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Agenda 01-07-20 The City of wr Boynton Beach y City Commission Agenda Tuesday, January 7, 2020, 5:30 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. -to- die,,C0 www.boynton-beach.org Page 1 of 473 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit- Three (3) Minutes. ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state your name for the record. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off or silence all cellular phones 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 5:30 p.m. (Please check the Agenda Schedule- some meetings have been moved due to Holidays/Election Day). Page 2 of 473 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 Mack McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning January 11th through January 31st. B. Proclaim January 12, 2020 as Haitian Earthquake Memorial Day. Jane Marcel will accept the proclamation. C. Announcement by Recreation & Parks Director Wally Majors about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special Deals event and the 8th Annual Barrier Free 5k Run, Walk& Roll event. D. Proclaim Monday, January 20, 2020 as Martin Luther King Jr. Day. E. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration. F. Present a Certificate of Achievement from Mayor Steven B. Grant to Anthonette Thompson, a recent Career Online High School (CONS) graduate, that earned her high school diploma from the Library's online program. G. General Election Proclamation for March 17, 2020- presented by Mayor Steven B. Grant 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. B. Approve travel for Commissioner Romelus to speak at the Ruth's List Annual She's the Change Leadership Conference in Orlando, FL on March 28, 2020. 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 Page 3 of 473 A. Authorize the piggybacking via purchase order of the Sourcewell Contract #022217-NW F with Verizon Connect NW F for an annual cost of $43,632.50 for vehicle tracking systems with a one off set up fee of$14,771.30. Sourcewell procurement process satisfies the City's competitive bid requirements. B. PROPOSED RESOLUTION NO. R20-001 -Approve piggybacking GSA Contract #GS-35F- 114BA and the expenditure of $82,413.28 for the purchase of a Laboratory Information Management System from Accelerated Technology Laboratories (ATL). This software (Sample Master) is required to maintain the laboratory analysis data for the City of Boynton Beach Utilities. Authorize the City Manager to sign the Proposal and Addendum. C. PROPOSED RESOLUTION NO. R20-002 - Approve and authorize the City Manager to sign the Developer's Agreement with Mr. Robert Peterson of 815 Palmer Road for the construction of water and wastewater improvements within the right-of-way of Palmer Road. D. Approve - Phase II of Task Order UT-2E-02 with Alexis Knight Architects, in the amount of $77,745 in accordance with RFQ. No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by Commission on August 7, 2018. Task order services for phase I I include grant application submittal, final design, permitting services, and bid assistance for the additions and alterations to the existing marina facilities located in the Oyer Boat Park. E. PROPOSED RESOLUTION NO. R20-003 -Authorize the City Manager to sign agreements with the four (4) pre-qualified contractors: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Giannetti Contracting Corporation; and Florida Design Drilling Corporation in accordance with Request for Qualifications (RFQ) No. 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services". F. PROPOSED RESOLUTION NO. R20-004 -Amend the FY 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Traffic Fund (103), Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), and the Fleet Fund (501) for previous years Purchase Orders, unspent project budgets and transfer for Town Square improvement. G. Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. H. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for January 07, 2020- "Request for Extensions and/or Piggybacks." I. Approve minutes from the City Commission meetings on December 3, 2019 and December 17, 2019. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Piggyback via Purchase Order Florida Sheriffs Association's Contracts FSA18-VEH 16.0, FSA19-VEH 17.0, and FSA19-VEH 27.0. Approve the purchase of replacement vehicles as authorized in the fiscal year 2019-20 budget in the estimated amount of $270,974 by utilizing the following contracts: These contracts satisfy the City's procurement requirements. 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. 20-002 - FIRST READING - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for Page 4 of 473 the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. C. PROPOSED ORDINANCE NO. 20-001 - SECOND READING - Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article 11. Definitions, and Article V. Housing I nitiatives, Section 2. Workforce Housing Program. Applicant: City-initiated. 9. CITY MANAGER'S REPORT A. Commissioner Penserga has requested a discussion to possibly create a task force for public outreach for Opportunity Zones in Boynton Beach. 10. UNFINISHED BUSINESS A. Continue discussion of the City Manager's compensation in connection with her performance evaluation, which was conducted at the December 3, 2019 Commission Meeting. 11. NEW BUSINESS - None 12. LEGAL- None 13. FUTURE AGENDA ITEMS A. Discuss Fine Free Program for City Library - January 21, 2020. B. The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report- January 21, 2020 C. Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park - January 21, 2020. D. Discuss Local Septic Tank Inspection Program- February 18, 2020 E. Discuss purchase and sale agreement for Nichols property - February 18, 2020. F. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 G. Consider Vision Zero Resolution - TBD 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 5 of 473 1.A. OPENING ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 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 Mack McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 6 of 473 2.A. OTHER 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 7 of 473 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning January 11th through January 31st. EXPLANATION OF REQUEST: This is a standard practice process in which utilities switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer is of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water; otherwise, there will be no adverse effects. Customers particularly sensitive to the taste and odor of chlorine may keep an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a routine procedure and that there are no problems with your water supply. If you would like further information on this matter, please call our Water Quality Division at 742-6964 during working hours Monday through Friday. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 473 Page 9 of 473 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Proclaim January 12, 2020 as Haitian Earthquake Memorial Day. Jane Marcel will accept the proclamation. EXPLANATION OF REQUEST: On January 12, 2010 at 4:53 PM the worst earthquake in 200 years hit Haiti, and caused a widespread devastation across the country. The earthquake resulted in not only the loss of buildings but killed more than 300,000 people and left more than 1.5 million homeless. The earthquake in Haiti not only affected the lives of those living in Haiti it also had an impact on residents of the city, state and country. On this day, we remember and honor those who perished in the earthquake. 