o Presidents' Day o Memorial Day o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Police Officers and Detectives:October 1,2019-September 30,2022 29 Page 1445 of 1743 Section S. There is no additional pay, premium or otherwise, for time worked on City- observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City-observed or actual holidays. Section 7. Members with non-road patrol assignments whose scheduled work day falls on a City-observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City-observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City-observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City-observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non-road patrol member may flex his/her schedule during any work week in which there is a City-observed holiday. Police Officers and Detectives:October 1,2019-September 30,2022 30 Page 1446 of 1743 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. Police Officers and Detectives:October 1,2019-September 30,2022 31 Page 1447 of 1743 ARTICLE 20 TRAINING Section 1. a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half(1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, Other Training/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non-scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition Assistance The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program,which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers &Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. The City will reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. Police Officers and Detectives:October 1,2019-September 30,2022 32 Page 1448 of 1743 ARTICLE 21 CAREER OFFICER PROGRAM The City agrees to discuss the development of a Career Officer Program on or after January 15, 2021 at the request of the Union. Police Officers and Detectives:October 1,2019-September 30,2022 33 Page 1449 of 1743 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing(E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency(including IRS),or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. Police Officers and Detectives:October 1,2019-September 30,2022 34 Page 1450 of 1743 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes,the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. Police Officers and Detectives:October 1,2019-September 30,2022 35 Page 1451 of 1743 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end,the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3. Any bargaining unit member who has been promoted who, thereafter, is demoted shall be returned to the position and shift he or she occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable for the member. Personnel re- entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager. No pre-determination conference shall be conducted with less than ten (10) calendar days' notice to the Employee. Section S. Suspensions will be imposed in increments of eight(8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. Police Officers and Detectives:October 1,2019-September 30,2022 36 Page 1452 of 1743 ARTICLE 2 5 APPEALS OF DISCIPLINARY ACTION Discipline is classified as either major or minor. MAJOR DISCIPLINE is a: • termination, • demotion, or • suspension without pay of more than sixteen (16) hours. MINOR DISCIPLINE is a: • written reprimand, • suspension without pay of sixteen (16) hours or less. Appeals of disciplinary action shall be handled as follows: MAJOR DISCIPLINE: Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant to Article 26. MINOR DISCIPLINE: A. Written reprimands may not be appealed but the Employee may submit a written response provided the response is submitted within fifteen (15) calendar days of the written reprimand. If a written response is submitted by the Employee, it shall be attached to the written reprimand and placed in the Employee's personnel file. B. Suspensions without pay of sixteen (16) hours or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing via electronic mail to the City Manager and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the suspension without pay. The City Manager shall render a decision within twenty (20) calendar days of the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. The City Manager or her designee may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her review of the discipline. Police Officers and Detectives:October 1,2019-September 30,2022 37 Page 1453 of 1743 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days"in this Article shall mean calendar days. Section S. Procedures A. Grievance Procedures Step One - Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of the occurrence or on or by the fifteenth (15th) day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. Police Officers and Detectives:October 1,2019-September 30,2022 38 Page 1454 of 1743 The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (101h) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two - City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (151h) day of receipt of the Police Chief's Step One response. The City Manager(or Designee),at his/her discretion,may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made,the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty(30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee or an Association representative may move to the next step. Step Three -Arbitration If the grievance has not been settled by Steps 1 and 2, the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (151h) day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. Police Officers and Detectives:October 1,2019-September 30,2022 39 Page 1455 of 1743 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety,the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy,will be shared equally by the Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. Police Officers and Detectives:October 1,2019-September 30,2022 40 Page 1456 of 1743 By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. Police Officers and Detectives:October 1,2019-September 30,2022 41 Page 1457 of 1743 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools, and/or seminars. Police Officers and Detectives:October 1,2019-September 30,2022 42 Page 1458 of 1743 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post-accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum «A Police Officers and Detectives:October 1,2019-September 30,2022 43 Page 1459 of 1743 ARTICLE 29 POSTING Vacancies in positions or assignments will be posted in-house no less than ten (10) calendar days before the application deadline for the position or assignment. Anyone applying for a posted position must meet the qualifications on the final day of posting; for example, while the applicant may not be eligible at the time his/her application is submitted, if the applicant will satisfy all of the qualifications by the final day of posting, the application shall be accepted and considered. Police Officers and Detectives:October 1,2019-September 30,2022 44 Page 1460 of 1743 ARTICLE 30 COMPLETE AGREEMENT AND NON-WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the Parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations, and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provide written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) calendar days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre-implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include 3 dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first 10 days following the PBA request. When bargaining is requested, it shall begin no less than 10 days following the PBA's request and shall be concluded within 14 days following the first bargaining session. Unless otherwise agreed to by the City and PBA during their bargaining,the modification will take effect as initially announced by the City,subject to the PBA's right to continue impact bargaining. (c) This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. All reference to days in this section means calendar days, inclusive of Saturdays, Sundays and Holidays. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. Police Officers and Detectives:October 1,2019-September 30,2022 45 Page 1461 of 1743 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof,such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. Police Officers and Detectives:October 1,2019-September 30,2022 46 Page 1462 of 1743 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2022. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Police Officers and Detectives:October 1,2019-September 30,2022 47 Page 1463 of 1743 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. A Member who is not on light duty or who has not had his/her police powers suspended is eligible for a take home vehicle if the Member resides within the following counties: Broward, Palm Beach, and Martin. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Police Officers and Detectives:October 1,2019-September 30,2022 48 Page 1464 of 1743 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (work performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA,but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes'. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive seven dollars ($7.00) per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on-duty activity. 1 (4) "Compensation" or "salary" means,for non-collectively bargained service earned before July 1, 2011, or for service earned under collective bargaining agreements in place before July 1, 2011, the total cash remuneration including "overtime"paid by the primary employer to a police of cer for services rendered, but not including anv pavments for extra duty or special detail work performed on behalLo a second party emplover. §185.02, Fla. Stat. Ann. BB Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime"paid by the primary employer to a police of cer for services rendered, but not includinZ anv pavments for extra duty or a special detail work performed on behalLo a second party emplover paid directly to the police o icer by the second party emplover. Police Officers and Detectives:October 1,2019-September 30,2022 49 Page 1465 of 1743 Any police officer who is on sick leave,workers' compensation, or working light duty will not work any off-duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from regular active duty. Any police officer may not work more than twenty-four(24) hours of overall off-duty details during any seven (7) day work period. Exceptions are granted when officer is on vacation (for a minimum of forty (40) consecutive hours); then the twenty-four (24) hour limitation maybe exceeded. The Police Chief may suspend an employee's right to work off-duty details as a component of a disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining unit members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. Police Officers and Detectives:October 1,2019-September 30,2022 50 Page 1466 of 1743 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent(3%). • The vesting period for Police Officers and Detectives hired on or after October 1,2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. Section 2. Agreed Changes During Bargaining of Current Agreement Mutual Consent Agreement, included as Addendum "B," which provides that the City will receive a total of$90,000 in $30,000 increments in November 2019, November 2020, and November 2021. Employees hired on or after October 1, 2019: Normal retirement - the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age - Eliminating the 50 years of age with 15 years of credited service. Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement- 50 years of age with 10 years of credited service. ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of this Agreement- Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1 - 0.5% additional contribution • Year 2 - 0.5% additional contribution • Year 3 - 0.5% additional contribution Police Officers and Detectives:October 1,2019-September 30,2022 51 Page 1467 of 1743 Section 3. DROP Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. Police Officers and Detectives:October 1,2019-September 30,2022 52 Page 1468 of 1743 APPENDIX 1 (Referenced in Article 7) FIELD TRAINING AND POLICE TRAINING OFFICERS The PTO and FTO programs will work in concert to prepare and evaluate newly hired officers. 1. Field Training Officer (FTO) DEFINED:Any sworn department member assigned to Uniform Services in Road Patrol capacity working on any Platoon in full uniform and marked police cruiser subject to the demands of receiving and handling calls for service from Communications as their daily routine are available to train newly employed personnel in the field. 2. Police Training Officer (PTO) DEFINED: A sworn member of the Administrative Services Division who has been selected, in accordance with Article 32, and who has completed the requisite training as defined by the department's Index Code on the PTO program. a. Officers who are in training will occasionally require training from members of other specialized units within the department, (e.g.Traffic, K-9, etc.) The officers from those specialized units who provide this training will receive seven percent (7%) incentive pay for hours worked in this training capacity. This training incentive pay will be retroactive to the hours of their assignment. 3. PTOs and FTOs will be responsible for training all newly assigned probationary employees. 4. In the event a PTO is reassigned from the PTO unit to any other duty assignment, they will no longer be considered a PTO and will no longer receive their assignment pay. S. Assignment as a PTO or FTO is not a promotion to any rank. 6. An officer's assignment as a PTO or FTO can be ended or suspended at the discretion of the Chief of Police. Police Officers and Detectives:October 1,2019-September 30,2022 53 Page 1469 of 1743 ADDENDUM"A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees, promotes crime and harms our local community. Moreover, the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling,testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen,which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test Police Officers and Detectives:October 1,2019-September 30,2022 54 Page 1470 of 1743 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. S. "Employee"means an individual who works for salary,wages,or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test"means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test 10. "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer,a job assignment that requires the employee to carry a firearm,work closely with an employee who carries a firearm,perform life-threatening procedures,work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127. or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)"means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result The MRO need not be an employee of the City. 12. "Prescription or Nonprescription Medication"means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments,or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question.Among other things,such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. Police Officers and Detectives:October 1,2019-September 30,2022 55 Page 1471 of 1743 b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident,one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post-accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post-accident drug testing from taking place. iii. Refusal to submit to an order for post-accident drug testing, or intentionally delaying a post-accident drug test can result in termination;however,nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery,or equipment 14. "Special-Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633,Fire Prevention and Control or Chapter 943,Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury,which requires drug testing. Police Officers and Detectives:October 1,2019-September 30,2022 56 Page 1472 of 1743 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal drugs, or prescription medication in levels exceeding prescribed dosage in his/her system,in possession of,using,selling,trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties,will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If,in the opinion of both supervisors,the employee is considered impaired,the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the Police Officers and Detectives:October 1,2019-September 30,2022 57 Page 1473 of 1743 employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. S. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work,the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above-section,who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program Police Officers and Detectives:October 1,2019-September 30,2022 58 Page 1474 of 1743 The City offers an Employee Assistance Program(EAP)which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program,below is a list of local assistance programs and local drug and alcohol rehabilitation programs: a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County : 561-278-0000 c) Palm Beach Al-Anon/AI-a-Teen Information : 561-882-0308 d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly,the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment,and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random,periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment These stipulations may be incorporated in a Last Chance Agreement 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. Police Officers and Detectives:October 1,2019-September 30,2022 59 Page 1475 of 1743 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees'behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol,the employee must be sent for reasonable suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if(s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee,which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program,the employee will be subject to discipline,up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive,confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: Police Officers and Detectives:October 1,2019-September 30,2022 60 Page 1476 of 1743 1. Pre-employment. Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing,safety- sensitive, or special-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug and alcohol test. 3. Post-incident. Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention as a result of a work-related injury or accident, or (c) the employee receiving a citation. [See 13.e. (i-iii)]. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis,a designated Police Officer uses www.random.or to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list In addition, members assigned to Vice are tested once every six(6) months. 5. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2)years after their return to work. These stipulations may be codified in a Last Chance Agreement A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers'compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9,who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive,confirmed drug or alcohol test C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise,received by the City through the drug testing program Police Officers and Detectives:October 1,2019-September 30,2022 61 Page 1477 of 1743 will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name,which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non-exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits,wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates Police Officers and Detectives:October 1,2019-September 30,2022 62 Page 1478 of 1743 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13.A metabolite on any substance listed herein 14.Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine,Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine,horse,smack Hydromorphone Dilaudid Meperidine Demerol,Mepergan Methadone Dolophine,Methadone,Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion,Paxipam,Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil,Miltown,Noludar,Placidyl,Valmid NEW DRUGS- New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor-Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products,this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine,Didrex, Lonamine,Fastin. Cannabinoids: Marinol (Dronabinol,THC). Cocaine: Cocaine, HCI topical solution(Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Police Officers and Detectives:October 1,2019-September 30,2022 63 Page 1479 of 1743 Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate),Percodan,Vicodin,Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital,Butalbital, Phrenilin,Triad, etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene,Valium,Verstran,Halcion,Paxipam,Restoril, Centrax,etc. Methadone: Dolophone, Metadose,etc. Propoxyphene: Darvocet,Darvon N,Dolene, etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s)because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City,the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant 3. An employee may further challenge the results of the test in a court of competent jurisdiction or,if the drug was administered due to a workplace injury,by filing a claim for benefits with a judge of compensation claims,pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). Police Officers and Detectives:October 1,2019-September 30,2022 64 Page 1480 of 1743 ADDENDUM "B" MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA)> NOW THEREFORE,the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($90,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of thirty thousand dollars ($30,000) in November 2019, November 2020, and November 2021. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows Police Officers and Detectives:October 1,2019-September 30,2022 65 Page 1481 of 1743 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) CITY OF BOYNTON BEACH Lori LaVerriere, City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Crystal Gibson, City Clerk APPROVED AS TO LEGAL FORM: City Attorney Police Officers and Detectives:October 1,2019-September 30,2022 66 Page 1482 of 1743 ADDENDUM "C' CITY OF BOYNTON BEACH HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT h4k TUITION ASSISTANCE PROGRAM POLICY NO.05-003 August 1, 2018 SUMMARY OF REVISEDP DELETED,OR ADDED CONTENT Revision Date ResponsibleDepart roen cro tions fho r� e 1 August 1,2018 Human Resources& Risk Mgt Replaces APM 04.01®03 APPROVAL: City Manage Date Police Officers and Detectives:October 1,2019-September 30,2022 67 Page 1483 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2019 Page 1 of 7 Tuition Assistance Program 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE Employees who are eligible to participate in this program are full time, non-probationary; unrepresented (General) employees and full-time, non-probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees who are governed by a Collective Bargaining Agreement other than SEW are not eligible to participate in this program. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or univeEa4: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post-secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (h_t_t_p_5L:L/o2L-e_d_.Zov/ ccrectitation Search-as x). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six(3 6)hours per work week. c. "in g-Qod standin Z!: An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Hasnot been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement, and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has of received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. d. Non-probationary, An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1)year are considered"non-probationary"for purposes of this policy. Police Officers and Detectives:October 1,2019-September 30,2022 Page 1484 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 2 of 7 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts,will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted,whichever comes first The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. * Reimbursement Period One. For course dates between August and December • Deadline for submitting Reimbursement Applications:January 31st • Final reimbursement issued in February * Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications:August 31st o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumggrices even if they are a requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 4. Course that earns only Continuing Education Credits (CEUs); S. Exam preparation course or entrance exam; 6. Course taken as"audit only"; 7. Course graded only as"Pass/Fail"; B. Course issuing credit only as"Life Experience"and/or"Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. Police Officers and Detectives:October 1,2019-September 30,2022 69 Page 1485 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 3 of 7 D. The letter grade an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100% • B= 75% • C= 50% • D= 0% (ineligible for reimbursement under this policy) • F= 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete' or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of$5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service(IRS). F. An employee who separates employment for any reason other than a City-initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amounts) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should expect or rely upon the City, Human Resources,or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Enrollments"tab. Police Officers and Detectives:October 1,2019-September 30,2022 -70 Page 1486 of 1743 Poky No.05-003 Tuitlon Assistance Program August 1,2018 Page 4 of 7 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the"Enrollments"tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied,the reason for the denial will be included. C. A separate Tuition Assistance Program Reimbursement Application is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to:br@bbfl.us with the subject line. Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program,YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example,the first request received on October 1, 2017 would be assigned the tracking number:TAP-2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications"tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" tab. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. Police Officers and Detectives:October 1,2019-September 30,2022 "1 Page 1487 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 5 of 7 ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracldng spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. HL Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 31st deadline for submitting Reimbursement Applications. L Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. Police Officers and Detectives:October 1,2019-September 30,2022 72 Page 1488 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 6 of 7 Addendum:Tuition Assistance Program Current Reimbursement Year Expenses and Amounts FOR FISCAL YEAR REIMBURSMENT: October 1, 2018-September 30,2019 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1, 2018. In order to be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30th) day following the last date of the ter /session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees, (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Reguired Course Textbook(5 : (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: * Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 * Graduate Degree: $4,041.24 No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year. Police Officers and Detectives:October 1,2019-September 30,2022 73 Page 1489 of 1743 SIGNATURE PAGE Agreed to this day of 2019, by and between the respective Parties through the authorized representatives of the PBA and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: Witness John Kazanjian, President By: Witness Brennan Keeler, Legal Counsel CITY OF BOYNTON BEACH By: Witness Mayor- Steven B. Grant ATTEST: Witness Crystal Gibson APPROVED AS TO FORM City Clerk AND CORRECTNESS: City Attorney Lori LaVerriere, City Manager Ratified by City Commission Ratified by Union Date Date Page 1490 of 1743 SIGNATURE PAGE Agreed to this day of 2019, by and between the respective Parties through the authorized representatives of the PBA and the City. PALM BEA COUNTY POLICE E OLENT SOCIATION By: Witness John Kaz�**(an, Prle�' ent By: Witness Brennan Keeler, Legal Counsel CITY OF BOYNTON BEACH By: Witness Mayor- Steven B. Grant ATTEST: Witness Crystal Gibson APPROVED AS TO FORM City Clerk AND CORRECTNESS: All- City Attorney Lori LaVerriere, City Manager Ratified by City Commission Ratified by Union Date Date Pa 1491 of 1743 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION POLICE SERGEANTS OCTOBER 1, 2019 - SEPTEMBER 30, 2022 Page 1492 of 1743 TABLE OF CONTENTS ARTICLE PAGE NO 1 Preamble 1 2 Recognition and Notice 2 3 Non-Discrimination 3 4 Dues Deduction 5 5 Union Business 6 6 Bulletin Board 7 7S Assignment Pay 8 8S Vacancies and Probation 9 9 Management Rights 10 10 Hours of Work and Overtime 11 11S Wages 13 12S Seniority 15 13S Additional Monetary Benefits 16 14 Uniforms 19 15 Annual Occupational Fitness Evaluations 20 16 Group Insurance 22 17 Leaves 25 18 Holiday Pay 29 19 Funeral Expenses 31 20 Training 32 21S Reproduction 33 22S Personnel Records 34 23 Legal Action 35 24 Discipline 36 25 Appeals of Disciplinary Action 37 26 Grievance and Arbitration Procedure 38 27 Personal Vehicles 42 28 Drug Testing 43 29 Posting 44 30 Complete Agreement and Waiver Clause 45 31 Severability 46 32 Duration 47 33 Take Home Vehicles 48 34 Off-Duty Details 49 35 Pension 51 36S No Strike or Lock Out 53 37S Workers' Comp and Duty Disability 54 38S Qualifications for a Bargaining Unit Position 55 Addendum "A" - Drug Free Workplace 56 Addendum "B" - Mutual Consent Agreement(IPTR) 67 Addendum "C" - Tuition Assistance Program 69 Police Sergeants:October 1,2019-September 30,2022 i Page 1493 of 1743 ARTICLE 1 PREAMBLE This Agreement is entered into by the City of Boynton Beach, Florida,hereinafter referred to as the "City" and Palm Beach County Police Benevolent Association, Inc., located in West Palm Beach, Florida, hereinafter referred to as the "PBA" for the purpose of setting forth the Parties' Agreements regarding rights, wages, hours, terms and conditions of employment, and benefits. Police Sergeants:October 1,2019-September 30,2022 1 Page 1494 of 1743 ARTICLE 2 RECOGNITION AND NOTICE The City recognizes the Palm Beach County Police Benevolent Association ("PBA") as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and terms and conditions of employment for the bargaining unit consisting of all full time sworn police officers within the following job classification: Police Sergeant or as modified by PERC. The term "member" or "employee" will mean any member in the bargaining unit. The PBA recognizes the City Manager, the City's chief executive officer, or her designees as the exclusive City representative(s) for the purpose of collective bargaining with respect to the wages, hours and terms and conditions of employment of PBA bargaining unit employees. All notices concerning the wages, benefits, and conditions of employment of bargaining employees to the PBA will be addressed to the attention of PBA President with a copy to the PBA General Counsel and mailed or delivered to 2100 N. Florida Mango Road, West Palm Beach, FL 33409. If changes occur, the PBA will advise the City in writing of the names and addresses of other PBA representatives, if any, who are authorized to accept notices from the City. Notice by the City to anyone other than those persons designated by the PBA does not satisfy legal notice and is not binding on the PBA. All notices to the City will be addressed to the City Manager with a copy to the City HR Director and mailed to P.O. Box 310, Boynton Beach, FL 33425. If changes occur,the City will advise the PBA in writing of the names and addresses of other City representatives, if any, who are authorized to accept notices from the PBA. Notice by the PBA to anyone other than those persons designated by the City Manager does not satisfy legal notice and is not binding on the City. Police Sergeants:October 1,2019-September 30,2022 2 Page 1495 of 1743 ARTICLE 3 NON-DISCRIMINATION The City will not interfere with the rights of officers to become members of the PBA, and there shall be no discrimination, interference, restraint or coercion by the City, or any City representative, against any officer because of membership or because of any activity in any official capacity on behalf of the PBA. The PBA shall not discriminate against any bargaining unit member who fails to join the PBA, as provided by law. The sole remedy for charges in this paragraph is the filing of an Unfair Labor Practice (ULP). The City and the PBA oppose discriminatory behavior of any nature. The City and the PBA shall work jointly to eradicate discriminatory conduct in the work place. To that end, the City and the PBA agree that both Parties have an affirmative duty to act against discriminatory behavior when it occurs in their presence or comes to their attention. Discriminatory conduct by an employee can result in disciplinary action up to and including termination. Discriminatory conduct means any communication, verbal or non-verbal, which is unwelcome, objectionable, or not acceptable, desired, or solicited and relates to race, sex, color, religion, gender, gender identity or expression, national origin, physical or mental disability, sexual orientation, age, marital status, or any other unlawful factor. Alleged violations of this section shall not be subject to the grievance and/or arbitration procedure established herein; rather, they may be filed with and remedied by the appropriate local, state, and/or federal agency. Sustained allegations of violations of this paragraph resulting from an internal investigation remain subject to the grievance and/or arbitration procedures established herein. Bargaining unit members have an affirmative duty to report any discriminatory conduct to the City's Director of Human Resources and Risk Management and Internal Affairs. Complaints of Alleged Violations of EEOC Laws Any investigation into a complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the Equal Employment Opportunity Commission (EEOC) requires involvement and oversight by the City's designated EEO Officer: the Director of Human Resources and Risk Management. As such, the Director of Human Resources and Risk Management shall be immediately notified by the Police Chief (or Acting Police Chief) of any such complaint/allegation made against a Law Enforcement Officer and of the opening of an Internal Affairs case/investigation related to such complaint/allegation. The Director of Human Resources and Risk Management is subject to all confidentiality requirements applicable to Internal Affairs investigations and the penalties for violating any such provision. The Director of Human Resources and Risk Management shall have immediate access to and shall promptly review the complaint/allegation and any information provided in connection with the complaint/allegation. Internal Affairs investigator(s) shall then confer and consult with the Director of Human Resources and Risk Management on all aspects of the Police Sergeants:October 1,2019-September 30,2022 3 Page 1496 of 1743 investigation. The Director of Human Resources and Risk Management may be present at any investigatory interview/interrogation but may not directly question a member during that interview unless requested by the member. Any complaint of a Law Enforcement Officer's alleged violation of any provision of a law/regulation under the purview of the EEOC that is made directly to, or filed directly with, a member of the City's Human Resources and Risk Management Department shall be immediately referred to the Police Chief(or Acting Police Chief). The City shall follow all provisions of law set forth in Florida Statutes, Sections 112.532, 112.533, and 112.534, commonly known as the "Police Officers Bill of Rights," throughout the investigation. Police Sergeants:October 1,2019-September 30,2022 4 Page 1497 of 1743 ARTICLE 4 DUES DEDUCTION The City will deduct Union dues from the pay of any bargaining unit member who voluntarily requests such deductions upon receipt of a notice from the PBA and approval by the City. The total amount of deductions shall be remitted each month by the City to the Treasurer of the PBA. This authorization shall remain in full force and effect during the term of this Agreement or for thirty (30) days after notification of the revocation of the authorization to deduct by the employee. Police Sergeants:October 1,2019-September 30,2022 5 Page 1498 of 1743 ARTICLE 5 UNION BUSINESS Section 1. Elected PBA representatives who are on duty may be granted paid leave to engage in representation activities on behalf of the PBA or any member as follows: A. Engaging in collective bargaining with the representatives of the City. B. Processing of grievances. C. Accompanying a fellow bargaining unit member when: 1. The member is required to appear at a hearing related to a grievance. 2. The member is presenting or responding to a grievance. 3. The member is subject to questioning and believes (s)he may be disciplined. The City may negate the member's concern regarding discipline by written confirmation to the officer that (s)he will not be disciplined based on answers provided in the questioning. 4. The member is attending a pre-determination hearing. The City may deny a request for time off if it interferes with productivity or staffing needs. However, the exercise of such right on the City's part shall not allow the City to proceed in a manner which deprives the employee of his or her right of representation. A PBA representative employed by the City may be permitted to take unpaid leave to attend functions of the PBA. If the leave results in the City incurring overtime directly related to the absence,the City will not approve the request. Section 2. No employee may engage in PBA business or use City equipment or property while on duty except as referenced in Section 1. Police Sergeants:October 1,2019-September 30,2022 6 Page 1499 of 1743 ARTICLE 6 BULLETIN BOARD The City will provide bulletin board space; one in the Line Up Room and one in the Investigative Services Section for the exclusive use of the PBA, for posting bulletins, notices and other union material. The Union will supply locking style bulletin boards. A notice or item placed on the bulletin board shall bear, on its face, the legible designation of the PBA responsible for placing of this notice or item on the bulletin board. The Union will hold harmless and indemnify the City for all claims or actions arising from materials placed on the bulletin board. Police Sergeants:October 1,2019-September 30,2022 7 Page 1500 of 1743 ARTICLE 7S ASSIGNMENT PAY Section 1. Sergeants acting in the capacity of Acting Captain shall be paid seven percent (7%) above the sergeant's regular rate of pay. Section 2. The provisions of this Article shall not apply to persons performing other than regular road patrol duties, including details. Police Sergeants:October 1,2019-September 30,2022 8 Page 1501 of 1743 ARTICLE 8S VACANCIES AND PROBATION Section 1. Vacant positions shall be filled by the City through recruitment and selection of employees on the basis of their qualifications and relative knowledge, abilities, and skills. The decision to fill a vacant position is reserved to the discretion of the City Manager. Section 2. All newly promoted Police Sergeants have a probationary period of one (1) year from the date of promotion. Section 3. All Sergeants shall serve a one (1) year probation from the date of the appointment. During a Sergeant's probationary period,a Sergeant is subject to removal from appointment without statement of cause. Section 4. A promoted Sergeant removed from his/her position during probation shall be reassigned to the position from which (s)he was promoted. Police Sergeants:October 1,2019-September 30,2022 9 Page 1502 of 1743 ARTICLE 9 MANAGEMENT RIGHTS It is the right of the City to determine unilaterally the purpose of its Police Department, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However,the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force. If the City fails to exercise any one or more of the above functions from time to time, it shall not be deemed a waiver of the City's right to exercise any or all of such functions. Any right or privilege of the City not specifically relinquished by the City in this Agreement or limited by law shall remain with the City. Police Sergeants:October 1,2019-September 30,2022 10 Page 1503 of 1743 ARTICLE 10 HOURS OF WORK AND OVERTIME Section 1. The work cycle for bargaining unit members assigned to 11.5 hour shifts is a 28 day work cycle. The work cycle per bargaining members assigned to 8 and 10 hour shifts is a 7 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 11.5 hour shift will be paid overtime for all hours worked in excess of 171 hours in a 28 day work cycle. For the purpose of calculating overtime, bargaining unit members assigned to the 8 or 10 hour shifts will be paid overtime for all hours worked in excess of 40 hours in a 7 day work cycle. For purposes of calculating overtime, only hours actually worked, or hours worked for Department authorized training shall be counted as hours worked. Overtime pay,when so granted,will normally be contained in the member's next regular pay check following the time worked. Employees who are in an on-duty status seven (7) minutes either prior to or after their shift will not be eligible for overtime pay. Employees who are in an on-duty status more than seven (7) minutes either prior to or after their shift must be so only with the Supervisor's approval in order to be eligible for overtime pay. The City may round start and end time of work and round to the quarter hour consistent with 29 C.F.R. § 785.48. Example: 6:53 - 7:07 = 7:00 7:08 - 7:22 = 7:15 7:23 - 7:37 = 7:30 7:38 - 7:52 = 7:45 Section 2. Pursuant to Article 9, it is a Management Right to establish and change the starting and quitting times and the number of hours and shifts to be worked. Individual work schedules may be flexed (hour for hour) by personnel assigned to specialty units, upon request by the employee and mutual agreement between employee and supervisor. Flexing of time must occur only within a single work week. Uniform Services (group) shift schedules shall not be changed without the City providing thirty(30) calendar days of advanced notice to the Union of the change. Section 3. Reserved Police Sergeants:October 1,2019-September 30,2022 11 Page 1504 of 1743 Section 4. No member of the Bargaining Unit shall be required or allowed to work more than sixteen (16) continuous hours except during a declared emergency or during an ongoing immediate investigation or when overtime is required to complete an on-duty assignment, i.e. late arrest. Members of the Bargaining Unit acknowledge that they have an obligation to come to work physically and mentally prepared to efficiently and effectively carry out their responsibilities. For the purpose of this section, work means regular assigned duties and detail assignments. The continuous sixteen (16) hours does not include time spent in court, depositions, filings, and similar judicial responsibilities. Section S. An employee may engage in outside employment, (including off-duty detail or self- employment) with the approval of the City Manager and with the understanding that the employee's primary duty, obligation and responsibility is to the City. Outside employment shall not be permitted when the City Manager determines that such outside employment would result in a conflict of interest, interfere with the employee's City work schedule, or otherwise be a conflict with the employee's employment with the City. To request approval, an employee should: (a) File an "Outside Employment Request Form &Affidavit" with the Human Resources Department. The employee must notify the Human Resources Department of changes in conditions of any outside employment. (b) Make arrangements with the outside employer to be relieved from duty if called for work by the City. (c) An employee must report all injuries sustained during any outside employment to the employee's supervisor and Risk Management prior to the employee's next scheduled work day at the City. An employee's failure to report an injury sustained during outside employment shall be grounds for corrective action. Police Sergeants:October 1,2019-September 30,2022 12 Page 1505 of 1743 ARTICLE 11S WAGES Effective October 1, 2019 the following Step Pay Plan is in effect: • Year One: On October 1, 2019, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step. There is no payment or advancement beyond Step S. • ® Salary $ 88,250 $ 91,559 $ 94,993 $ 98,555 ® $ 102,251 $ 106,085 • Year Two: On October 1, 2020, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step S. • ® Salary $ 95,250 $ 98,584 $ 102,035 $ 105,606 $ 109,302 ® 2 $ 113,128 • Year Three: On October 1, 2021, each bargaining unit member will be placed in the step that corresponds with his/her current years of service with the City in the rank of Sergeant. On the anniversary date of the member's promotion to the rank of Sergeant, (s)he will advance to the next step in the pay plan. There is no payment or advancement beyond Step S. Police Sergeants:October 1,2019-September 30,2022 13 Page 1506 of 1743 • ® Salary $ 95,250 $ 98,584 $ 102,035 $ 105,606 ® $ 109,302 $ 113,128 Police Sergeants:October 1,2019-September 30,2022 14 Page 1507 of 1743 ARTICLE 12S SENIORITY Section 1. Seniority shall be computed from the date of promotion to Sergeant. If two (2) Sergeants have the same date of promotion,the date of initial appointment to the service of the City as a Police Officer shall be the determining factor. Section 2. Seniority shall accumulate during all authorized leaves. Section 3. Seniority shall be the determining factor for the selection of vacations and overtime assignments. Section 4. The City shall have the right to determine the number of Sergeants assigned to each division and each shift. Section S. For layoffs and other non-disciplinary reductions in personnel,Police Sergeants will displace lower ranking officers in the event that the department is required to layoff personnel. For example: if a Police Sergeant's position is to be abolished, the incumbent with the least seniority in the position of Sergeant would displace a Police Officer,who would displace any probationary or provisional or temporary, or be separated as the case may require. Police Sergeants:October 1,2019-September 30,2022 15 Page 1508 of 1743 ARTICLE 13S ADDITIONAL MONETARY BENEFITS Section 1. Compensatory Time (a) Bargaining unit members may be eligible for compensatory time accrual at the discretion of the Police Chief (or Designee) for participating in required educational and/or required training activities,special projects,and/or events. In addition, members are eligible to convert any overtime hours to compensatory time, subject to the following: i. All compensatory time will be earned/accrued at the rate of one and a half (1.5) times for each one (1) hour worked [in quarter (0.25) increments] and with a maximum accrual cap of two hundred forty (240) hours. ii. When a member's compensatory time accrual balance reaches two hundred forty (240) hours, the member is no longer eligible to accrue compensatory time until the accrual balance falls below one hundred ninety-five (195) hours. The member is also required to schedule and use a minimum of forty-six (46) compensatory time hours within the next one hundred eighty (180) days. iii. In the event the member fails to schedule and take a minimum of forty-six (46) compensatory hours during the one hundred eighty(180) day period, dates will be scheduled by a Command Staff member and required to be taken as scheduled. iv. Reasonable compensatory time requests of one (1) day that are denied for operational reasons will be considered for payout up to three (3) times during each fiscal year. (b) A bargaining unit member who is promoted to a position outside of the Police Sergeants bargaining unit, or who separates from employment will be paid the balance of all unused compensatory time at his/her last hourly base rate of pay in the Police Sergeants' rank. Section 2. Call Back The Department shall develop a call-back policy, based on seniority, which provides for the following: A. Shift vacancies or vacancies created by special events or other exigent situations will be filled by sergeants from the off-going shift or those currently on duty. This establishes that shift supervisors whose end time is 0500 are eligible for the day shift vacancy starting at 0430. The thirty (3 0) minute overlap does not preclude off-going shift supervisors from eligibility, as long as the overlap is while the eligible supervisor is working and not after the supervisor has completed his shift and has gone out of service prior to the shift vacancy. Police Sergeants:October 1,2019-September 30,2022 16 Page 1509 of 1743 B. In the event that vacancies cannot be filled by on duty, off going sergeants, those sergeants who are not on duty will be offered the vacancy through a "seniority wheel" process. Sergeants will be called in order of seniority until the vacancies are filled. On the next occasion where a vacancy is to be filled by other than on duty, off going sergeants, the starting point on the seniority wheel will be the name of the sergeant immediately after the sergeant who elected to fill the last vacancy using the "wheel"process. C. No employee shall work more than sixteen (16) hours in any twenty-four (24) hour period absent a designated emergency. D. On duty, off-going Sergeants who elect to fill a vacancy on the upcoming shift will be paid at time and one-half of the regular rate of pay for each hour actually worked past their normally assigned shift. E. Sergeants who elect to fill a vacancy on the upcoming shift and who were not on duty immediately preceding the vacancy to be worked,will be paid time and one- half their regular rate of pay for each hour actually worked with a minimum payment of three hours at the overtime rate. Section 3. Stand-By/On Call Pay A. Employees directed to be on operational stand-by status or on call must be able to respond to a specified location on duty within one (1) hour and shall be compensated for one hour at time and one half(1.5) the employee's regular rate of pay for each day (24 hour period) on call. B. In the event a bargaining unit member on call responds for duty, the bargaining unit member shall receive, additionally, Call Back pay as provided in this Article. C. Any member, regardless of their assignment, placed in an "On-Call" status, must have the approval of the Chief of Police (or Designee). Section 4. Court Time A. Court time will be paid at time and one-half when the officer is not on his regular assignment. An officer on court time will be compensated a minimum of three (3) hours at time and one-half. B. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off-duty hours shall be paid one-half the straight time hourly rate for each hour on standby up to a maximum of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an employee is required to stand by for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an officer does go to court he will be paid for the court time indicated in Section A and not receive standby time pay. C. Bargaining unit members may report directly to court without prior check in at the police station. Members are still required to document their attendance at the court house and submit documentation to the Department. D. If a court appearance is contiguous with the end of the Sergeant's shift, court Police Sergeants:October 1,2019-September 30,2022 17 Page 1510 of 1743 time shall be compensated as any other overtime assignment. E. Court time will be paid at time and one-half when the Sergeant is not on his regular assignment. A Sergeant on court time will be compensated a minimum of one (1) hour at time and one-half (1.5) and at this same one and one-half (1.5) rate for all remaining hours. Section S. Administrative Sergeant Pay One Sergeant per Uniform Services platoon per day will serve in the capacity of Administrative Sergeant and shall be entitled to receive thirty (30) minutes of overtime pay for performance of tasks generic to the position such as organization, shift preparation, and review of subordinates'work,provided they arrived to work thirty(30) minutes prior to the scheduled shift. Police Sergeants:October 1,2019-September 30,2022 18 Page 1511 of 1743 ARTICLE 14 UNIFORMS Section 1. The City will provide up to two (2) full uniform sets per year and one (1) pair of shoes every six (6) months per fiscal year. Purchase of shoes shall be limited to $150.00 per pair. The City will supply replacements for the parts of the uniform when replacement is appropriate, as determined by the Police Chief (or Designee), and if adequate funds are available in the City Budget. Members of the bargaining unit assigned to plain clothes duty will receive, in lieu of uniforms, for clothing used at work, up to a total of$1,400.00 a fiscal year, limited to $350.00 installments at the end of each quarter. Section 2. Reimbursement, replacement or repair of personal clothing and equipment will be according to current department policies and procedures. The replacement will require the approval of the Chief of Police. The Detective or Uniformed Officer claiming a replacement will be required to include, with his/her claim, an explanation of the circumstances of the damage and appropriate reports concerning the incident where damage to his uniform took place. This allowance shall commence from the date of assignment on a pro-rated basis. Uniformed Officers assigned to plain clothes duty for more than three (3) months at a time will receive clothing allowance in accord with the above for the three (3) months and pro-rated thereafter. Section 3. The City will bear the cost of cleaning ten (10) issued uniform pieces per week for the contract year. The City shall notify those employees that are eligible, to take their uniforms only to the approved dry cleaning establishment in Boynton Beach selected by the City. Members assigned to plain clothes will be given a cash cleaning supplement equivalent to the cleaning benefit provided to uniform officers. This will be paid at the end of each quarter of the contract year. This allowance shall commence from the date of assignment on a pro-rated basis. Section 4. AVLs: An AVL Committee will meet to discuss the use of AVLs and a policy will be developed. Police Sergeants:October 1,2019-September 30,2022 19 Page 1512 of 1743 ARTICLE 15 ANNUAL OCCUPATIONAL FITNESS EVALUATIONS Section 1. Physical Evaluation: Due to the importance of certification of fitness for duty, bargaining unit members are required to attend and participate in an annual occupational fitness evaluation as scheduled. In any instance where a bargaining unit member is required to complete this evaluation off duty, (s)he will receive compensation equaling two (2) hours at a rate of one and a half(1.5) times the bargaining unit member's hourly rate of pay. A. It is the responsibility of the bargaining unit member to ensure that this annual physical evaluation and all follow-up testing required solely as a result of being found "unfit for duty" by a medical doctor are completed in a timely manner and as scheduled. B. Failure to attend, and/or participate in the annual occupational fitness evaluation as required will result in the bargaining unit member being placed on a "no work" status until the evaluation is complete. Compensation for time in a "no work" status will be through the use of only accrued and unused sick leave, compensatory time,and vacation leave (in that order). If all aforementioned leave time is exhausted, the bargaining unit member will be placed in an unpaid status until such time that the full evaluation and any required follow up is completed. C. For the term of this Agreement, the City will contract with a qualified medical provider to perform the annual occupational fitness evaluation. October 1, 2019 through September 30, 2022, the City is using LifeScan as its provider for these services. Records associated with this physical evaluation and any follow up evaluations required solely in connection with the return to work of an employee who was found to be "unfit for duty" are provided to the Director of Human Resources and Risk Management, who will ensure the records are properly maintained in the employee's confidential medical file,which is separate from the employee's personnel file. Further, an employee who was found to be "unfit for duty,"or who was recommended for referral to another medical provider,may be contacted by Human Resources and Risk Management regarding ADAAA, FMLA, and/or Workers' Compensation. Section2. Immunization: The City shall provide opportunity for members to receive immunizations during the term of this Agreement for all members as a means of protection from the following: • Hepatitis - Type B: Available to all bargaining unit members Police Sergeants:October 1,2019-September 30,2022 20 Page 1513 of 1743 o Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. • Hepatitis - Type A: Available to all bargaining unit members. o Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have contracted the disease while on duty. • The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 3. Other Testing: • The City shall provide lead testing for Range Instructors. • The City will provide for AIDS and Hepatitis screening in instances where a member is exposed to situations or persons presenting such biological contamination threat. Section 4. Exposures: The City acknowledges and complies with all statutory notice requirements and presumptions regarding exposures in the line of duty. Police Sergeants:October 1,2019-September 30,2022 21 Page 1514 of 1743 ARTICLE 16 GROUP INSURANCE Section 1. Medical,Vision and Dental Insurance The sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The cost for "employee only" coverage for the HDHP medical, dental, and vision insurance premiums shall be paid by the City for bargaining unit members while they are employed by the City. Members are responsible for the cost of covering dependents on these plans. The City Commission, through the Annual Budget process, may appropriate funds to subsidize employees' premium costs for employees who cover dependent children on their City medical plan. Any subsidy offered does not extend beyond the plan year for which it is budgeted, and the offering of, and/or amount of, any such subsidy is not subject to negotiation. Medical Insurance: Plan Year One: October 1, 2019 - September 30, 2020 Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year One,this conversion can be done at the following times: i. October 1, 2019 - November 15, 2019 (any amount up to an annualized total of $1000.00). ii. April 1, 2020-April 30, 2020 (any amount up to an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2019 through September 30, 2020. New Hires: Bargaining unit members hired on or after October 1, 2019, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2020. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Plan Year Two: October 1, 2020 - September 30, 2021 HSA Contributions: Police Sergeants:October 1,2019-September 30,2022 22 Page 1515 of 1743 The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account (HSA) on the first full pay check date following January 1, 2021. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2020. Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Two,this conversion can be done at the following times: i. January 1, 2021 - January 31, 2021 (any amount up to an annualized total of $1000.00). ii. April 1, 2021 -April 30, 2021 (anyamountupto an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2020 through September 30, 2021. New Hires: Bargaining unit members hired on or after October 1, 2020, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2021. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Plan Year Three: October 1, 2021 - September 30, 2022 HSA Contributions: The City will contribute an annualized total of one thousand dollars ($1000.00) into a bargaining unit member's Health Savings Account(HSA) on the first full pay check date following January 1, 2022. i. In order to be eligible for the HSA deposit above, a bargaining unit member must have been actively employed with the City on September 30, 2021. Leave Time Conversion to HSA: The City will provide opportunities to convert an annualized total of up to one thousand dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. For Plan Year Three, this conversion can be done at the following times: i. January 1, 2022 - January 31, 2022 (any amount up to an annualized total of $1000.00). Police Sergeants:October 1,2019-September 30,2022 23 Page 1516 of 1743 ii. April 1, 2022 -April 30, 2022 (any amount up to an annualized total of$1000.00). iii. "Annualized"means plan year/contract year/fiscal year October 1, 2021 through September 30, 2022. New Hires: Bargaining unit members hired on or after October 1, 2021, and who elect to be covered on the City's medical insurance,will accrue eighty-three dollars and thirty-three cents ($83.33) per active month of service for the City to deposit into their HSA through September 2022. This initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. Section 2. Life Insurance: Bargaining unit members are provided with a sixty thousand dollar ($60,000) term life and accidental death policy with the premium paid by the City. Police Sergeants:October 1,2019-September 30,2022 24 Page 1517 of 1743 ARTICLE 17 LEAVES Section 1. Vacation A. Accrual: 1. Bargaining unit members accrue vacation hours each pay period when they are in an active paid status of twenty-four (24) or more hours in a work week. No member may use more vacation leave than (s)he has accrued. The chart below shows the maximum annual accrual of vacation hours based on years of service: Years of Service Vacation Hours 1 year 96 2 years 120 3 years 120 4 years 128 5 years 136 6 years 144 7 years 152 8 years 160 9 years 168 10 years 176 11 years 176 12 years 176 13 years 176 14 years 176 15 years 176 16 years 192 17 years 192 18 years 192 19 years 192 20 years 192 21 years &after 200 2. A bargaining unit member may accrue vacation hours up to the Allowable Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent years of employment. During the fiscal year,vacation hours may accrue beyond the Allowable Maximum; however, any accrued and unused vacation hours exceeding the Allowable Maximum on September 30th of each year will be forfeited. B. Reduests: Police Sergeants:October 1,2019-September 30,2022 25 Page 1518 of 1743 1. Vacation requests maybe submitted from 14-45 days in advance for vacation. In the event of conflicting requests for vacation dates, the senior member's request shall prevail provided the more senior member's request was submitted thirty (30) days prior to the date(s) requested. 2. Vacations of two (2) days or less may be made with twenty-four (24) hours of advance notice. 3. All other requests submitted with less than thirty (30) days of notice shall be on a first come first serve basis regardless of seniority. 4. Request for emergency vacation leave will considered individually by the Chief. S. A bargaining member who is absent without approval will not be compensated for the time absent and may be subject to disciplinary action. C. Bonus Vacation Hours: Members are eligible to accrue up to eight (8) Bonus Vacation Hours on a quarterly basis by participating in and/or meeting certain benchmarks in department and City safety and wellness incentives. Details of each quarter's incentive program benchmarks will be provided and published. Section 2. Sick Leave A. Accrual: Bargaining unit members will accrue sick leave on a bi-weekly basis (3.69 hours) for an annualized total of ninety-six (96) hours per year. In order to receive accrued sick leave in a work week, a member must have been in an active paid status of twenty- four(24) hours or more. No member may use more sick leave than (s)he has accrued. B. Notice of Use of Sick Hours: Unscheduled Sick: A member shall notify his/her immediate supervisor or designee, in a manner provided for by management, of his/her illness not less than sixty(60) minutes before the start of his/her scheduled shift. If a member fails to call in within the specified time, the member may be subject to progressive discipline. This notice procedure shall be followed for each day the member is unable to report to work unless the member has been authorized by Human Resources and the City Manager for an extended leave of absence. Scheduled Sick: A member may request, with a minimum of forty-eight (48) hours of advanced notice, to use scheduled sick hours for medical, dental, optical, appointments and/or procedures. Documentation to support payment under the "scheduled sick"pay code mustbe provided with payroll. Unsubstantiated use of such time will result in the time being recoded to "sick." Police Sergeants:October 1,2019-September 30,2022 26 Page 1519 of 1743 Sick hours may be requested and/or utilized upon approval of the Police Chief (or Designee) for the following reasons: 1. Member's health, or up to forty(40) hours per fiscal year for illness of immediate family member: the member's parent, spouse, or child. 2. Medical, dental, or optical treatment that is determined in writing by a physician to be necessary and must be performed during working hours. 3. Quarantine due to exposure to contagious disease. 4. In connection with a member's Workers'Compensation case,where (s)he has declined a light duty assignment or where no such assignment is available. S. In connection with an approved Family and Medical Leave Act (FMLA) leave for a serious medical condition of the member, or the member's immediate family member, as defined in (FMLA). The following conditions may be deemed as excessive/abusive use of sick leave and may result in a referral to Human Resources for FMLA and/or progressive discipline: 1. Members who have developed a pattern of sick leave usage. 2. Members who are required to use vacation leave in lieu of or in supplementation of sick leave to compensate for absences (except approved FMLA). C. Documentation Required: For any use of sick time in excess of three (3) consecutive work days, a member is required to provide written medical certification to the Human Resources and Risk Management Department upon return to work. "Consecutive work days"means any day for which a member was scheduled to work, including additional or "overtime"shifts. D. Payout of Sick Leave 1. Members who are terminated from the City are not eligible for a payout of sick leave. 2. Members will have payment made for their accrued and unused sick hours, at the percentage specified in the table below, upon resignation, retirement, change in status from full time to part-time, or death. (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Police Sergeants:October 1,2019-September 30,2022 27 Page 1520 of 1743 Continuous Years of Service Percentage of Sick Leave Payout Less than 5 full years 0% years but less than 10 full years 25% More than 10 full years 50% Upon retirement from the City 50% 3. An employee retains his/her accrued and unused sick hours while employed in a full time position with the City. If an employee's status converts to a part-time position, whether voluntarily or involuntarily, (s)he will have his/her accrued and unused sick leave paid out pursuant to the aforementioned table.. E. Sick Leave Conversion: Members who have more than one hundred twenty (120) hours of sick leave as of September 1St of any contract year may convert 50% of the excess over one hundred twenty (120) hours to a cash straight time payment not to exceed eighty (80) hours. This conversion payout will occur by September 30th. F. Sick Leave Donations: Sick Leave Donations are available pursuant to City policy. Section 3. Personal Leave At the sole discretion of the Police Chief(or Designee), a member may be granted up to forty-six (46) hours of paid personal leave in a fiscal year. There is no entitlement to Personal Leave, and the Police Chief's approval of or denial of such leave is not subject to grievance. Section 4. Bereavement Leave In the event a member has experienced the death of his/her mother, father, foster parent, step-parent, brother, sister, husband, wife, registered domestic partner, son, daughter,grandparents,grandchildren,mother-in-law,father-in-law,sister-in-law or brother-in-law, or grandparent of spouse or registered domestic partner, a member may use paid compassionate leave not to exceed three (3) consecutive shifts for any one death. However,if it is necessary for the member to leave the State in connection with the internment of the deceased, the member may use an additional two (2) consecutive shifts. Members must submit proof of death within thirty (30) days in order to be eligible for paid compassionate leave. The City Manager may grant additional compassionate leave at his/her sole discretion. Police Sergeants:October 1,2019-September 30,2022 28 Page 1521 of 1743 ARTICLE 18 HOLIDAY PAY Section 1. Bargaining Unit Members will receive Holiday Pay in the following manner: A. The second paycheck in October, members will receive 90 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Veterans' Day o Thanksgiving Day o Day After Thanksgiving o Christmas Eve o Christmas Day o New Year's Day B. The second paycheck in January, members will receive 75 hours straight time Holiday Pay at current rate of pay on check date. This payment is for the following holidays: o Martin Luther King,Jr. Day o Presidents' Day o Memorial Day o Independence Day o Labor Day Section 2. Bargaining Unit Members must be actively employed on the paycheck date in order to receive the Holiday Pay in Section 1. Section 3. Bargaining Unit Members who leave employment must pay back any holidays for which they were paid but were not employed on date of holiday. This payment will be deducted from the member's final pay check at the hourly rate at which the holiday was paid. Section 4. New Hires will receive Holiday Pay on a pro-rated basis on the first paycheck of the month following date of hire. The proration will be calculated as follows: A. If hired between October 1st and January 1st, (s)he will receive Holiday Pay for only the holidays in Section 1A that occurred while (s)he was actively employed. B. If hired between January 2nd and September 30th, (s)he will receive Holiday Pay for only the holidays in Section 1B that occurred while (s)he was actively employed. Police Sergeants:October 1,2019-September 30,2022 29 Page 1522 of 1743 Section S. There is no additional pay, premium or otherwise, for time worked on City- observed or actual holidays. Section 6. There is no pay, premium or otherwise, to Bargaining Unit Members who do not work on City-observed or actual holidays. Section 7. Members with non-road patrol assignments whose scheduled work day falls on a City-observed holiday may have the following options (based upon scheduling approval of Supervisory Chain of Command): a) Work on the City-observed holiday and get paid at straight time for the actual hours worked, or b) Not work on the City-observed holiday and request to use paid leave (such as available comp time or vacation leave) to be compensated for the hours, or c) Not work on the City-observed holiday and be in an unpaid status for those hours (absent any request to use available paid leave), or d) With advanced agreement and approval from supervisor, a non-road patrol member may flex his/her schedule during any work week in which there is a City-observed holiday. Police Sergeants:October 1,2019-September 30,2022 30 Page 1523 of 1743 ARTICLE 19 FUNERAL EXPENSES Section 1. The City will make a payment of fifteen thousand dollars ($15,000.00) to the beneficiary of bargaining unit employees considered by law to have expired in the line of duty. Section 2. All employees shall complete the appropriate form to designate by name and address, the individual to whom such funds are to be paid. In the event of conflicting claims for payment, the City will interplead the funds by court proceeding if the parties with conflicting claims cannot resolve their dispute within sixty (60) calendar days. Police Sergeants:October 1,2019-September 30,2022 31 Page 1524 of 1743 ARTICLE 20 TRAINING Section 1. a. Mandatory Officer Training Requirements All basic mandatory training and retraining that an officer is required to attend while off duty will be compensated at a rate of one and a half(1.5) times the officer's hourly base rate for actual time in training. b. Conferences, Seminars, Other Training/Special Programs Other off-site training/special programs, including but not limited to conferences and seminars, for which the City approves a member to attend and pays the associated expenses are exempt from compensation other than the member's hourly base rate of pay for hours of actual classes while in attendance and for any hours the member is attending that were regular scheduled work hours. The City reserves the right to flex a member's work schedule to reduce the cost of overtime that may result from a member attending such classes on non-scheduled work days. Section 2. Weapons Training The content and course of weapons training will be established by the Chief of Police. Each member will be allowed three opportunities to meet prescribed qualification standards. If the officer does not qualify in three attempts, they will be required to qualify on their own time and expense to remain eligible for employment as law enforcement officers. Section 3. College Tuition The City will reimburse eligible members for tuition pursuant to the City's Tuition Assistance Program,which is attached as Addendum "C." The provisions of this Section and Addendum "C" relate to the reimbursement assistance for General Education Core Courses and Degree Program Core Courses. For the term of this Agreement, Tuition Assistance is funded at thirty-five thousand dollars ($35,000) per fiscal year and covers members of both the Police Officers &Detectives unit and the Police Sergeants unit. The provision of the City's Tuition Assistance Program that restricts DROP participants from eligibility is not applicable to members of any PBA bargaining unit. Section 4. The City reimburse members for authorized expenses associated with attending training and special schools as approved by the Police Chief. Police Sergeants:October 1,2019-September 30,2022 32 Page 1525 of 1743 ARTICLE 21S REPRODUCTION The City will post the Agreement on the City's shared drive or any other electronic distribution system. Police Sergeants:October 1,2019-September 30,2022 33 Page 1526 of 1743 ARTICLE 22 PERSONNEL RECORDS Section 1. A personnel file for all City employees is maintained by the City's Human Resources Department. Employees may inspect and obtain copies of personnel files in accordance with Florida Law. Section 2. Internal affairs investigatory files will be maintained in accordance with Florida State Statutes. Section 3. All bargaining unit members covered by this Agreement must be notified within twenty-four (24) hours of the request in writing (E-mail is acceptable notification) when someone other than a City employee requests to review the bargaining unit members' personnel/I.A. file, unless the file is being inspected by a governmental agency(including IRS),or state attorney, in the conduct of a lawful criminal investigation when confidentiality of the investigation is requested. Police Sergeants:October 1,2019-September 30,2022 34 Page 1527 of 1743 ARTICLE 23 LEGAL ACTION Section 1. In accordance with Florida Statutes,the City will provide legal defense for a member against any civil damage suits wherein said member is a named party and wherein the alleged damages were allegedly caused by the actions of said member while acting within the scope of his/her authority and within the course of his employment. Section 2. The City will indemnify all members against judgments for compensatory damages entered against them as a result of their actions to the extent that the City is found liable for such actions. Section 3. The City will select the Attorney who is to defend the employee relative to this Article. Section 4. The employee will be responsible for filing any counterclaims at his/her expense. Police Sergeants:October 1,2019-September 30,2022 35 Page 1528 of 1743 ARTICLE 24 DISCIPLINE Section 1. The Parties recognize that the interests of the community and job security of the bargaining unit members depends upon the City's success in providing proper and efficient services to the community. To this end,the City and the PBA encourage to the fullest degree, behavior which is positive and supportive of the goals of effective municipal management and public safety. The Parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goals. Section 2. No bargaining unit member shall be disciplined except for cause. Progressive, consistent, and appropriate discipline will be administered according to the seriousness of the offense. The following disciplinary actions shall be utilized and, depending on the severity of the offense, the first action may be at any appropriate level including dismissal. A. Written Reprimand B. Suspension Without Pay C. Demotion D. Dismissal Section 3. Any bargaining unit member who has been promoted who,thereafter,is demoted shall be returned to the position and shift(s)he occupied immediately prior to the promotion or to a position and shift consistent with his or her seniority as a sworn officer with the Police Department, whichever is more favorable for the member. Personnel re-entering the bargaining unit as provided above shall be placed in their respective Step Pay Plan based upon their completed years of sworn service with the City of Boynton Beach Police Department at the time of demotion. Section 4. No Employee shall be subject to major discipline without first being afforded a pre-determination conference with the City Manager. No pre-determination conference shall be conducted with less than ten (10) calendar days' notice to the Employee. Section S. Suspensions will be imposed in increments of eight(8) hours loss of pay. Section 6. Members will be ineligible to work off duty details during any calendar day on which they are observing a suspension. Section 7. The City will provide notice to the PBA when it completes an investigation of bargaining unit members that could result in disciplinary action or when an employee is given a suspension. Police Sergeants:October 1,2019-September 30,2022 36 Page 1529 of 1743 ARTICLE 25 APPEALS OF DISCIPLINARY ACTION Discipline is classified as either major or minor. MAJOR DISCIPLINE is a: • termination, • demotion, or • suspension without pay of more than sixteen (16) hours. MINOR DISCIPLINE is a: • written reprimand, • suspension without pay of sixteen (16) hours or less. Appeals of disciplinary action shall be handled as follows: MAJOR DISCIPLINE: Appeals to Major discipline shall be referred to Arbitration beginning at Step Three of the Grievance Process pursuant to Article 26. MINOR DISCIPLINE: Written reprimands may not be appealed but the Employee may submit a written response provided the response is submitted within fifteen (15) calendar days of the written reprimand. If a written response is submitted by the Employee, it shall be attached to the written reprimand and placed in the Employee's personnel file. Suspensions without pay of sixteen (16) hours or less may be appealed to the City Manager whose decision shall be final. An appeal shall be filed in writing via electronic mail to the City Manager and the Director of Human Resources and Risk Management within fifteen (15) calendar days of notice of the suspension without pay. The City Manager shall render a decision within twenty (20) calendar days of the appeal. The City Manager's decision may be to sustain, fully reject, or lessen the discipline. The City Manager or her designee may conduct interviews with the grievant, departmental staff, or members of the bargaining unit as part of his/her review of the discipline. Police Sergeants:October 1,2019-September 30,2022 37 Page 1530 of 1743 ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1. A grievance, as used in this Agreement, is limited to a complaint or request of a bargaining unit member or the PBA which involves the interpretation or application of, or compliance with, the provisions of this Agreement. Appeals of disciplinary action are not grievances but may be brought following the procedures set forth in Article 25. Section 2. Grievances concerning working conditions not specifically covered by the terms and provisions of this Agreement shall be subject to the grievance procedure up to, but not including, arbitration. Section 3. In the event a grievance should arise as to the interpretation or the application of the terms of the Agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. Section 4. All references to "days"in this Article shall mean calendar days. Section S. Procedures A. Grievance Procedures Step One - Police Chief The aggrieved employee(s) or an Association representative on behalf of an aggrieved employee(s) shall file a Step One written grievance by electronic mail to the Police Chief and the Director of Human Resources and Risk Management on or by the fifteenth (15th) day of the occurrence or on or by the fifteenth (15th) day of when the employee(s) knew or should have known of the occurrence. All grievances shall include the following: a. Statement of the grievance and the facts and circumstances upon which it is based; b. Name and rank of grievant(s); c. The Article(s) and Section(s) of the Agreement alleged to have been violated; and d. The remedy requested; All class action grievances shall also include: a. Statement indicating the grievance is a class action; and b. Signature of a PBA Union Official/Attorney. Police Sergeants:October 1,2019-September 30,2022 38 Page 1531 of 1743 The Police Chief's Step One response shall be transmitted to the Union and to the Director of Human Resources and Risk Management on or by the tenth (101h) day of receipt of a grievance. If the Police Chief does not respond in writing via electronic mail, the grievance is presumed to be denied and the employee or an Association representative may advance the grievance to Step Two. Step Two - City Manager (or Designee) If no resolution is reached at Step One, the aggrieved employee(s) or the Association representative on behalf of the aggrieved employee(s) may file a Step Two written grievance by electronic mail to the City Manager and the Director of Human Resources and Risk Management on or by the fifteenth (151h) day of receipt of the Police Chief's Step One response. The City Manager(or Designee),at his/her discretion,may conduct interviews with the grievant(s), the Union representative(s), members of the bargaining unit, and/or management to discuss the grievance. The City Manager (or Designee) must notify the Union and Grievant within seven (7) days of receipt of the Step Two grievance if (s)he intends to conduct interviews. Once such notification is made,the time period for the City's Step Two response is tolled with mutual agreement by the Union until the interviews can be scheduled and conducted. The City Manager (or Designee) shall respond in writing to the Step Two grievance by electronic mail no later than thirty(30) days of receipt of the Step Two grievance or by a mutually agreed upon extended date. If the City Manager (or Designee) does not respond in writing via electronic mail, the grievance is presumed to be denied and the aggrieved employee or an Association representative may move to the next step. Step Three -Arbitration If the grievance has not been settled by Steps 1 and 2,the PBA or the City may request arbitration within fifteen (15) calendar days of receipt of the City Manager's (or Designee's) reply or when a reply was due, if none is submitted. B. Arbitration Procedures The Party requesting arbitration must timely file with the American Arbitration Association (AAA) or Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators on or before the fifteenth (151h) day deadline, and a copy shall be served on the other Party. The rules for conduction of the arbitration will not be the rules of AAA or FMCS unless agreed to by the City and PBA, but will be governed by the terms of this Agreement. Police Sergeants:October 1,2019-September 30,2022 39 Page 1532 of 1743 1. Arbitrator Selection Each Party retains the right to reject one panel in its entirety and request that a new panel be issued at the rejecting Party's expense. The grieving party shall strike the first name with each Party alternating strikes thereafter until only one arbitrator's name remains. The last name remaining shall be the arbitrator. The arbitrator shall determine the date(s) and time(s) of the hearing subject to the availability of the Union and the City. Arbitration will be conducted at a location mutually agreeable to the City and the Union. 2. Arbitration Fees and Expenses All fees and expenses of the arbitrator shall be divided equally between the Union and the City; however, each Party shall fully bear the expense of preparing and presenting its own case, including the cost of witnesses and other people it requires to attend the arbitration. 3. Arbitrator Authority and Award The arbitrator may sustain, reverse, or modify the discipline set by the City Manager. The decision of the arbitrator is final and binding on the parties. If the arbitrator reverses the discipline in its entirety,the Employee will be made whole. Any and all procedures regarding arbitration which are not specifically set forth in this Section shall be governed by this Article. The decision of the arbitrator is final and binding on the Parties subject only to the rights of the parties to confirm, clarify, or set aside the award as set forth in the Florida Arbitration Code. The arbitrator shall render an Award within thirty (30) days of receipt of the briefs, if any, or of the transcript if Parties have agreed to submit the transcript in lieu of briefs. The arbitrator shall submit his/her decision in writing with a statement of findings and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs. 4. Other Provisions A transcript of the Hearing will be made, unless waived by both Parties. The cost, including the arbitrator's copy,will be shared equally by the Parties with the PBA share not to exceed $500.00. Briefs, if any, must be filed with the arbitrator no later than thirty (30) days after the close of the Hearing or after receipt of the transcript, if a transcript is requested. Police Sergeants:October 1,2019-September 30,2022 40 Page 1533 of 1743 By agreement of both Parties, a meeting will be held at any step of the grievance procedure. Settlement of a grievance prior to the issuance of an arbitration Award shall not constitute precedent nor shall it constitute an admission that the Agreement has been violated. A probationary employee may not grieve any matter concerning assignment, or discharge for reasons of failure to meet performance standards. Police Sergeants:October 1,2019-September 30,2022 41 Page 1534 of 1743 ARTICLE 27 PERSONAL VEHICLES Section 1. When an employee is required to use his/her personal vehicle in the performance of police duties, said employee shall be reimbursed a mileage rate as established by City resolution, excluding mileage traveled to and from the normal work location. Section 2. For the purpose of this Article, the performance of police duties shall include attendance at court, depositions, administrative hearings, conferences with City officials, schools and seminars. Police Sergeants:October 1,2019-September 30,2022 42 Page 1535 of 1743 ARTICLE 28 DRUG TESTING The City is a Drug Free Workplace and has established a Drug Free Workplace Policy. Bargaining Unit employees are subject to random, reasonable suspicion, and post-accident drug testing. The Drug Free Workplace Policy approved by the City and the PBA is attached as Addendum «A Police Sergeants:October 1,2019-September 30,2022 43 Page 1536 of 1743 ARTICLE 29 POSTING Vacancies in positions or assignments will be posted in-house no less than ten (10) calendar days before the application deadline for the position or assignment. Anyone applying for a posted position must meet the qualifications on the final day of posting; for example, while the applicant may not be eligible at the time his/her application is submitted, if the applicant will satisfy all of the qualifications by the final day of posting, the application shall be accepted and considered. Police Sergeants:October 1,2019-September 30,2022 44 Page 1537 of 1743 ARTICLE 30 COMPLETE AGREEMENT AND NON-WAIVER PROVISION Section 1. This Agreement is the complete Agreement between the parties, cancels all prior practices and agreements, and, except as expressly provided for herein, relieves the parties of the obligation to bargain on any subject during the term of this Agreement. Section 2. There is no past practice which results in a monetary benefit except as set forth expressly in this Agreement. All bargaining unit members are covered under the terms of this Agreement, Departmental Rules and Regulations and the City's Personnel Policy Manual and not under any Civil Service Rule/Regulation and heretofore in existence. (a) When the City intends to make changes to City or Departmental Administrative Rules or Regulations, or Procedures, the City will provided written notice to the PBA. This notice will include a description of the change and an implementation date which shall be no less than thirty (30) days from the date of notice. (b) If the PBA believes that that modification constitutes a change to wages, benefits or conditions of employment, PBA will have fifteen (15) calendar days from date of notice to advise the City if the PBA is requesting pre-implementation or post implementation impact bargaining and to identity with specificity the manner in which the modification affects the rights of its members. The PBA response shall include 3 dates and times when the PBA is available to meet with the City to discuss/bargain the modification, excluding dates in the first 10 days following the PBA request.When bargaining is requested,it shall begin no less than 10 days following the PBA's request and shall be concluded within 14 days following the first bargaining session. Unless otherwise agreed to by the City and PBA during their bargaining, the modification will take effect as initially announced by the City, subject to the PBA's right to continue impact bargaining. (c) This provision is not a waiver, restraint or limitation on the City's management right to determine unilaterally the purpose of its Police Department,set standards of services to be offered to the public, and exercise control and discretion over its organization and operations.All reference to days in this section means calendar days, inclusive of Saturdays, Sundays and Holidays. Section 3. Nothing in this Agreement shall be construed or interpreted as a waiver of the PBA's right to request bargaining or impact bargaining. Section 4. Nothing in this Agreement shall be construed or interpreted as a waiver or limitation on the City's management rights. Police Sergeants:October 1,2019-September 30,2022 45 Page 1538 of 1743 ARTICLE 31 SEVERABILITY Section 1. If any provision of this Agreement is found to be invalid by any courts having jurisdiction in respect thereof,such findings shall not affect the remainder of this Agreement, and all other terms and provisions shall continue in full force and effect. Section 2. In the event of such finding the Parties will meet within thirty (30) days to begin negotiations of a replacement Article or Section. Police Sergeants:October 1,2019-September 30,2022 46 Page 1539 of 1743 ARTICLE 32 DURATION This Agreement shall take effect when ratified by the members of the collective bargaining unit and the City Commission and shall remain in effect until September 30, 2022. No base wage increase, step, cost of living, or other compensation adjustments, except increases resulting from an assignment, shall be paid beyond September 30th of each year, except as provided in a subsequent Memorandum of Understanding or Collective Bargaining Agreement. Police Sergeants:October 1,2019-September 30,2022 47 Page 1540 of 1743 ARTICLE 33 TAKE HOME VEHICLES Section 1. The City agrees to continue the take home vehicle program during the term of this Agreement and to purchase as reasonably possible the number of vehicles sufficient to supply eligible members of the bargaining unit. Section 2. A Member who is not on light duty or who has not had his/her police powers suspended is eligible for a take home vehicle if the Member resides within the following counties: Broward, Palm Beach, and Martin. Section 3. Vehicles will be assigned on the basis of seniority (by ID number), with seniority bumping rights for Members transferred to patrol. Section 4. Assigned vehicles are not for personal use but for work only. Police Sergeants:October 1,2019-September 30,2022 48 Page 1541 of 1743 ARTICLE 34 OFF-DUTY DETAILS All off-duty details (worked performed for a second party employer) require prior written approval by the Chief of Police (or Designee). Police Department Index Code 712 applies except as modified in this Article. Sworn Law Enforcement Officers in positions outside of PBA bargaining units are not prohibited from participating in the off-duty details program. The City will continue coordinating off-duty details. The net rate of pay for off-duty details paid to the officer will be set by the PBA,but no less than fifty dollars ($50.00) per hour with a three (3) hour minimum. PBA may change this rate at any time with a minimum of fifteen (15) calendar days of written notice to the City. The City will act as the conduit for payment for off-duty details from the second party employer to the officer. Payment to the officer is contingent on collection from the second party employer. Any payments for off duty detail work performed on behalf of a second party employer shall not be considered compensation for pension calculation purposes'. Each officer working an off-duty detail is deemed to be an independent contractor of the second party employer. However, police officers on off-duty details shall be permitted to utilize a City police uniform, radio and vehicle. For such usage, the City shall receive $7.00 dollars per hour for every detail worked to offset equipment costs. Details shall be assigned only to those officers who are off duty and no officer shall accept any off-duty detail when it interferes with his/her normal working hours. No swap of time is permitted to accommodate an off duty detail. Each officer, while working off-duty details, shall adhere to City conduct standards. Any misconduct or breach of policies, rules and regulations will be handled through the Department the same as any on-duty activity. 1 (4) "Compensation"or "salary"means,for non-collectively bargained service earned before July 1, 2011, or for service earned under collective bargaining agreements in place before July 1,2011, the total cash remuneration including "overtime"paid by the primary employer to a police officer for services rendered, but not including any Payments for extra duty or special detail work performed on behalf ofa second party employer.§185.02, Fla.Stat,Ann. BB Pension Code: Compensation or salary. The total cash remuneration including lump sum payments for accumulated sick and vacation leave and "overtime"paid by the primary employer to a police officer forservices rendered, but not including any payments for extra duty or a special detail work performed on behalfofa second party employer paid directly to the police officer by the second party emplover. Police Sergeants:October 1,2019-September 30,2022 49 Page 1542 of 1743 Any police officer who is on sick leave,workers' compensation or working light duty will not work any off-duty detail during that period. Any police officer on leave due to disciplinary matters shall not work off-duty details during the period of that suspension or removal from active duty. Any police officer may not work more than twenty-four(24) hours of overall off-duty details during any seven (7) day work period. Exceptions are granted when officer is on vacation (for a minimum of forty (40) consecutive hours); then the twenty-four (24) hour limitation maybe exceeded. The Police Chief may suspend an employee's right to work off- duty details as a component of disciplinary action or as a component of a Performance Improvement Plan as a result of a conduct violation committed while on an off-duty detail. All Bargaining Unit Members assigned to cover off-duty details may report directly to their assignment without prior checking in or out at the police station; however, members must advise a supervisor personally or by radio. Bargaining unit members assigned to an off-duty detail shall comply with all current City and Department policies and procedures in effect. Police Sergeants:October 1,2019-September 30,2022 50 Page 1543 of 1743 ARTICLE 35 PENSION Section 1. Recent Historical Changes During Bargaining • Bargaining Unit Members hired on or after October 1, 2015 will have a pension multiplier of three percent(3%). • The vesting period for Police Officers and Detectives hired on or after October 1,2016 is ten (10) years. • Upon ratification of the Agreement ending September 30, 2019, the City and the Union conformed to the statutory requirement to negotiate provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual Consent Agreement, which provided that the Union to pay the City a total of $60,000 in $30,000 increments in November 2017 and November 2018. Section 2. Agreed Changes During Bargaining of Current Agreement Mutual Consent Agreement, included as Addendum "B," which provides that the City will receive a total of$90,000 in $30,000 increments in November 2019, November 2020, and November 2021. Employees hired on or after October 1, 2019: Normal retirement - the earlier of age 55 and 10 years of credited service, or completion of 25 years of credited service regardless of age - Eliminating the 50 years of age with 15 years of credited service. Employees hired on or after October 1, 2016: Early Retirement/Deferred Vested Retirement- 50 years of age with 10 years of credited service. ALL: Maximum Retirement Benefit shall not exceed eighty-five percent (85%) provided that, in all cases, the benefit is at least 2.75% for each year of service. ALL: Member Contributions toward Base Pension Benefit - Additional 0.5% pension contribution from all employees (excluding DROP participants) each fiscal year of this Agreement- Monies must be utilized for Unfunded Actuarial Accrued Liability (UAAL). • Year 1 - 0.5% additional contribution • Year 2 - 0.5% additional contribution • Year 3 - 0.5% additional contribution Police Sergeants:October 1,2019-September 30,2022 51 Page 1544 of 1743 Section 3. DROP Employees hired on or after October 1, 2019 will receive interest at a rate of 0% - 8% depending on plan performance. These members will be required to remove their money from the DROP as stipulated in the DROP Ordinance. Police Sergeants:October 1,2019-September 30,2022 52 Page 1545 of 1743 ARTICLE 36S NO STRIKE OR LOCK-OUT Section 1. "Strike" means the concerted failure to report for duty, the concerted absence of Sergeants from their positions,the concerted stoppage of work,the concerted submission of resignations,the concerted abstinence in whole or in part by any group of Sergeants from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, picketing or demonstrating in furtherance of a work stoppage, either during the term of or after the expiration of a collective bargaining agreement. Section 2. Neither the Union, nor any of its officers, agents and members, nor any employee organization members, covered by this Agreement, will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown, sick-out, concerted stoppage of work, illegal picketing, or any other interruption of the operations of the City. Section 3. Each Sergeant who holds a position with the City occupies a position of special trust and responsibility in maintaining and bring about compliance with this Article and the strike prohibition in Florida Statutes 447.505 and the Constitution of the State of Florida. Accordingly, the Union, its officers, stewards and other representatives agree that it is their continuing obligation and responsibility to maintain compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by others; and their responsibility, in event of breach of this Article or the law by other employees and upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. Section 4. Any or all Sergeants who violate any provisions of the law prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the City. Police Sergeants:October 1,2019-September 30,2022 53 Page 1546 of 1743 ARTICLE 37S WORKERS' COMPENSATION AND DUTY DISABILITY Section 1. A bargaining unit member covered by Florida Statute, Chapter 440, Workers' Compensation, and in accordance with provisions set forth hereunder, shall be authorized to be absent from work due to injury or illness incurred while on duty, and directly related to work performed,until he or she reaches maximum medical improvement or two (2)years, whichever comes first. Section 2. Sworn bargaining unit members who sustain a serious injury on-duty while in fresh pursuit(as defined in §112.19(d), Florida Statutes (2003)) or in the apprehension of a violent person, or who sustain a serious injury while engaged in law enforcement activities will receive a supplement to their workers' compensation that will provide 100% of their base salary for up to ninety (90) calendar days UNLESS OTHERWISE NEGOTIATED IN A WORKERS COMPENSATION PRECEEDING. Section 3. Bargaining unit members absent from work due to injury or illness unrelated to the performance of duty, shall have twelve (12) months to return to full duty. Police Sergeants:October 1,2019-September 30,2022 54 Page 1547 of 1743 ARTICLE 38S QUALIFICATIONS FOR A BARGAINING UNIT POSITION Eligibility for hiring or promotion to a position in the bargaining unit shall be as follows: (a) Five (5) years of continuous experience as a Police Officer or Detective First Grade with the City of Boynton Beach immediately prior to hiring or promotion. (b) Must possess on effective date of hire and thereafter maintain FDLE certification. (c) Must possess on effective date of hire and thereafter maintain a Florida driver's license. Police Sergeants:October 1,2019-September 30,2022 55 Page 1548 of 1743 ADDENDUM"A" DRUG FREE WORKPLACE POLICY 1.1 PURPOSE The City of Boynton Beach is committed to providing a safe work environment for its employees and our community. Drug and alcohol abuse is national problem that is prevalent in society and impairs the health and safety of employees,promotes crime and harms our local community. Moreover,the illegal possession, use, sale, and distribution of controlled drugs are criminal acts that directly threaten the integrity of all employees in the City. The City is addressing this problem through its DRUG FREE WORKPLACE Program. Substance abuse is a complex,yet treatable disease. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe and productive drug and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek help in overcoming their problem. The City considers substance abuse to be an unsafe and counterproductive work practice. 1.2 SCOPE This policy applies to all PBA collective bargaining unit members at the City of Boynton Beach. 1.3 DEFINITIONS 1. "Chain of Custody" refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to the final disposition for all such materials or substances and providing for accountability at each stage in handling,testing, and strong specimens and reporting test results 2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen,which test procedure used to identify the presence of a specific drug or metabolite in a specimen, which test must be different in scientific principle from that of the initial test procedure and must be capable of providing requisite specificity,sensitivity, and quantitative accuracy. 3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic narcotics; designer drugs; or a metabolite of any of the substances listed herein. Threshold detection levels are established by Florida regulations. Therefore activities participated in while off duty may result in positive drug tests. For DOT covered employees, alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols. Consumption of a preparation including alcohol (beverages or medicines) A list of the most common medications which may alter or affect a drug test are found in Section 1.5, Letter I of this policy. Employees and job applicants should review this list prior to submitting to a drug test 4. "Drug test" or "test" means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites. Police Sergeants:October 1,2019-September 30,2022 56 Page 1549 of 1743 S. "Employee"means an individual who works for salary,wages,or other remuneration for the City and is covered by the workers compensation act. 6. "Employee Assistance Program" (EAP) is an established program for employee assessment, counseling, and referral to an alcohol and drug rehabilitation program. 7. "Employer" means an agency within state government that employs individuals for salary, wages, or other remuneration. 8. "Initial drug test"means a screening procedure of the blood and/or urine of employees and job applicants for the presence of alcohol and illegal drugs in accordance with the Florida Drug Free Workplace Program and appropriate Florida administrative rules. 9. "Job Applicant" means a person who has applied for a position with the City and has been offered employment conditioned upon successfully passing a drug test 10. "Mandatory-testing position/Safety-sensitive position" means with respect to a public employer, a job assignment that requires the employee to carry a firearm,work closely with an employee who carries a firearm,perform life-threatening procedures,work with heavy or dangerous machinery, work as a safety inspector, work with children, work with detainees in the correctional system, work with confidential information or documents pertaining to criminal investigations, work with controlled substances, or a job assignment that requires an employee security background check, pursuant to F.S. 110.1127. or a job assignment in which a momentary lapse in attention could result in injury or death to another person. 11. "Medical Review Officer (MRO)"means a licensed physician with knowledge of prescription drugs, pharmacology and toxicology of drugs, who may be responsible for receiving and reviewing all positive confirmed test results and who may be responsible for contacting all individuals who test positive in a confirmation test to inquire about possible medications which could have caused a positive result The MRO need not be an employee of the City. 12. "Prescription or Nonprescription Medication"means a drug or medication obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases,ailments,or injuries. 13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using or has used drugs in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion drug testing may not be required except upon the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question.Among other things,such facts and inferences may be based upon: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. Police Sergeants:October 1,2019-September 30,2022 57 Page 1550 of 1743 c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated. d. Evidence that an individual has tampered with a drug test during employment with the current employer. e. Information that an employee has been involved in an accident while at work: i. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and receives medical treatment away from the scene of an accident,one or more vehicles (whether operated by a City employee or not) incurs damage as the result of the occurrence, or is transported away from the scene by a tow truck or other vehicle, and under any circumstances when the bargaining unit member is issued a traffic citation. ii. An order to submit to post accident testing can be made by a Police Sergeant or higher rank. Any bargaining unit member ordered for a post-accident drug test may, at the member's option, be accompanied to the testing by an available Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. The unavailability of a Union Representative shall not preclude the post-accident drug testing from taking place. iii. Refusal to submit to an order for post-accident drug testing, or intentionally delaying a post-accident drug test can result in termination;however,nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle,machinery,or equipment 14. "Special-Risk Position" means a position that is required to be filled by a person who is certified under Chapter 633,Fire Prevention and Control or Chapter 943,Department of Law enforcement. 15. "Specimen" means a tissue or product of the human body including blood, urine, or saliva capable of revealing the presence of alcohol and/or illegal drugs or their metabolites. 16. "Stepping Forward" means that an employee comes forward and requests assistance for substance abuse prior to being selected for a random drug test, or prior to being ordered to submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to being involved in an accident or sustaining an injury,which requires drug testing. 1.4 POLICY A. It is the policy of the City that an employee found with the presence of alcohol, illegal Police Sergeants:October 1,2019-September 30,2022 58 Page 1551 of 1743 drugs, or prescription medication in levels exceeding prescribed dosage in his/her system,in possession of,using,selling,trading or offering for sale illegal drugs or alcohol during working hours, may be subject to disciplinary action up to and including termination. A refusal to submit to a drug test is grounds for immediate termination. An employee reporting for work visibly impaired and that is unable to properly perform required duties,will not be allowed to work. The supervisor should first attempt to seek another supervisor's opinion of the employee's status. Then the supervisor should consult privately with employee with the observation, to rule out any problem(s) that may have been caused by prescription drugs. If,in the opinion of both supervisors,the employee is considered impaired,the employee should be drug tested by an authorized provider and then provided safe transportation home. An impaired employee must not be allowed to drive and if necessary can be transported home by a supervisor or another employee. It is the responsibility of the City's supervisors to counsel with an employee whenever they see changes in performance that suggest a potential employee problem. The supervisor may suggest that the employee voluntarily seek help from the employee assistance program or decide that the severity of the observed problem is such that a formal referral to the EAP should be made. B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY 1. Prescription drugs prescribed by the employee's physician, who is licensed to practice medicine in the United States, may be taken during working hours in strict accordance with the provisions of the Policy. Employees should never use intoxicants or drugs that could cause impairment during work hours. An employee who is using a prescription medication while on the job shall do so in strict accordance with medical directions. 2. It is the employee's responsibility to notify the prescribing physician of his/her job requirements/functions to ensure that the physician approves the use of the prescription medication while the employee is performing his/her job duties. It is recommended that the employee provide his/her physician with a copy of the FDLE standards for law enforcement officers so the physician is aware of the physical requirements of the position. 3. It is the employee's responsibility to immediately notify the Director of Human Resources and Risk Management or designee when (s)he is prescribed any medication that is considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03. Failure to disclose this information may result in disciplinary action up to and including termination of employment The Director of Human Resources and Risk Management may require the employee to provide a note from his/her prescribing physician stating that the employee is able to perform the functions of a law enforcement officer while taking the medication as prescribed. 4. The employee shall notify the Director of Human Resources and Risk Management or designee if the use of his/her properly prescribed medications/drugs (other than Police Sergeants:October 1,2019-September 30,2022 59 Page 1552 of 1743 those considered a controlled substance on Schedules II, III, or IV as defined and amended from time to time in Florida Statutes 893.03) will affect the employee's work performance. S. If the prescribing physician determines that the employee cannot perform his/her job duties without impairment while taking the prescribed medication, then the employee will be required to use his/her sick and/or FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he can return to work. If the employee reports to work,the City will presume that the employee is not impaired. 6. Abuse of prescription drugs will not be tolerated. A. Conditions of Pre-Employment The City will conduct a pre-employment screening examination designed to prevent hiring individuals who use drugs. 1. To determine the suitability of employees to work for the City the following pre- employment conditions are established: a) Job Applicants in mandatory-testing positions, safety-sensitive positions, and/or special-risk positions will be tested prior to employment for drug use and alcohol use. b) Any job applicant, as defined in the above-section,who refuses to submit to drug and alcohol testing as part of the pre-employment testing process will be refused employment. c) Any job applicant who tests positive for drugs or alcohol use will be refused employment d) Confidentiality will be maintained pursuant to this policy. B. Employee Compliance It shall be a condition of continued employment for all employees to submit to drug and alcohol screening under the policy. If there is a conflict between this policy and the collective bargaining agreement, the collective bargaining agreement shall control. Refusal to submit to drug testing is grounds for immediate termination. Refusal to submit to drug testing is not a waiver of the employee's right to challenge both the order and the test outcome. C. Employee Assistance Program The City offers an Employee Assistance Program(EAP)which provides help to employees and their families who suffer from various difficulties including alcohol or drug abuse. In addition to the City's EAP Program,below is a list of local assistance programs and local drug and alcohol rehabilitation programs: Police Sergeants:October 1,2019-September 30,2022 60 Page 1553 of 1743 a) Narcotics Anonymous Help Line : 561-848-6262 b) Drug Abuse Foundation of Palm Beach County : 561-278-0000 c) Palm Beach Al-Anon/AI-a-Teen Information : 561-882-0308 d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700 e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400 It is the responsibility of each employee to seek assistance before drugs and alcohol lead to performance problems. 1. Use of the employee assistance program, on a voluntary basis, will not affect the determination of appropriate disciplinary action. 2. An employee's decision to seek assistance from the Employee Assistance Program on a voluntary basis prior to any incident warranting disciplinary action will not be used as the basis for disciplinary action or in any disciplinary proceeding. On the other hand, using EAP will not be a defense to the imposition of disciplinary action where facts providing violation of this policy are obtained outside of the EAP. Accordingly,the purpose and practices of this policy and the EAP are not in conflict but are distinctly separate in their applications. 3. Through the EAP, the City will provide appropriate assessment, referral to treatment,and treatment of drug and alcohol abuse. 4. Upon successful completion of a drug and/or alcohol treatment program an employee may be released to resume work but will be subject to drug testing on a random,periodic basis, at least quarterly, and for up to two years thereafter as a condition of continued employment These stipulations may be incorporated in a Last Chance Agreement 5. An individual's participation in the program will not be made part of any personnel records and will remain confidential to the extent necessary to comply with this policy. Medical and insurance records, if any, will be preserved in the same confidential manner as all other medical records and be retained in a separate file as provided by law. D. Management's Responsibility The City will maintain screening practices to identify employees who use illegal drugs or abuse alcohol. Department Heads are responsible for implementing this Drug Free Work Place policy. It is the responsibility of the supervisors to observe the behavior of employees on the job as a precaution against unstable or unreliable behavior which could threaten the safety and well-being of employees and the community. 1. Supervisors are responsible for maintaining a safe work environment by monitoring employees'behaviors and performance. 2. In the event a supervisor has a reasonable suspicion that an employee may be under the influence of drugs or alcohol,the employee must be sent for reasonable Police Sergeants:October 1,2019-September 30,2022 61 Page 1554 of 1743 suspicion drug testing. A form for documenting cause for a reasonable suspicion drug test is attached. 3. In all cases when an employee is to be removed from duty for drug testing, the Department Head and Human Resources & Risk Management should be immediately notified. E. Employee's Responsibility 1. It is each employee's responsibility to be fit for duty when reporting for work and to inform his/her supervisor if(s) he is under prescription or non- prescription medication which may affect job performance. 2. In the event an employee observes behavior in another employee,which raises a doubt as to that employee's ability to perform work in a safe, reliable and trustworthy manner, the employee should report this behavior to his/her supervisor. 3. Employees, who enter drug or alcohol treatment and/or rehabilitation program voluntarily at the request or insistence of the City or, as a condition of continued employment are required to fully participate in and complete the recommended treatment. Any employee who enters a drug or alcohol treatment and/or rehabilitation program will be responsible for payment of the treatment and/or program. If the employee fails to comply with the treatment and/or program,the employee will be subject to discipline,up to and including termination. F. Medical Review Officer's (MRO) Responsibilities 1. The MRO will review all information from the testing laboratory in the event of a positive,confirmed test. The MRO will review any information from the employee or job applicant regarding the use of medication or other relevant medical information set forth in the form submitted prior to drug testing. 2. The MRO may request that the testing laboratory provide quantification of test results. 3. The MRO will provide confirmed test results to the Human Resources representative from the City. 1.5 PROCEDURE In order to maintain a drug and alcohol free work environment, the City will test for the presence of alcohol and drugs in the following circumstances: 1. Pre-employment. Job applicants who have been offered a position of employment and whose job requirements are that of a mandatory-testing,safety- sensitive, or special-risk position are required to take a drug and alcohol test. 2. Reasonable suspicion: Employees who are determined to be under reasonable suspicion of drug or alcohol use (as defined herein), are required to take a drug Police Sergeants:October 1,2019-September 30,2022 62 Page 1555 of 1743 and alcohol test. 3. Post-incident. Employees are required to take a drug and alcohol test when the employee is involved in a job-related incident, which results in any of the following: (a) discernable property damage, (b) the employee receiving medical attention as a result of a work-related injury or accident, or (c) the employee receiving a citation. [See 13.e. (i-iii)]. 4. Random Testing: Employees are subject to random drug testing. On a monthly basis,a designated Police Officer uses www.random.or to generate a list of three (3) PBA members who will be randomly tested for that month. A Union Representative signs off on this list In addition, members assigned to Vice are tested once every six (6) months. 5. Fitness for duty. All employees who are subject to routine annual medical examinations are required to take a drug and alcohol test as part of their medical examination. 6. Follow-up: All employees who have been referred to an employee assistance program or rehabilitation program by the City for drug and/or alcohol abuse are required to take drug and alcohol tests on a quarterly basis for up to two (2)years after their return to work. These stipulations may be codified in a Last Chance Agreement A. Consequences of Refusing a Drug Test 1. An employee who refuses to submit to a drug and alcohol test will be subject to immediate termination. An employee who refuses to submit to a drug test forfeits his/her eligibility for all workers'compensation medical and indemnity benefits. 2. A job applicant, as defined in section 1.3, #9,who refuses to submit to a drug and alcohol test will not be hired. B. Actions Following a Positive Confirmed Test The City may administer disciplinary action, up to and including termination, for any employee who has a positive,confirmed drug or alcohol test C. Confidentiality Confidentiality of records concerning drug and alcohol testing will be maintained to the extent necessary to comply with this policy. All information, reports, memos and drug test reports,written or otherwise,received by the City through the drug testing program will be kept confidential as provided by law. The City's Employee Assistance Program, laboratories, drug and alcohol rehabilitation programs who receive or have access to information concerning drug test results shall keep all information confidential. No such information will be released unless there is a voluntary written consent, signed by an employee or job applicant, except where such release is compelled by a court pursuant to an appeal taken under this section, or where Police Sergeants:October 1,2019-September 30,2022 63 Page 1556 of 1743 deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The City will maintain records concerning drug testing separate and apart from an employee's or job applicant's file. D. Reporting of Use of Medication Employees and job applicants may confidentially report the use of prescription or non- prescription medication both before and after having a drug test. E. Notice of Common Medications A list of most common medications, by brand name or common name, as applicable, as well as by chemical name,which may alter or affect a drug test, is listed below in section H. Employees and job applicants should review this list prior to submitting to a drug test F. Medication Information An employee or job applicant may consult with the testing laboratory for technical information regarding prescription and non-prescription information. G. Employee Assistance Program Refer to the Employee Assistance Program Policy for the name, address and telephone number of the City's current provider or contact the Human Resources and Risk Management Department H. Drugs to be Tested In accordance with F.S. 893.03 as amended from time to time, the following is an illustrative and non-exhaustive list of drugs that will be tested: 1. Alcohol, including distilled spirits,wine, malt beverages and intoxicating liquors, resulting in a 0.04 or higher. A positive Breath Alcohol Test will be confirmed by a Blood Alcohol Test 2. Amphetamines 3. Cannabinoids 4. Cocaine 5. Phencyclidine (PCP) 6. Hallucinogens 7. Opiates 8. Methaqualone 9. Barbiturates 10. Benzodiazepines 11. Synthetic Narcotics 12. Designer Drugs 13.A metabolite on any substance listed herein Police Sergeants:October 1,2019-September 30,2022 64 Page 1557 of 1743 14.Anabolic/Androgenic Steroids. A list of drugs by brand names or common names includes: Opium Dover's Powder, Paregoric, Parepectolin Morphine Morphine,Pectoral Syrup Codeine Tylenol with Codeine, Empirin with Codeine, Robitussan A-C, Hydrocodone, Coke Crack Heroin Diacetylmorphine,horse,smack Hydromorphone Dilaudid Meperidine Demerol,Mepergan Methadone Dolophine,Methadone,Methadose Other Narcotics Laam, Leritine, Numorphan, Percodan, Tussiones, Fentanyl, Darvon, Talwin, Lomotil, Lorcet, Vicodin, Percocet Chloral Hydrate Noctec, Sommos Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal, Seconal, Lotusate Benzodiazepines Atavan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion,Paxipam,Restoril Methaqualone Quaalude Methamphetamine Methyl Ice Glutethimide Doriden Other Depressants Equanil,Miltown,Noludar,Placidyl,Valmid NEW DRUGS- New drugs will be added to the list of controlled substances based on amendments to the Florida Statutes and/or any federal law, rule, regulation or procedure after a review with the Labor-Management Committee. PRESCRIPTION DRUGS Many prescription drugs can alter or affect drug tests. Due to the large number of obscure brand names and the constant marketing of new products,this list is illustrative and not exhaustive. Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for alcohol content. Amphetamines: Pbetrol, Biphetamine, Desoxyn,Dexedrine,Didrex,Lonamine,Fastin. Cannabinoids: Marinol (Dronabinol,THC). Cocaine: Cocaine, HCI topical solution(Roxanne) Phencyclidine: Not legal by prescription Methaqualone: Not legal by prescription Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine, Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone), MS Contin and Roxano (morphine sulfate),Percodan,Vicodin,Tussiorganidine, etc. Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl, Fioricet, Esgic, Butisol, Mebarel, Butabarbital,Butalbital, Phrenilin,Triad,etc. Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tanzene,Valium,Verstran,Halcion,Paxipam,Restoril, Centrax,etc. Police Sergeants:October 1,2019-September 30,2022 65 Page 1558 of 1743 Methadone: Dolophone, Metadose,etc. Propoxyphene: Darvocet,Darvon N,Dolene,etc. ANABOLIC/ANDROGENIC STEROID TESTING Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act(CSA) as of February 27, 1991. An employee or job applicant who is contacted by the MRO may confidentially report the use of prescription medication(s)because the presence of these medications in the body may have affected the outcome of the test. I. Challenge of Test Results 1. An employee or a job applicant who receives a positive confirmed test result may, within five (5) working days, submit information to the Director of Human Resources & Risk Management explaining or contesting the test result and explaining why the test result does not constitute a violation of the City's policy. 2. If the explanation or challenge of the employee or job applicant is unsatisfactory to the City,the City will provide a written explanation as to why the employee or job applicant's explanation is unsatisfactory, and a copy of the report of positive confirmed test results will be provided to the employee or job applicant. 3. An employee may further challenge the results of the test in a court of competent jurisdiction or,if the drug was administered due to a workplace injury,by filing a claim for benefits with a judge of compensation claims,pursuant to Chapter 440, Florida Statutes. 4. If an employee or job applicant contests the drug test results he/she must promptly notify the Medical Review Officer (MRO). Police Sergeants:October 1,2019-September 30,2022 66 Page 1559 of 1743 ADDENDUM "B" MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) This Mutual Consent Agreement is entered into between the CITY OF BOYNTON BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 310, Boynton Beach, FL 33425 (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS. WHEREAS, the 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter "Legislation" regarding the use of insurance premium tax revenue ("IPTR"); and WHEREAS, the City has a retirement pension plan and fund for police officers known as the Boynton Beach Police Officers' Pension Fund ("Fund") that exceeds the minimum benefits and minimum standards established by the State of Florida for public employee police pension plans as set forth in chapter 185, Florida Statutes; and WHEREAS, the Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues, which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent of the members' collective bargaining representative (PBA)> NOW THEREFORE,the City and PBA Unions agree as follows: 1. The foregoing Whereas clauses are correct. 2. The total of ninety thousand dollars ($90,000) of IPTR, whether base premium tax revenue or additional premium tax revenue, received by the City will be used to reduce the City's unfunded liability to the Boynton Beach Police Officers' Pension Fund. These funds will be provided to the City in increments of thirty thousand dollars ($30,000) in November 2019, November 2020, and November 2021. 3. This Consent Agreement takes effect when signed by PBA and City. Signature Page Follows Police Sergeants:October 1,2019-September 30,2022 67 Page 1560 of 1743 SIGNATURE PAGE for MUTUAL CONSENT AGREEMENT (Use of Insurance Premium Tax Revenue) CITY OF BOYNTON BEACH Lori LaVerriere, City Manager BOYNTON BEACH POLICE OFFICERS AND DETECTIVES AND POLICE SERGEANTS Palm Beach County PBA Representative ATTEST: Crystal Gibson, City Clerk APPROVED AS TO LEGAL FORM: City Attorney Police Sergeants:October 1,2019-September 30,2022 68 Page 1561 of 1743 ADDENDUM "C" CITY OF BOYNTON BEACH HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT h4k TUITION ASSISTANCE PROGRAM POLICY NO.05-003 August 1, 2018 SUMMARY OF REVISEDP DELETED,OR ADDED CONTENT Revision Date ResponsibleDepart roen cro tions fho r� e 1 August 1,2018 Human Resources& Risk Mgt Replaces APM 04.01®03 APPROVAL: City Manage Date Police Sergeants:October 1,2019-September 30,2022 69 Page 1562 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2019 Page 1 of 7 Tuition Assistance Program 1.1 PURPOSE To provide financial assistance, when such funding is appropriated and approved in the City's Human Resources Department's annual budget, to eligible full-time regular employees, who are enrolled in an undergraduate or graduate degree program at an accredited college or university and when the attainment of such degree is determined by the City to be directly beneficial to the employee's current job or for an advanced job in the City within their career path. This program is at the sole discretion of the City and may be suspended or cancelled at any time. 1.2 SCOPE Employees who are eligible to participate in this program are full time, non-probationary; unrepresented (General) employees and full-time, non-probationary employees covered under the SEIU Blue Collar or White Collar Collective Bargaining Agreement. Employees who have entered the DROP pursuant to a City pension plan are not eligible to participate in this program. Employees who are governed by a Collective Bargaining Agreement other than SEW are not eligible to participate in this program. Employees must be "in good standing" with the City at the time of application through the time of reimbursement in order to receive reimbursement through this program. 1.3 DEFINITIONS a. Accredited college or univeEa4: A college or university that has attained accreditation as documented by inclusion in the U.S. Department of Education's Office of Post-secondary Education (OPE) Database of Accredited Postsecondary Institutions and Programs (h_t_t_p_5L:L/o2L-e_d_.Zov/ ccrectitation Search-as x). The Director of Human Resources and Risk Management reserves the right to consider and approve or deny any college or university that is not listed in this database. b. Full-time: An employee who is in a job classification designated as full-time and who is scheduled to work a minimum of thirty-six(3 6)hours per work week. c. "in g-Qod standin Z!: An eligible employee who: 1. Is actively employed on the date of program enrollment and through the date of reimbursement; 2. Hasnot been in an unpaid leave status of more than sixteen (16) hours for any calendar week from the date of program enrollment through the date of reimbursement, and 3. For one (1) year prior to the date of program enrollment and through the date of reimbursement, has of received sustained discipline of an unpaid suspension for more than twenty-four (24) hours or three (3) days and has not been demoted for disciplinary reasons. d. Non-probationary, An employee who has successfully completed his/her initial one (1) year probationary period. Employees who are on a probationary period solely due to a promotion or reclassification and who have already been employed with the City in a full- time position for more than one (1)year are considered"non-probationary"for purposes of this policy. Police Sergeants:October 1,2019-September 30,2022 Page 1563 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 2 of 7 1.4 POLICY A. This Policy supersedes and replaces Administrative Policy 04.01.03. The Tuition Assistance Program is coordinated by the City's Human Resources and Risk Management Department. In order to be considered for participation in this program, eligible employees must enroll, adhere to all applicable procedures, and sign a participation agreement to acknowledge program requirements and obligations. Each fiscal year that this program is funded, the Director of Human Resources and Risk Management will establish the current eligible reimbursement expenses and amounts and will set the fiscal year per person maximum reimbursable amounts. This information, titled Addendum: Tuition Assistance Program Current Reimbursement Year Expenses and Amounts,will be updated and maintained as part of this policy. Applications will be considered in the order in which they are received. Available funds will be reimbursed until the end of each funded fiscal year or until funds are exhausted,whichever comes first The interpretation and administration of this policy shall be the responsibility of the Director of Human Resources and Risk Management. Participation in the Tuition Assistance Program is voluntary, and no aspect of this policy or program is subject to any grievance or appeal process. B. The budgeted Tuition Assistance Program funding will be split into two separate pools so reimbursement opportunities can be fairly appropriated based on typical academic calendars. If funding remains available after processing all eligible and approved Period Two Reimbursements, applications for Period One Reimbursements that were eligible but not reimbursed will be reconsidered. * Reimbursement Period One. For course dates between August and December • Deadline for submitting Reimbursement Applications:January 31st • Final reimbursement issued in February * Reimbursement Period Two: For course dates between January and July o Deadline for submitting Reimbursement Applications:August 31st o Final reimbursement issued in September C. The following courses are ineligible for reimbursement under all circumggrices even if they are a requirement for obtaining a degree: 1. Course that is covered by any non-refundable financial aid, scholarship, or other governmental assistance; 2. Seminar; 3. Internship; 4. Course that earns only Continuing Education Credits (CEUs); S. Exam preparation course or entrance exam; 6. Course taken as"audit only"; 7. Course graded only as"Pass/Fail"; B. Course issuing credit only as"Life Experience"and/or"Portfolio"; 9. Course fulfilling only a physical education or sexual education requirement; 10. Course taken that is not part of an employee's approved undergraduate or graduate degree program; and 11. Course taken by an employee who is not enrolled in an undergraduate or graduate degree program. Police Sergeants:October 1,2019-September 30,2022 71 Page 1564 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 3 of 7 D. The letter grade an employee earns upon completion of an approved course determines the percentage of reimbursement that will be applied to eligible expenses. • A= 100% • B= 75% • C= 50% • D= 0% (ineligible for reimbursement under this policy) • F= 0% (ineligible for reimbursement under this policy) An employee who receives an "Incomplete' or who withdraws from a course is not eligible for reimbursement under this policy. E. Any tuition assistance provided to an employee pursuant to this policy up to a maximum of amount of $5,250.00 in any calendar year is excluded from tax; any amount received in excess of$5,250.00 in any calendar year will be treated as taxable income, as required by the Internal Revenue Service(IRS). F. An employee who separates employment for any reason other than a City-initiated layoff or termination within twenty-four (24) months of receiving any amount of financial assistance pursuant to this policy, authorizes the City to deduct the amount(s) of such reimbursement(s) from any amount of payout to which (s)he would have otherwise been entitled. An employee who is not eligible for payout or who does not have sufficient payout value from which to deduct the reimbursed amounts) is obligated and required to repay the City. G. Deadlines are not negotiable and will not be extended. It is solely an employee's responsibility to timely submit enrollments, agreements, reimbursement applications, and other required documentation for participation in this program. No employee should expect or rely upon the City, Human Resources,or any other person to "remind" him/her of this program's requirements and/or deadlines. 1.5 PROCEDURES a. This program is at the sole discretion of the City and may be suspended or cancelled at any time. b. A Tuition Assistance Program Participation Enrollment Form and Tuition Assistance Program Agreement are required to be submitted by any eligible employee who is interested in seeking reimbursement pursuant to this policy. The purpose of the Participation Enrollment Form is for Human Resources and Risk Management to evaluate whether or not an employee meets participation requirements of the program. The purpose of the Agreement is to confirm that an employee understands the program and his/her obligations pursuant to enrollment and reimbursement. The Participation Enrollment Form and the Program Agreement are required to be submitted each funded fiscal year in which the employee is interested in participating. No reimbursement will be considered without a current approved participation enrollment form and signed program agreement. 1. Human Resources will log completed Participation Enrollment Forms and Program Agreements in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet"Enrollments"tab. Police Sergeants:October 1,2019-September 30,2022 72 Page 1565 of 1743 Poky No.05-003 Tuition Assistance Program August 1,2018 Page 4 of 7 2. Human Resources will review the Participation Enrollment Forms and will confirm, and log eligibility on the"Enrollments"tab. 3. Human Resources will notify employees in writing of their participation approval or denial. If an employee is denied,the reason for the denial will be included. C. A separate Tuition Assistance Program Reimbursement Application is required to be submitted for each course for which an employee is requesting reimbursement. These Reimbursement Applications are accepted on a rolling basis per Reimbursement Period, and all required documentation is required to be submitted with each Reimbursement Application. The submission of a Reimbursement Application does not guarantee reimbursement. d. Completed Reimbursement Applications with required documentation must be submitted via electronic mail to:br@bbfl.us with the subject line. Tuition Assistance Program. 1. Human Resources will assign each Reimbursement Application a tracking number based upon date and time of receipt: TAP-YYYY-MM-DD-###, wherein TAP means Tuition Assistance Program,YYYY means calendar year, MM means calendar month, DD means calendar day, and ### indicates the number of the request received on the specified date. For example,the first request received on October 1, 2017 would be assigned the tracking number:TAP-2017-10-01-001. 2. Human Resources will review Reimbursement Applications in the order in which they are received. Incomplete Reimbursement Applications or Reimbursement Applications submitted without required documentation will be returned via electronic mail to the employee, who will need to resubmit a completed Reimbursement Application with supporting documentation in order to be considered for reimbursement. A new tracking number will then be assigned based on the date of receipt of the completed Reimbursement Application with required documentation. 3. Human Resources will separately log each course Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Applications"tab. i. Human Resources will reconfirm an employee's eligibility. The course Final Grade, Credit Hours, and Book(s) Cost will be logged on the "Applications" tab. ii. Human Resources will log the eligible reimbursement amounts for credit hours and textbook(s) and will calculate a total eligible reimbursement amount. e. Reimbursement Processing will begin for the Reimbursement Period One following the January 31st deadline for submitting Reimbursement Applications. i. Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. Police Sergeants:October 1,2019-September 30,2022 "3 Page 1566 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 5 of 7 ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracldng spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period One has been depleted. HL Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. iv. Finance will process all approved Period One Reimbursements in February. v. If funds are remaining in the allocated Program Budget Balance following Period One Reimbursements, Human Resources will add this remaining balance to the beginning Program Budget Balance for Period Two Reimbursements. f. Reimbursement Processing will begin for the Reimbursement Period Two following the August 31st deadline for submitting Reimbursement Applications. L Human Resources will sort completed eligible Reimbursement Applications by Tracking Number order and reconfirm an employee's eligibility. ii. Human Resources will log each eligible Reimbursement Application in the funded fiscal year's Tuition Assistance Program Tracking spreadsheet "Reimbursements" tab up to the Maximum Per Person Allowable Reimbursement Amount (see Addendum for these Amounts). This process will be repeated for each eligible Reimbursement Application until the Program Budget Balance for Reimbursement Period Two has been depleted. iii. If funding remains available after processing all eligible and approved Period Two Reimbursements, Human Resources will reconsider Period One Reimbursement Applications that were eligible but not reimbursed due to that period's allocated budget limitations. iv. Human Resources will complete a 121 for Tuition Assistance Program Reimbursement and route for approvals and processing by Finance. v. Finance will process all approved Period Two Reimbursements in September. Police Sergeants:October 1,2019-September 30,2022 74 Page 1567 of 1743 Policy No.05-003 Tuition Assistance Program August 1,2018 Page 6 of 7 Addendum:Tuition Assistance Program Current Reimbursement Year Expenses and Amounts FOR FISCAL YEAR REIMBURSMENT: October 1, 2018-September 30,2019 Applications will be considered on a rolling basis for enrollment in courses in which classes began on or after August 1, 2018. In order to be eligible for reimbursement all documentation required to process a reimbursement must be received on or by the thirtieth (30th) day following the last date of the ter /session for the course(s) for which reimbursement is being requested. In no case will reimbursements be processed outside of the fiscal year. ELIGIBLE REIMBURSABLE EXPENSES AND AMOUNTS: Copies of original receipts are required for reimbursement. Failure to provide proper documentation will result in ineligibility for reimbursement. Tuition and Fees, (maximum per credit hour reimbursement based on course grade) Final Course Grade: A B C Associate Degree Course: $114.04 $ 85.53 $ 57.02 Bachelor Degree Course: $179.90 $134.93 $ 89.95 Graduate Degree Course: $336.77 $252.58 $168.39 Reguired Course Textbook(5 : (maximum reimbursement per course based on course grade) Final Course Grade: A B C Per Course: $150.00 $112.50 $ 75.00 MAXIMUM PER PERSON ALLOWABLE REIMBURSEMENT PER FUNDED FISCAL YEAR No employee will be reimbursed for more than twelve (12) credit hours per funded fiscal year and are subject to the following fiscal year per person maximum credit hour reimbursement amount based on degree: * Associate Degree: $1,368.48 • Bachelor Degree: $2,158.80 * Graduate Degree: $4,041.24 No employee will receive more than$600.00 for textbook reimbursement per funded fiscal year. Police Sergeants:October 1,2019-September 30,2022 75 Page 1568 of 1743 SIGNATURE PAGE Agreed to this day of 2019, by and between the respective Parties through the authorized representatives of the PBA and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION By: Witness John Kazanjian, President By: Witness Brennan Keeler, Legal Counsel CITY OF BOYNTON BEACH By: Witness Mayor- Steven B. Grant ATTEST: Witness Crystal Gibson City Clerk APPROVED AS TO FORM AND CORRECTNESS: City Attorney Lori LaVerriere, City Manager Ratified by City Commission Ratified by Union Date Date Page 1569 of 1743 SIGNATURE PAGE Agreed to this day of 2019, by and between the respective Parties through the authorized representatives of the PBA and the City. PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION r6 I By: Witness John KaAji 5resident 1� By: Witness Brennan Keeler, Legal Counsel CITY OF BOYNTON BEACH By: Witness Mayor- Steven B. Grant ATTEST: Witness Crystal Gibson APPROVED AS TO FORM City Clerk AND CORRECTNESS: City Attorney Lori LaVerriere,City Manager Ratified by City Commission Ratified by Union Date Date M--- 4 r--7n 43 12.A. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-040 - FIRST READING -Approve proposed amendments to Part 11, Code of Ordinances, Chapter 10, Article 11, Refuse, Garbage and Trash, Section 10-23 & Section 10-24, Amending definitions and codes clarifying mandatory service charge to curtail illegal dumping. EXPLANATION OF REQUEST: Illegal dumping and early setout of bulk trash/vegetation prior to scheduled pickup day have become a chronic issue for the City and the Solid Waste Division. In an effort to curtail illegal dumping and unscheduled pickups , staff are proposing the following changes: • Amending definitions, removing references to fees and charges now set be resolution which were adopted on July 16th 2019, Resolution #R19-075. • Adding a new paragraph under section 10-24, single family refuse collection titled Mandatory Service Charge to clarify and further define the process of mandatory service charges to curtail illegal dumping, loose household bulk trash, and early setout of bulk trash/vegetation prior to scheduled pickup day. • Reinstating the prohibition of placing bulk trash/vegetation on vacant lots and setting a maximum limit of three (3) cubic yards of bulk trash/vegetation per customer once a week. Prior to implementation, Solid Waste and Community Standards staff will educate the public about the changes via a marketing campaign, which includes social media, notices in utility bills and direct contact with customers. Warnings will be issued for a period of 30 days prior to enforcement of the mandatory service charge. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The proposed changes will provide staff the necessary tools to improve the appearance of the City as well as the efficiency of daily operations. FISCAL IMPACT: Budgeted Staff estimates a 10% savings in fuel, dump fees and staff hours. In addition, staff projects collecting approximately $5,000.00 in additional revenue. ALTERNATIVES: Continue status quo and ramp up efforts to curtail illegal dumping, loose household bulk trash and early setout of non-scheduled bulk trash/vegetation by hiring additional staff and equipment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1571 of 1743 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Chapter 10 to address illegal dumping D Exhibit Proposed Amendment chapter 10, article I I Refuse, Garbage and Trash Page 1572 of 1743 1 2 ORDINANCE NO. 19- 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 10 OF THE CITY'S 5 CODE OF ORDINANCES, "GARBAGE, TRASH AND 6 OFFENSIVE CONDITIONS," ARTICLE II, "REFUSE, 7 GARBAGE AND TRASH", SECTION 10-23, 8 "DEFINITIONS" AND SECTION 10-24, "SINGLE 9 FAMILY RESIDENTIAL REFUSE COLLECTION" 10 CLARIFYING MANDATORY SERVICE CHARGE TO 11 CURTAIL ILLEGAL DUMPING; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, CODIFICATION AND 13 AN EFFECTIVE DATE. 14 15 WHEREAS, illegal dumping and early setout of bulk trash and vegetation prior to 16 scheduled pickup day have become a chronic issue for the City and the Solid Waste division; 17 and 18 WHEREAS, in an effort to curtail illegal dumping, staff is proposing the changes to 19 improve the appearance of the City as well as the efficiency of daily operations; and 20 WHEREAS, the City Commission finds the adoption of the proposed ordinance is 21 in the best interest of the health, safety, and welfare of the citizens and residents of the City 22 of Boynton Beach. 23 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY 24 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 25 Section 1. Each "Whereas" clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. Chapter 10, Garbage, Trash and Offensive Conditions, Article 11, 28 Refuse, Garbage and Trash, Section 10-23 is amended as follows: 29 ARTICLE II. REFUSE, GARBAGE AND TRASH* 30 31 Sec. 10-23. Definitions. 32 33 Mandatory Service Charge means an automatic & service 34 charge, which will be assessed for any bulk trash/vegetation that is placed for pickup 35 on the wrong day. 36 1 S:ACA\Ordinances\Solid Waste Mandatory Service Charge(Illegal Dumping)-Ordinance.Docx Page 1573 of 1743 37 Special pickup, and costs referenced herein, shall apply when residential solid 38 waste, exclusive of construction debris, greater than six (6) cubic yards must be 39 collected and disposed of separate from other provisions of this Article. Special 40 pickups will be coordinated with the resident and a Solid Waste Supervisor as to 41 time,place, date, and items to be picked up. Items to be picked up will not be 42 deposited at the curbside more than twenty-four(24) hours prior to the scheduled 43 special pickup. All special pickups shall be at additional cost to the resident. An 44 estimate of the cost of the special pickup should be obtained by contacting the office 45 of the Director of Public Works. Special pickups will be made as soon as practicable 46 upon acceptance of the cost estimate by the owner. The miaimttm fee faf th 47 48 49 Section 3. Chapter 10, Garbage, Trash and Offensive Conditions, Article 11, 50 Refuse, Garbage and Trash, Section 10-24 is amended as follows: 51 Sec. 10-24. Single family residential refuse collection. 52 53 (a) The City will collect non-containerized residential refuse under the following 54 conditions: 55 (1) Garbage will be collected twice per week at curbside only from each single 56 family residential unit in the City provided with roll-out garbage carts. The 57 placement of household garbage in a loose and uncontained manner on the roadside, 58 swale or other locations adjacent to the roadway with the expectation of collection 59 shall be strictly prohibited. ';rthere will be an automatic mandatory ser ice—char�, 60 loose household btill< trash not ba.?&ped orprocessed which will ree V,(i 61 the zlv li l ti er icedAll material intended for disposal with the roll-out 62 garbage carts shall be placed inside the cart, and the lid of the cart must be closed. 63 All refuse cans and carts shall be aboveground,placed off the street, but within three 64 (3)feet of the curb or edge of pavement and shall be located a minimum of three (3) 65 feet from any obstruction that may interfere with routine collection. Yard trash and 66 combustible trash will not be collected with household garbage, but will be picked 67 up once per week on a scheduled trash pickup day. Yard trash and combustible trash 68 capable of being containerized should be placed in a standard garbage can, roll-out 69 garbage cart,plastic bag, or disposable container, only yard waste generated by 70 residential property will be eligible for collection. Collection of yard trash should be 71 piled separately from all other trash at curbside. Any mixing of household garbage, 72 combustible, noncombustible, or bulk trash with the yard trash shall be strictly 73 prohibited. Materials classified as hazardous material will not be collected by the 74 City. Household garbage, trash or any type of other material intended for collection, 75 shall not be set out prior to the day proceeding the scheduled pickup. Il iciti�.? o 1 lil)<- 76 trash/vegetation on-vacant Iots_i. strictZ�j � ll zt c 11 21 t1 sl1, Fetation shall not 77 exceed 3 (three) cubic vac �n mustbe rocessed and_ ggaway from , _ - � .... ... .... gi . 78obstaclesti iii iiillme carts overhead y,'iresand loy,.. i trees. 79 80 (2) All garbage cans provided by the individual customer shall be subject to 2 S:ACA\Ordinances\Solid Waste Mandatory Service Charge(Illegal Dumping)-Ordinance.Docx Page 1574 of 1743 81 inspection and approval by the Director of Public Works or designee at all times. A 82 container not approved by the Director of Public Works and which is set out for 83 collection will have a notice placed upon the container, handed to the owner or 84 occupant, or left at his residence and the occupant shall no longer use the container 85 for collection. 86 87 (3) Special waterproof disposable refuse bags or any other containers may be 88 used for vegetative materials. When such bags or any other containers are used, the 89 responsibility for protection of either the bag or the container and the contents shall 90 rest with the individuals occupying or residing on the property. Rupture of, or 91 damage to the bag or container, from any cause which results in the scattering of 92 refuse prior to the arrival of City collection personnel will obligate the user to 93 reassemble all of the refuse in an undamaged bag or container prior to pickup by the 94 City. 95 96 (4) No yard trash shall be placed on property owned or occupied by others 97 without permission. 98 99 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or 100 adjacent to any street, sidewalk,parkway, front yard, side yard or other place within 101 the view of persons using any street or sidewalk located within the City, except as 102 provided herein. Protection of the containers placed for collection is the 103 responsibility of the resident. 104 105 (6) Curbside residential recycling service will be given to each residential 106 dwelling unit with the City, once a week. The City shall provide each resident with 107 two (2)recycling bins or carts. One shall be used for the accumulation of plastic 108 containers, glass, aluminum and other allowable co-mingled materials. The other 109 shall be used for newspaper, magazines, glossy paper, office grade paper, and 110 corrugated cardboard. The bins shall be set out on the designated collection day. 111 112 (7) Where the resident of a dwelling unit is physically unable to deliver 113 residential solid waste to curbside the resident can complete an application for 114 request for reasonable accommodation. The Public Works Director or his or her 115 designee shall review the request and make a determination on the request for 116 reasonable accommodation based upon a finding that the proposed accommodation 117 is reasonable, and the applicant is an individual with a disability as defined in 42 118 U.S.C. § 12102 of the Americans with Disabilities Act. The applicant will be notified 119 in writing of the decision on the request for reasonable accommodation. Regardless 120 of any accommodation made pursuant to the facts described in this paragraph, 121 vegetative waste must continue to be placed at curbside. 122 123 (8) Hazardous wastes, infectious wastes, construction and demolition material, 124 dead animals and any other prohibited waste shall not be placed in garbage cans, 125 bags, or any other types of containers or placed loose on the ground with the 126 expectation of having the material collected by the City. These materials are not part 3 S:ACA\Ordinances\Solid Waste Mandatory Service Charge(Illegal Dumping)-Ordinance.Docx Page 1575 of 1743 127 of Single Family Residential Refuse Collection Service. The resident and/or property 128 owner should contact the Director of Public Works in order to inquire-as to the 129 proper disposal method for such materials. 130 131 (9)Mandatory Service Charge: 132 133 The mandatory service chan.?,e i's set forth to orev-ent the unlavffil disr)osal of ...........................................----------------------------------- 134 bull< trash/vegetation i,nateTial a,t-tl,i-e--ct-irb-s-ide--o-n--the-wrc- 135 136 Immediately upon observance of this condition, the Public Works Director shall 137 cause the pile to be removed and the mandatory service charge will be assessed, 138 139 The utilities account holder and/or property owner will be_responsible for the 140 payment of mandato v service chame, which will be auto 'cal 12a U mati 1v added to the 141 water b I I L 142 143 144 Section 4. Each and every other provision of Chapter 10, not herein specifically 145 amended shall remain in full force and effect as previously enacted. 146 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 147 same are hereby repealed. 148 Section 6. Should any section or provision of this ordinance or portion hereof, any 149 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 150 such decision shall not affect the remainder of this ordinance. 151 Section 7. Authority is hereby granted to codify said ordinance. 152 Section 8. This ordinance shall become effective immediately upon its passage 153 and adoption. 154 FIRST READING this day of 12019. 155 156 4 S:\CA\Ordinances\Solid Waste Mandatory Service Charge(Illegal Dumping)-Ordinance.Docx Page 1576 of 1743 157 SECOND, FINAL READING AND PASSAGE this day of 158 , 2019. 159 160 CITY OF BOYNTON BEACH, FLORIDA 161 162 YES NO 163 164 Mayor— Steven B. Grant 165 166 Vice Mayor—Justin Katz 167 168 Commissioner—Mack McCray 169 170 Commissioner—Christina L. Romelus 171 172 Commissioner—Ty Penserga 173 174 175 VOTE 176 177 ATTEST: 178 179 180 181 Crystal Gibson, MMC 182 City Clerk 183 184 185 1186 (Corporate Seal) 5 S:ACA\Ordinances\Solid Waste Mandatory Service Charge(Illegal Dumping)-Ordinance.Docx Page 1577 of 1743 EXHIBIT "A" Sec. 10-23. Definitions. Mandatory Service Charge means an automatic service charge, which will be assessed for any bulk trash/vegetation that is placed for pickup on the wrong day. Special pickup, and costs referenced herein, shall apply when residential solid waste, exclusive of construction debris, greater than six (6) cubic yards must be collected and disposed of separate from other provisions of this Article. Special pickups will be coordinated with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked up. Items to be picked up will not be deposited at the curbside more than twenty-four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional cost to the resident. An estimate of the cost of the special pickup should be obtained by contacting the office of the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the owner. . Sec. 10-24. Single family residential refuse collection. (a) The City will collect non-containerized residential refuse under the following conditions: (1) Garbage will be collected twice per week at curbside only from each single family residential unit in the City provided with roll-out garbage carts. The placement of household garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly prohibited. There will be an automatic mandatory service charge for loose household bulk trash not bagged or processed which will require cleanup after the pile has been serviced. All material intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet from any obstruction that may interfere with routine collection. Yard trash and combustible trash will not be collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash capable of being containerized should be placed in a standard garbage can, roll-out Page 1578 of 1743 garbage cart, plastic bag, or disposable container, only yard waste generated by residential property will be eligible for collection. Collection of yard trash should be piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Materials classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not be set out prior to the day proceeding the scheduled pickup. Placing of bulk trash/vegetation on vacant lots is strictly prohibited. Bulk trash/vegetation shall not exceed 3 (three) cubic yard and must be properly processed and placed away from obstacles such as cars, garbage carts, overhead wires, and low-hanging trees. (2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant shall no longer use the container for collection. (3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to pickup by the City. (4) No yard trash shall be placed on property owned or occupied by others without permission. (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using any street or sidewalk located within the City, except as provided herein. Protection of the containers placed for collection is the responsibility of the resident. (6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, office grade paper, and corrugated cardboard. Page 1579 of 1743 The bins shall be set out on the designated collection day. (7) Where the resident of a dwelling unit is physically unable to deliver residential solid waste to curbside the resident can complete an application for request for reasonable accommodation. The Public Works Director or his or her designee shall review the request and make a determination on the request for reasonable accommodation based upon a finding that the proposed accommodation is reasonable, and the applicant is an individual with a disability as defined in 42 U.S.C. § 12102 of the Americans with Disabilities Act. The applicant will be notified in writing of the decision on the request for reasonable accommodation. Regardless of any accommodation made pursuant to the facts described in this paragraph, vegetative waste must continue to be placed at curbside. (8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags, or any other types of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials. (9) Mandatory Service Charge: The mandatory service charge is set forth to prevent the unlawful disposal of bulk trash/vegetation material, at the curbside on the wrong service day. Immediately upon observance of this condition, the Public Works Director shall cause the pile to be removed and the mandatory service charge will be assessed. The utilities account holder and/or property owner will be responsible for the payment of mandatory service charge, which will be automatically added to the water bill. Page 1580 of 1743 12.B. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-041 - FIRST READING —Approving amendments to Part 11, Chapter 15. Offenses-Miscellaneous of the Code of Ordinances, and Chapter 1, Article 1. General Provisions and Chapter 3, Article 1. Overview of Part I I I of the Code of Ordinances (i.e. Land Development Regulations) declaring that when there is a conflict between measures of a Chronic Nuisance Corrective Action Plan and the Land Development Regulations, the measures of a Chronic Nuisance Corrective Action Plan shall prevail. EXPLANATION OF REQUEST: A Chronic Nuisance Corrective Action Plan is prepared by the City for a Nuisance Abatement Agreement, and agreed to by the property owner. The Chronic Nuisance Corrective Action Plan contains the measures required to be taken by the property owner to eliminate nuisance activity on the owner's property. A Chronic Nuisance Corrective Action Plan, for example, could involve landscape removal for visibility purposes, and/or the securing of the property with fencing to control access. Since conflicts between the Chronic Nuisance Corrective Action Plan measures and the Land Development Regulations may be unavoidable, the proposed amendments establish that measures in a Chronic Nuisance Corrective Action Plan shall prevail if in conflict with the regulations or procedures adopted within Part I I I of the Code of Ordinances. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Amendments will provide the limited flexibility which may be necessary in successfully implementing the City's Chronic Nuisance Property Code in Chapter 15 of the Code of Ordinances. FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1581 of 1743 ATTACHMENTS: Type Description D Ordinance Ordinance regarding Corrective Action Plan D Amendment Proposed amended te)d Page 1582 of 1743 1 2 ORDINANCE NO. 19- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART 11, CHAPTER 15. OFFENSES MISCELLANEOUS 6 OF THE CODE OF ORDINANCES, AND CHAPTER 1, ARTICLE I. 7 GENERAL PROVISIONS AND CHAPTER 3, ARTICLE L OVERVIEW 8 OF PART III OF THE CODE OF ORDINANCES (I.E. LAND 9 DEVELOPMENT REGULATIONS) DECLARING THAT WHEN 10 THERE IS A CONFLICT BETWEEN MEASURES OF A CHRONIC 11 NUISANCE CORRECTIVE ACTION PLAN AND THE LAND 12 DEVELOPMENT REGULATIONS, THE MEASURES OF A CHRONIC 13 NUISANCE CORRECTIVE ACTION PLAN SHALL PREVAIL; 14 PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, 15 AND AN EFFECTIVE DATE. 16 17 WHEREAS, a Chronic Nuisance Corrective Action Plan is prepared by the City for a 18 Nuisance Abatement Agreement, and agreed to by the property owner; and 19 20 WHEREAS, the Chronic Nuisance Corrective Action Plan contains the measures 21 required to be taken by the property owner to eliminate nuisance activity on the owner's 22 property; and 23 24 WHEREAS, a Chronic Nuisance Corrective Action Plan could involve landscape 25 removal for visibility purposes, and/or the securing of the property with fencing to control 26 access; and 27 28 WHEREAS, since conflicts between the Chronic Nuisance Corrective Action Plan 29 measures and the Land Development Regulations may be unavoidable, the proposed 30 amendments establish that measures in a Chronic Nuisance Corrective Action Plan shall prevail 31 if in conflict with the regulations or procedures adopted within Part III of the Code of 32 Ordinances. 33 34 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 35 CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 38 true and correct and are hereby made a part of this Ordinance. 39 40 SECTION 2. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 15, 41 "Offenses-Miscellaneous", Section 15-115 is hereby amended as follows: 42 43 Sec. 15-115. Declaration of chronic nuisance; Corrective Action Plan. 44 (a) If a pattern of nuisance activity exists upon real property, the City may declare the 45 property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 1 Page 1583 of 1743 46 be sent to the property owner by hand delivery or certified mail, return receipt requested, to 47 the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance 48 constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement 49 Agreement, may be prosecuted by the City before the City's Special Magistrate. 50 (b) Mailing to the property owner at the address listed on the ad valorem roll shall be 51 prima facie proof of delivery. Notice shall also be posted at the property where the nuisance 52 activities occurred. Removal of the posted Notice without written approval from the City is 53 prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following 54 information: 55 (1) A reference to chapter 15, article XIII(the "City of Boynton Beach Chronic Nuisance 56 Property Code"); 57 (2) The address and parcel control number of the property; 58 (3) The dates that the nuisance activities occurred at the property; 59 (4) A description of the nuisance activities; 60 (5) A proposed Nuisance Abatement Agreement which outlines the corrective action to 61 be taken by the property owner to remedy the nuisance activity; 62 (6) A statement that the property owner's failure to enter into the Nuisance Abatement 63 Agreement within fifteen (15) days of the Declaration of Chronic Nuisance will result in a 64 violation of this article and further prosecution and 65 (7) A statement that the costs of any chronic nuisance services provided by the City to a 66 property that has been declared to be a Chronic Nuisance may be levied against the property 67 as a non-ad valorem assessment superior to all other private rights, interests, liens, 68 encumbrances, titles and claims upon the property and equal in rank and dignity with a lien 69 for ad valorem taxes; and 70 (8) A statement that unpaid assessments may be certified to the tax collector for 71 collection pursuant to the uniform method provided in F.S. § 197.3632. 72 (9) A warning that the posted notice cannot be removed except with written permission 73 from the City. 74 (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 75 specific measures that the property owner must take to curtail or eliminate the reoccurrence of 76 nuisance activities at the property. The Nuisance Abatement Agreement shall contain a 77 timetable for corrective action. The Corrective Action Plan may include abatement measures 78 which must be taken by the property owner such as: 79 (1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 80 83 to remove from the property those individuals engaged in the nuisance activity; 81 (2) Implementation of"crime prevention through environmental design" (CPTED) 82 measures; CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 2 Page 1584 of 1743 83 (3) Frequency of site visits and inspections by the owner or owner's agents at various 84 times of both day and night; 85 (4) Hiring of property management; 86 (5) Hiring of private security; 87 (6) Installation of security cameras; 88 (7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee 89 conduct; 90 (8) Criminal background checks for prospective tenants and lease renewals; 91 (9) The operator must post"no trespassing" signs at the property and execute a"no 92 trespass affidavit" authorizing the police department to act as an agent of the property owner 93 to enforce trespass statutes on the property; 94 (10) The operator must make regular requests to the police and fire departments for 95 offense and incident reports relating to the property. Reports are available through the records 96 division; 97 (11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence 98 of nuisance activities on the property; 99 (12) Other action that the City determines is reasonably sufficient to curtail or eliminate 100 the re-occurrence of nuisance activities on the property. 101 (d) The Corrective Action Plan may require measures that conflict with the Land 102 Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict 103 with the LDR, the measures specified in the Plan shall control. Further, site plan review shall 104 not be required to implement the Corrective Action Plan. 105 (4e) The City may agree to modify the proposed or finalized Nuisance Abatement 106 Agreement when the property owner demonstrates that modification will improve nuisance 107 abatement action. 1108 (ef) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement 109 specifying the property address shall be recorded by the City in the official records of Palm 110 Beach County Florida. 1111 (€g) The City will periodically monitor the property to assure compliance for a period of 112 one (1)year following execution of the Agreement. If the property owner complies with the 113 Agreement, as determined by the City, the Declaration of Chronic Nuisance will be rescinded, 114 the City will issue and record a Notice of Compliance related to the Memorandum of 115 Agreement that was previously recorded, and no further action by the property owner shall be 116 required. The City may require the property owner to enter into a new Agreement if a 117 nuisance activity re-occurs. 1118 (gh) If the City determines during the monitoring period that the Corrective Action Plan is 119 not adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, 120 the City may require the property owner to revise the Corrective Action Plan. The CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 3 Page 1585 of 1743 121 determination as to whether or not the Corrective Action Plan is adequate is in the sole and 122 exclusive discretion of the City, based on the totality of the circumstances for the specific 123 property. 124 125 126 SECTION 3. Amendment of Land Development Regulations. Part III, "Land 127 Development Regulations", Chapter 1, Article 1 "General Provisions", Section 8 is hereby 128 amended as follows: 129 Sec. 8. Ordinances Not Affected by Regulation. 130 Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to 131 repeal or otherwise affect the validity of any of the following when not inconsistent with this 132 Regulation: 133 A. Any ordinance promising or guaranteeing the payment of money for the city, or 134 authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; 135 B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a 136 budget; 137 C. Any ordinance annexing territory to the city or excluding territory as a part of the city; 138 D. Any ordinance granting any franchise,permit or other right; 139 E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, 140 ease, deed or other instrument; 141 F. Any administrative ordinance not inconsistent with this Regulation; 142 G. Any ordinance dedicating, naming, establishing, locating, relocating, opening,paving, 143 widening,vacating or repairing any street or public way or lawfully established bulkheads or 144 bulkhead lines; 145 H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in 146 particular localities; 147 L Any ordinance prescribing the street grades of any street in the city; 148 J. Any ordinance providing for local improvements or making assessments therefore; 149 K. Any ordinance dedicating or accepting any plat or subdivision in the city; 150 L. Any ordinance zoning or rezoning specific property; 151 M. Any ordinance providing for the compensation of officers and employees; and 152 _ N. Any temporary or special ordinance. 153 O. Any ordinance establishing or amending the Chronic Nuisance Property Code including 154 requirements necessary to implement corrective actions, regardless of conflict. CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 4 Page 1586 of 1743 155 All such ordinances are hereby recognized as continuing in full force and effect to the same 156 extent as if set out at length herein. 157 SECTION 4. Amendment of Land Development Regulations. Part III, "Land 158 Development Regulations", Chapter 3, Article 1 "Overview", Section 5 is hereby amended as 159 follows: 160 161 Sec. 5. Relationship to Adopted Plans, Guidelines or Other Regulations. 162 When the adopted Comprehensive Plan for the city, adopted plans for the development or 163 redevelopment of particular areas of the city or adopted design guidelines include policies 164 which impose limitations or requirements on the use or development of property generally or 165 for specific properties, which are more restrictive than those set forth in these zoning 166 regulations, including district regulations and use provisions, including policies which limit 167 the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or 168 design of structures, or site design, the more restrictive limitations or requirements set forth in 169 such adopted guidelines or plans shall supersede the provisions of these zoning regulations. 170 When other use or development regulations are more restrictive than those set forth in these 171 zoning regulations, or in the case of conflict between specific provisions contained in these 172 zoning regulations, including regulations which limit the type or intensity of use of property, 173 residential densities, the height, setbacks, bulk, or that regulate site design, the more 174 restrictive regulations shall apply. Further, when the regulations within this Chanter are in 175 conflict with any corrective measures necessary in resolving chronic nuisance cases pursuant 176 to Chapter 15 of Part II. Code of Ordinances, the corrective measures shall control. 177 In interpretation and application of these Regulations, the provisions herein shall be held to 178 be the minimum requirements for the promotion of the public health, safety, morals and 179 general welfare of the community. It is not the intent of these Regulations to interfere with, 180 abrogate, or annul any easements, covenants, or other agreements between parties. However, 181 in instances when these Regulations imposes a greater restriction upon the use of buildings or 182 premises or upon the height of buildings, or requires larger open spaces than are imposed or 183 required by other ordinances, rules, regulations or by easements, covenants or agreements, the 184 provisions of these Regulations shall control; furthermore, these Regulations shall not be 185 construed to supersede any special act of the legislature relative to the subject matter of these 186 Regulations. If, because of error or omission in the zoning map, any property in the city is not 187 shown as being in a zoning district, the classification of such property shall be R-1-A single- 188 family, unless changed by amendment to these Regulations. 189 190 191 SECTION 5. Codification and Reservation of Rights. This Ordinance shall be incorporated 192 into the Boynton Beach City Code. Any section, paragraph number, letter and/or any heading 193 may be changed or modified as necessary to effectuate the foregoing. Grammatical, 194 typographical and similar or like errors may be corrected, and additions, alterations, and 195 omissions not affecting the construction or meaning of this ordinance and the City Code may 196 be freely made. Adoption and codification of this ordinance does not waive the city's right to 197 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 5 Page 1587 of 1743 198 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 199 challenge the Act. 200 201 SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, word or 202 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 203 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 204 shall be deemed a separate,distinct and independent provision, and such holding shall not affect 205 the validity of the remaining portions of this ordinance. 206 207 SECTION 7. Conflicts. In the event of a conflict or conflicts between this Ordinance and 208 any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as 209 allowable under the law. 210 211 SECTION 8. Effective date. This Ordinance shall become effective immediately upon 212 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 213 existing and future applications for permits. 214 215 FIRST READING this day of 2019. 216 217 SECOND, FINAL READING AND PASSAGE this day of 218 2019. 219 220 CITY OF BOYNTON BEACH, FLORIDA 221 222 YES NO 223 224 Mayor— Steven B. Grant 225 226 Vice Mayor—Justin Katz 227 228 Commissioner—Mack McCray 229 230 Commissioner—Christina L. Romelus 231 232 Commissioner—Ty Penserga 233 234 235 VOTE 236 ATTEST: 237 238 239 240 Crystal Gibson, MMC 241 City Clerk 242 243 (Corporate Seal) CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 6 Page 1588 of 1743 CODING: Words in�*ri-.�=type are deletions from existing law; Words in underlined type are additions. 7 Page 1589 of 1743 Part II CODE OF ORDINANCES CHAPTER 15. OFFENSES-MISCELLANE ARTICLE VIII. CHRONIC NUISANCE Sec. 15-115. Declaration of chronic nuisance; Corrective Action Plan. (a) If a pattern of nuisance activity exists upon real property, the City may declare the property to be a chronic nuisance property. The City's Declaration of Chronic Nuisance shall be sent to the property owner by hand delivery or certified mail, return receipt requested, to the address listed on the ad valorem tax roll. The City's Declaration of Chronic Nuisance constitutes a Notice of Violation which, if unaddressed in an executed Nuisance Abatement Agreement, may be prosecuted by the City before the City's Special Magistrate. (b) Mailing to the property owner at the address listed on the ad valorem roll shall be prima facie proof of delivery. Notice shall also be posted at the property where the nuisance activities occurred. Removal of the posted Notice without written approval from the City is prohibited. The Declaration of Chronic Nuisance shall be sent with at least the following information: (1) A reference to chapter 15, article XIII(the "City of Boynton Beach Chronic Nuisance Property Code"); (2) The address and parcel control number of the property; (3) The dates that the nuisance activities occurred at the property; (4) A description of the nuisance activities; (5) A proposed Nuisance Abatement Agreement which outlines the corrective action to be taken by the property owner to remedy the nuisance activity; (6) A statement that the property owner's failure to enter into the Nuisance Abatement Agreement within fifteen (15) days of the Declaration of Chronic Nuisance will result in a violation of this article and further prosecution and (7) A statement that the costs of any chronic nuisance services provided by the City to a property that has been declared to be a Chronic Nuisance may be levied against the property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes; and (8) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. § 197.3632. (9) A warning that the posted notice cannot be removed except with written permission from the City. (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with specific measures that the property owner must take to curtail or eliminate the reoccurrence of nuisance activities at the property. The Nuisance Abatement Agreement shall contain a timetable for Page 1590 of 1743 corrective action. The Corrective Action Plan may include abatement measures which must be taken by the property owner such as: (1) Commencement of an eviction action by the property owner pursuant to F.S. Chapter 83 to remove from the property those individuals engaged in the nuisance activity; (2) Implementation of"crime prevention through environmental design" (CPTED) measures; (3) Frequency of site visits and inspections by the owner or owner's agents at various times of both day and night; (4) Hiring of property management; (5) Hiring of private security; (6) Installation of security cameras; (7) Use of a written lease agreement which delineates prohibited tenant or tenant invitee conduct; (8) Criminal background checks for prospective tenants and lease renewals; (9) The operator must post "no trespassing" signs at the property and execute a "no trespass affidavit" authorizing the police department to act as an agent of the property owner to enforce trespass statutes on the property; (10) The operator must make regular requests to the police and fire departments for offense and incident reports relating to the property. Reports are available through the records division; (11) Written documentation of any and all efforts to curtail or eliminate the reoccurrence of nuisance activities on the property; (12) Other action that the City determines is reasonably sufficient to curtail or eliminate the re-occurrence of nuisance activities on the property. (d) The Corrective Action Plan may require measures that conflict with the Land Development Regulations (LDR), Chapters 1 through 4. Where measures of the Plan conflict with the LDR, the measures specified in the Plan shall control. Further, site plan review shall not be required to implement the Corrective Action Plan. (e) The City may agree to modify the proposed or finalized Nuisance Abatement Agreement when the property owner demonstrates that modification will improve nuisance abatement action. (f) When a Nuisance Abatement Agreement is entered into, a memorandum of agreement specifying the property address shall be recorded by the City in the official records of Palm Beach County Florida. (g) The City will periodically monitor the property to assure compliance for a period of one (1) year following execution of the Agreement. If the property owner complies with the Agreement, as determined by the City, the Declaration of Chronic Nuisance will be rescinded, the City will issue and record a Notice of Compliance related to the Memorandum of Agreement Page 1591 of 1743 that was previously recorded, and no further action by the property owner shall be required. The City may require the property owner to enter into a new Agreement if a nuisance activity re- occurs. (h) If the City determines during the monitoring period that the Corrective Action Plan is not adequate to curtail or eliminate the re-occurrence of nuisance activities on the property, the City may require the property owner to revise the Corrective Action Plan. The determination as to whether or not the Corrective Action Plan is adequate is in the sole and exclusive discretion of the City, based on the totality of the circumstances for the specific property. PART III LAND DEVELOPMENT REGULATIONS CHAPTER 1 . GENERAL ADMINISTRATION ARTICLE I. GENERAL PROVISIONS Sec. 8. Ordinances Not Affected by Regulation. Nothing in this Regulation or the ordinance adopting this Regulation shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Regulation: A. Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness; B. Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget; C. Any ordinance annexing territory to the city or excluding territory as a part of the city; D. Any ordinance granting any franchise, permit or other right; E. Any ordinance approving, authorizing, or otherwise relating to any contract, agreement, ease, deed or other instrument; F. Any administrative ordinance not inconsistent with this Regulation; G. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way or lawfully established bulkheads or bulkhead lines; H. Any ordinance regulating, restricting or prohibiting traffic on particular streets or in particular localities; I. Any ordinance prescribing the street grades of any street in the city; J. Any ordinance providing for local improvements or making assessments therefore; K. Any ordinance dedicating or accepting any plat or subdivision in the city; L. Any ordinance zoning or rezoning specific property; M. Any ordinance providing for the compensation of officers and employees; and Page 1592 of 1743 N. Any temporary or special ordinance. O. Any ordinance establishing or amending the Chronic Nuisance Property Code including requirements necessary to implement corrective actions, regardless of conflict. All such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein. PART III LAND DEVELOPMENT REGULATIONS ZONINGCHAPTER 3. ARTICLE I. OVERVIEW Sec. 5. Relationship to Adopted Plans, Guidelines or Other Regulations. When the adopted Comprehensive Plan for the city, adopted plans for the development or redevelopment of particular areas of the city or adopted design guidelines include policies which impose limitations or requirements on the use or development of property generally or for specific properties, which are more restrictive than those set forth in these zoning regulations, including district regulations and use provisions, including policies which limit the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or design of structures, or site design, the more restrictive limitations or requirements set forth in such adopted guidelines or plans shall supersede the provisions of these zoning regulations. When other use or development regulations are more restrictive than those set forth in these zoning regulations, or in the case of conflict between specific provisions contained in these zoning regulations, including regulations which limit the type or intensity of use of property, residential densities, the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall apply. Further, when the regulations within this Chapter are in conflict with any corrective measures necessary in resolving chronic nuisance cases pursuant to Chapter 15 of Part 11. Code of Ordinances, the corrective measures shall control. In interpretation and application of these Regulations, the provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not the intent of these Regulations to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, in instances when these Regulations imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of these Regulations shall control; furthermore, these Regulations shall not be construed to supersede any special act of the legislature relative to the subject matter of these Regulations. If, because of error or omission in the zoning map, any property in the city is not shown as being in a zoning district, the classification of such property shall be R-1-A single-family, unless changed by amendment to these Regulations. Page 1593 of 1743 12.C. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 19-042 - FIRST READING -Approving the partial abandonment of three (3) separate platted utility easements within the Cortina PUD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, in Boynton Village and Town Center. Applicant: Henry Pino, ALTA Boynton LLC. EXPLANATION OF REQUEST: Jeff Hodapp of Perimeter Surveying & Mapping, on behalf of Henry Pino of ALTA Boynton LLC, is requesting abandonment of a portion of three (3)separate platted utility easements within the Cortina PUD plat, as they contain no utilities, and adversely impact the development of the site. Utility Easement"A" is located near the NE corner of the site and the abandonment request is for the west 14 feet of the 12 foot wide sanitary easement(as depicted on Exhibit"B") and further described in Exhibit"C". Utility Easement"B" is located near the SW corner of the site, on the north side of Audace Avenue, and the abandonment request is for the east 7.62 feet of the 12 foot wide water easement(as depicted on Exhibit"B") and further described in Exhibit"D". Utility Easement"C" is located near the SE corner of the site, on the south side of Audace Avenue, and the abandonment request is for the entire 10.68 foot by 12 foot wide water easement(as depicted on Exhibit"B") and further described in Exhibit"E". As these easements are under the jurisdiction of the City's Utility Department, Utility staff has reviewed the requests and recommends their abandonment. The other public utility companies were also contacted, and responded with "no objections". HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1594 of 1743 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of three Utility easements D Exhibit Exhibit A® Location Map D Drawings Exhibit B - Overall Utility Easement Map D Exhibit Exhibit C ® Utility EasementA D Exhibit Exhibit D ® Utility Easement B D Exhibit Exhibit E ® Utility Easement C Page 1595 of 1743 1 ORDINANCE NO. 19- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE PARTIAL ABANDONMENT OF 5 THREE (3) SEPARATE PLATTED UTILITY EASEMENTS 6 WITHIN THE CORTINA PUD PLAT, AS PART OF THE ALTA 7 CORTINA PROJECT DEVELOPMENT, LOCATED AT 1100 8 AUDACE AVENUE, IN BOYNTON VILLAGE AND TOWN 9 CENTER; AUTHORIZING THE CITY MANAGER TO 10 EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED 11 WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF 12 PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS,ALTA Boynton LLC, is requesting abandonment of a portion of three 16 (3) separate platted utility easements within the Cortina PUD plat as depicted in Exhibits 17 "A" and "B" attached hereto; and 18 19 WHEREAS, the three (3) utility easements located within the Cortina PUD plat 20 contain no utilities, and adversely impact the development of the site; and 21 22 WHEREAS, comments have been solicited from the appropriate City 23 Departments, and public hearings have been held before the City Commission on the 24 proposed abandonment; and 25 26 WHEREAS,staff finds that the subject partial abandonments serve a greater public 27 purpose, and therefore recommends approval of the applicant's request. 28 29 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of three (3) separate platted utility easements within the Cortina 37 PUD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, 38 in Boynton Village and Town Center. The property being abandoned is more particularly 39 described as follows: 40 41 Utility Easement A: See Attached Exhibit"C" 42 43 Utility Easement B: See Attached Exhibit"D" 44 45 Utility Easement C: See Attached Exhibit"E" 46 47 48 49 {00338008.1 306-90018211 S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(ALTA)(00338008xC4B6A).DOCX Page 1596 of 1743 50 Section 3. The City Manager is hereby authorized and directed to execute the 51 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 52 Records of Palm Beach County, Florida. 53 54 Section 4. This Ordinance shall take effect immediately upon passage. 55 56 57 FIRST READING this day of , 2019. 58 59 60 SECOND, FINAL READING AND PASSAGE THIS day of 2019. 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA 65 66 YES NO 67 68 Mayor— Steven B. Grant 69 70 Vice Mayor—Justin Katz 71 72 Commissioner—Mack McCray 73 74 Commissioner—Christina L. Romelus 75 76 Commissioner—Ty Penserga 77 78 VOTE 79 80 ATTEST: 81 82 83 84 Crystal Gibson, MMC 85 City Clerk 86 87 88 (Corporate Seal) {00338008.1 306-90018211 S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(ALTA)(00338008xC4B6A).DOCX Page 1597 of 1743 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of three (3) separate platted utility easements within the Cortina PUD plat, as part of the Alta Cortina project development, located at 1100 Audace Avenue, in Boynton Village and Town Center. The property being abandoned is more particularly described as follows: Utility Easement A: See Attached Exhibit"C" Utility Easement B: See Attached Exhibit"D" Utility Easement C: See Attached Exhibit"E" IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2019. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME,the undersigned authority,personally appeared Lori LaVerriere, City Manager of the City of Boynton Beach,Florida,known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2019. NOTARY PUBLIC, State of Florida My Commission Expires: {00338008.1 306-90018211 S:\CA\Ordinances\Abandonments\Abandonment of Utility Easement(ALTA)(00338008xC4B6A).DOCX Page 1598 of 1743 EXHIBIT A LOCATION MAP t �1 a y , � r z t � 'O � � 1 N <e 'A A yQ i r 1 Igta , q� N ,x S 0 65 130 260 390 520 Feet Page 1599 of 1743 V EXHIBIT B 947 or Clint Moe Road [Boca Raton,Florida 33487 SURVEYING & MAPPING Tel:(561)241-9988 Certificate of Authorization No,LB7264 Fax:(561)241-5182 EXHIBIT FOR EASEMENT ABANDONMENT CORTINA PUD REPLAT TWO BOYNTON CANAL CANAL C-16 ---------- > Fm ftRTION OF UTILITY 1Z " SEAMENT (SANITARY) TO BE ABANDONED III 1 I lu, (ORB 22093,PG 14071 Z (ORB 21992.PG 127; TRACT A-2 CORTINA PUD REPLAT TWO III11 II 11 (P.B. 121, PGS. 80-90) 1111 11 11 I � 1111 `` 1`,11 11 (8) PORTION OF UTILITY ) p R /0 ASEAUTIENT'(WATER) 0 N T To B 0 BE ABANDONED ((p /q/ p PB 121.PG-S 80-90) A U At DACE A VENUE EAS QUTILITY ' EiNT (WATER), TO BE ABANDONED (PB 121,PGS 80-90) X TRACT A-1 CORTINA PUD REPLAT TWO (P.B. 121, PGS. 80-90) II I F oe no. 04173 00 ;'Nwwwm: TA Page 1600 of 1743 Exl4t8ir tic: IN 947 Clint Moore Road Tel:(661)241-9988 Boca Raton,Clint 33487 SURVEYING & MAPPING F, Certificate ofAuthorization No.LB7264 Fax:(561)241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) TRACT B-1 25- LANDSCAPE BUFFER EASEMENT i i (P.B, 106, PGS. 144-151) P.O.C. NE COR TRACT A-2 j j i CORTINA PUD REPLAT TWO (P.B. 121, PGS. 80-90) U01 —————---———_...ml_ 0 10' FPL EASEMENT' (ORB 21587, PC 13710 51.0811tw S840 4 9 20,4 0 49' ► __. rJ i P.O.B. N 8 8 "E 4 51'0 ErsEMENT 14.00' ----- -. TY UTILV 1407) 1 '22093, P(3, (ORB PG. 127) N05® 08'52"W1 1 (ORB 21992 0 12-00' 0 5V S84- OB-� I I I 14.00` ;Ln '1 1-1— ► 0 rn con FTi I \ 1 ZZ TRACT A-2 �0, 1 —0 (n CO TI PUD REPLAT Two 0 03 0 U) �6 I I= > (P.B. 121, PGS. 80-90) N? i rn — Z r 0 m 5' L.A,E. T- > (P.B, 121, PGS. 80-90) 10' R.U.E. (P.B. 106, PGS. 144-151) 1 I 1 SCALE. 0. DATE* 10/30/20JB SHEET 2 OF 2 Page 1601 of 1743 10 *01"Er 947 Clint Moore Road SURVEYING & MAPPING Tel:(561)241-9988 Boca Raton,Florida 93487 Certificate of Authorization No.LB7264 Fax:(561)241-5182 SKETCH AND LEGAL DESCRIPTION 1 CORTINANOT A SURVEY) ALTA - RELEASE OF PORTION OF UTILITY (A) LEGAL DESCRIPTION A PORTION OF A UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 21992 AT PAGE 127 AND OFFICIAL RECORDS BOOK 22093 AT PAGE 1407 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FALLING IN TRACT A-2 OF "CORTINA PUD REPLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 121 AT PAGES 80 THROUGH 90 OF SAID PUBLIC RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT A-2; THENCE SOUTH 02015'02" EAST, ALONG THE EAST LINE OF SAID TRACT A-2, A DISTANCE OF 64.24 FEET; THENCE SOUTH 840 51'08" WEST, ALONG THE NORTH LINE OF SAID UTILITY EASEMENT, A DISTANCE OF 20.49 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 050 08'52'° EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 840 51'08" WEST, A DISTANCE OF 14.00 FEET; THENCE NORTH 05"08'52'° WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 840 51'08" EAST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID ABBREVIATIONS WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED L - ARCLENGTH CORN SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. n®R° M DELLTAR(CENTRAL ANGLE) 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADED.E. - DRAINAGE EASEMENT IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. L.B. LICENSED BUSINESS 3. BEARINGS SHOWN HEREON ARE BASED ON THE L.S. LICENSED SURVEYOR RECORD PLAT. MON, MONUMENT O.R.B. - OFFICIAL RECORDS BOOK P.O.B. - POINT OF BEGINNING P.O.C. a POINT OF COMMENCEMENT P.B. - PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. - PAGE P.S.M. - PROFESSIONAL SURVEYOR B MAPPER R/W RIGHT-OF-WAY CERTIFICATIONU.E. UTILITY EASEMENT (HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRU AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF S P AR 1�UNDER MY DIRECTION, FF QDAPP -------------- SU EYOR AND MAPPER FL RIDA LICENSE NO. LS5111 Pro)eat N_. CORTINA DATES 10/30/2018 JOB NO. 04173ALTA owG By, JSH CK'D By. AR SHEET 1 OF 2 Page 1602 of 1743' Exmlslr ft, 947 Clint Moore Road SURVEYING & MAPPING Tel:(561)241-9989 Boca Raton,Florida 33487 Certificate of Authorization No.LB7264 Fax:(561)241-5182 BOREN= SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) TRACT A-2 I CORTINA PUD REPLAT TWO I (P.B. 121, PGS. 80-90) ca P.O.C. SW COR TRACT A-2 Z CORTINA PUD REPLAT TWO �-u 0 (P.P. 121, PGS. 80-90) Z N880 39'45"E S010 20'1511E 0 C .62' 12.00' N010 20'15"W 12.00' 12'X12` > UTILITY EASEMENT C 0 �,6 rNO 2( 1 1 C 2 �nmcn Z (P,B. 121, PGS. 80-90) ---i m Cn �� E CTI> N880 39'45"E 5886 3 9'4 5'-'W 31.84' 7.62' P.O.B U4 Ln AUDACE AVENUE TRACT R-2 (P,B. 121, PGS. 80-90) UTILITY EASEMENT L4 ORB 22093, PG. 1407) (ORB 21992, PG. 127) 0 ar U] �D 01 > m TRACT A-1 CORTINA PUD REPLAT TWO C11j--I (P.B. 121, PGS, 80-90) SCALE, "-30' DATE, 10/30/2018 SHEET 2 OF 2 Page 1603 of 174.3 947 Clint Moore Road SURVEYING & MAPPING Tel:(561)241-9988 Boca Ratan,Florida 33487 Certificate of Authorization No.LB7264 Fax (561)241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) ALTA CORTINA - RELEASE OF PORTION OF UTILITY EASEMENT (B) LEGAL DESCRIPTION A PORTION OF A UTILITY EASEMENT SHOWN IN TRACT A-2 OF "CORTINA PUD REPLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 121 AT PAGES 80 THROUGH 90 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT A-2; THENCE NORTH 880 39`45" EAST, ALONG THE SOUTH LINE OF SAID TRACT A-2, A DISTANCE OF 31.84 FEET TO THE POINT OF BEGINNING; THENCE NORTH 010 2015" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 880 39'45" EAST, A DISTANCE OF 7.62 FEET; THENCE SOUTH 01° 2015" EAST, ALONG THE EAST LINE OF SAID EASEMENT, A DISTANCE OF 12.00 FEET; THENCE SOUTH 88° 39'45" WEST, A DISTANCE OF 7.62 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID ABBREVIATIONS WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED L = ARCLENGTH SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ®OR' CO CR ANGLE) . NO SEARCH OF THE PUBLIC RECORDS WAS MADE D.E. = DRAINAGE EASEMENT IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. L.B. LICENSED BUSINESS 3. BEARINGS SHOWN HEREON ARE BASED ON THE L.S. LICENSED SURVEYOR RECORD PLAT. MON, _ MONUMENT O.R.B. OFFICIAL RECORDS BOOK P.O.B. e POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. = PAGE P.S.M. PROFESSIONAL. SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY CERTIFICATION U.E. UTILITY EASEMENT I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027® FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF r PREP UNDER MY DIRECTION. JEFF DAPP --------- SU YOR AND MAPPER FL RIDA LICENSE NO. LS5111 LJOB ect Nam, CORTINA DATE r 10/30/2018 M 04173ALTA DWG M JSH Cw'D Sy' AR SHEET IOF 2 Page 1604 of 1743 F947 Clint Moor, Road SURVEYING & MAPPING Tel:(561)241-9988 Boca Raton,Florida 33487 Certificate of Authorization No.L87264 Fax:(561)241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) 0 0 0 AUDACE AVENUE TRACT R-2 (P.B, 121, PGS- 80-90) N010 20'15"W P.0.B. 10.68' N880 39'45"E 12.00' N88- 39'45"E 'I I 0 " ' ' 397.54' I 501 20 15 E L310.68 S88039'45"W 12.00' UTILITY EASEMENT. P.O.C. (P,B. 121, PGS. 80-90) NW COR TRACT A-1 CORTINA PUD REPLAT TWO (P.B. 121, PGS. 80-90) TRACT A-1 CORTINA PUD REPLAT TWO (P.B. 121, S. 80-90) J08 140. 041734tTrroteat C IN oxc exY JSH ----jSCALE,-- 1"-30' -1 CK°D Bw AF-TW�77 w3olm SHEET 2 OF 2 Page 1605 of 1140 947 Clint Moore Road SURVEYING & MAPPING Tel:(561)241-8988 Boca Raton,Florida 33487 Certificate of Authorization No.LB7264 Fax:(561)241-5182 wommemSKETCH AND LEGAL DESCRIPTION 1 NOT A SURVEY) ALTA CORTINA UTILITY (C) LEGAL DESCRIPTION . A UTILITY EASEMENT SHOWN IN TRACT A-1 OF "CORTINA PUD REPLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 121 AT PAGES 80 THROUGH 90 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT A-1; THENCE NORTH 880 39'45'° EAST, ALONG THE NORTH LINE OF SAID TRACT A-1, A DISTANCE OF 397.54 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 880 39'45" EAST, A DISTANCE OF 12.00 FEET; THENCE SOUTH 01° 2015" EAST, A DISTANCE OF 10.68 FEET; THENCE SOUTH 880 39'45" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 010 2015" WEST, A DISTANCE OF 10.68 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. e NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID ABBREVIATIONS WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED L ARCLENGTH SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. o®R` o DELLTAR(CENTRAL ANGLE) 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE D.E. DRAINAGE EASEMENT IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. L.B. LICENSED BUSINESS 3. BEARINGS SHOWN HEREON ARE BASED ON THE L.S. LICENSED SURVEYOR RECORD PLAT. MON. • MONUMENT O.R.B. • OFFICIAL RECORDS BOOK P.O.B. • POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT P•B. PLAT BOOK P.B.C.R. • PALM BEACH COUNTY RECORDS PG. • PACE P.S.M. PROFESSIONAL SURVEYOR B MAPPER R/W RIGHT-OF-WAY CERTIFICATION U.E. • UTILITY EASEMENT IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS REPAR UNDER MY DIRECTION, JEFF S P ---------- JEFF R AND MAPPER FLOR A LICENSE NO. LS5111 Project No", CORTINA DATE. 10/30/2018 JOB No. 04173ALTA DWG BY, JSH CK'D By, AR SHEET I OF 2 Page 1606 of 1743 12.D. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE 19-037 - SECOND READING - Approval of an Ordinance of the city commission of the city of Boynton amending chapter 18, pensions and retirement, of the code of ordinances to create a new article xi, "deferred retirement option plan" providing for uniform deferred retirement option plan benefits for all city employees; amending conflicting provision of drop benefits contained in the general employee, fire and police pension plans; providing for delayed implementation to accommodate collective bargaining or waiver of bargaining. (Tabled) EXPLANATION OF REQUEST: Create one DROP Ordinance for all employee groups. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Maintain DROP program with more sustainable interest payments. FISCAL IMPACT: Pension plan will not have to fund a guarantee of 7% interest on DROP funds for affected employees/retirees. ALTERNATIVES: Maintain status quo. Modify terms and present for bargaining. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1607 of 1743 ATTACHMENTS: Type Description Ordinance appro\4ng consolidation of DROP D Ordinance Plans-Amended for 2nd Reading D Letter No Actuarial Impact Ltr-Firefighters 10-25-19 D Letter No Actuarial Impact Ltr-General Employees 10- 25-19 D Letter No Actuarial Impact Ltr-Police Officers 10-25-19 Page 1608 of 1743 I ORDINANCE NO. 19- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON AMENDING CHAPTER 18, 4 PENSIONS AND RETIREMENT, OF THE CODE OF 5 ORDINANCES TO CREATE A NEW ARTICLE XI, 6 "DEFERRED RETIREMENT OPTION PLAN"PROVIDING 7 FOR UNIFORM DEFERRED RETIREMENT OPTION 8 PLAN BENEFITS FOR ALL CITY EMPLOYEES; 9 AMENDING CONFLICTING PROVISION OF DROP 10 BENEFITS CONTAINED IN THE GENERAL EMPLOYEE, 11 FIRE AND POLICE PENSION PLANS; PROVIDING FOR 12 DELAYED IMPLEMENTATION TO ACCOMMODATE 13 COLLECTIVE BARGAINING OR WAIVER OF 14 BARGAINING; PROVIDING FOR CODIFICATION AND 15 AN EFFECTIVE DATE. 16 WHEREAS, it is the intent of the City Commission to reform City employee retirement 17 benefits to achieve, to the extent allowed by law, a sustainable uniform level of retirement 18 benefits for current and future City employees; and 19 WHEREAS, employees of the City and their respective unions have promoted a 20 deferred retirement option plan as a cost neutral retirement benefit which allows an employee 21 to accumulate a substantial retirement nest egg, payable at time of separation from service, by 22 providing an investment tool that has the potential to earn interest at a rate well in excess of 23 traditional savings and money market rates of return; and 24 WHEREAS, there currently exist deferred retirement drop plans with different 25 provision for general employees, bre/rescue employees, and police employees; and 26 WHEREAS, the City Commission desires to create a uniform deferred retirement 27 option plan for all City employees without regard to the nature of their job position so as to 28 demonstrate the City Commission's commitment to equal retirement security of all City 29 employees. 30 NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH HEREBY ENACTS THE CITY'S CONSOLIDATED DEFERRED 32 RETIREMENT OPTION PLAN AS FOLLOWS: 33 Section 1 A new section 18-300 of Article XI of Chapter 18 of the Code of 34 Ordinances is created as follows. Page 1609 of 1743 35 Article XI DEFERRED RETIREMENT OPTION PLAN. 36 Section 18-300 Creation of Consolidated Deferred Retirement Option Plan 37 A. A City employee deferred retirement option plan "DROP") is hereby created, 38 amending, implementation, all conflicting provisions in existing DROP plans for 39 general employees, police officer employees, and fire/rescue employees. 40 B. Employees who reach eligibility for normal service retirement in the employee's 41 retirement plan may elect to enter DROP. 42 C. An Employee may elect to participate in the Deferred Retirement Option Plan 43 ("DROP") provided they make the election no later than 30 days after reaching their 44 normal retirement date. Notwithstanding the foregoing, upon enactment of this 45 Ordinance employees who have reached normal retirement date and did not enter DROP 46 may make their initial election to participate in the DROP no later than ninety (90)days 47 after the implementation date of this ordinance. 48 D. An election to participate in the DROP plan is irrevocable. 49 E. Employees may elect to participate by submitting an election to enter DROP to the 50 City's Human Resource Department "Department") on a form available from the 51 Department for that purpose. On receipt of the election to enter DROP the Department 52 will notify the administrator of the pension plan in which the employee participates. 53 F. Participation in the DROP must be exercised within the first 30 years of combined 54 credited service (25 for law enforcement officers 55 G. An employee shall not participate in the DROP for more than five years. 56 H. Upon an employee's election to participate in the DROP, the employee shall cease to 57 be an employee of the retirement plan and is precluded from accruing any additional 58 benefit under the Pension Fund. For all fund purposes,the employee becomes a retirees. 59 The amount of credited service and final average salary freeze as of the date of entry 60 into the DROP. 61 L Accumulated, unused sick (over 120 hours) and vacation leave (over 120 hours) shall 62 be deemed cashed out and included in the compensation calculation,provided however, 63 that a minimum balance of 120 hours of sick leave and 120 hours of vacation leave shall 1 The term retiree and employee herein are synonymous for employees who elect to enter DROP. Page 1610 of 1743 64 be maintained by the employee and excluded from this calculation. The retained leave 65 balance, including any additions, shall be paid to the employee at the conclusion of 66 DROP participation and separation from service. 67 68 J. DROP plan account shall be established for each employee who elects to participate. 69 These are not actual accounts but nominal accounts and balances are kept as a 70 bookkeeping process. 71 72 K. Payment shall be made into the employee's DROP account as if the employee had 73 retired from the employ of the city.Payments into the DROP will be made monthly over 74 the period the employee participates in the DROP, up to a maximum of 60 months or, 75 pursuant to 401(A)(9) of the Internal Revenue Code payments age 70.5, whichever 76 occurs first. 77 L. An employee's participation in the DROP shall terminate at the end of five years and 78 the employee shall separate from City employment. Upon entering into the DROP, an 79 employee shall file with the Board a binding non-revocable letter of resignation from 80 city employment. The binding letter of resignation shall establish a deferred termination 81 date in accordance with the limitations of this DROP which may be amended if an 82 employee wished to separate from employment earlier than the deferred termination 83 date. 84 M. All interest shall be credited to the employee's DROP account less any outstanding loan 85 balances on a quarterly basis with quarterly statements provided. In the event that a 86 employee dies while in the DROP, interest shall be pro-rated to the last business day of 87 the month preceding the death of the employee. 88 N. During _the period of the employee's participation in the DROP plan, the employee's period of the employee's participation in the DROP plan, the employee's 89 normal retirement benefit shall be accounted for and paid into the employee's DROP 90 plan account. 91 O. The employee's DROP plan account shall be invested with the retirement plan assets 92 and credited with interest equal to the overall net(earning less costs) investment rate of 93 return on the retirement plan assets during _the period of the employee's period of the employee's participation in Page 1611 of 1743 94 the DROP plan. Notwithstanding Fund performance, the crediting rate will be no less 95 than 0% and no more than 8%. 96 P. At the conclusion of the retiree's participation in the DROP plan, and as a condition of 97 participating in such plan, the retiree will continue retirement and terminate City 98 employment. The retiree will thereafter receive a normal monthly retirement benefit at 99 the same rate as previously calculated upon entry into the DROP but the monthly 100 amount will be paid to the retiree and no longer accounted for in the DROP plan account. 101 If the employee does not terminate participation in the DROP plan at the end of the sixty 102 (60) month maximum participation period, no earnings will be credited on the DROP 103 balance and no further DROP deposits will be made. 104 Q. No amount can be paid from the retirement plan until the DROP employee terminates 105 employment. 106 R. Upon termination, the retiree's DROP plan account will thereafter be distributed to the 107 retiree in a cash lump sum, which can be rolled over or paid in cash unless the retiree 108 elects an alternative distribution (a/k/a rollover). Direct rollover may be accomplished 109 by any reasonable means determined by the Pension Board. 110 S. If a retiree dies before distribution of the retiree's DROP plan account commences, the 111 account balance shall be distributed paid to the retiree's designated beneficiary in a lump 112 sum, which can be rolled over or paid in cash at the beneficiary's discretion. 113 T. Distribution of an employee's DROP plan account shall begin as soon as 114 administratively practicable following the employee's termination of employment. The 115 employee must elect the distribution within but in no event later that 45 days following 116 the employee's termination date. If the employee does not timely request the 117 withdrawal of the asset in the DROP plan, no further earnings will be credited on the 118 DROP balance. 119 U. Any form of payment selected by the employee must comply with the minimum 120 distribution requirements of the IRC 401(A)(9) e.g., payments must commence by age 121 701/2. 122 Section 2 Following implementation as hereinafter described, all existing City 123 deferred retirement option plans, to the extent they conflict with the uniform terms of DROP Page 1612 of 1743 124 established herein are deemed amended conform with this Ordinance. Non-conflicting 125 provision of existing DROP provisions will survive adoption of this Ordinance. 126 Section 3. It is the intention of the City Commission of the City of Boynton Beach 127 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances 128 of the City of Boynton Beach, Florida, and that the Sections of this Ordinance may be 129 renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article", or 130 such other word or phrase in order to accomplish such intention. 131 Section 4. If any clause, section, or other part or application of this Ordinance shall 132 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 133 unconstitutional or invalid part or application shall be considered as eliminated and so not 134 affecting the remaining portions or applications remaining in full force and effect. 135 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 136 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such 137 conflict. 138 Section 6. Copies of this Ordinance and the actuarial impact statement regarding 139 the proposed plan changes set forth herein shall be furnished to the State of Florida Division of 140 Retirement before the last public hearing on the pension plan modifications described herein is 141 held. The actuarial statement must also indicate whether the proposed plan or proposed plan 142 change is in compliance with s. 14, Art. X of the State Constitution and those provisions of part 143 VII of chapter 112, Chapter 185 Florida Statutes, and Chapter 175 Florida Statutes. 144 Section 7. This Ordinance shall become effective immediately upon its passage and 145 adoption. Implementation of these consolidated provision for DROP benefits shall occur as 146 follows: 147 A. Effective October 1, 2019, or the date of ratification of a collective bargaining 148 agreement incorporating a reference to this Ordinance or the date of a waiver of 149 bargaining over the terms of this Ordinance,whichever occurs first,for PBA employees 150 hired on or after October 1, 2019. Page 1613 of 1743 151 B. Effective January 1, 2020 for non-bargaining unit employees hired on or after January 152 1, 2020. 