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 ® Haitian Earthquake Memorial Day Page 10 of 473 i r � Proclamation WHEREAS, on January 12, 2010 at 4:53 PM the worst earthquake in 200 years hit Haiti, and caused a widespread devastation across the country.The earthquake resulted in not only the loss of buildings but killed more than 300,000 people and left more than 1.5 million homeless; and WHEREAS,the earthquake in Haiti not only affected the lives of those living in Haiti it also had an impact on residents of the city, state and country;and WHEREAS, on this day, we remember and honor those who perished in the earthquake of January 12, 2010. We will never forget that horrific day nor will we forget how the American people and the World responded with compassion and generosity, prayer and hope for the Haitian people. Our obligation to ensure a better Haiti will not be forgotten;and WHEREAS, this anniversary of tragedy should also be an anniversary of triumph of Unity over divisiveness,love over hate,service over selfishness,and hope over despair. WHEREAS, we should demonstrate our respect for the victims of this terrible day by commemorating the lives lost and damage caused.We should also honor and celebrate the acts of resilience,courage,compassion and many other qualities that represent the best in human nature and the Haitian character. NOW THEREFORE,I, Steven B. Grant, Mayor of the City of Boynton Beach,Florida, do hereby proclaim January 12,2020 as: HAITIAN EARTHQUAKE MEMORIAL DAY IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach,Florida,the day of January Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the 5th Annual Joe DiMaggio Children's Hospital Magic Wheels & Special Deals event and the 8th Annual Barrier Free 5k Run, Walk& Roll event. EXPLANATION OF REQUEST: The Recreation & Parks Department is proud to host the 5th Annual Magic Wheels& Special Deals event, which is being sponsored by Joe DiMaggio Children's Hospital. The event, which will be held on Thursday, February 6 at Barrier Free Park (3111 S. Congress Ave.) beginning at 6 P.M., will feature the unveiling of the Magic Wheelchair and participation by several local organizations and vendors representing and supporting individuals with special needs. The 8th Annual Barrier Free 5k Run, Walk& Roll will be held on Saturday, February 8, beginning at 7:30 A.M.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: Budgeted Costs for the event are offset by sponsors. ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 12 of 473 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Proclaim Monday, January 20, 2020 as Martin Luther King J r. Day. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Martin L. King, Jr. Day Proclamation Page 13 of 473 Proclamation WHEREAS, Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice, and opportunity for all, and challenged all Americans to participate in the never-ending work of building a more perfect union;and Dr. King's teachings can continue to guide and inspire us in addressing challenges in our communities;and WHEREAS,the King Holiday and Service Act,enacted in 1994,designated the King Holiday as a national day of volunteer service, and charged the Corporation for National and Community Service with leading this effort; and since 1994 millions of Americans have been inspired by the life and work of Dr. Martin Luther King Jr. to serve their neighbors and communities on the King Holiday;and WHEREAS,serving on the King Holiday is an appropriate way to honor Dr. King,meet local and national needs, bring our citizens together, and strengthen our communities and nation; and, the King Day of Service is the only federal holiday commemorated as a national day of service,and offers an opportunity for Americans to give back to their communities on the holiday and make an ongoing commitment to service throughout the year;and WHEREAS, each of us can and must contribute to making our communities better with increased opportunity for all our citizens,and to celebrate the King Day of Service,January 20,2020. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 20,h day of January,Two Thousand Twenty as: DR. MARTIN LUTHER KING,JR. DAY 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 7h day of January,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration. EXPLANATION OF REQUEST: The City's Martin Luther King Jr. Celebration will be held on Monday, January 20, 2020 from 12:00 p.m. to 4:00 p.m. at Sara Sims Park (209 NW 9th Avenue). The Celebration will include music, children's activities, food vendors, and more! We invite everyone to attend this free family fun event. Churches, civic associations, and non-profit organizations are planning the Celebration and everyone is welcome to participate. Additional planning meetings are scheduled for Thursday, January 9th and Thursday, January 16th at City Hall beginning at 4:30 p.m. For more information, call 561.742.6642 or visit boynton-beach.org/mlk. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Support services for the MLK Celebration will be provided by City Departments such as Recreation, Public Works, Fire and Police. FISCAL IMPACT: Budgeted The Martin Luther King, Jr. Celebration is budgeted in the Special Events FY 19/20 annual budget. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The MILK Celebration will honor the legacy of Martin Luther King, Jr. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 473 Page 16 of 473 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Present a Certificate of Achievement from Mayor Steven B. Grant to Anthonette Thompson, a recent Career Online High School (CONS) graduate, that earned her high school diploma from the Library's online program. EXPLANATION OF REQUEST: To celebrate the achievement of Anthonette Thompson. She has successfully earned her high school diploma by completing the Career Online High School program offered by the Library. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Celebrating this achievement will help bring awareness to the Library's Career Online High School program to encourage other potential students to participate in the program. FISCAL IMPACT: Non-budgeted This program was paid for through the Florida State Division of Library and Information Services. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Certificate of Achievement Page 17 of 473 p Y i�.+'y Y 4 1 ns\�>wG tt �' t, , Kki oy l�rt. £ '` ji ,z � �' lt' \}�}ua i rot Ex s �� :'r rt Ah }IIt-NNuh } >� p; I t .:. i r r �,((' {.r �, t ." N r r n O O >1 'r ^VII r JW rd FF��ii sill f w f n r (Y) N p (J CO n �;� is 7 � uy t t r n k y l "Tl [� V I O Z � l F ti t�1F yi7 v trtlf,<, iS i� 4r ,e ISI F"� rw, l ,F°f l�TF I�rvv"4r { 1 qli r}� io OnMa ( V � U i d t tf�i� \i iA}i a SK. t r • f 71� � N 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: General Election Proclamation for March 17, 2020- presented by Mayor Steven B. Grant EXPLANATION OF REQUEST: On December 10, 2019, the qualifying period for candidates for Commissioner District I I and Commissioner District IV closed. There are two candidates for Commissioner District I I and three candidates for Commissioner District IV. The Proclamation declares all of the polling locations that will be active on Election Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The fiscal impact to the City primarily involves the cost of election advertisement, ballot printing and translation services. The base salary and expenses of pollworker positions and polling locations are covered by the Palm Beach County Supervisor of Elections, as the City is piggybacking the Presidential Preference Primary Election. The cost of conducting the election has been budgeted in the Fiscal Year 2020 budget. ALTERNATIVES: There is no alternative to having this election. Our elected officials serve three-year terms and the terms of Commissioner District I I and Commissioner District IV will expire in March 2020. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 19 of 473 ATTACHMENTS: Type Description D Proclamation Proclamation of Voting Information Page 20 of 473 PROCLAMATION I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a General Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 17th day of March 2020 to elect one Commissioner from District 2 and one Commissioner from District 4 to serve a three-year term expiring in March 2023. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: PRECINCT 3136 FREEDOM SHORES ELEMENTARY SCHOOL 3400 HYPOLUXO ROAD PRECINCT 3138 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3140 BOYNTON LAKES NORTH CLUBHOUSE 100 REDFORD DRIVE PRECINCT 3142 BOYNTON LAKES NORTH CLUBHOUSE 100 REDFORD DRIVE PRECINCT 3146 DISCOVERY VILLAGE AT BOYNTON BEACH (formerly Brookdale North Boynton Beach) 4735 NW 7Th COURT PRECINCT 3164 CITRUS COVE ELEMENTARY SCHOOL 8400 LAWRENCE ROAD PRECINCT 3168 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3172 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3174 BOYNTON BEACH FIRE STATION #3 3501 NORTH CONGRESS AVENUE PRECINCT 3176 BOYNTON BEACH HIGH SCHOOL 4975 PARK RIDGE BLVD. PRECINCT 3182 IMAGINE SCHOOLS CHANCELLOR CAMPUS 3333 HIGH RIDGE ROAD PRECINCT 3188 CHRIST FELLOWSHIP CHURCH BOYNTON BEACH 801 N. CONGRESS AVENUE PRECINCT 3190 IMAGINE SCHOOLS CHANCELLOR CAMPUS 3333 HIGH RIDGE ROAD PRECINCT 4024 HARVEY E. OYER JR. PARK US HWY. 1 AND NE 21ST AVENUE Page 21 of 473 PRECINCT 7178 TEMPLE BETH KODESH 501 NE 26TH AVENUE PRECINCT 7179 VILLAGE ROYALE ON THE GREEN 2501 NE 1ST COURT PRECINCT 7180 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7182 CAROLYN SIMS CENTER 225 NW 12TH AVENUE PRECINCT 7184 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. 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 7tH day of January, Two Thousand Twenty. CITY OF BOYNTON BEACH STEVEN B GRANT, MAYOR ATTEST: CRYSTAL GIBSON, MMC CITY CLERK (Corporate Seal) Page 22 of 473 5.A. ADMINISTRATIVE 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 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 boards full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Appointments and Applicants for January 2020 D Addendum Flay, Woodrow D Addendum Wright, Bernard Page 23 of 473 Appointments and Applicants for January 7, 2019 Building Board of Adjustments and Appeals II McCray Reg 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 3) IV Penserga Alt 2 yr term to 12/20 Mayor Grant Alt 2 yr term to 12/21 Applicants: None Community Redevelopment Agency Advisory Board I Katz Reg 2 yr term to 12/21 (Tabled 3) Applicants: Woodrow Hay Bernard Wright Education and Youth Advisory Board III Romelus STU NV 2 yr term to 12/21 (Tabled 3) IV Penserga Reg 2 yr term to 12/21 (Tabled 2) Mayor Grant STU 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board III Romelus Alt 2 yr term to 12/20(Tabled 3) II McCray Reg 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 3) IV Penserga Alt 2 yr term to 12/21 (Tabled 2) Applicants: None Library Board II McCray Reg 2 yr term to 12/21 (Tabled 3) III Romelus Reg 2 yr term to 12/21 (Tabled 3) IV Penserga Reg 2 yr term to 12/20 (Tabled 3) Mayor Grant Alt 2 yr term to 12121 (Tabled 3) 1 Katz Alt 2 yr term to 12/20 (Tabled 3) Applicants: Page 24 of 473 None Senior Advisory Board Mayor Grant Reg 2 yr term to 12/21 (Tabled 3) 1 Katz Alt 2 yr term to 12/21 (Tabled 3) II McCray Reg 2 yr term to 12/20 Applicants: None. Page 25 of 473 r, CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name Gender: Telephone # -70 Address . � Zip Code 33 Other , E-mail Address: Phone: Current occupation or prior occupation: Education Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? Yes No Do you own/manage a business within the City limits: Yes No If"yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes No If so, which board(s) and when? -17 2 007 Have you ever been convicted of a crime? If so, when a Where_ Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Library Board Building Board of Adjustment&Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers'Retirement Trust Fund Education and Youth Advisory Board Recreation &Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\ElllsS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 26 of 473 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I 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. Signature: Date: CAUsers\EIIisS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 27 of 473 s CITY OF TON BEACH D ADVISORY BOARD a� APPOINTMENTI Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name AJC—` �� r- F'� I Gender: P'l Telephone # Address r7 W kJ I - - - Zip Code ,2Other E-mail Address: @��sc�,Z-C�� r-', ., (C_157 ' ` �4-��i� Phone: Current occupation or prior occupation: Education. �� Vii. �t�c t�D lU Q__-4 Q.� 1 r eg s G S G�,J_(�_Kd, G X_�—Tr 1� —T— Are you a registered voter? Y4eS No Do you reside within the Boynton Beach City limits? �—_ `Yes No Do you own/manage a business within the City limits, Yes_ ____ No If"yes", name of business Q ex-UcLP� _ " -rr► ��S(T- _ Are you currently serving on a City board? - Yes G--fdo Have you served on a City board in the past? __Y s �o If so, which board(s)and when? Have you ever been convicted of a crime? f ,. If so, when Where J Please indicate which advisory board you are seeking appointment. For board listing, requirements, re�ponsbiWes and meeting times and dates, see pages 3 and 4 attached. �Arts Commission Library Board w � I' Building Board of Adjustment&Appeals Planning & Development BoarW _= �i''Community Redevelopment Advisory Board Police Officers'Retirement Tryst Education and Youth Advisory Board Recreation &Parks Board o ' Employees'Pension Board Senior Advisory Board •• cc Firefighters'Pension Trust Fund r5 rn Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EllisS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 28 of 473 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. A/12 C) -S 0.5 5 L'z5--l'.-k r 4 C; �'-S-Q_r A.L dte-d LA-5 -C Z--S-V-v-1� Please list any professional memberships L,6-cL P7 E4 ST- (Lo ce"S-T- t'e-C-T-0-r- C> IL)t) Le_L 0-� T: Z. l� Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I 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. signatureC—K Date: C:\Users\ElhsS\Desktop\Master Form-Talent Bank Form-REVISED 11-9-16.doc Page 29 of 473 5.B. ADMINISTRATIVE 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approve travel for Commissioner Romelus to speak at the Ruth's List Annual She's the Change Leadership Conference in Orlando, FL on March 28, 2020. EXPLANATION OF REQUEST: Commissioner Romelus has been invited to speak during the "Meet Your Elected Official" session of the Ruth's List Annual She's the Change Leadership Conference in Orlando, FL on March 28, 2020. The conference will take place at the Rosen Hotel in Orlando and over 450 attendees from around Florida are expected. The theme is 1920-2020: She's the Change Past, Present & Future and the keynote speaker will be former Michigan Governor Jennifer Granholm. More information on the conference can be found online by visiting https://ruthslistfl.org/ruths-list-conference-2020/. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The conference has a nightly hotel rate of$159 and Commissioner Romelus plans to spend one night. Event parking is $8 per day for self-parking guests. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 30 of 473 6.A. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Authorize the piggybacking via purchase order of the Sourcewell Contract #022217-NW F with Verizon Connect NW F for an annual cost of $43,632.50 for vehicle tracking systems with a one off set up fee of $14,771.30. Sourcewell procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The utility is seeking to replace the current Automatic Vehicle Location (AVL) vehicle locator system and has reviewed a number of options to include Verizon Connect NW F Inc. The Verizon Connect system will provide information such as vehicle location, engine condition and speed plus reports on the vehicle mechanical and electrical status. It is possible to enter geo-fencing conditions, which will provide an alarm if a vehicle enters a restricted area or leaves the service area. The basic information is similar to that available from the current AVL system used in the utility at a savings of $1,206.38 per month; current AVL monthly cost $3,611.48 compared to Verizon Connect NW F I nc. of$2,405.10. In addition to the basic functionality common to many systems, the proposed system has other desirable features. The Verizon Connect system will not require installed equipment on all 2017 vehicles and newer; which reduces cost and maintenance activities. Additionally, the mobile app replaces the requirement for installed tablets in every vehicle; the majority of utility drivers already have assigned city phones. Verizon Connect report functionality is customizable to the needs of the user; customizable forms can be created as part of the mobile app such as pre-trip inspections. Additional features include turn-by-turn route information, sending messages and alerts to supervisor, fleet maintenance activities, and driver sign-in. The current AVL devices are to be phased out in the near future and do not provide the same level of information. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the tracking system will provide a number of additional services for the city. Fleet management will have immediate reports on any vehicle problems ensuring faster response to the issues and prevention of major damage. Pre-trip inspections will be completed on the mobile app instead of paper allowing for more efficient fleet management. FISCAL IMPACT: The total cost is$43,632.50 One-time cost of$14,771.30 Monthly cost of$2,405.10 81 vehicles and 65 pumps, generator, and other mobile equipment. Training included, units to be installed by city personnel. Funds have been budgeted in accounts: 401-2810-536-46.91 401-2811-536-46.91 401-2814-536-46.91 401-2815-536-46.91 401-2816-536-46.91 401-2819-536-46.91 401-2821-536-46.91 401-2823-536-46.91 401-2824-536-46.91 Page 31 of 473 ALTERNATIVES: Upgrade the current AVL system (non city standard) at a higher cost with less features or continue seeking a replacement for the AVL system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D (quotes Verizon Proposal D Contract Source II contract Page 32 of 473 Networkfleet Pricing Proposal ��;�� Date:12-10-19 Patrick Nuciforo Please review your custom Pricing Proposal below. For questions, please inquire with your sales contact. patrick.nuciforo@verizon.com BILLING INFORMATION SHIPPING INFORMATION Bill To Company: /City of Boynton Beach Ship-To Company: /City of Boynton Beach Billing Address: 124 E WOOLBRIGHT RD Shipping Address: City: BOYNTON BEACH City: State: FL State: Zip: 33435 Zip: PRODUCTS&SERVICES SEQ ITEM SKU CATEGORY QTY TERM NRC PRICE NRC TOTAL MRC PRICE MRC TOTAL SOL-TELOGIS 1 SOL-TELOGIS GOVERNMENT ASSET POWERED GOVERNMENT ASSET SOLUTION 65 12 Months 0.00 12,260.30 0.00 858.00 POWERED-VERIZON 1.1 STANDARD EQUIPMENT-ASSETPOWERED AHP10001 HARDWARE 65 N/A 188.62 12,260.30 0.00 0.00 1.2 VCT GOVERNMENT ASSET SUBSCRIPTION FAS10003G SERVICE 65 12 Months 0.00 0.00 13.20 858.00 SOL-TELOGIS 2 SOL-TELOGIS GOVERNMENT FLEET ENHANCED GOVERNMENT FLEET SOLUTION 81 12 Months 0.00 2,511.00 0.00 1,547.10 ENHANCED-VERIZON 2.1 STANDARD EQUIPMENT-FLEET FHW10001 HARDWARE 81 N/A 31.00 2,511.00 0.00 0.00 2.2 VCT GOVERNMENT FLEET ENHANCED SUBSCRIPTION FSS10002G SERVICE 81 12 Months 0.00 0.00 19.10 1,547.10 *Sales Tax and Shipping are additional to this subtotal *ONETIME CHARGE: $14,771.30 *MONTHLY RECURRING CHARGES: $2,405.10 COMMENTS TERMS AND CONDITIONS 1. Pricing provided for this quote is valid for Sourcewell(formerly NJPA)procurements only. Any future contract shall be issued under Verizon Connect NWF Inc.