153 C. Effective January 1,2020,or the date of ratification of a collective bargaining agreement 154 incorporating a reference to this Ordinance or the date of a waiver of bargaining over the 155 terms of this Ordinance, whichever occurs first, for SEN employees hired on or after 156 January 1, 2020. 157 D. Effective January 1,2020,or the date of ratification of a collective bargaining agreement 158 incorporating a reference to this Ordinance or the date of a waiver of bargaining over the 159 terms of this Ordinance, whichever occurs first, for IAFF employees hired on or after 160 January 1, 2020.17IRST READING THIS October, 2019. 161 SECOND, FINAL READING AND PASSAGE this day of , 2019. 162 CITY OF BOYNTON BEACH, FLORIDA 163 YES NO 164 165 Mayor— Steven B. Grant 166 167 Vice Mayor—Justin Katz 168 169 Commissioner—Mack McCray 170 171 Commissioner—Christina L. Romelus 172 173 Commissioner—Ty Penserga 174 175 VOTE 176 ATTEST: 177 178 179 Crystal Gibson, MMC 180 City Clerk 181 182 183 (Corporate Seal) 184 185 S:ACA\Ordinances\DROP ORD AMENDED PRE 2ND READING(00335058-3xc4b6a).Docx Page 1614 of 1743 Retirement P.954,527,1616 ( F:954.525.0083 � www.grsconsulting.cnm Consulting October 25, 2019 Ms.Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 RE: Actuarial Impact Statement for Proposed Ordinance No. 19- (Affecting DROP Provisions)for the City of Boynton Beach Municipal Firefighters' Pension Trust Fund Dear Julie: We have reviewed the proposed ordinance which would modify the Deferred Retirement Option Plan (DROP) provisions for the City's three pension plans. The intent of this Ordinance is to create uniformity with regard to the DROP provisions across all three pension plans and to revise certain principal DROP provisions for future hires. The principal changes in the DROP provisions applicable to future hires (non-bargaining unit employees hired on or after January 1, 2020 and IAFF employees hired on or after January 1, 2020 or the date of ratification of a collective bargaining agreement or MOU/CBA amendment incorporating a reference to this Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, whichever occurs first) in the City of Boynton Beach Municipal Firefighters' Pension Trust Fund (Plan) include the following: 1) The DROP plan account shall be invested with the retirement plan assets and credited with interest equal to the overall net (earnings less cost) investment rate of return on the retirement plan assets during the period of participation in the DROP, subject to a minimum interest crediting rate of 0% and a maximum interest crediting rate of 8%(per year). 2) As soon as administratively practical (but no later than 45 days)following termination of employment from the City, the retiree's DROP balance will be distributed in a lump sum (which may be rolled over or paid in cash). If a timely request for the withdrawal of the DROP plan balance does not occur, no further interest earnings will be credited to the DROP balance. The current DROP provisions (which include an option to receive a 7.0%annual interest crediting rate on the DROP balance and the ability to keep DROP balances invested in the Plan following termination of employment)will continue to apply to all current employees. As the actuaries for the Plan, we have considered the current DROP provisions to be actuarially neutral (on a forward-looking basis)for actuarial valuation purposes because the long-term investment return assumption exceeds the interest crediting rate on the DROP accounts. This does not mean the current DROP provisions are without risks. If the Plan's actual net investment returns are less than the DROP Ms.Julie Oldbury, IPMA-SCP, CLRP October 25, 2019 Page 2 interest crediting rate, then actuarial experience losses can occur with regard to the DROP, thereby causing an increase in the required City contribution. The magnitude of potential experience losses associated with the DROP can grow as the aggregate balances of the DROP accounts grow. The proposed changes to the DROP provisions for future hires do not change our forward-looking assumption that the DROP provisions are actuarially neutral, so it is our opinion that a formal actuarial impact statement showing a change in employer costs associated with the proposed Ordinance is not required. While there is no actuarial cost impact associated with the proposed changes, it should be noted that the proposed changes are expected to reduce the risks associated with the DROP over the long term, once new employees (who are subject to these new DROP provisions) begin participating in the DROP. The future risk reduction stems from the future use of an interest crediting rate which will fluctuate based on the actual net investment earnings of the Plan and the expected reduction in the size of the DROP accounts relative to the size of the total Plan assets (due to the new provision requiring withdrawal of DROP account balance immediately following termination of employment). A copy of this letter and the ordinance should be sent to the Municipal Police Officers and Firefighters' Retirement Trust Funds Office and to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor. If there are any questions, please let us know. Sincerely yours, Peter N. Strong, �FS Senior Consultant and Actuary The above communication shall not be construed to provide tax advice, legal advice or investment advice. Retirement Consulting Retirement P.954,527,1616 ( F:954.525.0083 � www.grsconsulting.cnm Consulting October 25, 2019 Ms.Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 RE: Actuarial Impact Statement for Proposed Ordinance No. 19- (Affecting DROP Provisions)for the City of Boynton Beach Pension Plan for General Employees Dear Julie: We have reviewed the proposed ordinance which would modify the Deferred Retirement Option Plan (DROP) provisions for the City's three pension plans. The intent of this Ordinance is to create uniformity with regard to the DROP provisions across all three pension plans and to revise certain principal DROP provisions for future hires. The principal changes in the DROP provisions applicable to future hires (non-bargaining unit employees hired on or after January 1, 2020 and SEIU employees hired on or after January 1, 2020 or the date of ratification of a collective bargaining agreement incorporating a reference to this Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, whichever occurs first) in the City of Boynton Beach Pension Plan for General Employees (Plan) include the following: 1) The DROP plan account shall be invested with the retirement plan assets and credited with interest equal to the overall net (earnings less cost) investment rate of return on the retirement plan assets during the period of participation in the DROP, subject to a minimum interest crediting rate of 0% and a maximum interest crediting rate of 8%(per year). 2) As soon as administratively practical (but no later than 45 days)following termination of employment from the City, the retiree's DROP balance will be distributed in a lump sum (which may be rolled over or paid in cash). If a timely request for the withdrawal of the DROP plan balance does not occur, no further interest earnings will be credited to the DROP balance. The current DROP provisions (which include an option to receive a 7.0%annual interest crediting rate on the DROP balance and the ability to keep DROP balances invested in the Plan following termination of employment)will continue to apply to all current employees. As the actuaries for the Plan, we have considered the current DROP provisions to be actuarially neutral (on a forward-looking basis)for actuarial valuation purposes because the long-term investment return assumption exceeds the interest crediting rate on the DROP accounts. This does not mean the current DROP provisions are without risks. If the Plan's actual net investment returns are less than the DROP Ms.Julie Oldbury, IPMA-SCP, CLRP October 25, 2019 Page 2 interest crediting rate, then actuarial experience losses can occur with regard to the DROP, thereby causing an increase in the required City contribution. The magnitude of potential experience losses associated with the DROP can grow as the aggregate balances of the DROP accounts grow. The proposed changes to the DROP provisions for future hires do not change our forward-looking assumption that the DROP provisions are actuarially neutral, so it is our opinion that a formal actuarial impact statement showing a change in employer costs associated with the proposed Ordinance is not required. While there is no actuarial cost impact associated with the proposed changes, it should be noted that the proposed changes are expected to reduce the risks associated with the DROP over the long term, once new employees (who are subject to these new DROP provisions) begin participating in the DROP. The future risk reduction stems from the future use of an interest crediting rate which will fluctuate based on the actual net investment earnings of the Plan and the expected reduction in the size of the DROP accounts relative to the size of the total Plan assets (due to the new provision requiring withdrawal of DROP account balance immediately following termination of employment). A copy of this letter and the ordinance should be sent to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor. If there are any questions, please let us know. Sincerely yours, Peter N. Strong, �FS Senior Consultant and Actuary The above communication shall not be construed to provide tax advice, legal advice or investment advice. Retirement Consulting Retirement P.954,527,1616 ( F:954.525.0083 � www.grsconsulting.cnm Consulting October 25, 2019 Ms.Julie Oldbury, IPMA-SCP, CLRP Director of Human Resources and Risk Management Human Resources and Risk Management City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 RE: Actuarial Impact Statement for Proposed Ordinance No. 19- (Affecting DROP Provisions)for the City of Boynton Beach Municipal Police Officers' Retirement Fund Dear Julie: We have reviewed the proposed ordinance which would modify the Deferred Retirement Option Plan (DROP) provisions for the City's three pension plans. The intent of this Ordinance is to create uniformity with regard to the DROP provisions across all three pension plans and to revise certain principal DROP provisions for future hires. The principal changes in the DROP provisions applicable to future hires (non-bargaining unit employees hired on or after January 1, 2020 and PBA employees hired on or after October 1, 2019 or the date of ratification of a collective bargaining agreement or MOU/CBA amendment incorporating a reference to this Ordinance or the date of a waiver of bargaining over the terms of this Ordinance, whichever occurs first) in the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) include the following: 1) The DROP plan account shall be invested with the retirement plan assets and credited with interest equal to the overall net (earnings less cost) investment rate of return on the retirement plan assets during the period of participation in the DROP, subject to a minimum interest crediting rate of 0% and a maximum interest crediting rate of 8%(per year). 2) As soon as administratively practical (but no later than 45 days)following termination of employment from the City, the retiree's DROP balance will be distributed in a lump sum (which may be rolled over or paid in cash). If a timely request for the withdrawal of the DROP plan balance does not occur, no further interest earnings will be credited to the DROP balance. The current DROP provisions (which include an option to receive a 7.0%annual interest crediting rate on the DROP balance and the ability to keep DROP balances invested in the Plan following termination of employment)will continue to apply to all current employees. As the actuaries for the Plan, we have considered the current DROP provisions to be actuarially neutral (on a forward-looking basis)for actuarial valuation purposes because the long-term investment return assumption exceeds the interest crediting rate on the DROP accounts. This does not mean the current DROP provisions are without risks. If the Plan's actual net investment returns are less than the DROP Ms.Julie Oldbury, IPMA-SCP, CLRP October 25, 2019 Page 2 interest crediting rate, then actuarial experience losses can occur with regard to the DROP, thereby causing an increase in the required City contribution. The magnitude of potential experience losses associated with the DROP can grow as the aggregate balances of the DROP accounts grow. The proposed changes to the DROP provisions for future hires do not change our forward-looking assumption that the DROP provisions are actuarially neutral, so it is our opinion that a formal actuarial impact statement showing a change in employer costs associated with the proposed Ordinance is not required. While there is no actuarial cost impact associated with the proposed changes, it should be noted that the proposed changes are expected to reduce the risks associated with the DROP over the long term, once new employees (who are subject to these new DROP provisions) begin participating in the DROP. The future risk reduction stems from the future use of an interest crediting rate which will fluctuate based on the actual net investment earnings of the Plan and the expected reduction in the size of the DROP accounts relative to the size of the total Plan assets (due to the new provision requiring withdrawal of DROP account balance immediately following termination of employment). We recommend that you send a copy of this letter and the ordinance to the Municipal Police Officers and Firefighters' Retirement Trust Funds Office and to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor. If there are any questions, please let us know. Sincerely yours, Peter N. Strong, �FS Senior Consultant and Actuary The above communication shall not be construed to provide tax advice, legal advice or investment advice. Retirement Consulting 12.E. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-142- Consent to the termination of the Declaration of Protective Covenants of Quantum Park at Boynton Beach. EXPLANATION OF REQUEST: The Quantum Park Property Owners'Association, Inc., has requested the City's consent to terminate the Declaration of Protective Covenants of Quantum Park at Boynton Beach. The Declaration took effect in October, 1987 and created the Quantum Park Property Owners'Association, Inc. To effectuate termination of the Declaration, consent of the City is required. Termination must also be approved by at least two-thirds of the Board of Directors and 75% of the voting rights in the Park or by 85% of the voting rights and the City. Representatives of the Association will be in attendance at the Commission meeting to answer any questions regarding the reason for the request and the outcome as it relates to the property owners and common areas under control of the association. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will only be affected by the dissolution in the event common area is conveyed to the City , in which case the City will assume the obligations of the Association regarding the common areas but the City will have the same assessment, lien and enforcement rights against owners as the association currently has. FISCAL IMPACT: None. ALTERNATIVES: Not consent to the termination of the Restrictive Covenants STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1621 of 1743 ATTACHMENTS: Type Description D Resolution Resolution consenting to the termination of Protective Covenants D Attachment Declaration of Protective Covenants of Quantum Park at Boynton each D Letter Letter from Counsel for Quantum Park Property Owners'Association Page 1622 of 1743 I RESOLUTION NO. R19- 2 A RESOLUTION OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, CONSENTING TO THE 4 TERMINATION OF THE DECLARATION OF 5 PROTECTIVE COVENANTS OF QUANTUM PARK 6 AT BOYNTON BEACH; AND PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the Quantum Park Property Owners' Association, Inc., has requested the 10 City's consent to terminate the Declaration of Protective Covenants of Quantum Park at 11 Boynton Beach; and 12 WHEREAS, the Declaration took effect in October, 1987 and created the Quantum 13 Park Property Owners' Association, Inc.; and 14 WHEREAS, to effectuate termination of the Declaration, consent of the City is 15 required; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to 17 be in the best interest of the citizens and residents to approve and consent to the termination of 18 the Declaration of Protective Covenants of Quantum Park at Boynton Beach. 19 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSIONOF 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 Section 2. The City Commission hereby approves and consents to the termination 24 of the Declaration of Protective Covenants of Quantum Park at Boynton Beach. 25 Section 3. That this Resolution shall become effective immediately. 26 1 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C86D2D79-3023-4DB1-AF2F-C16FB75C289D\Boynton Beach.18888.1.Consent To—Termination—Of Protective Covenants_(Quantum Park POA) -_Reso.Docx Page 1623 of 1743 27 PASSED AND ADOPTED this day of , 2019. 28 CITY OF BOYNTON BEACH, FLORIDA 29 30 YES NO 31 Mayor— Steven B. Grant 32 33 Vice Mayor—Justin Katz 34 35 Commissioner—Mack McCray 36 37 Commissioner—Christina L. Romelus 38 39 Commissioner—Ty Penserga 40 41 VOTE 42 ATTEST: 43 44 45 46 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 52 (Corporate Seal) 2 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C86D2D79-3023-4DB1-AF2F-C16FB75C289D\Boynton Beach.18888.1.Consent To—Termination—Of Protective Covenants_(Quantum Park POA) -_Reso.Docx Page 1624 of 1743 OCT-15-1987 12:53Pm 87-303382 o` ORE 5450 Ps 1 9 o5 100987-18 0862P/50 O DECLA ION OF PROTECTIVE COVENANTS OF tUM PARK AT BOYNTON BEACH Q �D THIS INSTRUMENT PREPARED BY: _V RETURN TO: DAVID S. PRESSLY, ESQ. DAVID S. PRESSLY, ESQ. POST OFFICE BOX, 3888 POST OFFICE BOX 3888 WEST- PALM BEACH, FL 3340'2 WEST PALM BEACH, FL 33402 Page 1 5 of 1743 ORB 5450 Pg 1106 DECLARATION OF PROTECTIVE COVENANTS OF QUANTUM PARK AT BOYNTON BEACH TABLE OF CONTENTS PAGE ARTIC -- DEFINITIONS.. . .. . . . . . . . . . . . . . . . . . . . . . . . . . 1 ART I LE - PROPERTY.. . .. . .. . . . . . . . . . ..... . . . . . . . . .. . . 6 ARtICL O - ASS9f-IATION. . . . . . . . . . . . . . . . . . . .. . .. .. .. . . 7 ARTICLE - ARCHITECTURAL REVIEW COMMITTEE.. . . . .. . . . . 7 Secti 4.1 The Committee.. .. . . .. .. . . . . . . . . . . . . . . .. . . 7 Section 4. U Necessity of Architectural Review and Approvals. . 7 Section Approval. . ... . . .. .. . . 8 Section 4. Conditions of Approval. .. . . . . . . . . . . . .. .. . 9 Section 4.54Geral and Duties. . . . . . . . . .. . . . . . . . . . . .. . 9 Section 4.6ity. . . . . . .. . . . . . . .. . . . . . . . . .. . .. . . . 10 Section4.7o. . . . . . . . . . . . . . . . .. .. . . . . . . .. . .. . . . 11 ARTICLE V - ON OF IMPROVEMENTS. . . . . . . .. . . . . .. . . 11 Section5.1 . . . .. . . .. . .. . . . . . . .. . . . . . . . .. . ... . 11 Section 5.2 Lic . . . . . .. . . . . . . . . . . . . . .. . 11 Section 5.3 Timuirements. . . . . . . . . . . . . . . . . . . . . .. . 11 Section 5'.4 Cond ion During Construction. . . . . . . .. .. . 13 Section 5. 5 Damageestruction. . .. . . . . . . . . . . . . . . . . 13 Section 5.6 Certif Con. .. . . . .. . . .. .. . . . .. . . . . . . . . . 15 ARTICLE VI - GENERAL NTS. . .. . . .. . . . . . . . . . . . . . . . . 15 Section 6.1 General. . b. . . . . .. . . . . . . .. . . . .. . . . 15 Section 6.2 Use Regulat. n 16 Section 6.3 Drainage and etention. . . . . . . . .. . . . 16 Section 6.4 Noxious or Of Activity. . . . . . . .. . . . 16 Section 6.5 Subdivision or enation of Parcels.. . . 16 Section 6.6 Hazardous Materet . . . . . . . . . . . . . . . . . . . 17 Section 6.7 Governing Criter . . . .. . . . . . . . . . . . ... . 17 Section 6.8 Rules and Regula t' . . . . . . . . .. . . . .. . 17 Section 6.9 Public Land Use Re 'ons. . . . . . .. . .. . . . 17 Section 6.10 Notice. . .. . . . . . .. . . . . . . . . . . . . .. .. . 17 Section 6.11 Insurance. . . .. . .. . . ... . . 17 Section 6.12 Quantum Park Ground W e��onitoring Plan 18 ARTICLE VII - COMMON AREAS.. . .. . . . . . . j,C.,i,E. . . . . . . ... . . . 18 Section 7.1 Description. . . .. . .. . . . �� . .. .. .. 18 Section 7.2 Restridtions. . . . . . . . . . . . .�• • •. .. . . . . . . 18 ARTICLE VIII - HELIPAD/HELIPORT. . . .. . . .. . . . . . . . . . . . . . 19 ARTICLE IX - MAINTENANCE, ALTERATIONS AND IMPROVEMENTS. .. .. .. . . . ... . . . . .. . . .. .. . .. . 20 Section 9.1 As to Common Areas. . . . . .. . . . . . . . . .. . .. . . . 20 Section 9.2 As to Parcels. . . .. . .. . . .. 20 Section 9.3 As to Oustside Land. . . . .. .. . 21 Section 9.4 Sand Pine Scrub Preserve Area. . . . . ...... . 22 Section 9.5 Platted Streets.. _. . . .. . . . . . . . . . ... . .. . 22 Section 9.6 Inspection by Association .. . . . . . .. . . . .. . 22 Section 9.7 Declarant' s Right to Enter.. . . . . . .. . .. . . . 23 Section 9. 8 Insurance Proceeds. . . . . .. . . .. . .. . . .. .. .. . 23 -i- 0862P/51 Page 11 6 of 1743 ORB 5450 Be 1107 ARTICLE X - ASSESSMENTS.... . .... . ... . .. . .. .. . . . .. . . . 23 Section 10.1 Applicability to Parcels.. ..... .. .. . .. ... 23 Section 10.2 Uniform Rate of Master Assessments. . .. ... 23 Section 10.3 Amount and Use. . . ... ..... . .. .. .. . .. . .. 24 Section 10.4 Special Assessments. ..... .... . . .. . .. . . . 24 Section 10.5 Due Dates....... . ... ..... ... . .. .. .. . .. . . . 25 Section 10.6 Certificate. . ... . ... ... .. . .. . .... ... .. . .. 25 Sea n 10.7 Lien Rights.. . .. . ... .. .. . . .. . .... ... .. . . . 25 Sec 'on 10.8' Enforcement of.Lien. . . .. . . .. . .... ... .. .. . 26 10.9 Proviso. .. .. . . .. . .. . .... . . ..•. . . .. .. . .. . .. 26 ARTIC - EASEMENTS. .. .. .... . .. .... . ... . .. .. . .. . .. 27 Sec 'o �.1 Easement Rights o€ Declarant. .. .. . . . .. . . . 27 Sect �( 2 Easement Rights of Association. .. . .. .. . .. 28 Secti .3 Easement Rights of Institutional C7Mortgagees.. . .. . . ... .... . . . . . . . .. .. . .. 28 Section ll Persons Bound; Beneficiaries.. . ..... .. . .. 28 ARTICLE XII OBLIGATIONS OF OWNER .... . .. . .. .. . . . .. . . . 29 ARTICLE XIII �- TATUS AND WAIdER.. . ... . . . ..,. . . .. . .. .. .. . 30 Section 13.1 enants. ..... . . . .. .... . . . . . . . ... . . .. . .. 30 Section 13.2 a' er. . .. ... ... . . .. .. ... . .. . . . ... . . .. ... 30 ARTICLE XIV - R4��ES.. .. . ... . . .. . . .. . . . . . . . ... .. .. . . . 30 Section 14.1 Rig f Declarant and Association for Vio n by Owner. . .'. . . . . . . . .. ..... .. ... 30 Section 14.2 Right of Declarant for Violation byAss ion.. . ... . ... . . . . . . ... . . .. . . . 31 Section 14.3 Rights ners for Violation by an Owner ssociation. . . .. . ..... .. .. . . . 31 Section 14.4 Attorney 9. . . . . .. . . . . .. . .. .. ... .. . ... 31 ARTICLE XV - DURATION.. . . .... . . . . . . . .. 32 ARTICLE XVI - INSURANCE. . . . .. ... ... . .. . . . . . . . ... .. .. . . . 33 Section 16.1 Liability Insu . . . . . . . .. . ..... .. .. . .. 33 Section 16.2 Casualty Insura . .. .. .... .. .. ... 33 Section 16.3 Workmen's Compenn.Policy. .... .. .. ... 33 Section 16.4 `Other Insurance. . . . . . ... .. .. . . . 33 Section 16.5 Individual Liabili ranee. . .. . . .. . .. 33 Section 16.6 Waiver of Subrogati .... . . .. . .. 33 Section 16.7 Insurance Regarding Ou e Land. . .. .. ... 34 ARTICLE XVII - ECOLOGICAL PLAN AND SAVVE PRESERVE AREAS.. . ... .... . . . ... .. .. . .. 34 Section 17.1 General. .. ... ... . . .... ,/�. .. .. .. . .. 34 Section 17.2 Sand Pine Preserve Areas 34 Section 17.3 Swamp and Freshwater MarshHa t/ Wetlands Surface water Man System. 35 ARTICLE XVIII - CONVEYANCE FOR PUBLIC USE. .. . . . ... .. .. . .. 36 ARTICLE XIX - INTERNAL SECURITY FORCE. . . . .. .`.. .. .. ..... 36 ARTICLEXX - AMENDMENT.... . ... . . .. . . . . . .. . . ...... .. . .. 37 Section 20.1 General Procedure. . ... . . .. .. . . . ... .. .. . .. 37 Section 20.2 Proviso...... .. . . .. . . ... .. . .. .. . .. .. .. ... 38 ARTICLEXXI - ADDITIONAL LANDS. . ... . . . .. . .. ... .. .. .. ... 39 -ii- 0862P/52 Page 1 7 of 1743 ORB 5450 P9 1108 ARTICLE XXII - RIGHTS APPURTENANT TO LOT 55..... . .. ..... 39 ARTICLE ,XXIII - HAZARDOUS WASTE/HAZARDOdS MATERIALS CONTAMINATION RESPONSE PLANS... . .. .. .. .. . 40 ARTICLEXXIV - NOTICE.. .. .. ........ ... . . ... .. .. .. ... 42 ARTICLE XXV -- RIGHT TO MODIFY,`7CANCEL OR LIMIT.. ..... .. . 42 ARTIJEV,,I ASSIGNMENT. . . ..... . .... . . . . .. . . ... .. .. .. . . 43 ARTII SEVERABILITY.......... . . . . .... . . .. .. .. .... 43 ARTITU7 - APPLICABLE LAW/VENUE.. . . . .. ..... .. .. .. .. . . 43 ARTICAPTIONS. . .. . . . . .... .. . . . ... .... .. .. .. .. .. 43 ARTICLE X - 0 SINGULAR/PLURAL - MASCULINE/FEMININE.... . . 44 ARTICLE XXX I VETO POWER. . ... ... . ... . . . . . .. ... . . .. ..... . 44 P ARTICLE XXXIT- DISSOLUTION OF ASSOCIATION. ... . . . . . . .. ... . 45 ARTICLE XXXIII -*AMN�D TIONS PREVAIL OVER LESS STRINGENT ENTAL REGULATIONS.. ..... . . . . . .... . . 45 ARTICLE XXXIV - . . .. . .... .. . . ... . . . .. . ... .. .. ..... . 45 ARTICLE XXXV - TS TO GOVERNMENTAL LAND USE REG ONS.. . . . .... .. . . . . . ... .. .. .. .. ... . 46 ARTICLE XXXVI - MORT GE CONSENT AND ACCEPTANCE.. .. .. ... . 46 ARTICLE XXXVII - EFFECT TE OF THIS DECLARATION.. .. ... . 47 EXHIBITS: Exhibit "A" - Legal Descri off the Property Exhibit "B" - Articles of In ion Exhibit "C" - Bylaws 0862P/53 Page 1 8 of 1743 ORO 5450 P9 1 109 101087-18 0862P DECLARATION OF PROTECTIVE COVENANTS OF QUANTUM PARK AT BOYNTON BEACH KNOW ALL MEN BY THESE PRESENTS: A QUANTUM ASSOCIATES, a Florida General Partnership (here "Declarant") , is the owner of certain lands located 0 in the of Boynton Beach, Palm Beach County, Florida, which lands (he I iter "Property") are more particularly described 0 v below; and WHEREAS, . ity of Boynton Beach has issued a Development Order pursuantChapter 380, Florida Statutes (1984) for development of tha tion of the Property rezoned by the City to Planned Industrial opment District, and has rezoned the Property to a PlannedZrict;' trial Development District and Planned Commercial Development and, WHEREAS, Declarant deto place from time to time certain easements, covenants, condi```i "o and restrictions upon the use of the Property and to cause sam nefit, burden and run with the Property; NOW, THEREFORE, for good andal e consideration, the said Declarant does hereby for itself is successors and assigns hereby place upon the Property the ng certain easements, covenants, conditions and restrictions. ARTICLE I DEFINITIONS The following words, when used in this �De�lr on (unless the context shall prohibit) shall have the following meanings: A. Articles of Incorporation: The term "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of the Association, a copy of which Articles are attached hereto as Exhibit "B," as may be amended from time to time. ,I i THIS INSTRUMENT PREPARED BY: RETURN TO: DAVID S. PRESSLY, ESQ. DAVID S. PRESSLY, ESQ. POST OFFICE BOX 3888 POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 WEST PALM BEACH, FL 33402 Page 1 9 of 1743 ORB 5450 P9 7 10 B. Assessments: The term "Assessments" shall include Reqular Assessments and Special Assessments, and shall mean and refer to the share of funds required for the payment of Common Expenses, which from time to time are assessed against the Owners. Association: The term "Association" shall mean -and refer t uantum 'Park Property Owners' Association, Inc. , a Florida &6tion not for profit. oard of Directors: The term "Board of Directors" shall mean anFf�r to the Board of Directors of the Association. E. ��ing Site: The term "Building Site" shall mean and refer to tha portion of the Property being improved in accordance with A es IV and V herein. F. Bylawterm "Bylaws" shall mean and refer to Y the Bylaws of the As iation, a copy of which Bylaws are attached hereto as Exhibit "C," y be amended from time to time. G. City: The t City" shall mean and refer to the City of Boynton Beach. Q H. Committee: Thm "Committee" shall mean and refer to the Architectural Rev" Onittee appointed from time to time by the Declarant, as articularly described in Article IV herein. I. Common Areas: The to o mon Areas" shall mean and refer to all real property (androvements thereon) owned and/or leased by, or dedicated to, tssociation, as more particularly described in Article VII herein! )t J. Common Expenses: The term "C Expenses" shall mean and refer to all costs, expenses and as sments properly incurred by the Association for whioh the Owners are liable to the Association. K_ County: The term "County" shall mean and refer to Palm Beach County. L. Declarant: The term "Declarant" shall mean and refer to QUANTUM ASSOCIATES, a Florida General Partnership, and those successors and assigns to whom Declarant's rights and -2- 0862P Page.1 0 of 1743 ORB 5450 Ps 1 7 1 I obligations as Declarant hereunder are specifically assigned in writing by Declarant. M. Declaration: The term "Declaration" shall mean and refer to this Declaration of Protective Covenants of Quantum Park at Botan -a h. esign Criteria: The term "Design Criteria" shall mean to the specifications, guidelines, and standards, whichwith this Declaration, regulate the construction, placement, J- t 1Q ation, and, maintenance of Improvements within the Park. T ign Criteria shall he prepared and adopted by the Committee, andi-SNay be modified and amended in writing by the Committee at any in its sole and absolute discretion without the joinder, rati or approval of the Association, any Owner, or any lienho16 r ; provided, however, that any amendment to the Design Criteria conng the Park's surface water management system must be approved riting by the South Florida Water Management District. Any ree to Design Criteria shall include any amendments theyt. 'A- copy o£ the Design Criteria shall be available for anyQpoon written request to the Association. O. Design Plans- The � D"Design Plans" shall mean and refer to the design plans ( ndments thereto) for Improvements that must be submitted approved in accordance with the Articles IV and V,herein. Any rnce to any amendment of -tht Design Plans shall include any chaa in, alteration of, addition to, or deletion from the Design Plan s P. Development Order: The termy lopment Order" shall mean City Ordinance No. 84-51, which or inance granted with conditions Declarant's application for a development permit with respect to the Park pursuant to Chapter 380, Florida Statutes, as amended by City Ordinance No. 86-11, as further amended by City Ordinance No. 86-37,- and as may be further amended from time to time. Q. Ecological Plan: The term "Ecological Plan" shall mean and refer to that certain Ecological Plan For Quantum Park i -3- 0862P Page 1, 1 of 1743 ORB 5450 Ps 1 112 (dated August 4, 1986, and amended March 16, 1987) prepared by Ecological Consultants, as may be Further amended from time to time, and as more fully discussed in Article XVII herein. Any reference to Ecological Plan shall include any amendments thereto. Hazardous Materials Contamination Response Plans: The t rm zardous Materials Contamination Response Plans" shall mean a r Q to the document entitled "Guidelines for the Preparati owner/Lessee Hazardous Materials Contamination Response PlaVL & Or the Park (as may be amended from time to time) prepared by vironmental Services (dated April 13, 1987) , as more fully discuss in Article XXIII herein. Any reference to Hazardous Materia f�ntamination Response Plans shall include any amendments thereto. l S. rmproveh nt: The term "Improvement" shall mean and refer to any building, , exterior lighting, drainage facility, water retention facility, ge system, road, lake, landscaping, and/or other structure thZi constructed, installed, erected, placed or made within or 'the Property, as well as any construction, demolition, exca � and/or grading, within or upon, and any subdividing (or iding) and/or platting (or replatting) of, or combination of, , cel or Parcels. D T. Institutional Mortgag T e term "Institutional Mortgagee" shall mean any Person ownmortgage encumbering a Parcel, which in the ordinary course ofess makes, purchases,, guarantees, or insures mortgage loans. AnZ�5 � itutional Mortgagee may include, but is not limited to, ban r savings and loan associations, insurance companies, union pen�unds authorized to lend money in the State of .Florida, an agency of the United States or any other governmental authority, a mortgage investment trust, a real estate investment trust, a mortgage company, or a lender generally recognized in the County as an institutional type lender. In addition, in the event that the Declarant is the mortgagee under a purchase money mortgage arising upon the sale of a Parcel, the Declarant shall be deemed to be an Institutional Mortgagee hereunder. -4- 0862P Page 1 12 of 1743 i ORB 5450 P9 1 113 U. Lessee: The term "Lessee" shall mean and refer to any Person who leases from an Owner all or any portion of a Parcel. The Lessee shall be subject to the terms of this Declaration, and shall have the same obligations as an Owner hereund Master Site Development Plan: The term "Master Site Develop P(Dan" shall mean and refer to that certain development plan for � t , Park approved by the City as . a part of the Development Or LQ as may be amended by Declarant from time to time. W. Owner. The term "Owner" shall mean and refer to the record owner or rs of the fee simple title to a Parcel. In the event that a PQ -s owned by more than one (1) Person, each such Person shall be jointly and severally liable for all of the obligations of an Owner(#" Parcel hereunder. X. Parcel: The rm "Parcel" shall mean and refer to any platted lot within the rty and/or a part of a platted lot within the Property that is in fee simple, together with all Improvements thereon. A platt tQshall mean and refer to a lot created pursuant to a plat duly re, d in the Public Records of the County. �"I Y. Park: The term "Pa hall mean and refer to Quantum Park at Boynton Beach, subj to Declarant's right to change the name thereof from time to tim Declarant's sole and absolute discretion. �"� Z. Person: The term "Person" sha can and refer to an individual, corporation, governmental age v,1 business trust, estate, trust, partnership, association, or wo or more persons having a joint or common interest or any other entity. AA. Property: The term "Property" shall mean and refer to that certain property more particularly described in Article II herein. BB. Regular Assessment: The term "Regular Assessment" shall mean and refer to any Assessment levied against Owners that is required by the annual budget. -5- 0862P Page 1 2 of 1743 ORE 5450 Ps I 114 CC. Special Assessment: The term "Special Assessment" shall mean and refer to any Assessment levied against Owners other than a Regular Assessment. DD_ Subdivide: The term "subdivide" shall mean and refer t e dividing (or redividing) of a platted lot into two or more ar Ovoting Representative: The term "Voting Represent shall mean and refer to (1) the Owner of a Parcel if such Par ce Qs owned by one individual, (2) any individual designated i Certificate filed with the Secretary of the Association design inq a voting member for such. Parcel, or (3) a duly designatedholder. Anything to the contrary herein notwithstanding, tzf4pll only be one (1) Voting Representative for each Parcel. FF. Voting R The term "Voting Rights" shall mean and refer to the number of es applicable to a Parcel or Parcels. GG. Water Managb Q Plan: The term "Water Management Plan" shall mean and refer Park Water Management Plan (as may be amended from 'time to )(0) as more fully discussed in Section 6.3 herein; provided, h that this Water Management Plan is permitted by the South F1 � Water Management District, and can only be amended with the r approval of the South Florida Water Management District. ARTICLE II �� PROPERTY /�'� The Property shall consist of all proper//) that Declarant submits, and makes subject to, the terms of this Declaration. As of the recording of this Declaration in the Public Records of the County, the property described in Exhibit "A," attached hereto and made a part hereof, shall be and hereby is submitted and made d subject to the terms of this Declaration by Declarant. Additional lands may be submitted and made subject to the terms of , this -6- 0862P Page 1 4 of 1743 7� ORB 5450 Pg '1 1 15 Declaration by Declarant pursuant to Article XXI herein, and at such time the additional lands will automatically become a part of the Property hereunder. ARTICLE III ASSOCIATION An e Qhall automatically be a member of the Association, and said and his Parcel shall be subject to the terms and conditions of Declaration and all exhibit's thereto, as same may be amendel�64 time to time. ARTICLE IV i TURAL REVIEW COMMITTEE A� Section 4.1 The ommittee. The role of the Committee is to examine and review th sign Plans in light of the aesthetic impacts of a proposed Impr ement, and the Committee shall NOT examine, review, or be sponsihle for the structural, engineering, mechanical, or related aspects of the proposed Improvement. The Committee sha moist of three (3) to five (5) persons appointed from time to i the Declarant; any member of the Committee may be replaced 'ny time by the Declarant. The members of the Committee are not r d to be members of the Association. The initial members he Committee shall be Edward B. Deutsch, George W. Zimmerman an �eS ven W. Deutsch, each of whom shall serve until his successor is p inted, or until he resigns, or until he is replaced', whichev rst occurs. Any vacancy occurring on the Committee shall �j filled by the Declarant. A majority of the Committee shall constitute a quorum to transact business at any meeting of the Committee, and the action of a .majority present at a - meeting at which a quorum is . present shall constitute the action of the Committee. Section 4.2 Necessity of Architectural Review and Approvals. No Improvement of any kind shall be commenced, constructed, installed, erected, or placed upon or within the Property, nor -7- 0862P Pagel 35 of 1743 OFA 5450 P9 I 116 shall any amendment, change or alteration of any Improvement be made (except as specifically provided in Section 4.4.D. , until such time as the Design Plans with respect thereto have been submitted to and approved in writing by the Committee in accorda herewith. The Design Plans shall be submitted to the Commi to a manner and form satisfactory to the Committee, and shall A e proposed Improvement(s) , plot layout, exterior elevation terials, colors, layout of parking spaces, location of easements, acation of utilities, proposed use of the Improvement(s11& 11 tters contained within the Design Criteria, and . such other in€orm ion as may be reasonably requested by the Committee. Appro of the Applicant's Design Plans shall not be in lieu of any appQ- that may be required by the City, or any other governmental ry. IN APPROVING DESIGN, PLANS AND/OR ANY . AMENDMENTS THERETO, tp COMMITTEE MAKES NO REPRESENTATIONS, r WARRANTIES OR CLAIMS AS THE SOUNDNESS OR QUALITY OF THE CONSTRUCTION OR DESIGNE IMPROVEMENTS, OR AS TO THE EFFECTIVENESS OR SUITABILITY �HE USE OF SUCH IMPROVEMENTS, OR AS TO COMPLIANCE WITH ZONOERMIT REGULATIONS, OR ANY GOVERNMENTAL LAND USE REGULATION Section 4.3 Approval. ApprovN4 the Design Plans shall be based upon: (i) the conformity an m ny of the design and layout of the proposed Improvement(s) �-neighboring Parcels and with the Parkas a whole; (ii) the effe990' o'p the location of the proposed Improvement(s) on neighboring Partq�yYs. and on the Park as a whole; (iii) the relation of the proposed vement(s) to the topography of the Building Site; fiv) the r �- and finished ground elevation of the Building Site in relation to that o£r neighboring Parcels; (v) the proper facing of the main elevation of the proposed Improvement(s) with respect to nearby streets; and (vi) the conformity of the Design Plans with the Design Criteria, and with the terms of this Declaration. The Committee shall either approve or disapprove the Design Plans within thirty (30) days after the Committee's receipt of all documentation required -8- 0862P __ Page 1 36 of 1743 ORB 5450 P9 1 11-7 herein_ The Committee shall not arbitrarily or unreasonably withhold its approval of the Design Plans. If the Design Plans are not, appgoved•, the Committee shall state the reasons therefor. Section 4.4 Conditions of Approval. In the event of approva f the Design Plans, the following conditions shall apply: Prior to commencing to improve the Building Site, the O , if so required by the Committee, shall provide 1 the Q . Committe h a removal bond, which must be reasonably acceptable to the Coee, for purposes of protecting the Park against any O unsightly uished construction. The Committee shall not require removQonds with respect to Parcels in excess of 50 acres in size. B. The onved Improvement(s) shall not be used or utilized in any mann�ntil such time as the Owner has provided the Committee with itten certification .from a duly C� registered/licensed ar itt�e=ct that the Improvements) was constructed in accordance t the Design Plans. C. There shall %nal es fade to the approved Design Plans without the priproval of the Committee. D. Changes made layout of a structure shall not be subject to the the Committee as 1p g as such changes are not visible from o ')le of the structure and do not create any aesthetic impacts upone} k. Section 4.5 Powers and Duties. e Committee shall have the ,following powers: A. To adopt, and amend from ti time, the Design Criteria. B. To adopt, and amend from time�me, submission requirements for the approval of Design Plans. C. To approve or disapprove the Design Plans (and any amendments thereof) submitted hereunder. D. To adopt a schedule of reasonable fees for processing requests for Committee approval of proposed Design Plans (and any amendments thereof) . Such fees, if any, shall be payable to the Association in U.S. cash or by check at the time -9- 0862P Page 1 37 of 1743 00 5450 Pg 1 118 that Design Plans (or amendments thereto) are submitted to the Committee. In the event such fees are not paid by the Owner, the Design Plans shall be deemed to be improperly submitted by Owner, and need not be reviewed by the Committee. To retain professional advisors (such as attorneys and a ch' ts) as may be necessary in the exercise of its powers, which Cr, shall be paid out of the fees collected in Paragraph ve or from funds of the Association. F. T 0 enter upon (or designate an agent or a professional or to enter upon) the Building Site(s) from time . to time during cons ruction, and upon completion of construction. G. To orm such incidental acts as may be necessary' in the exercise of Owers. Section 4.6 Lia lity. Neither the members of the Committee nor Declarant (nor respective ' partners, shareholders, members, representatives, gents, employees, successors, or assigns) shall be liable i manner to any Person, by reason of negligence, mistake in judg or nonfeasance arising out of or in connection with the approva s(approval or failure to approve or disapprove the Design Plans, r result of failing to carry out their duties hereunder. Each r agrees and certifies that • D he will not bring any action, sui other proceeding against the members of the Committee or Dec t, (or their respective partners, shareholders, members, r"sentatives, agents, employees, successors, or assigns) for anyligence, mistake' in judgment, or nonfeasance in connection wiV, ,.e ign Plans or the approval or disapproval thereof, or in co withany other actions taken by the Committee hereunder. DESIGN PLANS AND/OR ANY AMENDMENTS THERETO, THE COMMITTEE MAKES NO REPRESENTATIONS, WARRANTIES OR CLAIMS AS TO THE SOUNDNESS OR QUALITY OF THE 'CONSTRUCTION OR DESIGN OF THE IMPROVEMENTS, OR AS TO THE EFFECTIVENESS OR SUITABILITY OF THE USE OF SUCH IMPkOVEMENTS', OR AS TO COMPLIANCE WITH ZONING, PERMIT REGULATIONS, i OR ANY GOVERNMENTAL LAND USE REGULATIONS. -10- 0862P Page 1 8 of 1743 ORB 54517 Ps 1 1 14 Section 4.7 Proviso. Anything in this Declaration to the contrary notwithstanding, the following Improvements are exempt from Committee approval, but the construction of same shall be in compliance with all applicable governmental regulations, codes, and ord' noes: e ctrical sub-station constructed on a Parcel o ned a public utility, as well as all other Im ents contained within the safety fence (in (V said safety fence) surrounding said elec 1 sub-station; provided that said safety fence be set back at 1 ast 30 feet from all bounds lines of the P.WeI containing said elect rica�M-station. ARTICLE V ONSTRUCTION OF IMPROVEMENTS Section 5.1 Naral. The construction or installation of any Improvement shall ocommenced until the Design Plans for such Improvement have be approved in accordance with Article IV hereunder. ' Section 5.2 Licenses. l Design Plans and required permit applications must be pr and/or stamped by a Florida registered architect and/or er, and all construction must be performed by duly licensed c o(Dors and subcontractors. In order to be "duly licensed," t eractors and subcontractors must have obtained all requirednses from all governmental bodies, agencies, departments and like having jurisdiction thereover, and must have satisfi all other requirements established as conditions precedent, constructing the Improvement. Section 5.3 Time Requirements. �coax A. The Owner shall "commence tion" (defined below) of all the Improvements shown in the Design Plans no later than eighteen (18) months following the written approval of the Design Plans by the Committee. Upon commencing construction, the Owner shall proceed expeditiously' and diligently without stoppages of longer than five (5) business days. All Improvements shown in t -11- 0862P Page 1 9 of 1743 ORB 5450 P9 1 120 the Design Plans shall be "completed" (defined below) within a reasonable period of time, which is not to exceed eighteen (18) months from the date that the Owner commenced construction of the particular Improvement. tsion The deadlines and other time constraints set forth in t5.3 shall be automatically extended for the period o€ Owner is delayed by factors that are completely outser's control. In addition the Committee shall have the power to e t@nd any deadlines and other time constraints set forth in Section 5.3, provided Owner makes written application thereEvs and the Committee determines, in its sole discretion, that equest is reasonable. C. Fail comply with the deadlines and/or other time constraints set ort, in this Section 5.3 shall result in the termination of the Co iiSpj��Neels approval of the Design Plans and Owner will have to obtainroval of his Design Plans from the Committee in accordance wi tide iv herein prior to proceeding with the Improvement(s) . r, in the event that Owner fails to comply with the deadlines oQ other time constraints set forth in this Section 5.3, Ow 11 clear and remove the partially completed Improvement Park, and restore the Building Site to the condition the ing Site was in prior to commencing construction of such Impr,the ent. If Owner does not comply with its obligations hereunder, hin twenty--five (25) days after notice from the Committee, the tCVbw Association or the Declarant (and/or Persons designated by eiti) may enter upon the Building Site and carry out Owner's ions at Owner's cost and expense, without being liable in any manner for trespass, and shall have a lien (for the costs and expenses incurred by the Association or the Declarant) against the Parcel containing the Building Site in the same manner as a lien for unpaid Assessments hereunder; (ii) may implement the removal bond; and/or (iii) may pursue any other remedies allowed under this Declaration: D. For purposes of this Declaration the Owner shall be deemed to have "commenced construction" upon the issuance of all -12- 0862P Page 1 10 of 1743 .........-..�--.-_�.._�. .,.-.....-_..w•.,W. .u.q.-.. t. .:F ♦.ru _._. . irv. _ rt r:-l�rv_^.,.�w.,..�._.�.._-..____�-_..- ..--...w.....,.............•..------�-�.�--.-.. . DRB 5450 P9 1121 necessary building permits required by the applicable governmental bodies for the construction of the particular Improvement (or, if no building permits are required, by conducting actual continuous construction activity upon the Building Site) , and an Improvement shall b eemed to have been "completed" upon the issuance of a Final cer icate of occupancy for the particular Improvement by the go e�aI body having jurisdiction thereof (o r, if no certific 'f occupancy is required with respect to the Improvempnt;' upon`jthe completion of the Improvement in the manner shown in Chen Plans) . Section 5 C dition During Construction. The Building Site shall be , kept no clean, neat and orderly condition during construction of th I rovements so as not to cause any unsightly or dangerous conditi� In the event that the Owner shall fail to so maintain the Bu' Site and continues such failure more than five (5) days Eoll wi notice thereof from the Association or the Declarant, the Ass on or the Declarant (and/or, Persons D designated by either) may nter upon the Building Site to carry out the proper maintena ae shall have a lien (for the costs and expenses incurred by to ociation or the Declarant) against the Parcel containing the ing Site in the same manner as the lien for unpaid Assessments h eunder, or (2) pursue any other remedies allowed under this Decl � ' n. Section 5.5 Damage or Destruction. n the event that a completed Improvement is damaged or destro A. Owner shall take . the necess emedial action to eliminate any dangerous or unsightly conditr�ib�Ss� ising from such damage or destruction (which may require t(�iering or other removal of the damaged or destroyed Improvement from the Park) . The owner shall commence such remedial action within twenty (20) days after the date the Improvement is damaged or destroyed, and shall complete such" remedial action within a reasonable time (not to exceed four (4] months after the date the Improvement is - damaged or destroyed) . If Owner does, not comply with its obligations hereunder, then the Association or the Declarant -13- 0862P Page 1 1 of 1743 ORB 5450 P9 1122 (and/or Persons designated by either) (i) may enter upon the Building Site and carry out Owner's obligations at Owner's cost and expense, without being liable in any manner for trespass, and shal%Decln.lien (for the costs and expenset incurred by the Assothe Declarant) against the Parcel containing. the Builin the same manner as a lien for unpaid Assessments hereor (ii) may putsue any other remedies allowed under this B. A L' the remedial action in Section 5.5.A. above has been comp l�o (i} ner shall "commence restoration" (which shall have the same ning as "commencing construction" in Section 5.3.D. abo the damaged or destroyed Improvement no later than twelve (l momoon�njjths following the date the Improvement was damaged or destroyeQS�� (ii) Upon eco cingrestoration, the Owner shall proceed expeditiously and ntly without stoppages of longer than five (5) business All damaged or destroyed Improvements shown in the Desi Jas shall be "fully restored" (which - shall have the Sam ng as "completed" in Section 5.3.D. above) within a reap e. period of time, which is not to exceed twelve (12) months h date that the Owner commenced restoration of the damaged or troyed Improvements. (iii) The deadlines and othime constraints set forth in this Section 5.5.A. shall be autc6rwatIcally extended for the period of time that Owner . is delayed actors that are .completely outside of Owner's control. Inadds , the Committee shall have the power to extend any deadlines and other time constraints set forth in this Section 5.5.B. , provided Owner makes written application therefor and the Committee determines, in its sole discretion, that the request is reasonable. (iv) Failure to comply with the deadlines and/or other time constraints set forth in this Section 5.5.B. shall result in the termination of the Committee's approval of the . Design Plans, and Owner will have to obtain approval of his Design -14- 0862P Page .1 2 of 1743 ' ORB 5450 Pe 1123 o, Plans from the Committee in accordance with Article IV herein prior to proceeding with the ImpXovement(s) . Further, in the , event that Owner fails to comply with the deadlines and/or other time constraints set forth in this Section 5.5.B., Owner shall clear a remove the damaged or destroyed Improvement(s) from the Park d estore the Building Site to the condition the Building Sitein_ prior to commencing construction of such O Improvem If Owner does not comply with its obligations hereunder, 1thin twenty-five (25) days after notice from the O - Committee, �the Association or the Declarant (and/or Persons designated by ether) (i) may enter"';`lapon the Building Site and carry out Ownerigations at Owner's cost and expense, without being liable in �anner for trespass, and sball have a lien --(for the costs and enses incurred by the -Association or the Declarant) against t�hSea cel containing the Building Site in the same manner as a lien or unpaid Assessments hereunder; and/or (ii) may pursue any other (edies allowed under this Declaration. C. Anything to h contrary herein notwithstanding, this Section 5. 