(VCN)(formerly Networkfleet)Sourcewell Contract#022217-NWF and associated attachments therein. No other terms and conditions apply. 2.Should a Purchase Order(PO)be issued to VCN for the procurement of the items quoted,the PO number will be used for reference purposes ONLY on any invoice from VCN. Any terms and conditions contained in the purchase order are rejected,void and have no force or effect. 3.Shipping and/or applicable taxes: a.Pricing provided does not include taxes.Taxes(if applicable)are applied to the monthly invoice b.Shipping: FOB Destination. Shipping is included in the price above. 4. Discount for Networkfleet 5200 and 5500 series products only: New and existing Government customers purchasing either the Networkfleet 5200 or 5500 Series Devices,from 11/22/2019 to 12/31/2019,will receive a device discount of$85.00 for each new 5200 or 5500 Series Device with a new line of Networkfleet Service and a minimum twelve(12)month Device Contract Term.The applicable Device will be activated on installation in a vehicle.The Networkfleet Services fee for the applicable Device begins at the time of activation of the Device.NOTE:Any executed order,received later than 12/31/2019,will be null and void and ineligible to receive the discount described above. Page 33 of 473 r l °F Form C EXCEPTIONS TO PROPOSAL,TERMS,CONDITIONS, ANIS SOLUTIONS R��IJGST Company Name: l�let�workfleet,Inc. �. Any exceptions to the teens,conditions,specifications,or proposal Fon-ns contained in this R.FP inust be noted in writing and included with[lie Proposer's response. The Proposer acknowledges that tate exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will aaaake reasonable efforts to accon nnodate the listed exceptions and may clarify the exceptions in the appropriate section below. Tenn,Condition,or lJ'A Section/pae Specification -Exception ACCEPTS, 8.8/27 and Indemnification and patent Networkfleet proposes to replace the 8.18127 and copyright inrringement indemnification and Patent and copyright Not Accepted, i dalri ngenrent provisions as deli ned it)the aforementioned sections of the RFP with Section 12 Indemnification fi•oan the Additional Terms and Conditions tisted alcove, 8.23n29 Material Suppliers and Sub- Networkfleet can provide NJPA with Contractors information pertainhig to our suppt ers, however,Net ivorkileet does not ngree to provide the same itlFtirsnation to MFA members. See Exhibit C-i for additional requested terrors to be Included In any resulting See Below contract, b Proposer's Signatures Date: NJPA's clarification on eyce„ations listen above: 8.23- Acknowledged as a proposal. This response Is best included in the relevant questions within Form P, :Exhibit C-1 These [tents nany be addressed on the purchase order-level with Individual customers Ire ieawed anti . r�ovel Nloxl ` /-7 eg Depaartutent '/ toss ckumend and dace dnlarmahn disdosed YndNA OcP' vq the dctrmrenl 9Ov.jure and condeNs,are rurlidenft ark the propllotary property+ol Veneon and k aaFdia[e9 srx1 sub &Dta4es and are paolacw j by raterfl ca{rodgh€acrd athar prorrleday rights AM d5ckiswe In a Ihird parry 41 whore et in Vwt in any rnaP,ter is exprassly pmth lel}rnlhoul the Prior wrdllen permi55:Cn rod ye"an raatAvAreek Inc Farm C,Page t Page 34 of 473 ovouaignEnvelope[o�5oCao1r e-37526pG06CE1 I HimVehzonConnedNVVF |nu noerIZOW (formerly NebworkOeot, tncj ..Wnneux SouroeweWConirad #O22217-NVVF Exhibit C-1.Additional T&Ga, rev 1-15-2O1QExhibit C-1: Verizon Connect NWF Additional Terms and Conditions | � The general terms and conditions governing the purchase and use by a Sourcewell Member ("Customer" or "You")of � products and services of Verizon Connect NVVF Inc. (VCN), a subsidiary of Verizon Connect, are set forth below (hereinafter referred tuasthe "Agreement"). You will be required to agree tVthis Agreement by either providing an / electronic signature as part of completing an electronic Order Form or by signing an Order Form for VCN products and services. if you do not agree to this Agreement,you may not order VCN products or services. � 1. DEFINITIONS � When used in this Agreement,the following terms,when capitalized,shall have the meaning as set forth below: � 1.1. Accepted Order Form: AnOrder Form which has been executed byCustomer and accepted byVCN. 1.Z. Agreement Term: The term ofthis Agreement asset forth in Section 11.1 below. 1.3. Bundled Billing Start Date: The first ofthe month following the month the bundled Devices are shipped. 1.4. Confidential Information: Any non-public or proprietary information of a party (the °Dbdms|mg Party") which is obtained by the other party (the "Receiving Party") in the course of activity pursuant to this Agreement, including information which is disclosed on an Order Form, or in connection with the provision to,and use by,Customer of VCN products and services,whether such information is disclosed in oral,written, graphic, electronic orany other form. Confidential Information does not include any information that the Receiving Party can show: (a)was known to the Receiving Party prior to receiving the same from the Disclosing Party;(b) is independently developed by the Receiving Party;(c)is acquired by the Receiving Party from another source that has the right to disclose such information without restriction as to use or disclosure; or(d) is or becomes part of the public domain through no fault or action of the Receiving Party. 15 �u��mmerVVa�m1t� Pages: The pages VCN Website which one designated by for by . . � Customer. 1.6. Device Contract Term: The minimum length of time a Device is required to be active as identified on the � applicable Accepted Order Form. 1.7. Devices: The wireless device mrdevices designated onamAccepted Order Form. 1.0. Fees: The Device and accessory purchase prices,Device installation fees,the VCN Service fees and any other fees payable byCustomer asset forth ioanAccepted Order Form. 1.9. Order Form: An order form provided by VCN to Customer, pursuant towhich Customer orders Devices, and/or Services. 1.1O. VCN Services: The services offered hereunder by VCN,from time to time, including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) analysis, delivery and posting of Vehicle information to the VCN Website; (o) notification to Customer and/or a designated third party by e- mail of certain events or Vehicle information;(d)Customer access and usage of Customer Website Pages;(e) Device installation services; but only to the extent such services are identified on an Accepted Order Form) (f)any proprietary data feed or elements thereof or any application programming interfaces(API's)provided byVCN(°VCNData Serv4ues"),but on|yto the extent such services are identified onanAccepted Order Form; and(g)any professional services provided by VCN as set forth on a Professional Services Addendum attached toanorder. 1.11. VCN Website: The VCN website currently located at . 1.12. Service Partners: The companies that VCN and VCT work with,from time totime,toprovide the VCN Services and/or VCT Software Service, including, but not limited to, vv1n*[ess service carriers, installers, website operators, mapping data providers and licensors. BxhibiiC-|, Page Page 35Of473 Dmu SignEnvmopelo:moCBB1re-480G-47CC-ueco-3r6u8FooeCe1 Ve,bonConnect NVVFInc, mrer (fomleMyNetwmrkfee . Yno,) %cmnnNMc L Snurnovoe|1Cmn1raoi#O22217-NVVF ExhibiiC1^Add Aiono|T&Ca. rev 1,-16-2010 1.13. Vehicle: Anon-road vehicle,off-road vehicle and/or stationary o,movable equipment owned orunder the control ofCustomer,which is equipped with o Device. 1.14. Definitions applicable solely to the Verizon Connect(VCT)Platform products and services: 1.14.1 Map Data: The map data and satellite imagery provided as part of the Software Service, The use of Map Data is pursuant to applicable end user license agreements which are incorporated herein � byreference and can befound onthe VCT Website. � � 1.14.2 Product: Any equipment oraccessory provided for use with any Software Service, 1.14.3 Product Installation Services: The set of services offered to install a Product in accordance with � Section 4below. 1.144 Remote Software: Software that may be provided bwuCNthat will be installed on m permitted � device or computer system to access the Service Website and certain additional features of the � Software Sen/ice. The use of Remote Software is pursuant to applicable end user license � agreements which are incorporated herein by reference and may be found on the VCT Website. � 1.24.5 Service Website: An accesa-nestriotedwebsiteamd its related databases,servers, and software. / � 1.14.6 Server Software. The software residing onthe Service Website. | 1,14.7 Software Service.Any software service ordered hereunder. � 1.14.8 VC?: Verizon Connect Te|oInc. ioanaffiliate ofVCN. 1.14.9 VCT Website: The VCT\webx1telocated atvvvvw.verizonconmec±.00m. 1.14.10 Third Party Services- The services that Customer may elect to receive directly from a third party, including wireless service,internet service,safety monitoring,fuel card,or any other service related | tothe Software Servioe Additional / . � and Customer apply if Third Party Services are used in connection with the Software Service. � 1,14.11 Third Party Service Providers: The providers ofthe Third Party Services. � 2. ORDERS,DELIVERY,AND ACCEPTANCE 2.1. Customer may not modify,rescind orcancel an Accepted Order Form,in whole orin part,without VCN's written consent; any such action by Customer shall be considered null and void and have no effect on the Accepted Order Form. The transmittal by VCN to Customer of an Order Form does not constitute an offer. All orders are subject to acceptance bVVCN, evidenced either (a) in writ|ngv|a email, or (b) byshipping the Devices or provisioning the VCNServices mrthe VCT Software Service. 2.2. Shipping, Risk ofLoss and Acceptance: Devices will be shipped to the address designated on Customer's Accepted Order Form. Title and risk of loss will transfer to Customer upon receipt of the Devices by Customer or Customer's agent at the address designated on Customer's Accepted Order Form. Shipping iaincluded )n the price ofequipment. 3. LICENSE 3.l. VCNLICENSE 3.1.1 During the time that Customer is entitled to receive VCN Services hereunder,VCN grants to Customer a non-exdusive,non-transferable license to:Ja|use the VCNServices imthe United States and such other countries as may be approved byVCN in writing; (b)access and use the Customer Website Pages; and (c) use the f|rmmvvanaand the software included in the VCN Devices,solely for use in connection with the VCNServices, and asprovided inthis Agreement. Redistribution orresale ofthe VCNServices bythe Customer is prohibited without VCN'a prior written consent. Exhibit C-|, Page 3 Page 36Of473 ououSionEnvelope ID:maCeo1 VerizumCmnnao NVVF |mo. x�m�rm�� (#»nnar>yNeiwork&an4. |no ) con0Ne.t*.6 8uunoem/eNCumtact#Q22217'NVWF Exhibit C-1.Adddiona|T&Gs, rev 1-15-2019 3.1.2 VCN Data Services, if applicable, are subject tothe then current "VCN Data Services Use Policy and Procedure" which is located athit atic.verizonconiiect.coin/netwot,kfleet/Data Services Use Epllcy.gdf � � as it may be updated from � time hntime. lI VCT LICENSE 3.21 During the term during which Customer is entitled to use the Software Service hereunder, Customer will have a non-exclusive, non-transferable license to: (i) access and use the Server Software through the Service Website within the United States; (ii) download one copy of the Remote Software to each permitted device orcomputer system; (iii) install and use, for its internal business purposes only, the Remote Software on each permitted device orcomputer system; (iv) view any Map Data; and (v) use the Software Service inaccordance with these Terms and Conditions. 4. INSTALLATION SERVICES 4.1. VCN: If VCN accepts an order for VCN Device installation services, VCN or its Service Partners will install the � � VCN Device in the applicable vehicle at a mutually agreed location,in accordance with VCN's Installation Policy, � located at as |tmay beamended from time � to time. The parties will use reasonable efforts toschedule and complete the installation during normal � working hours within thirty(30)days of the date of acceptance of the installation orde. Before proceeding with | | any installation that involves more work than is standard and customary,VCN will advise and obtain Customer � approval for additional fees to becharged for such non-standard installation. Customer acknowledges and agrees that installation of the VCN Device may involve drilling holes, rewiring, and performing other similar alterations to the Vehicle and that VCN has no obligation to restore the Vehicle to its original state after removal of the VCN Device. 4.2. VCT PLATFORM: VCN will perform Product Installation Services pursuant tothese Terms and Conditions to enable VCT products and services ordered bvCustomer. Product Installation Services may beperformed bva Service Partner,who,will install the Product at a mutually agreed upon time and location. Product Installation Services include: (1) the installation of Products and corresponding accessories into Customer designated vehicles;and (U)the provision ofcable wiring and other minor ancillary parts required toinstall the purchased Product. Prior to installation, Customer must provide to VCN, an accurate list of Products to be installed and � � the address where Product should beshipped. Customer personnel must beonsite during Product installation to: (I) provide keys and access to vehicles;(ii)allow for vehicle inspections;and(iii)identify installation-related issues. If Customer personnel does not nanma)m onsite during the entirety of the installation process, the installation will be deemed accepted when completed. The following services are outside the scope ofVCN's Product Installation Services;VCN will not be obligated to: (a) procure,install,or configure mobile devices; (b) install tablets or tablet mounts; or (d train Customer on how to self-install Product or other hardware, Generally, VCN will require two to three weeks' lead-time to begin installations. When Product Installation Services are completed,the installer will provide an installation logto Customer documenting any issues found. Installer will follow generally accepted industry standards when performing Product Installation Services. Specific installation requests must beprovided bvCustomer lnwriting. 5. TRAINING AND SUPPORT SERVICES 5.1. Customer will designate one or more employee(s)to act as the coordinator(s)for Customer's use of the Devices and VCN Services and will require such coordinator(s)to participate in training provided from time to time by VCN. 5.2. During the time Customer isentitled to receive Services,and subject toSection Dbelow(Exdus1ond,VCN orits designee will provide Customer with reasonable telephone or e-mail consultation and technical assistance regarding the Devices and VCN Services dudn0VCN's regular working hours. Customer may call VCN or its designee ot(86G)227-7323ore-mail inquiries to for support services, Exhibit C-|, Page 4 Page 37Of473 DocuSign Envelope ID:53CBB17B-48OB-47CC-8E2B-37526FC06CE1 IsAftVerizon Connect WF Inc, ver]ZO N n (formerly Networkfleet, Inc.) ^ raA ....nneux Sourcevvell Contract #022217-10W Exhibit C-1, Addliional T&Cs, rev 1-15-2019 6. CUSTOMER OBLIGATIONS 6.1 VCN: Customer agrees to use the VCN Devices,VCN Services,VCN Website, and Customer Website Pages in accordance with their intended purposes. Customer shall comply, and cause its employees and agents to comply, with all applicable laws and regulations and with VCN's Website Acceptable Use Policy and Privacy Policy which are available on the VCN Website. Customerwill provide notice to its Vehicle operators that the Vehicle has been enabled for VCN Services and that VCN Services and that VCN Services may collect data associated with the Vehicle's location and manner of operation. 6,2 VCT PLATFORM: Customer agrees to use the Products, Service Website, Server Software, Remote Software, Map Data, and VCT Website in accordance with their intended purposes. Customer shall comply, and cause its employees and agents to comply with all applicable laws and regulations,VCT's acceptable use policy, and all other policies that VCT may establish from time to time,which are,or will be available on the VCT Website.Customer will provide notice to their vehicle operators that the vehicles have been enabled for Software Service and that the Software Service may collect data associated with the vehicle's location and manner of operation. 