5 shall not a 1 any Parcel in excess of fifty O (50) acres in size, except tha ner of such a ,Parcel shall take the necessary remedial ac ons o eliminate any dangerous conditions arising from such damage destruction in accordance with the time periods established in C t 5.5.A. above. Section 5.6 Certification. Immedia y upon completion of construction of an Improvement, the shall provide the Committee with an original certif from a duly registered/licensed architect certifying t Improvement was constructed in accordance with the Design Pla ARTICLE VI GENERAL COVENANTS Section 6.1 General. No Improvement of any kind shall be commenced, constructed, installed, erected, or placed within the Park until the Design Plans for such Improvement shall have been submitted to and approved in writing by the Committee as more 4 fully set forth in Article IV of this Declaration. There'shall be -15- 0862P Page 1 3 of 1743 ORB 5450 P9 1 124 no amendment(s) made to the Design Plans unless and until such amendment(s) have been approved in writing by the Committee in accordance with Article IV of this Declaration (except as otherwise provided in Section 4.4.D. herein) . SectAn 6.2 Use Regulations. The use of the Property (or any port reof) shall be in 'compliance with the Development Order, alllicable governmental land use regulations (unless a variance from has been duly approved in accordance with the Design Cri ria,Qand by the appropriate governmental body) , and the terms ov0011"iance -� - Declaration, and the use of the Common Areas shall be in with any rules and. regulations adopted by the Board of Dir s, all as may be amended from time to time. Section 6.3 D Aipf ge and Water Retention. Drainage and water retention facilitiese-01each Parcel must conform to the Water Management Plan, and be approved by the South Florida Water Management District. T efipter Management Plan has been adopted by the Declarant, and ma amended from time to time by the Declarant, subject to the approval by the South Florida Water Management District. y 4of the Water Management Plan shall be provided to each 0� n written request to the Association. Section 6.4 ' Noxious . or Offen 'v Activity. No noxious or offensive activity, including butited to, the use of �pi n firearms, explosives, hazardous protect iv evises or booby traps, shall be allowed on any portion of th erty, nor shall an Owner take any action that is or maye a nuisance or f. annoyance to the other members 'othe =�,�tion. Activity incidental to the proper use of a Parcel untion 6.2 shall not be considered to be in violation of this Section 6.4. Section 6.5 Subdivision or Combination of Parcels. No Parcel shall be subdivided (or resubdivided) into two or more Parcels, and no Parcel shall be combined with another Parcel for purposes of development, without the prior written approval of the Committee, the approval of which may be withheld in the sole and absolute discretion of the Committee. -16- 0862P Page 1 4 of 1743 ORB 5450 P9 1125 Section 6.6 Hazardous Materials. The Association and each Owner must comply with the Hazardous Materials Contamination Response Pians, a copy of which shall be provided to each Owner upon written request to the Association (as more fully discussed in AAti II herein) . 6.7 Governing Criteria. All Improvements within - the Park, l as the use and operation of the Parcels, shall be governed y,f,nd in compliance with,, the te'rms of this Declaration and the De�si.�gn r(pteria. Section ules and Regulations. Each Owner and Parcel 61 shall be subject any rules and regulations (governing the use and operation e^e Common Areas) adopted by the Board of Directors pursuant o/tJhe Bylaws. Section 6.9 Pu iic Land Use Regulations. The minimum standards, rules, and (dations of any applicable governmental body, board, agency or t%11ike hall be complied with by each Owner (subject to Articlherein) . In addition, in the development, use, and opea Parcel, an Owner must comply with all applicable go0 permits pertaining to the development, use, and operation Park as a whole, including those permits issued by governm bodies, districts, boards, departments and agencies. Section 6.10 Notice. Any 0$n other than Declarant) intending to sell or otherwise tranhis Parcel or the controlling interest in- the Owner (wherrmlicable) shall give written notice to the Association of such tion within twenty (20) days after the execution of the do reflecting such intention or, if no written document is inacrr3ved; within twenty (20) days after the oral agreement to sell or otherwise transfer the Parcel or controlling interest. Such notice shall include the name of the proposed transferees and/or assignees. Section 6.11 Insurance. In the event that an Owner's use of (� his Parcel causes an increase in the cost of insurance for the Common Areas or any other Parcel, then such Owner shall be responsible for paying such increase in cost. -1,7- 08.62P Page V 5 of 1743 ORB 5450 P9 1126 Section 6_12 Quantum Park Ground_ Water Monitoring Plan. The Association and each Owner must comply with the Quantum Park Ground Water Monitoring Plan dated August, 1987, prepared by Resource Engineering and Planning, Inc. and approved by the South FlorJdtr Management District, which Monitoring Plan may be ' amenDeclarant from time to time subject to the prior appr �f South Florida Water Management District. ARTICLE VII §Desc COMMONAREAS Section ri ption. All real property (and Improvements thereon) owned a leased by, or dedicated to, the Association shall constitute ommon Areas." The Association shall accept the appropriate inte4W in and to all property conveyed, leased and/or dedicated to ite Declarant. Section 7.2 Restrictions. Each Owner shall have a right and an easement to enjoyAandtheCommon Areas for thepurposes intended (which rightt shall be appurtenant to and shall pass with the ticel) , subject to: A. all provisions an to of this Declaration and the Exhibits hereto; B. the rules and regulat n� adopted from time to time by the Board of Directors; C. all restrictions of public !`r1e� �,rd; D. the right of the Assoc iatioTr% dedicate or transfer all or. any part of its right, title and est in the Common Areas (or part thereof) to any put?l'c ncy, authority, governmental body, unit of local government,�lity tin which event, such property shall no longer be a part of the Common Areas unless otherwise designated as Common Areas in writing by the Association and' the grantee) ; E. ' the right of the Declarant or the Association to take such steps reasonably necessary to protect the Common Areas against damage. F. the right of the Association to properly maintain, repair, and improve the Common Areas. _18- 0862P Page 1 6 of 1743 ORB :5450 P9 1127 G. the rights and easements of other Owners in and to the Common Areas. H. the rights of the general Public to use for the purposes intended all roadways and streets that are a part of the Commonas. the right of the Declarant and/or the Association to enter agreements with "outside owners" for purposes of allowing �i "outside owners" to use the Common Areas (or a part thereof) the purposes intended. For purposes of this 0 Declarationutside owner" shall mean a Person that owns land that is not a of the Property. ARTICLE VIII HELIPAD/HELIPORT The Association hep reserves the right to construct and install a helipad or ip�o=�,rrt or related facility (collectively referred to as "helicopti��ffacility") within the Common Areas. All costs associated with ructing, installing, maintaining, operating, repairing, a.nd im ro the helicopter facility, as well as all costs associated a licensing and permitting thereof, shall be assessed as of the Common Expenses. However, anything to the contras rein notwithstanding, no portion of the Common Expenses att le to the helicopter facility shall be assessed against any P, el in excess of fifty (50) acres in size, unless the Own ereof notifies the Association that said Owner elects to wai exemption rights under this Article VIII, in which casercel shall then become subject to its share of the Common Ex ttributable to the helicopter facility. Unless and until the Owner of a Parcel in excess of fifty (50) acres elects to waive its exemption rights under this Article VIII, such Owner shall have no right to use the , helicopter facility. In the event that the licensing and/or permitting process requires, the consent of any Owner, each Owner hereby appoints the Association to act as the Owner's agent throughout the licensing and/or permitting process, and agrees to -19- 0862P Page 1 17 of 1743 ORB 5450 Ps 1 128 execute the necessary application and/or consent forms required by the licensing and/or permitting authorities. ARTICLE IX MAINTENANCE, ALTERATIONS AND IMPROVEMENTS S ctio .1 As to Common Areas. A ssociation's Responsibility: Except as otherwise providis Article IX, the Association shall he responsible for th , repair, replacement, and improvement of the Common Area such expenses (except as otherwise provided in this Declarati hall be treated as and paid for as a part of the Common Expe However, should the need for maintenance, repair, replacemenimprovement be caused by the negligence 9a6Zer,of, or misuse by, his Lessee(s) , guests, or invitees, said Owner shall be T�y responsible for the costs of such maintenance, repair, repla ent, and/or improvement; and, the Association shall have a against such Owner's Parcel in the Q amount of such costs, which be foreclosed in the same manner as a mortgage against real pro B. Maintenance Contr he Association may enter into a contract with any Person' the management, operation, and/or maintenance of the Common eas, and/or any portion thereof, and may delegate to such Per�,d�y�l'1 the powers and duties of the Association, except as otherwi ronibited under the Declaration, the Bylaws or Articles of I ration, and/or the laws of the State of Florida. r Section 9.2 As to Parcels. Except as ise provided in this Declaration, each Owner shall have the"tion, at his sole cost and expense, to maintain his Parcel in a safe, clean and attractive condition at all times, in accordance with the aesthetic standards established for the Park. Ir, this regard, the Owner shall comply with this Declaration, the Rules and Regulations adopted by the Board of Directors, "and the Design Criteria, and shall be obligated to operate its drainage and water management system in a manner that complies with the Park's drainage and water management system. -20- 0862P Page 1; 8 of 1743 DRB 5450 P9 1129 Section 9.3 As to Outside Land. A. General. The Association has the authority t) maintain, repair, replace and improve (i) land that is not a part of a Parcel or a part of the Common Areas, and/or (ii) land that is not eluded within the Property, collectively the "outside land,' p ant to an agreement(s) with the owner(s) of said outsid nqj In connection with such agreement(s) the Associatl � authorized to provide the owner of the outside land with suffi enjnsurance and/or indemnification to protect such owner agains _meq ( loss, cost, damage or expense arising out of said agreement. ,5 expenses incurred by' the Association under such agreements shall be deemed to . be a part of the Common Expenses. (( �} B. . Street tine. (i) Thecation has the authority to enter into an agreement(s) witn tecity regarding the street lighting on N.W. 22nd Avenue and/or Ridge Road (north of N.W. 22nd Q Avenue) . Pursuant to such7ent(s)mthe Association would be responsible for all or a pa e costs associated with the maintenance and repair of such r lighting. Witn respect to said agreement(s) , the Associatio also authorized to agree to reimburse the City for the increas% the cost of insurance to the City caused by locating the strelj hting within the median of the above-referenced roads. (ii) In the event that sociation fails to comply with its payment obligations under agreement entered into with the City under this Section 9. ch Owner hereby agrees to contribute to the City his "proport a share" of such payment obligations (each Owner's "proportionate share" being determined in accordance with the formula described in Section. 10.2 of this Declaration) . If an Owner fails to contribute his proportionate share of such payment obligations within ten (10) days after receipt of written notice from the City, then the City shall have a lien against such Owner's Parcel in the amount of (a) the Owner's proportionate share of the Association's payment -21- 0862P Page 1 9 of 1743 ORB 5450 P9 1130 obligations, (b) interest thereon (from the date of the notice) at the highest rate allowed by law, and (c) reasonable attorney's fees and other administrative- costs incurred by the City in enforcing its rights against such Owner. The City shall have the right t foreclose such lien in the same manner as a mortgage agai t r property. (6iii) Specific reference to a street lighting agreemen �r this Section 9.3.B. shall not- in any way limit the AssTciatio s au"ority under Section 9.3.A. above. C. 22nd Avenue. It is contemplated by appropriate governmentalldie and agencies that N.W: 22nd Ave. ,will be widened in the ire to a 6-lane section. At such time as N.W. 22nd Ave. is ( o idened, the curbing and landscaping located within the public A -of-way abutting the Property shall be removed by the Associaat the Association's cost and expense. Section 9.9 Sat Preserve Preserve Areas. Anything to. the contrary herein notwithst the areas designated as sand pine preserve areas in the Eco 1 Plan and the areas otherwise required by the Treasure Coa genal Planning Council or the City to be preserved as san preserve areas, shall be maintained, repaired, replaced, improved in accordance with Article XVII hereunder. Section 9.5Platted Streets. S Land roadways dedicated to the Association pursuant to a plat or s of the Property (or a portion thereof) duly recorded in th lic Records of the ma County, shall be aintained by the Associin accordance with the City's standards for maintaining public and roadways. Section 9.6 Inspection by Association =mac Owner shall allow the Board of Directors (and the Board's agents and employees) to enter upon his Parcel for the purpose of inspecting same to determine if there are any factors or other matters threatening the Property (or, any portion thereof) and/or to determine if the owner and his Parcel are in compliance with, the provisions of this Declaration and the Exhibits hereto. Except in the case of a bona fide emergency, such entry shall be made at -22- 6862P Page 1 0 of 1743 ORB 5450 Pe 113 1 reasonable times and with reasonable advance notice. The right of entry and inspection granted under this Section shall not apply to that part of a Parcel that is located within the confines of a safety fence surrounding an electrical substation owned by a public lity company. Acti 9.7 Declarant's Right to Enter. The Declarant and its de a®, shall be entitled to enter upon any Parcel for purposes2/5�,rorelocating constructing, installing, altering, repairing, replacing utility, communications, and security lines, cables,' pipes, and other utility, communications and security faci itis s; provided, however, that in such event Declarant shall ly restore and repair the Parcel from the effects of such ac 0 Section 9.8 In ranee Proceeds. Whenever an Owner is responsible for any 1T5r costs covered by insurance maintained by the Association, the pr eeds of the insurance received by the Association for such los Dosts shall be used for the purpose of the necessary maintena repair or replacement, and such Owner shall be required to abl of the costs thereof that exceed the amount of the insurane eds. ' ARTICLE ASSESSMENT Section 10.1 Applicability-to Parce Commencing, as of the date that this Declaration is recordede Public Records of the County, each Parcel (except as pro in Section 10.9 herein) , shall be. subject to Assessment &pre specifically provided for in this Declaration and the Byl r spectively. No Owner_ may waive or otherwise escape liability for Assessments provided for herein by non-use of any of the property or services within or outside the Park, except as specifically provided in this'Declaration. Section 10.2 Uniform Rate of Master Assessments. All Assessments shall be at a uniform rate for each acre (and portion thereof) of each Parcel (not otherwise exempt under Section 10.9 -23- 0862P Page 1 1 of 1743 ORB 5450 Pg 1.132 below) in the Park. All Assessments shall be borne proportionately by each Owner based upon the number of acres .(and portion thereof) within his Parcel in relationship to the aggregate number of acres (and portion thereof) within all Parcels in the k. In determining the aggregate number of acres (and porti n reof) within all Parcels in the Park, the exempt propert f1bed in Section 10.9 below shall be excluded. Secti q �.3 Amount and Use. The Regular Assessments and other charges laected by the Association shall be in an amount sufficient to tp all costs, expenses, and liabilities incurred by the Association, i-gsluding but not limited to costs, expenses and liabilities inc in reqards to (a) the administration, maintenance, insta % repair, replacement, and operation of the Common Areas and they property for which the Association is responsible hereunder, he administration and operation of the Association, (c) carrying I t the purposes and duties of the Association, and (d) oblig for the payment of-property taxes and assessments against7m insurance coverage for - the Association's property, legal c(Zountinq, fees, security costs, management fees, utilities used _uhe Common Areas, cleaning services, expenses and liabilities rred by the Association in the enforcement of its rights and d a ainst Owners or others, the creation of reasonable reserves, 11 other expenses deemed by the Board of- Directors to be nary and proper for management, maintenance, repair, operati yr; administration and enforcement. Any portion of the Assessmen nd other charges remaining after the disbursements required ha shall be used for the promotion of the peace, health, safety, or general welfare of the Park. Section 10.4 Special Assessments. A. The Association, through its Board of Directors, shall also have the power and authority to levy and collect Assessments designated as Special Assessments for the following , purposes: the acquisition of property directly benefitting the Park; the construction, reconstruction, unexpected repair or -24- 0862P Page 1 2 of 1743 ORB 5450 Ps 1.133 replacement of a capital improvement, including the necessary fixtures and personal property related thereto; the payment of the sums necessary -to idemnify each Director and Officer of the Association in accordance with the terms of this Declaration and the Exh' its attached hereto; and the payment of other costs, expe es, nd liabilities not anticipated at the time of the adopti "e annual budget. All notices of Special Assessments from the iation to the members shall designate the date when the Specia Assesnment is due. B. Association may levy an emergency Special Assessment wh , in the sole determination of the Board of Directors, ther potential danger of damage to Persons or property. Such a r ncy Special Assessments may be utilized to pay for preventat protective or remedial construction, reconstruction, improts, repairs or replacements. Events justifying emergency Spec Assessments include, but are not limited to, hurricanes, s, and fires. Emergency Special Q Assessments shall be collec from Owners in such manner as the Board of Directors shall deter 5 4 Section 10.5 Due Dates. /e essments shall be due and payable on the date or dates fi y the Board of Directors as the due date, and such Assessments h��I be payable in advance in monthly, quarterly, semi-annual o (/ fnual installments, as determined by the Board of Directors. Section 10.6 Certificate. The iation shall, upon demand at any time, furnish to any Owner for a particular Assessment, a certificate in writing sign officer of the Association, setting forth whether said Asse has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. Section 10.7 Lien Rights. All Assessments, together with interest thereon from the due date at the maximum rate allowed by law, and the cost of collection thereof (including reasonable attorneys' , fees and administrative charges incurred by the Association) , shall constitute a continuing lien on the Parcel -25- 0862P Page 1 , 3 of 1743 ORB 5450' P9 1134 that shall bind such Parcel in the hands of the Owner, his heirs, devisees, personal representatives, ' successors and/or assigns, and shall also be the continuing personal obligation of the Owner of the Parcel. A Claim =of Lien pertaining to said lien, stating the descJedate f the' Parcel, the name of the, Owner, the amount due, and may be recorded in the Public Records of the Count Association at such time as an Assessment is not paid Section 10.8 Enforcement of Lien. Through its Board of Directors th ociation may bring an action to foreclose the Claim of LienZgai st the Parcel in like manner as a foreclosure of a mortgage Pin,� eal property, and/or bring a suit• on the personal obligatiot the Owner, and there shall be added to the amount owed, ts of preparing and filing the complaint in such action (includinlaingd, sonable attorneys' fees) , and in the event a judgment is such judgment shall also include interest on the obligai as above provided," the cost of D collection (including reaso attorneys', fees incurred in the action) , and the costs of the c .0 Section 10.9 Proviso. A. Anything to the con herein notwithstanding, the following Parcels shall be exempt the obligation to pay Assessments hereunder: (1) Any Parcels owned Declarant that are designated as sand pine preserve areas in Ecological Plan (as may be amended from time to time) , or Parcels owned by Declarant that are required by the Tr a Coast Regional Planning Council or the City to be preserved pine preserve areas. (2) That certain Parcel designated as Lot 51-B in that certain Quantum Park at Boynton Beach, P.I.D. Plat No. 4, recorded in Plat Book 57, at pages 186 through 188, inclusive, in the Public Records of the County, but said ,Parcel shall be exempt hereunder only for so long as said Parcel is held for use by Florida Power & Light Company as an electrical substation. -26- 0862P , Page V 34 of 1743 ORB 5450 P9 1 135 (3) Any Parcel owned by the Association. S. When an Institutional Mortgagee or other Person becomes an Owner upon- the foreclosure of the mortgage owned by the Institutional Mortgagee or as a result of a deed given in lieu of forec1 s a of such mortgage, such Institutional Mortgagee or othe e (and their successors and assigns) shall not be liable the unpaid share of Assessments attributable to the subject ged Parcel which became due prior to the acquisition of title the mortgaged Parcel by such Institutional Mortgagee or other PerUs a result of the Eareclosure, or deed in lieu of foreclosure, the unpaid share of the Assessments is secured by a claim of 1 or Assessments that was recorded prior to the recording of the u ject mortgage owned by the Institutional Mortgagee. The unp�hare of Assessments that is subordinated under this Section 10. E shall constitute a part of the Common Expenses collectible from all of the Owners, including such Institutional Mortgagee �Z'&ther Person. Except as otherwise provided in ,this Section 1 Dan Institutional Mortgagee (or other Person) becoming an w upon the foreclosure of the mortgage owned by the Institutil rtgagee or as a result of a deed in lieu of the foreclosure h of (and their successors and assigns) shall be liable for assess in the same manner as all other Owners in the Park. V AR'T'ICLE XI EASEMENTS Zil Section 11.1 Easement Rights of ant. Declarant reserves unto itself, its designees, su and assigns, perpetual easements over,_ upon, across, under, and/or through the Property (or any portion thereof) , at any time, without the need for any joinder, ratification or consent by the Association, any Owner, or any lienholder, provided, that said easements so reserved shall not (i) materially interfere with the uses for which the Property or any portion thereof are intended and/or (ii) create an unreasonable safety hazard. If requested, the j -27- 0662P Page 1 5 of 1743 ORB 5450 P9 1 136 Association, Owners and/or lienholders shall join in documents specifically describing the easements reserved hereunder for purposes of evidencing- same.` It is understood that such easements may be' used at Declarant's, (or its designee's, successor's, or assigns' option for any purpose, including, but not limited to, const uct' installing, using, maintaining, repairing, inspect extending -and/or replacing any and/or all: improveme and systems related to the Park wand/or the Development Order Facilities reasonably necessary to service or market the monitoring wells; electric, gas, water, sewer, security, drai ag , irrigation, and all utility systems (including, but t limited to, telephone, radio, cable television, sate i master antenna television, cable distribution, and a ommunications systems) ; landscaping and water areas; pedestricess; and/or loading operations. In addition, such easements served hereunder may be used for purposes of dredging any s and/or water management tracts D within the Park; for nauli fill, dirt, or other materials arising from the development Rark, and for harvesting sand From sand pine areas and for fo vrofQociation. itional sand pine preserve areas. Section 11.2 Easement Rights The Association shall have the power, through its Boa Directors, to grant to any Person perpetual easements over, uunder, across and/or through the Common Areas, in its own name without the joinder or approval of any Owner or lienholder, vided that said easements so created shall not maters I Andpermanently interfere with the uses for which the Common or any portion thereof are intended. Section 11.3 Easement Rights of Institutional Mortgagees. An easement is hereby granted to each Institutional Mortgagee for the purpose of access to the property subject to its mortgage. Section 11.4 Persons Bound; Beneficiaries. The easements set forth in this Article XI shall run with the land and shall be binding upon every Owner and every claimant of the Property or any -28- 0862P Pagel 1 56 of 1743 ORB 5450 Pe 1 137 portion thereof or of any interest therein, and their respective heirs, executors, administrators, personal representatives, successors and assigns and all Persons claiming' by, through or under such Persons. No action shall be taken that would signific tly interfere with the easement rights set , forth here' uld ' the intended creation of any easement fail for any reason, ony such easement deemed not to be so created shall neverthel e considered as having been granted directly to the Association foros d)he purpose ' of allowing the original party or- parties to w e easements were originally granted or reserved the benefit ch easement, and the Owners designate the Declarant and/or ciation as their lawful attorney in fact to execute any instmy on their, behalf as may hereafter be required or deemed ecessary for the purpose of creating or reserving such easement CLE XII D OBLIG OF OWNER Each Owner, by becoming hr,, agrees that he shall be personally responsible for the vm� f all obligations that may become liens against his Parceuant to this Declaration. Further, the amount of any lien gn� d to the Declarant and/or Association hereunder shall include, Whot be limited to, the costs of enforcing the lien (includi but not limited to reasonable attorney's fees) , and each su r n may be foreclosed in the same manner as a mortgage against r roperty. Further, in the event that an Owner owns more than o eel, a lien under this Declaration against any Parcel (the "LietMa cel") owned by said Owner shall also constitute a lien against all other contiguous Parcels owned by said Owner as long as any one of such Parcels is contiguous to the Liened Parcel. c -29- 0862P Page 11 57 of 1743 ORB 5450 P9 1 138 ARTICLE XIII STATUS AND WAIVER Section 13.1 Covenants. The terms contained in this Declaration shall be construed as covenants running with the land and joEmeAbers nure to the benefit of and be enforceable by the Declhe Association (which shall be deemed the agent for all for such purposes) , and by any Owner or,Owners. 3.2 waiver. The failure of any Person to enforce any covena or ®bligation herein contained shall in no event be deemed a wa� by that or any other Person of its rights to thereafter enfe'rce the same. No liability shall attach to the Declarant or anor for failure to enforce such covenants or obligations. ARTICLEXIV REMEDIES Section 14.1 Riqhts Declarant and Association for Violation by Owner. In vent that an Owner violates or threatens to violate any o ioS of: (i) this Declaration, (ii) the Rules and Regulations %6�111by the Board of Directors, (iii) the Design Criteria, and/oother rules, restrictions, regulations; and criteria adopted b� tai Board of Directors or the Declarant in accordance with this 4�t ation, the Association and/or Declarant shall have the right to: A. seek any available relieo law and/or equity, including but not limited to, damages and iive relief; and/or B. after five (5) days prior n to the Owner (except in an emergency, when no notice shal equired) , enter (or designate the proper Person or Persons to enter) upon the Owner's Parcel and/or any part of the Common Areas and summarily abate, cure, and/or remove any such violation without being liable for any manner of trespass; and/or C. charge the Owner -for all costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by the Association and/or Declarant in seeking and/or -30- 0862P Page 1 8 of 1743 ORB ' 5450 Pe 1 139 enforcing any of the remedies provided for herein, which charge shall constitute a lien against the Owner's Parcel in the same manner, and with the same enforcement rights, as the lien for unpaid Assessments described in Article X herein. Se on 14.2 Rights of Declarant for Violation b Ass In the event that the Association (i) fails to meet thenance standards established ' hereunder, (ii) makes or 0 approve unauthorized Improvements, (iii) fails to properly carryout duties, or (iv) otherwise acts in violation of this 0 i Declaration the Exhibits hereto or any rules, regulations, restrictions,��d criteria adopted by the 'Board of Directors or the Declarantccordance with this Declaration, Declarant, after five (5) fir rior notice to the Association, shall have the right to: A. enter up he Property as agent for the Association (which agency is co P edca,6 with an interest) and remedy the violation, without being e for any manner of trespass; and/or B. enforce the ' iation's obligations through any available legal and/or equita e tion; and/or 0 .C. seek any other available in law and/or equity; and/or D. be reimbursed for al 1� is and expenses (including, but not limited to, reasonable a orS' fees) incurred by Declarant in seeking and/or enforcing ny�f the remedies provided for herein.• ��) j ,,Section 14.3 Rights of Owners for V'b1' on b an Owner or Association. In the event that an Owne the Association violates or threatens to violate any%Lsion of this Declaration, or any rules and regulations adopted by the Board of Directors in accordance with this Declaration, any Owner (or group of Owners) may seek any remedy available in law and/or equity. Section 14.4 Attorney's Fees. In the event that attorney's fees are incurred in any level of litigation arising under this Declaration (including, but not limited to, trial and appellate proceedings) , the prevailing party shall be entitled to -31-- 0862P c` Page 1 59 of 1743 ORB 5450 N 1140 reimbursement from the other party (or parties) to the litigation for the costs and reasonable attorney's fees incurred by the prevailing- party. ARTICLE XV DURATION Thi l6ration, as amended, shall continue in full force and effect t the Property and the Owners thereof until January 1, 1017,() and shall, as then in force, be continued automatically without further notice, from such date for periods of tech'(10) years each, without limitation, unless at least six (6) mo prior to January 1, 2017, or at least six (6) months prior to th iration of any successive ten-year period, a termination of th�eclaration, approved by the City, shall have been recorded inPuhlic Records of the County (or other proper public recordin ffice) . Said termination of this Declaration must be execut d acknowledged by the President (or - D Vice-President) and Secret or Assistant Secretary) of. the Association, and must be a r aby the affirmative vote of (i) at least two-thirds (2/3) o h and of Directors, at least seventy five percent (75%) of thing Rights in the Park, and the City, or (ii) at least eighty f e� ercent (858) of the Voting Rights in the Park, and the City the event that this Declaration is terminated under this vision, or any other provision or Article contained herein, aRar Declaration shall, be executed and recorded in the Public Reof the County, if necessary to insure a continuation e operational, administrative, and maintenance services rmed by the Association hereunder. Declarant shall have no obligations or liabilities with respect to, or arising from, the termination of this Declaration. -32- 0862P Page 1 0 of 1743 ORB 54!5b Pe 1 -141 ARTICLE XVI INSURANCE Section 16.1 Liability Insurance. The Board of Directors shall obtain public liability and property damage insurance coverin I1 of the Common Areas and insuring the Association, the Boar of irectors, and the Owners as its and their interests appear "ch amounts as the Board of Directors may determine from ti time. If possible, all liabi ity insurance shall contain us's-1' bility endorsements to cover liability of the Owners as a ��to an Owner. Section 72 -Casualty Insurance. The Association shall obtain fire an a nded coverage insurance, flood insurance, if available, and lism and malicious mischief insurance, insuring all the it r ble improvements within the Common Areas and all personal propewned by the Association, in and for the interests of the Ass tion, all Owners and their mortgagees, as their interests may appcl�'t in an amount equal to the maximum insurable replacement val said improvements and personal property as determined annual y t8e Board of Directors. Section 16.3 Workmen's 'Co ns n Policy. The Association shall obtain a Workmen's Com tion Policy in an amount sufficient to meet the requirementst@[maw. Section 16.4 Other Insurance. �WS sociation. shall obtain such other insurance as the Board of Di ors may determine from time to time to be desirable. M Section 16.5 Individual LiabilityTars' nce. Each Owner shall be responsible for purchasing atwn expense all insurance applicable to his Parcel and peration of his business thereon. Such insurance, where applicable, shall contain the same waiver of subrogation, if available at a reasonable cost, as referred to in Section 16.6 hereinafter. l Section 16.6 Waiver of Subrogation. If available at a reasonable cost, and where applicable, the Board of Directors shall endeavor to obtain policies which provide that the insurer -33- 0862P Page 1 1 of 1743 ORB 5450 P9 1142 waives its rights of subrogation as to any claims against- Owners, the Association, and their respective servants, invitees, agents and Guests. Section 16.7, Insurance -Regarding Outside Land. ' The Assotary . authorized to obtain and maintain the insurance nececomply with any agreement entered into under Sectein. O ARTICLE XVII E CAL PLA D SAND PINE PRESERVE AREAS Section 17. G neral. Each Ow i r nd the Association shall abide by and comply with the Ecologica(1( J}an, a copy of which shall be delivered to each Owner upon �Je -n request to the Association. The Ecological Plan may b 11 nded from time to time by Declarant, subject to the prior wri en approval of the City and other governmental entities as mrequired by the Development Order. D Section 17.2 Sand Pine ve Areas. A. Declarant's Righ ,Sbligations. 1. Obligations. �f6 ant shall be responsible for performing the obligations " ifically set forth in the Ecological Plan as being the obligat of Declarant. 2. Rights. The Declexpressly reserves the right to convey-, lease, and/or develop, f 'ndustrial, office, or commercial purposes, any areas that are d by Declarant and designated as sand pine preserve areasi Ecological Plan, subject to the prior written approval City and other governmental entities as may be required a Development Order. In the event that such sand pine preserve areas are developed for industrial, office, or commercial purposes, such Parcel or Parcels shall be assessed, and shall be maintained by the Owner thereof, in the same manner as other Parcels in the Park. B. Association's Obligations. Except as provided in Section 17.2.A. above, the Association shall be -responsible for operating, maintaining, administering, repairing, and improving -34- 0862P Page 1 2 of 1743 DRB 5450 N 1 143 any areas owned by Declarant w;thin the Property that are designated as sand pine preserve areas in the Ecological Plan and any areas owned by Declarant within the Property that are required by the Treasure Coast Regional Planning Council or the City to be preserve as .sand pine preserve areas, and -the costs thereof shall be de ed be a part of the Common Expenses. cpertain Owner's Obligations. Areas within certain Parcelsdesignated as contingency areas under the Ecological Plan, and he)/r,,,ajreas within certain Parcels are required by the Treasure Coaanning Council or the City to be preserved as sand pinepre areas, and the Owner of such a Parcel shall have the respons' ty for preserving and maintaining such areas accordingly. ThisS tion 17.2.C. shall not apply to Parcels owned by Declarant,ssuch Parcels are to be maintained and preserved in accordance Sections 17.2.A. and 17.2.B. above. Section 17.3 Swam a_r4 Freshwater Marsn Habitat/Wetlands Surface Water Mana ement S A. Declarant's Ob ons. 1. The Declaran a6 establish or preserve (a) a vegitated littoral zone of ha io wamp and freshwater marsh habitat, (b) a wetland habitat, (c) a buffer zone of native upland vegetation around wetland an epwater habitats which are constructed or preserved by Declara 'thin the Park, all in accordance with the Development Order. 2. Upon the establishment he habitats in (a) and (b) above, ` Declarant shall implement year monitoring/ maintenance program to determine the succes urvival rates of the planted areas. The monitoring shall twice annually during this 2-year period, and the maintenance shall occur as often as necessary during this 2-year , period to control encroachment of pest exotic species. In the event that an 80% survival rate of the planted wetland species is not achieved at the end of, the 2-year -period, additional planting shall be undertaken by Declarant to achieve the required survival rates. -35- 0862P Page 1 3 of 1743 ORB 5450 As 1 144. 3. The Declarant's obligations herein may be changed upon written agreement by and among the Declarant, the City,, and other governmental entities as may be required by the Development Order. Association's Obligations. Except as provided in Sect n 3.A. above, the Association shall be responsible for operat' m�}ntaining, administering, repairing and improving the vegitate toral zone of hardwood swamp and freshwater marsh habitat w h othe Common 'Areas, the wetland and deepwater habitats (ay Efer zones of natural upland edge vegetation around same) +Jithi the Common Areas, and the Park's surface water management syste hin the Common Areas. ARTICLE XVIII COl �1NCE FOR PUBLIC USE Anything to the corary herein notwithstanding, the Association has the abs right to dedicate or convey, for Q public use, its right, titl terest in and to any portion of the Common Areas. The port�, N, ©the Property so dedicated or conveyed hereunder may be a fined by the appropriate governmental body or by the As tion. If the dedicated or conveyed property is to be maintai d� y ay a governmental body, the governmental body shall have a nigh /access to such property for purposes of maintaining said property ARTICLE XIX �- INTERNAL SECURITY FORGE -� An internal' security force ("Securi Fo ce") will be established within the Park by the Board of Directors. ' The Security Force shall be governed by rules and regulations adopted by the Board of Directors, and shall work . in cooperation with the City of Boynton Beach Police Department ("Police Department") . The Security Force and the Police Department shall be entitled to use the Association's principal office within the Park (or, if so designated by the. Association, a private, centrally-located -36- 0862P Page 1 4 of 1743 ORB 54511 P9 1-145 security facility building within the Common Areas) as the Park's security facility ("security facility") , for purposes of coordinating security efforts between the Security Force and the Police Department. All expenses incurred by the Association in connect' with this Article XIX shall be deemed to be a part of the o xpenses; provided, however, that any Owner of a Parcel in ex s of fifty (50) acres that maintains its own security 4 force ( ate security force") for its Parcel shall not be required tontribute to the expenses incurred by the Association in connectih this Article XIX, as long as such private security fo7i's been approved in writing by the Board of Directors. A e security force shall be approved by the Board of Director such private security force protects and secures the Owner's 1 in a manner at least equal to that of the Park's Security FSins The Security Force shall not enter upon a Parcel that rr an approved private security force, except in the case of a bode emergency. A C XX AME Section 20.1 General Proc UIA. Except as otherwise specifically provided in this Decle,on, any of the terms and provisions in this Declaration may .btoy ed or deleted, and/or new terms and provisions may be creaan amendment to this Declaration approved by the affirmativ sent of sixty-five percent (65%) of the Voting Rights in th t , except that an amendment changing the method of sha he payment of Assessments Under Section 10.2 herein mustpproved by' an affirmative consent of one hundred percent (100%) of the Voting Rights in the Park. The amendment shall be evidenced by a Certificate of Amendment executed with the formalities of a deed. The Certificate of Amendment need only be executed by the President or Vice President of the Association and attested by the Secretary or any Assistant Secretary of the Association unless otherwise provided in this Declaration, and shall include the -37- 0862P Page.1 65 of 1743 ORB 5450 P9 1 146 recording data identifying this Declaration and a certification executed by such Officer and attested by such Secretary attached thereto certifying that the.. amendment was made in accordance with the terms of this Declaration. SectJ n 20.2 Proviso. Anything to the contrary herein notw' st ing: O This Declaration may be amended by .Declarant at any time wio the joinder, ratification or approval of the Associatio o, any(,Pwner, or any lienholder, where such an amendment is specifiprovided for in this Declaration, and, - in addition, fo the purpose of (i) submitting and subjecting additional land the terms of this Declaration as set forth in Article XXT below,/ d/or (ii) changing the name of the Park. Such Amendment, whiff all be recorded in the Public Records of the County, need becuted and acknowledged only by the 115 Declarant. with the for li ies of the execution of a deed, and shall include reference e recording information identifying D this Declaration; and no C care of the Association shall be required. B. Until the Deglarai ifically elects in writing to terminate this right of c all amendments to this Declaration must be consented to i iting by Declarant, and in the absence of such consent the Amend all be null and void. C. Until the City of Boynton h specifically elects in writing to terminate this right oft, any amendment to Section 9.3.B. herein must be consented to riting by the City -of Boynton Beach, and in the absence of sul�_Qont the Amendment shall be null and void. D. Until the South Florida Water Management District specifically elects in writing to terminate this right of consent, any amendment affecting the Park's surface water management system must be consented to in writing by the South Florida Water Management District, and in the absence of such consent the Amendment shall be null and void. -38- 0862P Page 1 6 of 1743 ORB 545[7 Pe 1 147 ARTICLE XXI ADDITIONAL LANDS Declarant shall have the right to submit and subject additional land or lands and all improvements thereto and thereon ("Addit' al Land") , to. all or some of the terms of this Decl ati by recording i.n the Public Records of the County an instru e wAich shall (1) be executed by the Declarant and all record of the Additional Land with the formalities of a deed, (2) pecif?j which terms of the Declaration are to apply to such Additi and, (3) make reference to this Declaration, and (4) contain a N scription ,of the Additional Land. The Additional Landt be a part of the land subject to the Development Ordeed not be zoned as a Planned Industrial Development Diseclarant sh-all have the right to submit and subject ' such Addi1 Land to the terms of this Declaration as often as it chooses o do so, in its sole and absolute discretion, and without 'oinder, ratification or ' approval of the Association, any Owner lienholder. Upon the submission and subjection of Additio LNid to the terms of this Declaration, such land shall med to be a part of the Property and the owners of the ional Land shall be entitled to enforce the terms of this Decl ion, and shall likewise be subject to the terms hereof, as tho u of the Additional Land were submitted and subjected to the term this Declaration when the Declaration was originally recorded, larant shall comply with applicable governmental land use regu ns with respect to actions taken under this Article. ^� ARTICLE XXII RIGHTS APPURTENANT TO LOT 55 Anything in this Declaration (and the Exhibits hereto) to the contrary notwithstanding, the following rights shall be appurtenant to that certain Parcel designated as Lot 55, according to that certain Quantum Park at Boynton Beach, P.I.D. Plat No. 5, recorded in Plat Book 57, at pages 189' and 190, in the Public -39- 0862P Page 1 37 of 1743 ORB 5450 P9 1 148 Records of the County ("Lot 55") , only for so long as the "original Owner" (defined below) of said Lot 55 is the Owner of said Lot: A. For purposes of this Article XXII, the "original Owner" o Lot 55 shall be the first Owner of Lot 55 subsequent to Decl ant ©The original Owner of Lot 55 shall be entitled to use sai 55 as a grocery distribution center without being in violationthid Declaration or the Exhibits hereto (subject to applicableland use regulations) . C. a original Owner of Lot 55 shall be entitled, unless otherwis p luded by law, to select one (1r) member of the Board of Directors t�all times, and to select the replacement for such member in thent that such member selected by such original Owner vacate ,� r any reason, his or, her position as a member of the Board of rectors. D. The rights ed under this Article XXII shall not Q be modified or changed wit he express written consent of the original Owner of Lot 55. 0 E. At such time as I ' inal Owner of Lot 55 is no longer the Owner of said Lot 55provisions of this Article D XXII shall be null and void. ARTICLE XXIII HAZARDOUS WASTE/HAZARDOUS MATERIALS CONT ION RESPONSE PLANS A. Each Owner that uses, handl tores, or displays hazardous materials, or generates hazard to (which shall consist of the 129 priority pollutants, v organics, and trace materials referred to in the Clean Water Act, administered by the Environmental Protection Agency, as amended from time to time) must: (i) construct an appropriate spill containment system, designed to hold spilled hazardous materials for cleanup and to prevent such materials from entering the storm water v -40- 0862P Page:1 8 of 1743 ORB 5450 Ps 1 149 drainage system, and serving all structures or areas where hazardous materials are used, handled, stored or displayed, or where hazardous waste is generated; and, (ii) develop an early warning monitoring program; and, (iii) remediate any contamination. The co m r t system and monitoring program shall be approved by the Sou rida Water Management District and the Department of Environme 1 Re lation. B. the extent applicable, the Association and each Owner shallimply with the terms of the Hazardous Materials Contamination R se Plans (as amended from time to time by the Declarant with th C' y's prior written approval, in consultation with the South Flor4�`Water Management District, the Palm Beach County Emergency Prt�rdness Division, the Department of Environmental Regulation, a d the Treasure Coast Regional Planning Council) . A copy of Hazardous Materials Contamination Q Response Plans shall be del' to an Owner upon written request to the Association. 0 C. Each Owner hereby 'nd Eies and agrees to hold the Association, the Declarant, and embers of the Committee, and their respective successors, heirs 4, assigns harmless from and against any loss, claim, liability, damages (including, but not limited to, costs and attorneys'0 es) incurred by the indemnified party as a result of any ac suit, investigation, or proceeding pertaining to or arising the indemnifying Owner's use, storage, handling, release, o duction into the , Venvironment, of any hazardous waste, =us materials, regulated chemicals, or other regulated substances. D. The Association shall have the authority to purchase the insurance necessary to help protect the Association (and named additional, insureds) from any loss, claims and/or liability pertaining to or arising from an Owner's (or Lessee's) use, storage, handling, release, or introduction into the environment, of any _hazardous waste, hazardous materials, regulated chemicals, -41- 0862P I Page 1 9 of 1743 ORB 5450 Pe 11 50 or other regulated substances, and shall have the authority to name the Declarant and/or the members of the Committee, and their respective successors, heirs and assigns as additional insureds. The cost of such insurance shall be deemed to be a part of the Common E enses. 0 ARTICLE XXIV NOTICE Any nit Pice �r other communication to an Owner (other than Declarant) s. be deemed properly given only when mailed in the U.S. mail or7nd delivered to the address of the Owner as set forth in the s iation's files. It shall be the Owner's responsibility to �e his address current with the Association. Any notice or othe communication to Declarant shall be deemed properly given only wailed in the U.S. mail, registered mail or certified mail, return ceipt requested, to the Declarant at 2455 East Sunrise Avenue, a 1106, International Building, Fort D Lauderdale, Florida 33404, such other address provided by Declarant to the Owners and spyciation. Any notice or other communication to the Associati be deemed properly given only when mailed in the U. S. mregistered mail or certified 4 7'.mail, return receipt requested, or h�jd delivered (and receipted for) , to the Association at 2455 Eas se Avenue, Suite 1106, International Building, Fort Lauderdale orida 33404, or such other address provided by the AssociatiOt the Owners and the Declarant. ARTICLE XXV RIGHT TO MODIFY, CANCEL, OR LIMIT Anything to the contrary herein notwithstanding, Declarant specifically reserves the absolute and unconditional right, without any joinder, ratification or approval of the Association, any Owner or any lienholder, to alter, modify, change, revoke, rescind, limit or cancel any of the terms contained in this Declaration and/or to add new terms to the Declaration, when required to do so by any applicable governmental authority. -42- 0862P Page 1 0 of 1743 ORB 5450 P9 1151 ARTICLE XXVI ASSIGNMENT .Any and/or all of the rights, powers, obligations, easements and •esta s ("rights and obligations") reserved by or granted to, the cla t hereunder may be assigned by the Declarant. The assign s4411 be (a) in writing, �Jb) recorded in the Public RecordsVoevidnncing e County, and (c) joined in by the assignee for purposes assignee's acceptance oC the rights and o obligationsssigned. After any such assignment by the Declarant, Dec-Wrant shall be relieved and released of all rights and obligations igned. ARTICLE XXVII EVERABILITY The determination o an Court that any provision of this Declaration is unenforceab 'nvalid or void shall not affect the Q enforceability or validity o other provisions hereof. ARTICLW APPLICABLENUE This Declaration shall be inter re�,�}according to the laws of the State of Florida, and the proper of any actions arising hereunder shall be Palm Beach County, Flom ARTICLE XXIX �- CAPTIONS u The captions used in this' Declaration "ibits annexed hereto are inserted solely as a matter of convenience and shall not be relied upon and/or used in construing the effect or meaning of any of the text of this Declaration or Exhibits hereto annexed. I 1 i -43- 0862P v Page. 1 of 1743 ORB 5450 Pe -11-52 ARTICLE XXX SINGULAR/PLURAL - MASCULINE/FEMININE Words used herein in the singular shall include the plural (and vice versa) , and words in the masculine shall include words in tIfinine or neuter gender (and vice versa) , unless the text theressly requires the contrary. 