7. LIMITED WARRANTY 7.1. VCN: 7.1.1 Devices: VCN warrants to Customer that VCN Devices (other than Asset Tracker Devices) and harnesses will be free from defects in material and workmanship that prevent the VCN Device from functioning in accordance with its specifications for the entire period of ownership of such VCN Device 7.1,2 Asset Tracker Devices: VCN warrants to Customer that Asset Tracker Devices (excluding the battery) which have been purchased new from VCN by Customer will be free from defects in material and workmanship that prevent the VCN Device from functioning in accordance with its specifications for a period of three (3)years following the initial activation of such device. 7.1.3 Accessories. VCN warrants to Customer that all accessories(other than harnesses)which are purchased new from VCN by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment. 7.1.4 Installation Services: 7.1,4.1 Standard Warranty: VCN warrants to Customer that installation services provided by VCN or its authorized subcontractors will be free from defects in workmanship for a period of one (1) year following completion of such installation services. 7.1.4.2 Extended Warranty: In the event Customer purchases an extended installation warranty (-Limited Lifetime"), VCN warrants to Customer that such installation services shall be free from defects in workmanship for the entire period of Customer's uninterrupted use of the VCN Device pursuant to this Agreement. 7.1.5 Warranty Claims. Warranty claims must be made by notifying VCN in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in VCN's then-current applicable warranty policy located at https:/Istatic.verizonconnect.coi,n/iietworkfieet/Limited Lifetinne Warranty Policy Direct VAIN.pdf. Subject to Section 8 below (Exclusions) and the provisions of VCN's then-current applicable warranty policy, VCN will, at its discretion, either repair or replace any non-complying VCN Device with a VCN Device of equivalent functionality, and,if applicable, remedy any defects in the installation of the VCN Device. 7.1.6 THE REMEDIES IN THIS SECTION 7 ARE VCN'S ONLY OBLIGATION AND CUSTOMER'S ONLY REMEDY FOR BREACH OF ANY WARRANTY. 7.2. VCT PLATFORM: Exhibit C-1, Page 5 Page 38 of 473 ovu mwmemvvmmKD:uucBa1 1 Verizon Connect N\NF |mo- wemzon (formerly Wahwark[eet. Imo) con�0��M��lL Smunoewel|Conti-act#022217-NVVF Exhibit C-1. AddiMumaUT8',Cm. rev 1-15-2O1g 7.2.1VCN warrants to Customer that a Product purchased hereunder will be free from material defects in | material and workmanship that prevent the Product from functioning in accorclancewith its specifications � fora period aftwelve(l2)months from shipment; � 7.2.2 VCN warrants to Customer that the Software Service will materially conform to the applicable user documentation provided with the Software Service for the term ofthe order; | 723 VCN warrants to Customer that Product Installation Services will be free from defects in workmanship for thirty(3O)days from completion ofsuch installation; 7.2.4 VCN will, at its discretion, repair or replace any Product with a Product of equivalent functionality, and if applicable, remedy any defects in installation of the Product. VCN will use commercially reasonable efforts to repair or replace the non-conforming Software Service as a part of support and maintenance for the Software Service; 725 THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. EXCLUSIONS ' 8. EXCLUSIONS: ' ! 8.1. VCN: The Limited Warranty and support services provided by VCN do not include repair, replacement or correction of any defect, damage or malfunctions caused by: (a) for installation not performed by VCN �r its ` ' | authorized subcontractors ("Self Installation"),failure to properly install the VCN Devices asdescribed inthe VCN installation guides (for clarification,the applicable warranty shall apply except tothe extent any defect, / damage or malfunctions were caused by improper Self Installation); (b)accident, negligence,theft,vandalism, � operator error, misuse or acts of God; (c)failure of the facilities Customer uses to access the VCN Website or failure to conform to VCN specifications; (d) modifications, attachments, repairs or unauthorized parts ! replacements performed by Customer or any third party not authorized by VCN; or (e) use by Customer of � � hardware or software not provided or approved by VCN. Customer will be responsible for the cost of any support services provided byVCN caused byany ofthe foregoing. � 8.2. VCT PLATFORM: The limited warranty does not cover any Product which: (i) has been repaired,disassembled, reverse engineered, decompiled, adjusted, altered,or modified in any way so as in the judgement of VCN, or ! its supplier to affect its stability and reliability; (R) has an accessory purchased from any entity other than VCN � installed thereon; HiQ has been subject to misuse, abuse, negligence, accident, incorrect installation (unless installed by VCN, VCT or Service Partner), or improper storage, maintenance, or operation; (iv) has had � software installed on it by a party other than the original manufacturer,VCN,or Service Partner; (v) has been subjected to operating or environmental conditions that deviate from the Product's specifications;(vi)has been damaged due to acts of God; (vii) has been damaged due to service performed by an unauthorized entity; or (vH|) has its serial number defaced, altered, orremoved. The limited warranty does not extend toMap Data. Nothing will be construed as providing or intending to provide a limited warranty toa third party.The limited warranty will not apply if Customer has more than one On-Board Diagnostic System 11 device connected to an On-Board Diagnostic System port atatime. The limited warranty does not extend toany accessories(e.g.panic switch, |Q button, cables, and other accessories purchased for use with location tracking units) or tablets, except that VCN will pass on to Customer any manufacturer warranty made available by manufacturer, if applicable. VCN does not warrant installations during any period, (a) against abuse, misuse, modification, or unintended use;or(b)an installation which results in covering or otherwise concealing an antenna, 9. DISCLAIMER(]FWARRANTIES � 9.1. VCN: EXCEPT FOR THE LIMITED DEVICE AND INSTALLATION WARRANTY SET FORTH IN SECTION 7 ABOVE,VCN / MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE VCN DEVICES AND THE VCN SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,VCN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS DR IMPLIED, INCLUDING, BUT NOT LiK4|TEO TO, IMPLIED WARRANTIES [}FNDN|NFRINGEK4ENT, MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, AND Emhibit C-1, Page 6 Page 39Of473 DncuSignEnvelope 0�53CGBnB-48OB-4rCC- E2s-37526rC06CEI I Aft VohzonConnec WVVF Inc. xm Ubmner;yNetwohk8eat. |nm] conh6ct Sourcewd|Cmn&rao #022217'NVVF Exhibit C-1, AddidumuYT&Ca. rev 1-15-2010 ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF � � TRADE. VCN DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE VCN DEVICES WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR-FREE, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND � OTHER CONTENT FROM VCN TOCUSTOMER URTOTHE CUSTOMER WEBSITE PAGES WILL ALWAYS BE � ACCURATE,TIMELY ORCOMPLETE. 9.2. VCT PLATFORM: EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SET FORTH IN SECTION 7.2, NETWORKFLET MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD, � OR THE SOFTWARE SERVICE,SUPPORT SERVICES,REMOTE SOFTWARE,SERVER SOFTWARE,SERVICE WEBSITE, � MAP DATA, COLLECTED DATA, ALERTS, REPORTS (INCLUDING HOURS OF SERVICE ("HOS-) REPORTS), OR � INSTALLATION PROVIDED HEREUNDER, INCLUDING QUALITY, RELIABILITY, OR ACCURACY; (11)THE SOFTWARE � SERVICE, SUPPORT SERVICES, REMOTE SOFTWARE, SERVER SOFTWARE, SERVICE WEBSITE, MAP DATA, COLLECTED DATA, AND PRODUCTS ARE PROVIDED "AS |S" AND "WITH ALL FAULTS BASIS"; AND (||Y) VCN EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, VCN DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, PERFORMANCE, ACCURACY ORTHE RESULTS OF THE USE OF PRODUCTS, SOFTWARE SREV10E (INCLUDING ALERTS OR HOS),SUPPORT SERVICES,SERVICE WEBSITE,SERVER SOFTWARE,REMOTE SOFTWARE, MAP DATA, COLLECTED DATA, ALERTS, OR REPORTS IN TERMS OF CORRECTNESS, ACCURACY, RELABILITY,OR OTHERWISE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY VCN WILL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO,AND WILL NOT, RELY ON ANY SUCH ADVICE OR INFORMATION. 10. FEES AND PAYMENT TERMS 10.1.Unless otherwise provided in an Accepted Order Form,orbywritten agreement between VCN and Customer: 10.l.1 Unbundled Devices and Accessories: Purchase prices and shipping fees are invoiced upon delivery of the Device and/or accessory,asapplicable,tothe common carrier for shipment toCustomer. 