0 ARTICLE XXXI 0 VETO POWER Until tto right under this Article XXXI is specifically waived in w`�-3'tin by Declarant, Declarant hereby expressly reserves the r to veto any or all of the following events and/or actions, apon such veto, such vetoed events and/or actions shall be nul zn void: A. AdoptionP Association budgets, annual or otherwise, which const, ute a change of at least fifteen (15%) percent (over or under) f e prior year's budget; Q B. Approval or roval by the Committee of any Improvement within the Park; 0 C. Attempted resubdi� f the Property, or any part thereof; D. The entering into ea4gement contracts by the Association; E. Attempted relocation, term ,on, or conveyance of M, any Common Areas; F. Assessment for capital impro� is imposed by the Association; G. Attempted settlement of any � made by the Association to collect upon any policy of casualty insurance which insures the Common Areas; H. Attempted cancellation or reduction • of insurance coverage insuring all or any part of the Common Areas; I. Attempted dissolution of the Association. -44- 0862P Page 1 2 of 1743 ORB 5450 Pe 1 153 ARTICLE XXXII DISSOLUTION OF ASSOCIATION In the event the Association is dissolved, the Common Areas shall be conveyed to: (1) a non-profit corporation that is orga4tfp, r purposes -similar to those of the Association, or (2) mental body or public agency. The entity or entities ("Ne '� to which the Common Areas are conveyed shall .then assuigations of the Association hereunder regarding said Common Aruel, an6 the New Entity shall have the same assessment, lien and eni1vrt ent rights against the Owners and Parcels as the Association ham' he eunder. In the event that no such -conveyance is made under ( (2) above, and the Association is dissolved, the Association ti , nevertheless, continue to exist as an unincorporated meorganization with the same rights and obligations of the Assa�ion hereunder. LS tPR XXXIII RESTRICTIONS OVER LESS STRINGENT GOVERNMEN CATIONS Where the covenants a r ictions set forth in this Declaration impose minimum s rds more stringent than governmental standards and regut ns, the covenants and restrictions in this Declaration shavail, unless otherwise precluded by Florida law. ARTICLE XXXIV LESSEES �s t/ Owners shall be responsible for all actszktions of their Lessee(s) . Lessees shall comply with this Declaration (and the Exhibits hereto) , as well as any rules, regulations, restrictions and criteria adopted by the Board of Directors or the Declarant hereunder, in the same manner as an Owner, and any violation of same by a Lessee shall be treated as a violation by the Owner. I k[ff I -45- 0862P i Page 1� 73 of 1743 � 9 •I ORS 5450 P9 1154 ARTICLE XXXV AMENDMENTS TO GOVERNMENTAL LAND USE REGULATIONS With respect to any Parcels owned by Declarant, they Declarant hereby reserves the right to amend at any time, and from time to time, th Development Order, the Master Site Development Plan, the City' Zo g and/or Comprehensive Plan designation, and any Plat of pub 1 e�rd, without any approval, consent, or joinder of any Owner, a or the Association. In the event that the applicablet�ynholder, overy5ental body requires the approval, consent and/or joinder of wner, lienholder, or the Association, then the Declarant is Treb appointed as the agent for such parties for purposes of si any and all documents required by such governmental body141gn nnection therewith, and/or such parties shall be required the approvals, consents, and joinders necessary to carry oe amendments Tieie- nder. In connection with any amendments ur. r this Article, the Declarant and/or the Association shall have tthority to alter, realign, or convey Q a portion of the Common A Nd ovided that the rights of the Owners are not significant adversely affected by such alteration, realignment or convai ARTICLE iL MORTGAGEE.CONSENTTANCE In the event that The Chase Manhattan/n( -BCaank (N.A.) , a national banking association (the "Bank") or other= son acquires the fee simple title to the Property (or pal hereof) upon the foreclosure of the Bank's "Mortgage" (de ie� ` 'n the following sentence) or upon delivery of a deed in lieueclosure of the Bank's "Mortgage", the Bank or Person acquiring such title shall be entitled to exercise any and/or all of the rights of Declarant under this Declaration, and Declarant shall execute the documents necessary to evidence such rights. For. purposes of this Article the Bank's "Mortgage" shall mean and refer to the Building Loan Mortgage (and all amendments thereto) described in the Consent and Acceptance of Mortgagee annexed to this Declaration. -46- 0862P Page 1 74 of 1743 ORB 5450 P9 1155' ARTICLE XXXVII EFFtCTIVE DATE OF THIS DECLARATION This Declaration shall become effective upon its recordation in the Public Records of the County. WI SS WHEREOF, the Declarant has caused this Declaration to be, executed by a General Partner this �� day of October, SIGNED, SEAL" DELIVERED IN THE PRESEN QUANTUM S IATES b (1) A By: Edward B. Deutsch, (2) a as General Partner STATE OF FLORIDA ) )SS. COUNTY OF BROWARD The foregoing instrume�Vry © s acknowledged before me this day of October, 1997, by EDWDEUTSCH, as General. Partner of QUANTUM ASSOCIATES, A Florida �01 Partnership, on behalf of the Partnership. Public Mcommission expires: % $ARYBLIC STATE OF FLORIDA EXP. APR 24,1989 EkERAL IAS. uAD. v -47- 0962P Page 1 5 of 1743 ORB 5450 P9 1156 JOINDER AND ACCEPTANCE OF ASSOCIATION FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC. , a Florida nonprofit corporation, hereby agrees to accept all of the benefits and all of the duties, responsibilities, obligations, and 'burdens imposed upon it by the provisions of this Declaration and exhijarida ached hereto. ESS WHEREOF, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC. nonpro€it corporation, has caused these presents• to be nd in its name by its President, this tL— day of Octo SIGNED, SE'IED AN DELIVERED QUANTUM K PROPERTY PRESENCE OF: OWNERS' OCIATION, INC. (1) JA7 By: is President (2) (CORPORATE "SEAL) STATE OF FLORIDA SS. COUNTY OF BROWARD p � The foregoing ins ument was acknowledged before me this AL day of October, 1987, by . RD B. DEUTSCH, as President of QUANTUM PARK PROPERTY OWNERS' S CIATION, INC. , a Florida nonprofit corporation, on behalf of rporation. \��j otary Public (NOTARIAL IMPRESSION Commission Expires: SEAL) NOTARY PUBLIC STATE OF FLORIDA Y COMMISSION EXP, APR 24,1909 DARED THRU GENERAL INS. UND. a -48- 0862P Page 1 6 of 1743 yam.....e.cr.+.w,.+u+..•raves...aw+»,..i...i..T....'......r.,rvrm+e.v�...c.-,,,..--•-•--.,'-.,.........,-. -.. ORB 5450 P4 1.157 CONSENT AND ACCEPTANCE OF MORTGAGEE FOR GOOD AND VALUABLE CONSIDERATION, receipt whereof is hereby acknowledged, The Chase Manhattan Bank (N.A.) , a national banking association, the owner and holder of that certain Building Loan Mortgage recorded in Official Records Book 4696, Page 58, in the Public Records of Palm Beach County, hereby consents to and accepts the terms and provisions of the foregoing Declaration of Protective Covenan and consents to the recording of said Declaration in the Public rds of Palm Beach County. WITNES THE CHASE MANHATTAN BANK (N.A.) , 0 A National Ba c g A o tion � 1 (1) By:. Its Vice P esident (2) Edward Shevlin, Jr. STATE OF COUNTY OF •'��«' ` ) The foregoing ument was acknowledged before me this /3 1� day ofy 1987, by _Edward Slievl _ Sr, r as Vice President of Tggg ��C��H,-,ASE MANHATTAN BANK (N.A.) , a national banking association, on bel of said Association. atary Public (NOTARY SEAL) Commission Expires: HERINE INDIMIN$ _ ry Pubtic,State of New York No. 41.5839110 d11fied In Queens County ( 1 Cp�7nission Expires April 6, 1989 Ct' ` � r -49- 0862P Page 1 7 of 1743 ORB 5450 P9 1 15 101487-3 1885P ALL OF THE PROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 1-A, RECORDED IN PLAT BOOK 57, AT PAGES 180 AND 181, IN THE PUBLIC RECORDS- OF PALM BEACH C NTY. AND ALLPROPERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF QUANTU P K T BOYNTON BEACH, P.T.D. PLAT NO. 1, RECORDED IN PLAT BOOK 57 GES 182 AND 183, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. © AND ALL OF THERTY PLATTED PURSUANT TO THAT CERTAIN PLAT OF QUANTUM PARK*PS YNTON BEACH, P.I.D. PLAT NO. 2, RECORDED IN PLAT BOOK 57, AT 184 AND 185, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. 10"-- AND ALL OF THE PROPE TTED PURSUANT TO THAT CERTAIN PLAT OF QUANTUM PARK AT BOYN EACH, P.I.D. PLAT NO. 4, RECORDED IN PLAT BOOK 57, AT PAGES 86 THROUGH 188, INCLUSIVE, IN THE PUBLIC RECORDS OF PALM BEACHY. �/ AND ALL OF THE PROPERTY PL T PURSUANT TO THAT CERTAIN PLAT OF QUANTUM PARK AT BOYNTON BE I.D. PLAT NO. 5, RECORDED IN PLAT BOOK 57, AT PAGES 189 AND 1 N THE PUBLIC RECORDS OF PALM BEACH COUNTY. C� ALL OF THE PROPERTY PLATTED TO THAT CERTAIN PLAT OF QUANTUM PARK AT BOYNTON BEACH, ;P. .��. PLAT NO. 6, RECORDED IN PLAT BOOK 57, AT PAGES 191 THROUGH INCLUSIVE, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. AND ALL OF THE PROPERTY PLATTED PURSUANTTHAT CERTAIN PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PL 7, RECORDED IN PLAT BOOK 57, AT PAGES 194 AND 195, IN THE PU ECORDS OF PALM BEACH COUNTY. AND ALL OF THE PROPERTY PLATTED PURSUANT TO TH ERTAIN PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT N ECORDED IN PLAT BOOK 57, AT PAGES 196,,AND 197, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. AND A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM BEACH, STATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER (W 1/4) CORNER OF SAID SECTION 16; THENCE SOUTH 88°2832" EAST ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 16 A DISTANCE OF 706.07 FEET; THENCE SOUTH 01°31'28" WEST A DISTANCE OF 120.92 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF N.W. 22ND AVENUE, AS SAID RIGHT-OF-WAY IS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 2228 PAGE 577 OF THE PUBLIC RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE SOUTH , 86°17'07" EAST ALONG SAID SOUTH RIGHT-OF-WAX LINE A DISTANCE OF 607.72 FEET TO THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD ALL FLORIDA RAILWAY EXHIBIT "A" Page 1 8 of 1743 DRB 5450 Ps 1 159 RIGHT-OF-WAY; AS SAID RIGHT-OF-WAY LINE IS DESCRIBED IN FINAL JUDGMENT (TRACT ONE) OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, PALM BEACH ,COUNTY, RECORDED IN MINUTES CIRCUIT COURT, NO. 14 AT PAGE 470, AND DATED APRIL 15, 1926; THENCE SOUTH . 14°08'00" WEST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 1,188.51 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 16; THENCE NORTH 88°46'25" WEST ALONG SAID SO H LINE A DISTANCE OF 472.10 FEET TO THE EAST RIGHT-OF-WAY LINE OF GH RIDGE ROAD AS SAID RIGHT- IS SHOWN ON THE PLAT OF PARK AT BOYNTON BEACH, P. I.D. PLAT NUMBER 6, THENCE ALON SAI AST RIGHT-OF-WAY LINE THROUGH THE FOLLOWING 4 NUMBERED COURSE DISTANCES. 1) NOR °10' 59" EAST A DISTANCE OF 343.76 FEET TO THE BEGI OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1,600. ET AND A CENTRAL ANGLE OF 14°42'16". 2) NORTHERLONG THE ARC OF SAID CURVE A DISTANCE OF 410.63 FEET' TO P OF TANGENCY. 3) NORTH 00°3 17" WEST A DISTANCE OF 416.77 FEET. 4) NORTH 46035' AST A DISTANCE OF 36. 64 FEET TO THE POINT OF BEGINNING: 0"-,-,� AND -A PARCEL OF LAND LYING IN-,SECTION 17, TOWNSHIP 45 SOUTH, RANGE 43 EAST, COUNTY OF PALM B STATE OF FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH O ARTER (N 1/4) CORNER OF SAID SECTION 17; THENCE NORTH 89°16' 2 S'C ALONG THE NORTH LINE OF SAID SECTION 17 A DIS'T'ANCE OF 65 FEET TO THE EAST LINE OF THE WEST ONE-HALF (W 1/2) OF RTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 17; THENCE SOUT '05" EAST ALONG SAID EAST LINE A DISTANCE OF 54.00 FEET TO A �N THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD AS SAID RIGHT-OIS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 4594, 1 OF THE PUBLIC RECORDS OF SAID COUNTY. SAID POINT ALSO BE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EAST LINE WI BEARING OF SOUTH 00003'05" EAST A DISTANCE OF 2571.44 FEET THE EAST-WEST ONE-QUARTER . (EW 1/4) LINE OF SAID SECTION 17; NCE NORTH 89008'39" EAST ALONG SAID EAST-WEST ONE-QUARTER ( LINE, A DISTANCE OF 356.29 FEET TO A POINT ON THE NOR Y RIGHT-OF-WAY LINE OF NORTHWEST 22ND AVENUE AS SAID RIGHT-0 WAY IS DESCRIBED IN DEEDS RECORDED IN OFFICIAL RECORD BOOK 1738, E 1686 AND OFFICIAL RECORD BOOK 4594, PAGE 1454 OF THE `5UBL CORDS OF SAID COUNTY SAID POINT BEING ON AN ARC OF A CURVE CON 'OUTHERLY, (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORT 51'50" WEST) THENCE TRAVERSING ALONG SAID .NORTHERLY RIGHT-OF- LINE THROUGH THE FOLLOWING 2 NUMBERED COURSES AND DISTANCES: 1) SOUTHWESTERLY ALONG THE ARC OF SAID CUR NG A RADIUS OF 1,691.02 FEET AND THROUGH A CENTRAL IACOF 23°22'04" A DISTANCE OF 689. 68 FEET TO A TANGENT LINE; 2) SOUTH 46046'06" WEST ALONG SAID TANGENT LINE A DISTANCE OF 614.71 FEET TO THE , EASTERLY RIGHT-OF-WAY LINE OF QUANTUM BOULEVARD AS SAID BOULEVARD IS SHOWN ON THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, PLAT NO. 2, THENCE, 'T'RAVERSING ALONG THE RIGHT-OF-WAY LINE OF SAID QUANTUM BOULEVARD AS SAID RIGHT-OF-WAY IS SHOWN ON SAID PLAT THROUGH THE FOLLOWING 11 NUMBERED COURSES AND DISTANCES: 1) NORTH 88°13'54" WEST A DISTANCE OF 35.36 FEET; 2) NORTH 43013'54" WEST A DISTANCE OF 22.77 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 450.00 FEET AND A CENTRAL ANGLE OF 62°13' 54".; -2- 1885P Page 1 1 79 of 1743 _ ORB 5450 Pe 1160 3) NORTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 488.77 FEET TO A POINT OF TANGENCY; 4) NORTH 19000'00" EAST A DISTANCE OF' -620.00 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 686.70 FEET AND A CENTRAL ANGLE OF 58000'00"; 5) NORT WESTERLY ALONG THE ARC OF. SAID CURVE A DISTANCE OF 697.17 FEE 0 A POINT OF TANGENCY; 6) H 9°00'00" WEST* A DISTANCE OF 230.00 FEET TO THE B G OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 55 EFbT AND A CENTRAL ANGLE OF 131°54'17"; 7) WEST ND SOUTHERLY ALONG THE ARC 'OF SAID CURVE A DISTANCE OF 12 FEET TO A POINT OF TANGENCY; 8) SOUTH 09° '043" WEST A DISTANCE OF 280.00 FEET TO THE BEGINNIN A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 6,887.50 ND A CENTRAL ANGLE OF 03°28'30"; 9) SOUTHWESTERLY NG THE ARC OF SAID CURVE A DISTANCE OF 417.73 FEET TO A PO F TANGENCY; 10) SOUTH 12°34'IA '*EST A . DISTANCE OF 287.98 FEET TO THE BEGINNING OF CONCAVE NORTHWESTERLY HAVING A RADIUS OF 450.00 FEET ANDRAL ANGLE OF 67039159"; 11) SOUTHWESTERLY ALONG ARC OF SAID CURVE A DISTANCE OF 531.45 FEET TO THE CENTER OF THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL AS SAID CANAL IS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 4788, PA y 983 OF THE PUBLIC RECORDS OF SAID COUNTY; (� THENCE, DEPARTING FROM THE -OF-WAY OF SAID QUANTUM BOULEVARD AND TRAVERSING ALONG THE CE E OF SAID E-4 CANAL THROUGH THE FOLLOWING 5 NUMBERED COURSES A D TANCES; 0 1) NORTH 07°10'49" WEST A OF 190. 52 FEET TO THE BEGINNING OF A CURVE CONCERLY HAVING A RADIUS OF 750.00 FEET AND A CENTRAL ANG 9"45'02"; 2) NORTHEASTERLY ALONG THE 'ARC OF CURVE A DISTANCE OF 258.53 FEET TO A POINT OF TANGENCY; 3) NORTH 12034'13" EAST A DISTAN OF 271.47 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTEFT=rX( HAVING A RADIUS OF •6,500.00 FEET AND A CENTRAL ANGLE OF (fy 130"; 4) NORTHERLY ALONG THE ARC OF SAID-CURV DISTANCE OF 394.23 FEET TO A POINT OF TANGENCY; 5) NORTH 09°05'43" EAST A DISTANCE OF 9 FEET TO THE WESTERLY PROLONGATION OF THE SOUTH RIGHT-0 AY LINE OF SAID MINER ROAD; THENCE TRAVERSING ALONG SAID WESTERLY PROLONGATION AND THE SOUTH . RIGHT-OF-WAY LINE OF MINER ROAD THROUGH THE FOLLOWING 5 NUMBERED COURSES AND DISTANCES: 1) NORTH 89016121" EAST A DISTANCE OF 148.15 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2,354.00-FEET AND A CENTRAL ANGLE OF 07°50'43"; 2) EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 322.32 FEET TO A TANGENT LINE; 3) NORTH 81°25'38" EAST ALONG SAID TANGENT LINE A DISTANCE OF , 446.45 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2,246.00 FEET AND A CENTRAL ANGLE OF 07°50'43"; -3- 1885P Page 1 0 of 1743 ORB 5450 P9 1161 4) EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 307.54 FEET TO A TANGENT LINE; 5) NORTH 89°16'21" EAST ALONG SAID TANGENT LINE A DISTANCE OF 773.50 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: A parr land lying in Section 17, Township 45 South, Range 43 East, Co y of Palm Beach, State of Florida, and more parti u described as follows: Comment Othe North one-quarter (N 1/4) corner of said Section 17; then outh 89° 16' 21 West along the North line of the Northwest quarter (NW 1/4) of said Section 17 a distance of 621.66 fe to the East right-of-way line of the Lake Worth Drainage DistrilqP Equalizing Canal E-4 as said right-of-way is described inrecorded in Official Record Book 1732, Page 612 of the Publi rds of said County; thence, South 09° 05' 43" West along sa East right-of-way line a distance of 160.35 feet to the proposedS th R/W line of Miner Road and the point of beginning; then ntinue South 09005143" West along the East right-of-way lin said E-4 Canal a distance of 842.77 feet; thence, South 80° East a distance of 216.01 feet; thence, North 67°00133" E distance of 318.88 feet; thence, South 13021137" East aloe. North prolongation of a radial line a distance of 402.52 f t to a point on the arc of a curve, concave to the South having as of 550.00 feet and a central angle of 64121137 thence, Eas and Southerly along the arc of said curve a distance of 617. 1 feet to a point of cusp; thence, North 391100100" West a distant 215.00 feet to the beginning of a curve concave to the Eas ving a radius of 650.00 feet and a central angle of 65130'00 %5thence, , Northerly along the arc "of said curve a distance of 74 to a point of reverse curve, which is a curve concave weaving a radius of 1320.00 feet and a central angle of 25° Northwesterly along the arc of said curve a distaP6.48 feet to a point on the proposed South R/W line oad, said .right-of-way line being a curve concave to ving a radius of 2246.00 feet, and a central angle a radial line passing" through said point bears North 9" West; thence, westerly along the arc of said curve a dista f 126.88 feet to a tangent line; thence, South 81025138" West nce of 446.45 feet to the beginning of' a curve concave to e rth having a radius of 2354.00 feet and a central angle of 50'43 thence, Westerly along the arc of said curve a distance of 2.32 feet to a tangent line; thence, South 89016121" West al g said tangent line a distance of 59.35 feet to the point o inning, lessing and excepting therefrom a parcel of wetland 1 ing in Section 17, Township 45 South, Range 43 East, County m Beach, State of Florida, and more particularly described as s: Commencing at the North one-quarter (N 1/4) cor of said Section 17; thence South 890 16' 21" West along t h line of the Northwest one-quarter (NW 1/4) of said Section 17 a distance of 621.66 feet to the East right-of-way line of The Lake Worth Drainage District Equalizing Canal E-4 as said right-o£-way is described in Deed recorded in Official Record .Book 1732, Page 612 of the Public Records of said County; thence; South 09° 051 43" West along said East right-of-way line a distance of -160.35 feet to the proposed South R/W line of Miner Road thence, North 89016121" East along said South right-of-way line a distance of 59.35 feet to the beginning of a curve concave to the North having a radius of 2354.00. feet and a central angle of 05°46127"; thence, Easterly along the arc of said curve a distance of 237.23 feet to the point of beginning; thence, traversing along the limits of a parcel representing 3.800 acres of wetlands through the following 19 numbered courses and distances: -4- 1885P P.age 1 1 of 1743 ORB 5450 Pe 1162 1) South 000 43' 39" East a distance of 303.48 feet; .2) South 81° 07' 33" East a distance of 62.13 feet; 3) South 700 01' 59" East a distance of 84.82 feet; 4) North 620 26' 00". East a distance of 53.48 feet; 5) North 720 12" 44" East a distance of 38.78 feet; 6) North 52° 49' 36" East a distance df 20.10 feet; 7) North 440 39' 48" West a distance of 33.89 feet; 8) North 350 31' 41" East a distance of 22.44 feet; 9) outh '500 44' 13" East a distance of 12.29 feet; 10) rth 870 58" 28" East a distance of 308.11 feet; 1 th 020 05' 16" West a distance of 67.86 feet; 121 th Q50 07' 19" West a distance of 40.44 feet; 13) rth 110 00' 23" West a distance of 56.23 feet; 14) o P 150 02' 07" West a distance of 30.08 feet; 15) 240 04' 50" West a distance of 28.20 feet; 16) 470 17' 3411 'West a distance of 5.22 feet; 17) 4611 03' 51" West a distance of 126.85 feet to the South 'qht--of-way line of said Miner Road; 18) Sou ° 25' 38" gest along said South right-of-way line a de of 340.09 feet to the beginning of a curve conca to the North having a radius of 2354.00 feet and a central gle of 02° 04' 16"; 19) Westerl ng the arc of said curve a distance of 85.10 feet to int of beginning. - �b -5- 1885P. Page 1 32 of 1743 ORB 5450 P9 1163 ZVcZINCHHER H .� to rx °cV-'' Z w� '� Wit_ � �rnr MIC �� • i1/nr j3ppartmpnt of �tatr H�vE ENE.- �"' �c v°� � Jnr ZINC I certify that the ed is a true and correct copy of theC XArticles of Incorporation A QUANTUM PARK PROPERTY OWNERS' QVC ' ASSOCIATION, INC., a ration organized under the Laws of the j C State of Florida, filed on Or 14, 1987, as shown by the records V C of this office. D c1V� V �V VThe document number of this co o njs N23003. C R9 Novi V ME ►iUen tuzber b ana tye creat*pal of t!e f ffloriba,_ n; at Ullabaggee, thio the a THF4sTr. 14th aay er, 1987. ZINC ' �� $` !. V NO j� �' i a`c 7VC ani KnE ME ZINC `".•.con:u,L� •.' Jinn �nifh •,.... ..��•. 4ecrrtnrg of ftr tr MAC MCR2E022 HIM(10.85) EXHIBIT "B" Page 1 33 of 1743 ORB 5450 N 1 164 101287-2 0861P ARTICLES OF INCORPORATION OF QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC. T't rsigned, hereby establishes the following for the purpose doming a nonprofit corporation under the laws of the State of a, by and under the provisions of the statutes of the State of l0rida providing for the formation, liability, rights, privi and immunities of a corporation not for profit. ARTICLE I Name of Corporation The name of thr oration (hereinafter the "Corporation") shall be QUANTUM PARK ROPERTY OWNERS' ASSOCIATION, INC. / ARTICLE II. r uses Quantum Associates, orida Genera l Partnership, its successors and assigns, c tively referred to herein as "Declarant", is developing cert Operty in the City of Boynton Beach, Palm Beach County, Flo nown as "Quantum Park at Boynton Beach" (hereinafter thek") . The Park is more D particularly described in the Decla f Protective Covenants of the Park (hereinafter the "Declar n") , the Declaration to which these Articles of Incorporation ar tached as an Exhibit. The purpose of this Corporation is to e� lease, maintain, operate, and/or administer certain properittt � et in or related to the Park, and to carry out its rights and forth in the Declaration. ARTICLE III Powers and Limitations A. The Corporation shall have the power: 1. To own, lease, operate, maintain, and administer the Common -Areas, and other property within or related to the Park in accordance with the Declaration. Page 1 34 of 1743 ORB 5450 Ps 1 165 2. To establish, through its Board of Directors, reasonable rules and regulations regarding the property within the Park. 3. To carry out all the powers and duties vested in the Corporation pursuant to these Articles and the Bylaws of the Corporation, and pursuant to the Declaration. A.. To do all things necessary to carry out the opera- tion of the Corporation as a natural person might or could do and to exercise and enjoy all the powers, rights and privileges grantedor conferred upon corporations of similar character by the prov' ons of Chapter 617, Florida Statutes, and Chapter 607, Flori utes, respectively. To` engage professional management agents to manage its of , and pay a fee therefor. ®o grant easements and leases to any Person (as said term is ed in the Declaration) over, under, through, and/or across t mon Areas, for or without compensation to this Corporatio thout any need to obtain the approval or joinder of any member or 1' ritolder •thereof. 7, assess members _ of the Association, and enforce such assessme accordance with the Declaration. B. The C ration is not organized for profit, nor shall it have the power to i ue. certificates of stock or pay dividends. C. All fun title to all interests in property acquired by the Corporatio hether fee simple or leasehold or otherwise, and the proceeds t e shall be held in trust for members of the Corporation. �( jJ D. The Corpora shall not be authorized to make any un- reasonable accumulate s of cash or assets as determined by the Internal• Revenue Code the rules and regulations pursuant thereto. ; ARTICLE IV Cor to Existence This Corporation shall a perpetual existence unless sooner dissolved by law. The Cor on may be dissolved upon unanimous resolution to that effect adopted by the members of the Board of Directors and approv b n affirmative vote of at least O eighty-five percent (85%) of al he total voting rights in the Park, and, after receipt of an a ro ' to decree of dissolution, if such decree is necessary at t� me of dissolution as set forth in Florida Statutes, Chapter r statute of similar import. �•�S/ ARTICLE V Qualifications for Members an"Ler of Admission and Voting Ri 1. All Owners in the Park shall bJmbers of the Corporation. An Owner shall automatically be a member of the Corporation upon the recording in the Public Records of the County, of the document evidencing the Owner's fee simple title to a Parcel. 2. Voting Rights shall be based on the formula of one vote per acre within a Parcel owned by a member. Fractional .portions i 0861P -2- i Page 1 35 of 1743 ORB 5450 P9 1 166 of acres shall be rounded up or down depending on the size of the fraction; fractional portions equal to or greater than 1/2 of an acre shall be rounded up, while fractional, portions less than 1/2 of an acre shall be rounded down (for example, a 10.3 acre Parcel 1 owned by a member will be entitled to 10 votes, and a 10.7 acre Parcel d by a member will be entitled to 11 votes) . Anything to th c ary herein notwithstanding, a Parcel less than 1/2 of an acre Obe entitled to one (1) voting Right. If a parcel is owned by 2) or more' Owners, the voting rights applicable to such Parcel sh P be determined as if there were only one (1) Owner. W i� ARTICLE VI Directors 1. The busine his Corporation shall be conducted by a Board of Directors, consisting of not less than three (3) nor more than seven (7) Directolq? The initial Board of Directors shall consist of three (3) Direc 2. The election of dir U rs, their removal and the filling of vacancies on the Board of tors shall be in accordance with the Bylaws of this Corporation. 3. The directors herein na a Article IX) ,shall serve until their successors are duly e!;;�A d and qualified, or until they are removed in the manner else ovided, or until they resign, whichever first occurs, and an vacancies in -their number occurring before a successor has been dq�-lected and qualified shall be filled in accordance with the Byla this Corporation. ARTICLE VII Officers The affairs of the Corporation shall be managed- by a presi= dent, vice president, secretary, treasurer, assistant secretary, assistant treasurer, and such other officers as may be authorized by the Board of Directors. A person may hold more than one office except that the offices of President and Secretary shall not be held simultaneously by the same individual. Said officers shall be elected annually by the Boar* of Directors at the annual - 1 i 0861P -3- Page T,, 6 of 1743 ORB 5450 Ps 1167 meeting of the Board of Directors and shall hold office until their successors shall be duly elected and qualified, or until they are removed, or until they resign, whichever first occurs. The first officers of the Corporation shall be: President Edward B. Deutsch •ce-President Thomas K. Ireland retary Melvin Simon 9irer Thomas K. Ireland _. ARTICLE VIII Na`m'e .Qid Post Office Addresses of Directors The name post office addresses of the members of the first Board of Di tors who shall hold office pursuant to the terms and provisi f these Articles of Incorporation and Bylaws of the Corporation e: 1. Edward B. De sch 2455 E. Sunrise Blvd. , 41106 Ft. Lauderdale, FL 33304 P 2. Melvin Simon 115 W. Washington St., #1500E Indiana 01is, IN 46204 3. Thomas K. Ireland 2455 E. Sunrise Blvd. , #1106 Ft. Lauderdale, FL 33304 T IX The first bylaws of the Corp r on shall be adopted by the Board of Directors named herein ank;, 'be altered, amended or rescinded in the manner provided by t�oa ws', which shall be. by (1) the members and the .Board of Directors_s?-nd/or (2) the members & as provided therein. ARTICLE X i Indemnification _ 1. The Corporation shall indemnify any�or or Officer of the Corporation, and/or any member of the Architectural Review Committee (as defined in the Declaration) , collectively referred to herein as the "Indemnities" and individually referred to herein as an "Indemnitee," made a party or threatened to be made a party to any threatened, pending or completed action, suit or proceeding as follows. This indemnification shall extend to any action of a judicial, administrative, criminal, or investigative nature 0861P -4- Page 1 7 of 1743 ORB 5450 Ps 1168 (including but not limited to, an action by the Corporation) , brought by or against an Indemnitee, based on an act, or •acts, alleged to have been committed by such Indemnitee, in his capacity as an Officer, Director or member of the Architectural Review Committee. In , any such action, the Indemnitee shall be indet' against judgments, losses, liabilities, costs, fines, amouin settlement, and reasonable expenses, including attos, actually and necessarily incurred as a result of suchuit, or proceeding or any appeal therein, provided such Indemnit e Qid not act with gross negligence or willful misconduct. termination of any such action, . suit, or proceeding by Judggrqnt, order, settlement, conviction, or upon a plea of nolo con re or its equivalent shall not, in itself, create a presumptiany such Indemnitee acted with gross negligence or willfulrisconduct.�� 2. Indemnificatio�,C, provided in this Article shall con- tinue as to a person who h eased to be a Director, Officer, or member of. the Architecturaew Committee, and shall inure to the benefit of the heirs, a rs, and administrators, of such . person. References herein to Qrs, Officers and members of the Architectural Review Committe include not only current Directors, Officers, and members D the Architectural Review Committee, but former Directors, Officers, and former members of the Architectural Review Com ee as well. 3. The Corporation shall have the p er to purchase and maintain insurance on behalf of any person w is a Director or Officer of the Corporation, or a member4 he Architectural Review Committee, against any liability asserte gainst him and incurred by him in any such capacity or arising out of his status as such, whether or not the Corporation would have the power to indemnify him against such liability under the provisions of this Article. 4. The aforementioned rights shall be in addition to, and not exclusive of, all other rights to which such Director, Officer, or member of the Architectural Review Committee may be entitled under Florida law. 0861P -5- Page 88 of 1743 n+........_.rv..�.�.w n—nu.r..r--..�..n�..........P.-.-r.v... .-.yTuw. ....w+n'•1 ORB 5450 P9 1169 ARTICLE XI Transactions in Which Directors or Officers Are Interested No contract or transaction between the Corporation and one (1) or more b€. its officers or directors, or between the Corporation and tanther corporation, partnership, association, or other organ which one (1) or more of its directors or officers are or officers of this Corporation, or have a financial inteis Corporation, shall be invalid, void or voidable solely for thi 0�ason, or solely because the director or officer is present a participates in the meeting of the Board or Committee thereof obich authorized the contract or transaction, or solely because h their votes are counted for such purpose. No directors or of of the Corporation shall incur liability merely by reason of 7eTfact that he is or may be interested in any such contract or tr�4l� tion. ��;; ICLE XII ments 1. These Articles of In ation may be amended upon: a. the affirmative c e 4of at least two-thirds (2/3) of the entire membership of the Directors and of at least a majority of the total Voting Rigt the Park; or b. the affirmative cons at least sixty-five percent (658) of the total Voting Righ n the Park. 2. A copy of each amendment to t rticles of Incorpor- ation as approved must be accepted by th`h S retary of State of the State of Florida, or such other per5o; uired by Florida law, and shall be recorded in the Public Reco of Palm Beach County, Florida. ARTICLE XII.5 Electing Out of Section 607.108 The Corporation expressly elects not to be governed by §607.108, Fla. Stats. 0861P -6- Page 1. 9 of 1743 ARB 5450 P9 1170 ARTICLE XIII Definitions The definitions set forth in the Declaration shall apply to these Articles of Incorporation. ARTICLE XIV Incorporator T e e and post office address of the Incorporator of these Article Acorporation is Quantum Associates, a Florida General Partnersh 455 East Sunrise Avenue, Suite 1106, International Building, Fort derdale, Florida 33404. ARTICLE XV Initial Registered Office and Agent The street Va � of the initial registered office of this Corporation is 625'it Flagler Drive, 9th Floor, Barnett Centre, West Palm Beach, Fida 33401, and the name of the initial registered agent of thirporation is DAVID S. PRESSLY. IN WITNESS OF THE FOR , the undersigned has hereunto set its hand and seal in acknow nt of the foregoing Articles of Incorporation, this 9th da o 6�-tober, 1987, which Articles are to be filed in the Office of retary of State. . Qu iates, a Florida Ge By: Fership `Q`� Its nal Partner EDWA �UTSCH STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledge"e me this 9th day of October 1987, by Edward B. Deutsch, as General Partner of Quantum Associates, a Florida General Partnership, on behalf of the Partnership. h Notar Publ c Phyllis Garma (Seal) My commission expires: Notary PU45C,Slate of Florida. My Commission Exp:ics Feb.26,1991 0.nd.d Th,.h.,7...•Inwn...Inc 0861P -7- Page 1 0 of 1743 ORB 5450 Pg 1 171 CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR SERVICE OF PROCESS WITHIN THIS STATE, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED Pursuant to g§48.091 and 617.023, Florida Statutes, the following is submitted in compliance with said Statutes: THAT, QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC., a Florida Corporation Not For Profit, desiring to organize-under the laws of he State of Florida, with its initial principal offices at 245 ast Sunrise Boulevard, 'Suite 1106, Ft. Lauderdale, Flor 04, has named DAVID S. PRESSLY, ESQ. , whose address is' 625 rt lagler Drive, 9th Floor, Barnett Centre, West Palm Beach, ida 33401 as its duly authorized Registered Agent to accept c® of process for the Corporation within the State of Florida. Q ACKNOWLEDGMENT Havi eh named to accept service of process for the abovestated C ration, at the place designated in this Certifi- cate, I hereby acc t the responsibility to act in this capacity, and agree to co witn the provisions of Florida Statutes rela- tive to keeping said office and further accept the duties and obligations of Sec 607.325, Florida Statutes. DATED this day of October, 1987. � _s DAVID S. PRESSLY, E REGISTERED AGENT---FLORIDA O 0861P -8- Page 1 1 of 1743 DRB 5450 Pe 1 172 101287-8 0851P BYLAWS OF QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, INC. AR'T'ICLE I %Sect' . NAME AND LOCATION The name of this corporation is QUANTUM PARK PROPS' ASSOCIATION, INC. (hereinafter the "Corporation") 0 SectionThe principal place of business of the corporation is located nton Beach, Florida, or such other place as the Board of Dire s may from time to time determine. ARTICLE II INCORPORATION The Corporatis duly incorporated in the cffice of the Secretary of State he State of Florida on the 14th day of October, 1987. (�pARTICLE III DEFINITIONS The definitions anddefined and used in the Declaration of Protective Covenants antum Park at Boynton Beach (the Declaration to which thes laws are attached as an Exhibit) shall apply to these Bylaws. AR' U MEMBERSHIP A 'PING RIGHTS Section 1. All Owners ink shall be members of the Corporation. An Owner shall au ically be a member of the Corporation upon the recording e Public Records of the County, of the document evidencing wner's fee simple title to a Parcel. Section 2. Voting Rights shall be based on the formula of one vote per acre within a Parcel ownedrr member. Fractional portions of acres shall be rounded upown depending on the size of the fraction; fractional portions 1 to or greater than 1/2 of an acre shall be rounded up, while ional portions less than 1/2 of an acre shall be rounded down r example, a 10.3 acre Parcel owned by a member will be ent e o 10 votes, and a 10.7 acre Parcel owned by a member will be e 1 ed -to 11 votes) . Anything to the contrary herein notwithst d a Parcel less than 1/2 of an acre shall be entitled to one Voting Right. If a parcel is owned by two (2) or more Owners, the voting rights applicable to such Parcel shall be determined as if there were only one (1) Owner. Section 3. The interest of any member in any part of the funds or assets of the Corporation cannot be conveyed, assigned, mortgaged, hypothecated or transferred in any manner except as an appurtenance to the Parcel owned by him. EXHIBIT-"C" Pagel 2 of 1743 ORB 5450 Ps 1 173 Section 4. The term "Voting Representative" shall mean and refer to (i) the Owner of a Parcel if such Parcel is owned by one individual, (ii) any individual designated in a Certificate filed with the Secretary of the Corporation designating a voting member for such Parcel, or (iii) a duly designated proxy holder. Anything to the contrary heroin notwithstanding, there shall only' be one Voting Representative for each Parcel. ARTICLE V MEETINGS OF MEMBERS Se i 1 The annual meeting of the members shall ne held at 7:00 p. . , stern Standard Time, on the first Friday in March of each yea the principal office of the Corporation or at such other pla Palm Beach County, Florida as may be set forth in the notic of s id meeting. If the date fixed for the annual meeting shall � legal holiday in the place where the meeting is to be held, meeting shall be held on the next succeeding business day after. At such meeting the members shall elect directors to serve until the next annual meeting of the members or 0�%�e their successors shall be duly elected and qualified and mduct such other business as may be authorized to be transacted members. Section 2.� ial meetings of the members shall he held at such place, day our as may be set forth in the notice of said meeting and may -be called by the President, or in his absence by the Vice President, y a majority of the Board of Directors, or by the holders of1'Ctted least 10% of the Voting Rights in the Park. The business at such special meeting shall be limited to that stated in tt, notice of :meeting. Section 3. Notice the annual members' meeting stating the place, day, and hour a meeting shall be given by the President, Vice President cretary. Such notice shall be given to each member not le n fourteen (14) days, nor more than sixty (60) days prior to Qe set for such meeting, which notice shall be mailed (by firs mail if mailed less than 30 days before the meeting) or pr personally to each member within said time. If. present rsonally, receipt for such notice shall be signed by the memb , ndicating the date on which such notice was received by him. iled, such notice shall be deemed to be properly delivered d sited in the United States mail, addressed to the member post office address as it appears on the recoYds of the Cor ion, with postage thereon prepaid. Proof of such mailing shall be en by the affidavit of the person giving the notice. Any r may, by a written statement signed by such member, waive&da ice, and such waiver, when filed in the records .oE ation, _whether before or after the holding of the mall be deemed equivalent to the giving of proper notih member. The date on which notice of the annual member is mailed (or personally delivered) shall be the recoor determining which members are entitled to receive notnd to vote at, the annual members' meeting. This determination of members shall apply to any adjournment thereof, unless the Board of Directors fixes a new record date for the adjourned meeting. Section 4. The President, or in his absence the Vice President, shall preside at all annual or special meetings of the membership. In the absence of both persons, the Board of Directors shall select a chairman. Section 5. A quorum for members' meetings shall consist of a majority of the total Voting Rights in the Park, represented in person or by proxy. The acts approved by the affirmative consent of a majority of .the Voting .Rights present at a meeting at which a quorum is present shall constitute the acts of the -2- 0851P Page 1 3 of 1743 ORB 5450 Pe 1174 members, except where approval by a greater number of members is required by the Declaration, the Articles of Incorporation, these Bylaws, or Florida law. After a quorum has been established at a members' meeting, the subsequent withdrawel of Voting Representatives, so as to reduce the number of Voting Rights at the meeting below the number required for a quorum, shall not affect the validity of any action taken at the meeting or any adjournment thereof. heexecution by any member of a copy of the minutes sha itute the presence of such member for the purpose of dete ini a quorum and for the further purpose of validating all of th ons taken at such- meeting, unless otherwise prohibited under d�law. on 6. Votes may be cast in person or by proxy. All proxies sbe in writing and shall be filed with the Secretary no later Wan tnenty-four (24) hours prior to the time of the meeting and e red of record in the minutes of said meeting. No proxy shall lid unless the same specifically sets forth the name of the er voting by proxy, the name of the person authorized to ote the proxy, the number of Voting Rights to which the proxy appl' and the date the proxy was given, and is executed by all rs of the subject Parcel. If the proxy is a limited proxy it set forth these items that the holder of the proxy may vote n the manner in which the vote is to be cast. If a proxy express vides, any proxy holder may appoint, in writing, a substitut to act in his place; a substitution is not authorized if such pro sion is not made. Each proxy shall contain the date, timd place of the meeting for which the proxy is given, and sh be valid only for that meeting and any lawfully adjourned meeting hereof. In no event shall any proxy be valid for a period lonhan ninety (90) days after the date of the first meeting for it was given. Each proxy shall be revocable at any time at th asure of the owner (s) executing it (subject to §607.101, Fla. ) ; however, in order for such revocation to be effective, t notice thereof shall be given to the Secretary of the CorpoN5es © If a proxy confers authority upon two or more persons ynot otherwise provide, a majority of such persons present t meeting, or if only one is present then that one, may exer e 1 the powers conferred by the proxy; but, if the proxy hold under the same proxy present at the meeting are equally divided *,ing o the right and manner of voting in any particular case, the of such Voting Rights shall be prorated. Section 7. Annual or specialeetings of the members may be held at any time or place withoutIcewith the written consent of all Voting Representatives, aso be held at any time or place without notice in an emergetion. Section 8. The Secretary of thtion may require of any member a written statementing the Voting Representative authorized to cast the located to any Parcel. Such certificate shall be valid I revoked by a subsequent certificate, which revocation sha a in writing and shall be delivered to the Secretary of the • Corporation. Unless said certificate, when so requested by the Secretary, is filed with the Secretary of the Corporation at least twenty-four (24) hours prior to the meeting in which said vote(s) is to be cast, the vote(s) attributable to the subject Parcel shall not be considered for the purpose of determining a quorum or for any other purpose. Section 9. The order of business at all meetings of the members of the Corporation, where applicable, shall be as follows: a. Election of chairman of the meeting, if required b. Call of the roll and certifying of a quorum. -3- 0851P Page 1 4 of 1743 DRB 5450 Pe 1175 c. Proof of notice of meeting or waiver of notice. d. Reading or waiver of reading of any unapproved minutes. e. Reports of officers. E. Reports of committees. g. Election of inspectors of election h. Election of directors. i. Unfinished business. New business Adjournment. ction 10. Any statutory right to waive notice of a member eting or to take action without' a meeting shall be permitt Qr these Bylaws. j ARTICLE VI 0 DIRECTORS SecThe business affairs of the Corporation shall be managed b oard of Directors who shall be elected by the member(s) . S Board of Directors shall consist of at least three (3) and n more than seven (7) persons of legal age. Except as other ' specifically provided herein, a Board member need not be a mem f the Corporation. Sectiona original members of the Board of Directors shall beFtt persons set forth in the Articles of Incorporation. Subjo Section, 14. below, Directors shall he elected annually by trmbers at the annual members' meeting, and such directors shserve Until their successors are duly elected and qualified, until they are removed in the manner elsewhere provided, or un they resign, whichever first occurs. The procedure for electin directors by the member(s) shall be as follows: Q a. A nominating c ee of members shall be appointed by the Board -of Directors no than sixty (60) days prior to the annual members' meeting. e Qmittee shall nominate one (1) person for each Director thing or to serve. Other nominations may be made from b. The election shall b� ballot (unless dispensed by unanimous consent) and •by a plur 1 of the votes cast, each person voting being entitled to cas to for each of 'as many nominees as there are vacancies to b ed. There shall be no cumulative voting. Section 3. Subject to Section %o � low, in the event of a vacancy occurring in the Board ofors for any reason whatsoever, th6 remaining directors shalt a person to serve as a director for the unexpired portion term of the former director. Section 9. A director may be removed om office, with or without cause, by the affirmative vote east two-thirds (2/3) of the total Voting Rights in the Park, at a special meeting of the members called for that purpose. Section 5. No compensation shall be paid to Directors for their services as Directors. Compensation may be paid to a Director in his or her capacity as an officer 'or employee or for other services rendered to the Corporation outside of his or her duties as a Director. In this case, however, said compensation must be approved in advance by the Board of Directors and the Director to' receive said compensation shall not be permitted to vote on said compensation. The Directors shall have the ri,g'ht to set and pay all salaries or compensation to be paid to officers, employees, agents or attorneys for services rendered to the Corporation. -4- 0851P Page 1 5 of 1743 ORB 5450 Ps 1 176 Section 6. The first meeting of a newly elected Board of Directors shall be' held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order to legally constitute such meeting provided that a majority of the whole board shall be present. ection 7. Regular meetings of the Board of Directors may at such time and place as shall be determined from time o t by a majority of the Board of Directors. Notice of regula tings of th'e Board of Directors shall be given to each Direct ersonally _or by mail, telephone or telegraph, at least ten (10) prior to the day named for such meeting. arectors may establish a schedule of regular meetings a no, r�tice shall be required to be given to Directors as to such reA�jlar meetings once said schedule has been adopted and delivered 11 Directors. Secti Special meetings of the• Board of Directors may be called b President on three (3) days' notice to each Director, given onally or by mail, telephone or telegraph, which notice sha ate the time, place and purpose of the meeting. Special a ings of the Board of Directors shall be called by the Pres r Secretary in like manner and on like notice upon the writ equest of at least two (2) members of the Board of Directors. Section 9. Bed,. at, or after any meeting of the Board of Directors, said Direc ors may, in writing, waive notice of said meeting and such waiver sbe deemed equivalent to the giving of proper notice. Attend by a Director at any meeting of the Board shall ne a waiver of ap�yr`lack of notice thereof. Section 10. At all (, 'ens of the Board of Directors, a majority of the Board of Dir hall constitute a quorum for the transaction of business, a Y acts of the majority of the Directors present at a meeting w a quorum is present shall be the acts of the Board of D re4tfi xcept where approval by a greater number of Directors is ed by the Declaration, the Articles of Incorporation, or thes ws. If at any meeting of the Board of Directors there be le han a quorum present, the majority of those present shall be o adjourn the meeting from time to time. The President o Corporation, or in his absence the Vice President, or, in a If of both, any Director designated by the Directors, sha ct as Chairman of the Board of Directors, and he shall be ent ' 1 to vote as a member of the Board of Directors on all ques arising before the Board of Directors. Section 11. The order of bus' s at a Directors' meeting, if applicable, shall be: a. Election of Chairman of the met required b. Calling of the roll. C. Proof of due notice of meeting. d. Reading and disposal of any unapproved minutes. e. Reports of officers and committees. f. Election of officers. g. Unfinished business. h. New business. i. Adjournment. Section 12. All of the powers and duties of the Corporatio.n existing under the Declaration, the Articles of Incorporation and these Bylaws shall be exercised exclusively by the Board of Directors or its managing agents, subject, only to approval by members of the Corporation when such is specifically -5- 0851P Page 1 6 of 1743 - ORB 5450 Pe 1 177 required. The Board of Directors shall have all the powers vested under common law and under Chapters 617 and 607 (to the extent applicable) , Florida Statutes, together with any powers granted to it pursuant to the terms of these Bylaws, the Articles of Incorporation of the Corporation, and the Declaration. Such powers shall include but not be limited to the power: a. To manage, operate, and administer this Corporation and its terests. To make and collect assessments from members for the purpos carrying out the Corporation's obligations and duties. aPo maintain, construct, improve, repair and replace the Cor ,Eon's property and interests, or the property for which the ration has such ,responsibility. d. hire and dismiss any personnel regarding the maintenance, ation, and administration of the Corporation's property and i interests, or the property for which the Corporation ha uch responsibility. e. To amend, and publish rules- and regulations respecting the of the property operated, maintained, administered, and/ wned. or leased by- the Corporation, and establish and impo lties and sanctions for any infractions therof. f. To carrypthe premium for such insurance as may be required forfpraoytection of the Corporation and the members thereof against casualty or any liability. g. To employ (3anagement firm at a compensation established by the Boarderectors and to delegate ' to such management firm such pow nd duties as the Board shall authorize except those as specifically required to be exercised by the Board of Dire t or the membership. h. To enforce and n- se by legal means the , provisions of the Declaration, Bylaws, the Articles of Incorporation of this Corporatio d the rules and regulations of the Corporation. D i. To pay any taxes or s sessments on any lands owned, operated, or maintained by the o ation. j. To grant easements to any rson with respect to properties owned by the Corporation, an lease to any person properties owned by the Corporation. Section 13. Any statutory right waive notice of a members' meeting or to take action with meeting shall be permitted under these Bylaws. Section 14. The procedures' prov* r under this Article VI with respect to the selection and replacement of members of the Board of Directors shall 'be subject to the rights of the original Owner of Lot 55 in accordance with Article XXII.C. in the Declaration to which these Bylaws are. an Exhibit. ARTICLE VII OFFICERS Section 1. The principal officers ,of the Corporation shall be a President who shall be a Director, a Vice President who shall be a Dinector, ' a Secretary, and a Treasurer, all of whom shall be elected -by the Board of Directors. • The Directors may appoint assistant trea-surers and assistant secretaries and such -6- Q9'51P Page 111 7 of 1743 ORB 5450 P. 1178 other officers as in their judgment may be necessary. Any two or more offices may be held by the same person. Section 2. The officers of the Corporation shall be elected annually by the Bo%rd of Directors at the annual meeting of the Board of Directors and shall hold office until their successors shall be duly elected and qualified, or until they are removed, or until they resign, whichever first occurs. ection 3. By an affirmative vote of the majority of the mem the Board of Directors, any officer may be removed, eith w or without cause, and his successor elected .by an afEir vote of the majority of the Board of Directors at any regula et13ng of the Board, of Directors or at any special meeting a Board called for such purpose. on 4. The President shall be the chief executive officer o he (�qrporation. He shall preside at all meetings of the members _apa� of the Board of Directors. He shall have all of the general— Fa s and duties which are usually vested in the office of Prnt of a corporation including, but not limited to, the power pointing committees among the members from time to time as he ma em appropriate to assist in the conduct of the affairs of the ation. Section he vice President shall perform all the duties of the Pr in the President's absence and shall assist the Presides a d exercise such other duties as may be required of him from im to time by the Board of Directors. Section 6. Secretary shall process all membership applications., issue not ce of all Board of Directors' meetings and meetings of the memb p and shall attend and keep minutes of the same; he shall ha rge of all corporate books, records and papers, except those o e Treasurer; he shall be custodian of the corporate seal; he s ave the authority to attest, with his signature and press of poration seal, all contracts or other documents required to b � on behalf of the Corporation and 'shall perform all other uties as are incident to his office. The duties of the ass ecretary shall be the same as those of the Secretary in the of the Secretary. Section 7. The Treasure 11 have the responsibility for Corporation funds and securiti d shall be responsible for keeping full and accurate accou �S f all receipts and disbursements in books belonging to orporation. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit o e Corporation in such depositories as may from time to time signated by the Board of Directors The duties of the Assistan usurer shall be the same as those of the, Treasurer in the abse e f the Treasurer. Section 8. Any vacancy in the o e f President, Vice President, Treasurer or Assistant Tr Secretary or Assistant Secretary, or any other office, ay, filled by the Board of Directors who may- elect a successor a vacant office at any regular or special meeting, and such successor shall hold office for the balance of the unexpired term. Section 9. The compensation of all officers and employees of the Corporation shall be fixed by the Directors. ARTICLE VIII FINANCE Section 1. The funds of the Corporation shall be deposited in such banks or depositories as may be determined by the Board of -Director's, from time to time, upon resolutions -7- 0851P. Page 1 8 of 1743 ORB 5450 Pe 1179 .approved by the Board of Directors, and shall be withdrawn only .upon checks and demands for monies signed by such officer or officers of the Corporation as may be designated by the Board of Directors. Section 2. The fiscal year of the Corporation shall begin on the first day of January of each year;,- provided, however, that the Board of Directors is expressly authorized to change to a differ.en fiscal year at such time as the Board of Directors deem ad vi a ction. 3. A financial report of the accounts of the Corpor 1 sall be made annually and a copy of the report shall be furn o each member not later than June lst of the year followin year for which the report is made. S_ ion tt��4. Tne Board of Directors of the Corporation shall maintain P assessment roll in a set of accounting books in which the be an account for each Parcel. Each account shall designa a name and address of the member(s) , the amount of each asses nt against the member(s) , the dates and amounts in which the assess is become due, the amounts paid upon the account, and th ance due upon the assessments. The Board of Directors shall or cause to be issued, upon demand by a member, a certif, t representing the status of assessments pertaining to said A reasonable charge may be made by the Board of Directors f e issuance of said certificate. Regular Assess against the members shall be made for the fiscal year annual n advance on or before the 20th day of the month preceeding -th first month of the fiscal year for which the assessments are ma or on a monthly, quarterly, or semiannual basis, whichev deemed appropriate by the Board of Directors for a particular r. Such assessments shall be due and payable as directed by hoard of Directors. If an annual budget . is not made as re d, the assessment(s) shall be presumed to be in the same am un as the last prior fiscal year until changed by an amended ass s rQ. Section 5. The Board ' tors shall adopt an annual budget on or before December 1 n ach year for the following calendar year, which budget shal etailed and shall show the amounts budgeted by accounts and a ense classifications, and shall contain estimates of the cos rating and maintaining the Corporation. Written notice of the time and lace of the Board of Directors Meeting when the annual bud g e to be considered for adoption, together with a copy of the �,t"'�ed budget, shall be mailed to each member not less than thirty 3 days prior to such meeting. Such Board of Directors Meetin ' 1 be open to the members. Section 6. The Board of Directors require that a fidelity bond be obtained for all officers ployees of the Corporation handling or responsible for Corporation funds. The amount of such bond shall .be determined by the Board of Directors and the premium on such bond shall be paid by the Corporation as an item of general expense. Section 7. All assessments paid by members of the Corporation shall be utilized by the Corporation for the purposes enumerated in the Declaration, the Articles of Incorporation and/or these Bylaws.- Section ylaws.Section S. Termination of membership in the Corporation shall not relieve or release any such former member from any liabilities or obligations incurred under or in any way connected with the Corporation during the period of his membership, or -8- 0851P Page 1 9 of 1743 ORB 5450 Ps 1180 impair any rights or remedies which the Corporation may have against such former member arising out of, or in, any way connected with, such membership and the covenants and obligations incident thereto. ARTICLE IX INDEMNIFICATION 'tion 1. The Corporation shall indemnify any Director or is of the Corporation, and/or any member of the Archit al Review Committee (as defined in the Declaration) , collect v oCeferred to herein as the "Indemnities" and individ referred to nerein as an "Indemnitee," made a party or three to be made a party to any threatened, pending or completed ion, suit or proceeding as follows. This indemnific on 6hall extend to any action of a judicial, administrativ?,,�riminal, or investigative nature (including but not limited o an action by the. Corporation) , brought by or against an In tee, based on an act, or acts, alleged to have been committed y uch Indemnitee, in his capacity as an Officer, Director or membe E the Architectural Review Committee. In any such ' action, a Indemnitee shall be indemnified against judgments, Losse abilities, costs, fines, amounts paid in settlement, and r s able expenses, including attorneys' fees, actually and neces incurred as a result .of such action, suit, or proceedin r any appeal therein, provided such Indemnitee did not ac with gross negligence or willful misconduct. The ter, ion of any such action, suit, or proceeding by judgment, der, settlement, conviction, or upon a plea of nolo contendere or its eauivalent shall not, in itself, create a presumption thasuch Indemnitee acted with gross negligence or willful mise t. D Section 2. Indemn' ion as provided in this Article shall continue as to a per o has ceased to be a Director, Officer, or member of the rc e6tural Review Committee, and shall inure to the benefit the heirs, executors, and administrators of such person. nces herein to Directors, Officers and members of the Arch' 1 Review Committee, shall include not only current Directo f.icers, and members of the Architectural Review Committee, former Directors, former Officers, and former members of the(J¢r`'hitectural Review Committee as well. Section 3. The CorporationWhall have the power to purchase and maintain insurance On hehal any person who is a Director or Officer of the Corporati r a member of the Architectural Review Committee, against liability asserted against. him and incurred by him in any s h apacity or arising out of his status as such, whether or no Corporation would have the power to indemnify him against lability under the provisions of this Article. Section 4. The aforementioned Qi� shall be in addition to, and not exclusive of, all other rights to which such Director, Officer, or member of the Architectural Review Committee may be entitled under Florida law. ARTICLE X RULES AND REGULATIONS The Board of Directors shall have the authority to adopt reasonable rules and regulations governing the development, use, and operation of the Common Areas. Such Rules and Regulations shall not be in conflict with the terms of the Declaration. Copies of the Rules and Regulations shall he delivered to an Owner upon written request to the Association. -9- 0851P Page 1 0 of 1743 ORB 5450 P9 1 181 ARTICLE XI REGISTERS AND SEAL Section 1. The Secretary of the Corporation ' shall maintain a register in the Corporation office showing the names and addresses of members. It shall be the obligation of the individual members to advise the Secretary of the Corporation of any change of address or of any change of ownership. The Corpor •an, for purposes of, notification, shall have the right to rely u the last given address of each of the members as set for id register. ection 2. The seal of the Corporation shall have inscrI th®reon the name of the Corporation, the word "Florida," the y of the Corporation's formation, and the words "corpora not for profit." Said seal may be used by causing it or a fa le thereof to be impressed, affixed, or otherwise reproduce . � ARTICLE XII ELECTING OUT OF 9607.109 Sectio*9. 9, Fla. Stats. shall not apply to control-share an of Voting Rights, if applicable, under said Section 60 ARTICLE XIII AMENDMENTS Section 1. 4Bylaws may be amended upon: a. the affirma• consent of at least two-thirds (2/3) of the entire membership a Board of Directors and of at least a majority of the total Vot ights in the Park; or b. the affirmati sent of at least sixty-five percent (658) of the total Vo • i®hts in the Park. Section 2. The Amendr �t 11 be recorded in the Public Records of Palm Beach County. THE FOREGOING WERE DULY AED ,AS THE BYLAWS OF QUANTUM PARK PROPERTY OWNERS' ASSOCIATION, I , LORIDA CORPORATION NOT FOR PROFIT, AT THE MEETING OF THE BOARD OF DIRECTORS. QUANTU ARK PROPERTY OWNERS' ASSO'IA INC. By: Its PrIbs (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF BROWARD ) ��The foregoing instrument was acknowledged before me th,i,s � ,`- day of October, 1987, by. Edward B. Deutsch, as .4lies1dent. of Quantum Park Property Owners' Association, Inc., a Fiobaa, nod,-for-profit corporation, on behalf of the Corporation. ,A o ' lh� + sem RECOROVERIFIED Notary Public kpfltlCA BEACH COUNTY,FLA. ..JOHN B.DL7NKLE M Commission Expires: }S;' CL> RK CIRCUIT COURT Y NOTART PUBLIC STATE OF FLORIDA NT COMMISSION EAP. APR 24,1989 0851P .; Page 1 1 of 1 743 BONDED THRU GENERAL INS, UND. MATTHEW ZIFRONY TRIPP, COTT(954)760-4918 EXPERIENCEN TRUST email:razz i trippscott.com October 31, 2019 VIA E-MAIL: SWansonLgbbfl.us Mayor Steven B. Grant City of Boynton Beach Commission City Hall 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 Attention: Lynn Swanson RE: Quantum Park Property Owners' Association, Inc. Dear Mayor Grant, Vice Mayor Katz and fellow City Commissioners: By y of introduction, my law firm represents Quantum Park Property Owners' Association, Inc. (the 'POA' As some or all of you may know, a Declaration of Protective Covenants of Quantum Park at Boynton Beach (the "Protective Covenants") was recorded on October 15, 1987 on the public records of Palm Beach County, Florida. It encumbers the real property situated in Boynton Beach commonly known as Quantum Park. The POA is referred to in the Protective Covenants as "the association". The Protective Covenants was primarily created to provide standards for how the Quantum Park community was to be developed. In so doing, it granted the POA certain approval rights with respect to the type of improvements that could be constructed at Quantum Park. It also granted the POA the authority to control the common areas at Quantum Park. To pay for the costs association with the foregoing as well as the costs associated with enforcing the Protective Covenants, the Protective Covenants granted the POA the right to collect assessments from the Quantum Park owners. The Quantum Park community has since been fully developed and all of the POA's functions have effectively been taken over by various governmental agencies. More so, the POA is unaware of any common areas that it controls. In light of the foregoing, the Protective Covenants no longer serve any real purpose and no longer provide any benefit to the Quantum Park owners. Instead, the Protective Covenants has become nothing more than a means through which money can be collected from the Quantum Park owners to fund internal Quantum Park disputes. Fortunately, the creator of the Protective Covenants had the foresight of envisioning that there would come a time when the Protective Covenants would no longer be needed. In so doing, it included language in the Protective Covenants that provided that the Protective Covenants would terminate upon the approval of(a) a requisite number of the Quantum Park owners, (b) a requisite number of members of the POA's board of directors, and (c) the Cit of f Boynton Beach. We are unaware of any negative impact that the Quantum Pack ow>�ers wo> l face i the Protective Coven r�ts art terminated. On the contrary, 11 b Bout east Six t treat,FI teenth Floor® ort Lauder a e,Florida 33301 1 812034v 1 994914.0001 Post Office Box 14245•Fort Lauderdale,Florida 33302 Tel 954.525.7500.Fax 954.761.8475®www.trippscott.com Fort Lauderdale ® Boca Raton ® Tallahassee Page 1702 of 1743 October 31, 2019 Page 2 terminating the Protective Covenants would benefit the Quantum Park owners since it will take away the POA's ability to further assess them. In light of the above, the POA through this letter hereby requests that the City of Boynton Beach grants its approval to the termination of the Protective Covenants. If I can provide any additional information, or if you have any questions, please do not hesitate to contact me. Very truly yours, MattheW4ifrony' For the Firm cc: Quantum Park Property Owners' Association, Inc. Gregory A. McAloon Jim Cherof 1811641 v1 995691.0001 Page 1703 of 1743 12.F. LEGAL 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R19-143-Authorize the City Manager to enter into a Purchase and Development Agreement between the City of Boynton Beach and Habitat for Humanity of South Palm Beach County to convey three (3) vacant lots in the Heart of Boynton, subject to final approval by the City Attorney. EXPLANATION OF REQUEST: Habitat for Humanity has been an active partner in providing affordable housing in the City for many years and has been a direct partner with the City/CRA in providing affordable homes within the Heart of Boynton. Habitat for Humanity is requesting transfer of the following parcels: Assessed or Property Control Number Address or Legal Description *Estimated Value 1. 08-43-45-21-07-002-1620 Boynton Hills Lot 162 & 167 Block B $21,000 2. 08-43-45-21-07-002-1600 Boynton Hills Lot 160 Block B $21,000 3 08-43-45-21-14-000-2690 Cherry Hills Lots 269 &270 $21,000 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. Staff recommends transfer of the properties to Habitat for Humanity to construct affordable housing as contemplated in the Heart of Boynton. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 1704 of 1743 The conveyance will provide four (4) newly constructed affordable homes with two constructed on one lot that will be split for income eligible families, reducing the number of vacant parcels currently being maintained by the city. FISCAL IMPACT: Budgeted The sale of the property will increase the City's tax base and reduce the maintenance costs associated with vacant lots. City currently spends a total of$3,300 for the maintenance of the three (3) lots annually. ALTERNATIVES: Do not approve the purchase and development agreement and go out to formal request for proposals through the City's procurement process. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving transfer of three (3) lots to Habitat for Humanity D Agreement Real Property Purchase and Sale Agreement D Letter Habitat of Humanity Letter D Exhibit Property Info 03-43--4 -21-07-002-1600 D Exhibit Property Info 03-43--45-21-07-002-1620 Exhibit Property Info 03-43--45-21-14-000-2690 Page 1705 of 1743 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 THE PURCHASE AND SALE AGREEMENT 6 BETWEEN THE CITY OF BOYNTON BEACH AND HABITAT 7 FOR HUMANITY OF SOUTH PALM BEACH COUNTY TO 8 CONVEY THREE (3) VACANT LOTS IN THE HEART OF 9 BOYNTON; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on September 9, 2019, the City received a request to acquire three (3) 12 vacant lots in the Heart of Boynton located at(1)Lot 162 & 167, Block B, Boynton Hills; (2) 13 Lot 160, Block B, Boynton Hills; and (3) Lots 269 & 270, Cherry Hills to construct four (4) 14 new homes; and 15 WHEREAS, Habitat for Humanity of South Palm Beach County has been an active 16 partner in providing affordable housing in the City for many years and has been a direct 17 partner with the City and CRA in providing affordable homes; and 18 WHEREAS, staff is recommending to convey title of the three (3)parcels to Habitat 19 for Humanity of South Palm Beach County and enter into an agreement with them to construct 20 the new single family homes; and 21 WHEREAS,the City Commission has determined that it is in the best interests of the 22 residents of the City to approve a Purchase and Sale Agreement with Habitat for Humanity of 23 South Palm Beach County to convey title of the three (3)parcels of land for the construction 24 of new single family homes. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA4D821195-346A-49F5-A6C6-7E841864734B\Boynton Beach.18788.1.Purchase_and_Sale_Agreement with Habitat for Humamty(2019)_-_Reso.docx Page 1706 of 1743 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission does hereby approve and authorize the City 31 Manager to sign a Purchase and Sale Agreement with the Habitat for Humanity of South Palm 32 Beach County to convey title of three (3)parcels of land located at(1) Lot 162 & 167, Block 33 B, Boynton Hills; (2) Lot 160, Block B, Boynton Hills; and (3)Lots 269 & 270, Cherry Hills 34 to construct four(4) new homes, a copy of the Agreement is attached hereto as Exhibit"A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 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 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDCA4D821195-346A-49F5-A6C6-7E841864734B\Boynton Beach.18788.1.Purchase_and_Sale_Agreement with Habitat for Humamty(2019)_-_Reso.docx Page 1707 of 1743 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2019, by and between the City of Boynton Beach, a Florida municipal corporation(the"SELLER"), and Habitat for Humanity of South Palm Beach County, Inc., a Florida not-for-profit corporation ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the following parcels: (A) Vacant Lot on NW 4th Avenue; (B) Vacant Lot on NW 4th Avenue; and (C) Vacant Lot on NW 5th Street, for a total of three (3) undivided lots all located in the City of Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit "A" which is attached hereto (collectively the "Property"); and WHEREAS, the Property is being acquired with the primary intent of constructing affordable housing to an income eligible family; and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropertX. The following real property: one vacant lot located on NW 4th Avenue; one vacant lot located on NW 4th Avenue; and one vacant lot located on NW 5th Street, all in the City of Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in Exhibit "A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than ninety(90)calendar days from the Effective Date of this Agreement,and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed,in its statutory form,which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of {00337788.3 306-9905437} 1 Page 1708 of 1743 the Seller and Purchaser has signed the Agreement. 1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: Sean M. Swartz, Esq., at 3099 East Commercial Boulevard, Suite 200,Ft. Lauderdale,Florida 33308. 1.6 PURCHASER'S Address. Purchaser's mailing address is 272 South Dixie Highway, Boca Raton,FL 33432. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,the singular shall be deemed to refer to the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement,the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for TEN AND 00/100 DOLLARS ($10.00) per parcel, for the total Purchase Price of THIRTY AND 00/100 DOLLARS ($30.00)and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All buildings and improvements located on the Property,if any; (b) All right of ways, alleys,waters,privileges, easements and appurtenances which are on or benefit all the Property; (c) All right,title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1)due to taking by condemnation of any right,title or interest of SELLER and(2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 PURCHASER shall have thirty (30) calendar days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ("Inspection Period"). Within ten (10) calendar days following the Effective Date of the Agreement, Seller shall provide Buyer with access to the following: (1)Documentation in Seller's possession relating to title and survey of the Property and(2) Copies {00337788.3 306-9905437} 2 Page 1709 of 1743 of any environmental reports and topography, geotechnical and other studies that were previously performed for or upon the Property in Seller's possession. 3.2 During the Inspection Period,PURCHASER shall,at its sole cost and expense,determine that utility services including,water,waste water,electric,telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, which consent will not be unreasonably withheld,delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. PURCHASER also agrees to indemnify and hold SELLER harmless from any losses,claims,costs,and expenses,including reasonable attorney's fees,which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants Auring inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection Period. 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER,then this Agreement shall remain in full force and effect,and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement(i)are now true,and(ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide PURCHASER notice of such contrary information and upon receipt PURCHASER may,in its sole discretion, {00337788.3 306-9905437} 3 Page 1710 of 1743 deem such contrary information material and terminate this Agreement,and(iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service,labor and/or materials furnished to, or for the benefit of,the Property,lis pendens,tax liens,permit violations,code violations,or ordinance violations. 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim,action or proceeding,actual or threatened,against SELLER or the Property by any organization,person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding,in a materially adverse fashion)the use,occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal,state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision,or constitute a default under,or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture,instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or delayed,except in the ordinary course of business,create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments,rights-of-way,leases,easements,covenants,conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. 4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and {00337788.3 306-9905437} 4 Page 1711 of 1743 shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements,development potential,utility availability,legal access,economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS"basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement and those obligations described in the Development Agreement,PURCHASER is not relying on any representations or warranties of any kind whatsoever,except as specifically set forth in this Agreement, express or implied,from SELLER its agents,officers,or employees,as to any matters concerning the Property including,without limitation,any matters relating to(1)the quality,nature,adequacy,or physical condition of the Property, (2)the quality nature,adequacy or physical condition of soils,fill,geology,or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5)the Property's value,use,habitability, or merchantability, (6)the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property,(8)the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11)peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or(14)any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein,the term "Hazardous Materials"means (i)those substances included within the definitions of"hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto;(ii)those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances" "hazardous materials" "toxic substances"or"solid waste" m such other substances materials and wastes which are regulated,or classified as hazardous or toxic,under applicable local,state or federal laws, ordinances or regulations;and any material,waste or substance which is petroleum,asbestos,polychlorinated, biphenyls,flammable explosives or radioactive materials. {00337788.3 306-9905437} 5 Page 1712 of 1743 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warranty Deed,title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property.The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property,the PURCHASER shall have Ten (10) calendar days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall,prior to the expiration of the Inspection Period,notify SELLER in writing specifying the specific exception(s)to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure,shall be cured by SELLER so as to enable the removal of said obj ection(s) from the title commitment within Ten(10)days after PURCHASER has provided notice to SELLER. Within five(5)days afterthe expiration of SELLER'S time to cure any objection,SELLER shall send to PURCHASER a notice in writing(a"cure notice")stating either(i)that the objection has been cured and in such case enclosing evidence of such cure,or(ii)that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence,then PURCHASER may(a)terminate this Agreement by written notice to the SELLER within five (5)days after receipt of a cure notice specifying an uncured objection;or(b) subject to the provisions set forth below,proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey. PURCHASER shall have the obligation to obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land,and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which,upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property(any such matter is herein called a"survey objection" and treated as a title defect),PURCHASER shall have a period of ten(10)days after receipt of the survey by {00337788.3 306-9905437} 6 Page 1713 of 1743 PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASERS objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASERS use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER,the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 2.2, 5.1,and 5.3 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Property. (b) Unpaid certified assessments payable after the date of the transfer of title. (c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any utilities and any such relocation costs and expenses shall be borne by the PURCHASER. (d) PURCHASER shall,in the event of any relocation ofthe utilities,provide to the CITY or appropriate service provider easements for the relocated utilities. (e) SELLER'S Right to Repurchase the Property in the event PURCHASER shall fail to construct and obtain certificates of occupancy for three (3) single family residences within two years of the Closing Date. 7. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 7.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 7.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract,mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. {00337788.3 306-9905437} 7 Page 1714 of 1743 7.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 7.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document,delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing,just as though they were made at such time. 7.5 PURCHASER shall indemnify,hold harmless and defend SELLER, its officers, directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against SELLER as a result of the representations contained in this paragraph. 8. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences("Conditions Precedents") shall be a condition precedent to PURCHASERS obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property, and performed all of its obligations and conditions of this Agreement. (b) Approval of this Agreement by the City of Boynton Beach City Commission. 9. CLOSING DOCUMENTS. 9.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed,Bill of Sale,if applicable,No Lien/Gap Affidavit,Non-Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form,and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 9.2 Right to Repurchase Agreement. At Closing, PURCHASER and SELLER shall execute the Right to Repurchase Agreement in the form attached as Exhibit`B". 10. CLOSING COSTS,TAXES AND PRORATIONS. 10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295,Florida Statutes,with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that,following the Closing,the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing,the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.2 Seller's Closing. SELLER shall pay for the following items prior to or at Closing: None. {00337788.3 306-9905437} 8 Page 1715 of 1743 10.3 Purchaser's Closing _Costs. PURCHACosts. PURCHASER shall pay for the following items prior to or at Closing: (a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes; (b) Recording fees of the Warranty Deed, Right to Repurchase, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; (d) Cost of obtaining owner's title insurance policy; (e)Tax and Lien Search;and (f) Survey 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of ninety (90) days following the Effective Date,at a location designated by the SELLER. 12. TERMINATION AND DEFAULT. 12.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3. herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion,the PURCHASER,at its sole discretion,shall be entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 12.2 If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages,and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money,and accrued interest as liquidated damages as its sole and exclusive remedy. 13. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election, to repurchase each of the individual lots identified in Exhibit "A" for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the PURCHASER shall fail to construct and obtain certificates of occupancy for three single family residences,one residence on each of the three(3)lots identified in Exhibit"A",within two(2)years of the Closing Date;subject,however,to extensions for delays attributable to force maj eure as hereinafter provided.Accordingly,prior to closing,PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement for each lot identified in Exhibit"A",which is to be recorded in the Public Records of Palm Beach County,Florida,and provide for the ability of the SELLER to repurchase each individual lot for the same Purchase Price from the PURCHASER.Notwithstanding the provisions of the {00337788.3 306-9905437} 9 Page 1716 of 1743 immediately preceding sentences,the dates provided above may be extended on a day for day basis for delays occasioned by acts of God, catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction,unforeseen physical conditions on the site,unavailability or shortages of material or labor,labor disputes,governmental approvals or restrictions and any appeals thereof,claims or lawsuits by any third party (whether individual or otherwise)threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of PURCHASER(collectively"Force Majeure"). By the tenth (10)business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall, within ten (10)business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure.Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER.In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment,the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation,either party may bring the dispute for legal redress before the City Court in and for Palm Beach County,Florida. 14. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 15. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed,by limiting and reducing it,to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 16. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Habitat for Humanity of South Palm Beach County 272 South Dixie Highway {00337788.3 306-9905437} 10 Page 1717 of 1743 Boca Raton,Florida 33432 Attn: Randy B.Nobles,President and CEO SELLER: City of Boynton Beach P.O. Box 310 Boynton Beach,FL 33425 Attn: Lori LaVeniere,City Manager With Copy to: Sean M. Swartz,Esq. GOREN, CHEROF,DOODY&EZROL,P.A. 3099 East Commercial Boulevard,4200 Fort Lauderdale,Florida 33308 Tel: (561)276-9400 Fax: (954)771-4923 17. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement,including any claims based upon equity,statute,common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 18. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which 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. 22. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 23. WAIVER OF JURY TRIAL. Each party hereby knowingly,voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action(including, but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of, or related to {00337788.3 306-9905437} l l Page 1718 of 1743 this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other parry has represented, expressly or otherwise,that either parry would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 24. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 25. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither parry shall be entitled to the benefits of any rules of construction,interpretation or enforcement against the drafters. 26. SUCCESSORS. This Agreement shall apply to and bind the distributors,executors,administrators, successors and assigns of SELLER and PURCHASER. [This Space is Intentionally Blank] IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated above: ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida {00337788.3 306-9905437} 12 Page 1719 of 1743 By: Crystal Gibson, City Clerk Steven Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2019, by Steven Grant, as Mayor of the City of Boynton Beach, who ( )is personally known to me or( ) has produced Florida driver's license as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a Florida not-for-profit corporation By: Print Name: Title: {00337788.3 306-9905437} 13 Page 1720 of 1743 (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by Randy B. Nobels, as President and CEO of Habitat for Humanity of South Palm Beach County, Inc., a Florida not-for-profit corporation, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification, on behalf of Habitat for Humanity of South Palm Beach County, Inc., My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {00337788.3 306-9905437} 14 Page 1721 of 1743 EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: Lot 160, Block B, Boynton Hills. The above being a portion of the real property described under Tax Certificate number 14450 in the Tax Deed recorded in Official Records Book 16858, Page 1301, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-07-002-1600 Parcel 2: Lots 162 and 167, Block B, Boynton Hills. The above being a portion of the real property described under Tax Certificate number 14450 in the Tax Deed recorded in Official Records Book 16858, Page 1301, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-07-002-1620 Parcel 3: Lots 269 and 270, Cherry Hills. The above being the real property described under Tax Certificate number 11049 in the Tax Deed recorded in Official Records Book 12021, Page 1986, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-14-000-2690 Legal descriptions to be confirmed by survey to be provided EXHIBIT `B" {00337788.3 306-9905437} 15 Page 1722 of 1743 THIS INSTRUMENT PREPARED BY: Donald J. Doody, Esq. Goren, Cherof, Doody&Ezrol PA 3099 E. Commercial Blvd. Fort Lauderdale, FL 33308 CITY OF BOYNTON BEACH AND HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY,INC. REPURCHASE AGREEMENT THIS REPURCHASE AGREEMENT("Agreement")is made this day of 12019,by CITY OF BOYNTON BEACH, a Florida municipal corporation (hereafter the "Seller"), and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a Florida not-for-profit corporation, (hereinafter the "Purchaser"). WITNESSETH : WHEREAS, Seller and Purchaser are parties to that certain Agreement for Purchase and Sale of Real Property,dated ,2019 (the "Contract"),pursuant to which Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser, fee simple title to certain real property located in located in the City of Boynton Beach,Palm Beach County,Florida,more particularly described on Exhibit "A" attached hereto (the "Property"); NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, Purchaser and Seller agree and covenant as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference 2. Seller expressly reserves the right at its sole option and election,to repurchase the Property for the same Purchase Price as paid by Purchaser to Seller hereunder, in the event the Purchaser shall fail to develop the Property and obtain a certificate of occupancy for the single family residence to be constructed on the Property,pursuant to the terms and conditions contained in this Agreement; subject,however,to extensions for delays attributable to Force Majeure as defined herein below. 3. Purchaser shall have two (2) years after the closing date for the sale of the Property (where the Seller conveys title to the Property to the Purchaser)to obtain a certificate of occupancy for the residential units to be constructed on the Property by the Purchaser(hereinafter the "Project"). 4. The Seller shall have the right to review and approve the construction plans for the single family homes to be constructed on the Property. Purchaser shall not commence construction of the single family homes until the Seller has provided written approval of the plans for the single family homes. "Commence construction" shall mean the initiation and continuance by Purchaser of site preparation work for the Project which shall include excavation,fencing of the site,installation of the construction trailer,clearing and relocation of utilities on the Project. 5. In the event the Purchaser fails to obtain the certificate of occupancy as required by the terms and provisions of this Agreement,then the Seller may elect to exercise its right to repurchase the Property by providing written notice to the Purchaser of the failure,and an opportunity to cure said failure within thirty(30)calendar days of {00337788.3 306-9905437} 16 Page 1723 of 1743 the written notice. The closing effectuating the repurchase shall occur within thirty (30) calendar days of the date of the Purchaser's failure to cure and written notice to Purchaser of the Seller's election to repurchase the Property. The re-conveyance shall be effectuated by a Special Warranty Deed subject to good and marketable title. All costs associated with the reconveyance of the property to the Seller, including, but not limited to, recording fees,documentary stamps,unpaid taxes,and assessments,both ad valorem,and non-advalorem,shall be borne by the Purchaser. In the event the Purchaser fails to execute the Special Warranty Deed to reconvey the Property to the Seller, the Seller shall have the right to pursue all legal remedies, including specific performance. In the event the Seller must file suit to require the Purchaser to reconvey the Property, the Purchaser shall pay all costs,expenses,reasonable attorney's fees and paralegal expenses incurred by the Seller at both the trial and appellate levels. 6. Acknowledgments. Seller and Purchaser hereby, agree and acknowledge as follows: (a) The date for issuance of the certificate of occupancy may be extended on a day for day basis for delays occasioned by acts of God,catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction,unforeseen physical conditions on the site,unavailability or shortages of material or labor,labor dispute,governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise)threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of Purchaser(collectively,"Force Majeure"). (b) By the tenth(10)business day of each month,Purchaser shall deliver,or cause to be delivered to Seller a list of the days during each proceeding month as to which Purchaser believes the Force Majeure provisions apply and the reasons therefore. Seller shall,within ten(10)business days after receipt of any such list provide notice to Purchaser as to whether Seller disputes that any of the days set forth on that list would give rise to an extension of time for Purchaser's performance based on Force Majeure.Any days claimed to be subject to the foregoing Force Majeure provision by Purchaser which are not so disputed by Seller within said time period shall be deemed approved by Seller. (c) In the event of a dispute between SELLER and PURCHASER as to whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen(15)days at a mutually agreeable site in Palm Beach County,Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation,either party may bring the dispute for legal redress before the City Court in and for Palm Beach County,Florida. (d) Purchaser and Seller agree that Seller's right to repurchase the Property (the "Repurchase Right") shall terminate upon the Seller's execution of a Termination of Repurchase Right. Upon the satisfaction of the conditions set forth in Section 3 herein, Seller shall execute a Termination of Repurchase Right. Upon execution of the Termination of Repurchase Right,this Agreement shall also terminate and be of no further force and effect. (e) For avoidance of doubt, Purchaser and Seller agree that Seller's right to re-purchase the Property shall automatically terminate and be of no further force or effect upon the issuance of a Certificate of Occupancy("C.O."). (f) Each party, by signing this Agreement, certifies that it has full authority to enter into this Agreement,and the execution,delivery,and performance of this Agreement have each been duly authorized {00337788.3 306-9905437} 17 Page 1724 of 1743 pursuant to all requisite authority, and this Agreement constitutes the legal, valid, and binding obligations of Purchaser and Seller, each enforceable in accordance with its respective terms. (g) The provisions of this Agreement shall be binding upon and inure to the benefit of Purchaser and Seller and their respective successors and assigns. (h) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (i) This Agreement may be executed in several counterparts each of which when executed and delivered is an original,but all of which together shall constitute one instrument. (j) Signatures transmitted by facsimile transmission or otherwise appearing on a facsimile transmission of this Agreement shall be treated in all manner and respects and have the same binding legal effect as original signatures. The parties hereto hereby agree that none shall raise the use of a facsimile machine as a defense to the enforceability of this Agreement and forever waive such defense. (k) The Seller and Purchaser may agree to an extension of any time period contained in this Agreement pursuant to the execution of a written amendment to this Agreement. IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement as of the date first above written. WITNESSES: CITY OF BOYNTON BEACH Print Name: By: Steven Grant, Mayor Print Name: ATTEST: By: Crystal Gibson, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF FLORIDA ) {00337788.3 306-9905437} 18 Page 1725 of 1743 COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by Steven Grant, as Mayor of the City of Boynton Beach, who ( ) is personally known to me or( ) has produced a Florida driver's license as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC., a Florida not-for-profit corporation By: Print Name: Title: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by , as of Habitat for Humanity of South Palm Beach County, Inc., a Florida not-for-profit corporation, on behalf of the corporation, who ( ) is personally known to me or O has produced Florida driver's licenses as identification. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {00337788.3 306-9905437} 19 Page 1726 of 1743 EXHIBIT "A" Parcel 1: Lot 160, Block B, Boynton Hills. The above being a portion of the real property described under Tax Certificate number 14450 in the Tax Deed recorded in Official Records Book 16858, Page 1301, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-07-002-1600 Parcel 2: Lots 162 and 167, Block B, Boynton Hills. The above being a portion of the real property described under Tax Certificate number 14450 in the Tax Deed recorded in Official Records Book 16858, Page 1301, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-07-002-1620 Parcel 3: Lots 269 and 270, Cherry Hills. The above being the real property described under Tax Certificate number 11049 in the Tax Deed recorded in Official Records Book 12021, Page 1986, of the Public Records of Palm Beach County, Florida. Folio No.: 08-43-45-21-14-000-2690 {00337788.3 306-9905437} 20 Page 1727 of 1743 9I N% Habitat for Humanity' I`I I� IIS t�;°'��n�t. FIB V! �4"zi fi i ��4� Il,�� ,,,'� '(,i� �� o l�n�'wF i�� Sept 4, 2019 BOARD OFFICERS Scott Sullivan, Chairman City of Boynton Beach City Manager Cheryl Budd Lori LaVerriere Vice Chair 3301 Quantum Blvd. Ste. 100 Brittney Kocaj, Boynton Beach, FL 33426-8670 Treasurer&Secretary DIRECTORS Dear Lori, Jason Aube Attached please find three maps of vacant properties with PCNs (08-43-45-21-07- Alisa Cohen 002-1620), (08-43-45-21-07-002-1600), and (08-43-45-21-14-000-2690), which Stephen Constantine Habitat for Humanity of South Palm Beach County respectfully requests that the Jason Katz City of Boynton Beach transfer the title/ownership of these properties to Habitat for Humanity of South Palm Beach County. Eric Lebersfeld Joe Martin Such transfer would enable us to construct four single family homes consisting of 3- Joseph Meeler Bedrooms, 2 Bathrooms, a 1 Car Garage, All Tile, Hurricane Impact Windows, Double Truss Strapping, Owen's Corning 20 Year Architectural Shingle Roof, Thomas Moraca Landscape with Sprinkler System, Stucco Siding, and Whirlpool Appliances. The Doug Mosley timeline to complete each project would be 24 months from permit issuance. Robyn Raphael-Dynan Pictures of representative homes are attached. Leon Silverstein We feel that with the City's help we can continue to enhance the Heart of Boynton Doug Simms Beach and our mission to upgrade the community and provide affordable and attainable housing to low income families who need it the most. President/CEO Respectfully,v/ Randy Nobles " Jeffrey Fengler RECENED Director of Construction 561-371-2191 SEP 09 2019 jfeng ler(a�hfh boca.org CITY MANAGER'S OFFICE Visit Our R stcr s!fit; 1900 North Federal Highway, Delray Beach, Florida 33483 * 561-455-4441 272 South Dixie Highway,ay,Boca Raton, Ftorida 33432 561-362-7284 Page 1�r � 1743 S << go*11 Aa , ® "rtsr �t 55 CA sits s O O � s tS i�r r { 7 i;ltr f r t i 1;4�)?s G1tJ +, t "1 01 �r Q � � t Page 1729 of 1743 t S i cr 1, li it OD t �F r f. c } LTI O �a O N � I F8 CA S } g sf c� t O = z,� � C3 o � V — 4 i Page 1730 of 1743 08434521140002690 , SY u , s 'i s � Itt n s t , May 15, 2019 1:576 0 0.00475 0.0095 Pag&ojWAl of 1743 ¢tt A<rip c ttii 1t c rIS\14t sS -_ _ i -t a�f��jrt��$ sf��}��t_ 7 }`�£� � - � l�% "� 4 _- �;p�=:. rk' __� ,� -_ �. >•.k.:: �„ =rs k ' wsan, h t Pictured homes are representative samples of homes that Habitat SPBC builds. Final home design will be determined based on the actual size of the property. r - �,x fS it. s s t tt t 1}}1 r t rt4t trtx�t y, --- \ v„ u i Page 1732 of 1743 PAPA Banner Location Address NW4THAVE Municipality BOYNTON BEACH Parcel Control Nunn er 08-43-45-21-07-002-1600 Sul vision BOYNTON HILLS IN Official Records Book Page Sale Date Le-gal Description BOYNTON HILLS LT 160 BLK B -- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date Price OR BooldPage Sale'T'vpe ChNner OCT-2004 $0 17703/01362 WARRANTY DEED BOYNTON BEACH CITY OF APR-2004 $15,889 16858/01301 TAX DEED PALM BEACH COUNTY JUN-1988 $100 05715/01936 QUIT CLAIM JAN-1985 $64,900 04452/00994 WARRANTY-DEED FEB-1982 $45,000 03678/01303 WARRANTY-DEED E xemptionApplicanCkhNner Year Detail BOYNTON BEACH CITY OF 2019 FULL.MUNICIPAL GOVERNMENT Nunn er of Units 0 *Total Square 0 Acres 0.1062 Feet Use Cade 0000-VACANT Zoning;RIA-Single Faniy(08-BOYNTON BEACH) Tax Year 2019 P 2018 2017 Improvement Valu $0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Valine $21,000 $20,117 $13,874 p All values are as of January 1 st each year Prdiminary 'T'ax Year 2019 P 2018 2017 AssessedValue $9,664 $8,785 $7,986 E xemptionA mint $9,664 $8,785 $7,986 Taxable Valu $0 $0 $0'' 'T'ax Year 2019 P 2018 2017 Ad Valorem $0 $0 $0 Nunn Ad Valorem $0 $0 $0 Total tax $0 $0 $0'' Page 1733 of 174 08-43-45-21 -07-002-1600 o ! y u{i+ I. ! less t 114 1 I t tills�i! , 1 Lve x ig t ( V 1S� ! I ni sus �f+ F \ $ y f October 25, 2019 1:576 0 0.00475 0.0095 0.019 mi 4 Page 1,734 of 1743 0 0.0075 0.015 0.03 km PAPA Barmer Location Address NW4THAVE Municipality BOYNTON BEACH Parcel Control Nu nber 08-43-45-21-07-002-1620 SuNfivision BOYNTON HILLS IN Official Records Book 17703 Page 1362 Sale Tate OCT-2004 Le-gal Description BOYNTON HILLS LT 162&167 BLK B -- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date Price OR BooldPage Sale'T'vpe Owner OCT-2004 $10 17703/01362 COUNTY DEED BOYNTON BEACH CITY OF E xemptionApplicanCkhNner Year Detail BOYNTON BEACH CITY OF 2019 FULL.MUNICIPAL GOVERNMEI\IT I u nber of Units *Total Square Feet 0 Acres 0.1853 Use Cade 0000-VACANT ; Haim ;- 'T'ax Year 2019 P 2018 2017 Improvement Valu $0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Valine $21,000 $20,117 $13,874 p All values are as of January 1 st each year Pr niaryinary Tax Year 2019 P 2018 2017 Asset ssm d Valmet $9,664 $8,785 $7,986 E xemptionA unt $9,664 $8,785 $7,986 'T'axable Valmet $0 $0 $0'' Tax Year 2019 P 2018 2017 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0''' 'T'otal tax $0 $0 $0 Page 1735 of 174 08-43-45-21 -07-002-1620 4• }�' I i v� �`l� IJ �} � 9 t � — �� u yn 3S laf! 3} E � G S�`�t2� t`}I} " y V r � III�:py3�dj� Iilr��''1 �& 4{ p, � y s,. c til I October 25, 2019 1:576 0 0.00475 0.0095 0.019 mi Page 1,736 of 1743 0 0.0075 0.015 0.03 km PAPA Barmer Location Address NW 5TH ST "+`Tualclpalltw BOYNTON BEACH Parcel Control Nu nber 08-43-45-21-14-000-2690 SuNfivision CHERRYHILLS Official Records Boob 14821 Page l803 Sale Tate FEB-2003 Leal Description CHERRY HILLS LTS 269&270 -- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Tate Price OR BooldPa e Sale 'T'vpe Owner FEB-2003 $0 14821/01803 QUIT CLAIM BOYNTON BEACH CITY OF MAY-2000 $0 12021/01986 TAX DEED PALM BEACH COUNTY JAN-1977 $10,000 02641/00684 E xemptionApplicantkhNner Year Detail BOYNTON BEACH CITY OF 2019 FULL.MUNICIPAL GOVERNMEI\IT I u nber of IJtaits 0*Total Srprare Feet 0 Acres 0.1272 JJse Code 0000-VACANT Zoning R2-Duplex(08-BOYNTON BEACH) 'T'ax Year 2019 P 2018 2017 Improvement Valo $0 $0 $0 Land Valoe $21,000 $20,117 $13,874 Total Market Valine $21,000 $20,117 $13,874 P All values are as of January 1 st each year Pr liaryinary 'T'ax Year 2019 P 2018 2017 AssessedValoe $9,664 $8,785 $7,986 E xemptionA unt $9,664 $8,785 $7,986 'T'axable Valo $0 $0 $0'' 'T'ax Year 2019 P 2018 2017 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0 'T'otal tax $0 $0 $0''' Page 1737 of 174 08-43-45-21 -14-000-2690 s 1 = s s`) � b ��f�,� _ - ,sy s c,1. .,� �-g.i}; �,� .1 i1� �tiw,.tts-� g�� '�yif�,�,'s�• s t , 1 4 � S .,, �� 4 s 3 r s i lit M,1 g October 25, 2019 1:576 0 0.00475 0.0095 0.019 mi P age 1,738 of 1743 0 0.0075 0.015 0.03 km 13.A. FUTURE AGENDA ITEMS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Commission to discuss a Legislative Priority List for the 2020 Legislative Session. Mat Forrest, city lobbyist, will be in attendance. - December 3, 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 1739 of 1743 13.B. FUTURE AGENDA ITEMS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: City Manager Annual Evaluation. - December 3, 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 1740 of 1743 13.C. FUTURE AGENDA ITEMS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 February 18, 2020 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 1741 of 1743 13.D. FUTURE AGENDA ITEMS 11/5/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/5/2019 REQUESTED ACTION BY COMMISSION: Commissioner Romelus has requested the City Commission consider approval of the attached resolution opposing offshore drilling including seismic air gun blasting. - To be determined. EXPLANATION OF REQUEST. City Commission to discuss whether or not they would like to place this matter on a future agenda for discussion and/or approval. 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 Resolution Draft Resolution Page 1742 of 1743 A RESOLUTION TO EXPRESS THE CITY/COUNTY/CHAMBER OF OPPOSITION TO OFFSHORE DRILLING ACTIVITIES, INCLUDING SEISMIC AIRGUN BLASTING WHEREAS,the United States government has expressed interest in opening the Atlantic Ocean and Eastern Gulf of Mexico to offshore oil and gas development and exploration, including risky methods such as seismic airgun blasting; and, WHEREAS, seismic airguns fire intense blasts of compressed air, one of the loudest manmade sounds in the ocean, every 10-12 seconds for days, weeks, or months on end; and, WHEREAS, seismic airgun noise has been shown to harm and injure dolphins, whales, endangered sea turtles,fish, and other marine life; and, WHEREAS, exploratory and commercial drilling, extraction, and transportation of offshore oil and gas resources pose a significant risk of oil spills and chronic leakage; and, WHEREAS, eventual offshore drilling may require significant onshore infrastructure, such as pipelines or refineries, which would harm the character of the coast; and, WHEREAS, offshore drilling activities pose threats to treasured vacation destinations on Florida's Coasts, which are of intrinsic economic value for numerous industries, provide essential nursery habitats for recreational and commercially important fisheries, and act as natural buffers from storm surge and hurricanes; and, WHEREAS,the city of_ recognizes that the tourism and fishing industries, which depend on a healthy and vibrant coastal environment, both serve as major economic drivers benefiting the current and future residents, property owners, and visitors to Florida; and, WHEREAS,the city of endeavors to be a good steward of the state and region's environment and its resources; and, WHEREAS, exploration and development of oil and gas resources off the coast of Florida will not effectively address the long-term energy needs of our country; and, WHEREAS,the city of recommends that it would be more economically and ecologically responsible to pursue non-polluting sources of renewable energy such as solar and wind, that pose less risk to the coastal environment and economic health before using uncertain methods of seismic airgun blasting for offshore oil and gas deposits. NOW THEREFORE, BE IT RESOLVED BY THE CITY/COUNTY/CHAMBER OF THAT: Offshore oil and gas drilling and exploration, including seismic airgun blasting, will put Florida's environment, beaches, marine resources and local economies at risk;therefore the Council expresses its opposition to these activities and urges the federal government not to pursue such practices off Florida's coast. Signed_ Date: Page 1743 of 1743