1O.1.2Unbundled Network Services and Software Service: The Services fee for aDevice begins atthe time of activation ofthe Device and is invoiced monthly inarrears. 10.1.3 Bundled Devices: The monthly bundled rate for a Device (includes Device, applicable accessory, VCN Services and ground shipping)is invoiced monthly in arrears on the Bundled Billing Start Date as defined in Section 1.3 above. 10,1.4 Device Installation Fee: [fapplicable,the Device installation fee is invoiced one-time upon completion of the installation services. However if the extended installation /Um|ted Lifetime) warranty is purchased,then the monthly installation fee is invoiced upon applicable Device activation. 18.2.Unless otherwise provided in an Accepted Order Form,or by written notice by VCN to Customer/whioh notice cannot provide for a payment date prior to the invoice date), payment of all fees must be made automatically via credit or debit card orACH on the invoice date. Customer is responsible for providing updated payment authorizations if payment information changes and failure to do so may result in m suspension or termination ofVCN Services. 10.3.All other fees are due and payable as set forth in the Accepted Order Form. I8.4.Fees donot include applicable taxes and surcharges. VCN may charge, and Customer agrees toberesponsible for, and pay at the same time as Fees are paid, applicable state and local sales taxes and other government mandated fees|nconnection with the sale ofthe Devices,VCN Services,and Software Service unless Customer has provided satisfactory certificates urother evidence of exemption. 10.5.Customer understands and agrees that the VCN Website contains functionality that allows Customer to make changes to Customer's account, including changes by Customer which may affect the monthly charges for the VCN Service orother fees payable to VCN. Customer shall be responsible for all charges resulting from Customer's actions initiated through Customer's access tothe VCN Website. BxbibitC'|° Page 7 Page 40Of473 Duo 8ignEn,elopw8D:u3CBe17 a-37526pc06os1 uAlkVerizon Connect WVVFInc, wemmzon (formerly NebworkOemd. |noj JL con0��ucl Sourcewell Contract#022217-NVVF Exhibit C-1,Additional T&Cs, rev 1-1S-3019 11. TERM,SUSPENSION AND TERMINATION 11.1.Agreement Term: The initial Agreement Term shall be for the Device Contract Term specified on the Accepted Order Form, beginning on the effective date of the Accepted Order Form. Upon expiration of the |n|da| Agreement Term,this Agreement will automatically renew for one-month periods until either party elects to terminate by providing written notice to the other party, or the Agreement is otherwise terminated, as set forth herein. 11.2.Device Contract Term. The Device Contract Term for each Device begins: (a)for non-bundled Devices upon � activation; or(b) for bundled Devices upon the Bundled Billing Start Data. When the Device Contract Term expires,VCN Services shall continue on e month-to-month basis. 11.3.Termination: Either party may terminate its obligations pursuant to an Accepted Order Formby giving written � notice to the other party: /a\immediately if the other party breaches its obligations under an Accepted Order Form or this Agreement and fails to cure such breach within ten (10) days after receipt of notice for payment breach or within thirty(30)days after receipt of notice for all other types of breaches(or such later date as may be specified in the notice);or(b)without cause with sixty(60)daysadvance written notice. (fnotice ofbreach is sent byVCN,during the notice or cure period VCN may suspend Customer's access to and use of the Customer � � Website Pages and/or VCN Services with respect to all Customer Devices, without incurring any liability whatsoever, until the breach is cured,and Customer shall remain liable for all applicable Fees while access and use are suspended. 11,4.VCN may terminate its obligations pursuant to an Accepted Order Form immediately and without limiting its � | other rights or remedies available at |avv or in equity if Customer breaches its obligations under an Accepted Order Form or this Agreement and was sent a prior notice of breach during the preceding twelve(12) months, such termination to be effective on the date specified in the notice or the date of the notice, if no effective date iospecified. � | 11.5,ETF: VCN will charge an early termination fee ("ETF") for Devices terminated by VCN pursuant to Section 113(a)or 11.4 above,or terminated by Customer pursuant to Section 11.3(b)above prior to the Device being activated for at least the length of its applicable Device Contract Term in the amount of: (a)Ten Dollars($10.00) per month for each bundled Device (other than for m bundled Expnemdleet Device) for the remainder of the Device Contract Term, or (b) Five Do||nco ($5.00) per month for each bundled Expmesdleat Device for the remainder ofthe Device Contract Term. 11.6.If the obligations of either party pursuant to an Accepted Order Form are terminated for any reason in accordance with this Section 11, the VCN Services will terminate effective as of the date of the termination, Customer will pay to VCN any Fees for Devices received or VCN Services provided prior to the effeodwa date of the termination, and the parties' respective rights and obligations under Sections 9, 10, 11, 12, 13, 14, 15, 16, 1Q, 19,2Oand 21ofthis Agreement will survive. 12. INDEMNIFICATION 12.1. The party seeking indemnification pursuant to the associated Sourcewell Contract #022217-NWF shall: (a) provide the other party with prompt written notice of the claim;(b)allow the indemnifying party tocontrol the defense and settlement of the claim, provided, however,that the indemnifying party shall not agree to any injunctive relief or settlement that obligates the indemnified party to perform any obligation make an admission of guilt, fault or culpability or incur any expense, without such indemnified party's prior written consent, which shall not be unreasonably withheld, delayed or conditioned; (c) have the right to obtain its own counsel at its own expense;and (d) provide reasonable cooperation to the indemnifying party. 13. UK8lTY\TIC)N OF LIABILITY 13.1. NEITHER PARTY, NOR ITS AGENTS OR VENDORS, SHALL BE LIABLE FOR CONSEQUENTIAL,SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED Exhibit C-1, Page 8 Page 41Of473 oucuaignEnvelope ID:eoces17e-4aoe-4rcC-8sos-37oompoouCEI Is IrAl Verizon Connect WVVFInc, vem mzow (fonnedyNetworkUecd. Inc.) %.%oN0neut SouroeweNCmntrud #O22217-NVVF Exhibit C-1`Additional T&Ca^ rev 1-15-2019 � THAT THOSE DAMAGES MAY OCCUR. V[N'S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VCN UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE � � DATE THE LIABILITY ACCRUES FOR ACLAIM. THE FOREGOING LIMITATIONS SHALL NOT APPLY TDLIABILITY OFEITHER PARTY ARISING UNDER SECTION 12(|NDEk&N|B[4TON),SECTION 15(O]NF|DENQALRY)AND/CR SECTION 16 (PROPRIETARY RIGHTS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF � � INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLYTO YOU. 13.2. WITHOUT LIMITING THE FOREGOING, UNLESS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL � MISCONDUCT OF VCN,VCN IS NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN � DELIVERY, INSTALLATION OR PROVIDING VCN DR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VCW CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND THAT THEY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND � RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE VCN � SERVICES. � 13.3. CUSTOMER UNDERSTANDS AND AGREES THAT: (a) THE DEVICE IS A WIRELESS DEVICE AND THAT THE VCN SERVICES WORK BY USING WIRELESS COMMUNICATIONS NETWORKS TO CONNECT THE DEVICESWITH VCNIS DATA CENTER AND BY USING GPS(GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE'S LOCATION; � (b)THE VCN SERVICES WILL NOTOPERATE UNLESS AVEHICLE IS IN AN AREATHAT HAS ADEQUATE WIRELESS C{}kOMUN|CAT|ONSCOVERAGEAND, EVEN |FAVEH|CLElBUNSUCHAREA,THEVCNSERV|CE |SSUBJECTTO � WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY � TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OROTHER THINGS THAT VCN � DOES NOTCONTROL;AND(c)INFORMATION ABOUTAVEHICLE'S LOCATION WILLNOTBE AVAILABLE UNLESS � � THE DEVICE [NTHE VEHICLE BABLE TORECEIVE GPS SIGNALS. | l4. Intentionally left blank / | 15. CONFIDENTIALITY 151. Each party as m Receiving Party will protect Confidential inhznnot1on of the Disclosing Party against any unauthorized use or disclosure to the same extent that the Receiving Party protects its own Confidential Information of a similar nature against unauthorized use or disclosure, but in no event will Receiving Party use less than a reasonable standard of care to, protect such Confidential Information. The Receiving Party will not use or disclose any Confidential Information of the Disclosing Party for any purpose other than as: (a) reasonably necessary to perform its obligations under this Agreement; (b) expressly permitted by this Agreement;(c) required by applicable law(provided that the Receiving Party shall notify the Disclosing Party of such required disclosure promptly and cooperate with the Disclosing Party, at the Disclosing Party's reasonable request and expense, in any lawful action to contest or limit such required disclosure); or (d) consented toinwriting bythe Disclosing Party. 15.2. The parties further agree that any obligations to protect Confidential |nfonnmdom set forth herein shall survive termination of this Agreement for a period of three(3)years from the termination of this Agreement, except that as to any Confidential Information deemed e "trade secret" under applicable law, such obligations shall continue for so long as such information is deemed a trade secret. 15.3. The provisions of this Section 15 are necessary for the protection of the business and goodwill of the Disclosing Party and are considered by the Receiving Party to be reasonable for such purpose, The Receiving Party agrees that any breach of these provisions may cause the Disclosing Party substantial and irreparable damages and, therefore, in the event ofany such breach, in addition to other remedies which may be available, the 0sc1ma|n0 Party shall have the right toseek specific performance and other injunctive and equitable relief. 16. PROPRIETARY RIGHTS Exhibit C-], Page V Page 42Of473 oonuGignEn"etopm/Us3CBB 17B-480B-47CC-8E2B-37526FC06CE1 Vedzon Connect NVVF 1nc� nn (fumnedyNebmorkfleed. Uncj Conn ec It SoumeweUContract #Q22217-NVVF Exhibit C-1, Addi0oma|T&Ca. nav1-15-2O19 16.1. VCN: 16.1.1 Customer acknowledges and agrees that the VCN Devices,the VCN Service and the VCN Website may include patent,copyright,trademark,service mark,trade secrets,orother intellectual property rights (collectively"Proprietary Rights")of VCN, its affiliates or the Service Partners(including,with respect to the VCN Website, materials that may be proprietary to Tele Atlas or its suppliers),and that VCN,its � affiliates and/or the Service Partners retain title to and ownership of those Proprietary Rights and any | and all improvements, modifications,fixes or enhancements made by or for VCN, its aff i|iatesmod/or the Service Partners to the VCN Devices,the VCN Service or the VCN Website, regardless of whether such items or services are created or suggested by Customer. 16.1.2 Customer will not copy, modify, reverse-engineer, disassemble, translate, 000vert ordenmmp||e any � software or firmware included in any V[0 Device, the VCN Website or VCN Services, or otherwise provided to Customer by or on behalf of VCN,and will not disclose such software or provide access to the VCN Devices,such software or any VCN Services to any third party for such a purpose. 16J.3 Customer agrees that with respect to VCN Services, it shall not, nor shall it permit any third party to � <ai assign, transfer, lease, rent, sell, distribute orimport such VCN Services to any third party; (b) � except with the express written consent of VCN, combine, embed or incorporate the VCN Services | into any other product o/ service other than any Customer-owned or developed interface for purposes of receiving the data feed delivered from the VCN Devices; (c) remove or alter any proprietary notices in the VCN Services;(d) use the VCN Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or U|e8of products, services, or materials; (e) use the VCN Services in any manner that threatens the integrity, performance, or availability of the VCN Service; or(f) use the VCN Service in any manner that violates local, state or federal|avve, regulations ororders. 16.2. VCT PLATFORM. Customer acknowledges and agrees that the proprietary information and know-how, | techniques, algorithms, and processes provided byorcontained in the Service Website, Sen/ice Software, ' Remote Software, or Map Data, or any modification or extraction thereof, constitute trade secrets and confidential information of VCN, Service Provider urtheir suppliers and will only he used by Customer in accordance with the Terms and Conditions. Customer will protect such trade secrets and confidential information. Customer agrees that Customer will not, nor will it permit any third party to (a) modify, create derivative works,copy, publicly display, publicly perform, resell,transfer,distribute,sublicense,or reproduce the Software Service,Service Website,Server Software, Remote Software or Map Data; (b) use the Software Service, Service Website, Server Software, Remote Software or KXep Data to develop any other software, product or service including, but not limited to, any other software, product, or service that is competitive with the Software Service;(c)mopy,decomp||e, disassemble,modify,make corrections tuorreverse engineer Software Service, Service Website, Server Software, Remote Software or Map Data or otherwise attempt to Qa|m access to any underlying code used to implement ordeploy the Service Website; (d) remove or obscure any proprietary rights notice provided onthe Software Service, Service Website, Server Software, Remote Software or KAmp Data; (e) use the Software Service in any connection with transmission, sale, license, or delivery of any infringing,defamatory,offensive,or illegal products,services,or materials;(f)use the software Service\nany manner that violates local,state orfederal laws, regulations ororders. l7. MODIFICATIONS;WEBSITE MAINTENANCE 17.1. VCN: VCN may alter or modify all or part of the VCN Devices,the VCN Services or the VCN Website from time to time; provided that such alterations ormodifications shall not materially adversely affect the intended use � � of the VCN Sendoaa or VCN Website. Subject to the foregoing, such alterations and modifications, or both, may include, without limitation, the addition or withdrawal of features, information, products, services, software orchanges ininstructions. If such alterations or modifications in fact materially adversely affect such Exhibit C-1, Page 18 Page 43 Of 473 DouuSigoEnvelope ID:maoes1rB-400a-47CC-aEoB-37526Fou6osI Verizon Connect MVVFInc, vem mzon (formerly Netwn kMeet. Inc.) i ctonnec.t Sourrewo|l Contraot#Q22217-NvVF � Exhibit C-1'Additional 7&Ca, rev 1-15-2019 intended use,Customer may, as its sole and exclusive rights and remedy,elect to terminate this Agreement � onthirty(3O)days written notice 1oVCN. VCN reserves theri8httoperformschedu|edma|ntenanceforthe � VCN Services and VCN Website from time to time. This may include application and database maintenance � as well as general website maintenance and may or may not involve VCN Website and VCN Services � unavailability. � 17.2. VCT PLATFORM: Customer agrees VCT may alter or modify all or pert of the Product,the Software Service, Service Website,Server Software,or VCT Website from time to time;provided such changes do not materially � adversely affect Customer's use of the Software Service, Service Website, or VCT Website. Subject to the ' foregoing, such changes may include, without limitation, the addition or withdrawal of certain features, . information, products, services, software or changes in instructions. Customer agrees VCT has the right to perform scheduled maintenance for the Software Service, Service Website, and VCT Website from time to . time. This may include application and database maintenance as well as general website maintenance and may or may not involve Software Service,Service Website,or VCT Website unavailability. � � 18. DATA 18.1. VCN DATA: Customer represents and warrants that it has all necessary rights and authority with respect to the data collected from Customer and its vehicles and transmitted through Customer's use of the VCN Devices, the VCN Services and the VCN Website /"8umineas Data"\ and that Customer approves and grants toVCN, its affiliates and the Service Partners the nonexclusive license and right to collect, access, copy, share and use � the Business Data inthe course ofperforming the VCN Services and as needed to analyze, measure and optimize the performance of the VCN Devices and the VCN Services. Aggregated or de-identified Business Data may be used for business and marketing purposes by VCN,its affiliates,or third parties. 18.2. VCT PLATFORM DATA: In the course ofproviding the Software Service, VCN, its affiliates and the Service � � Partners may receive or collect spatial data or data relating to the vehicles,mobile objects,devices,locations, employees, contractors, suppliers, and/or customers of Customer, including but not limited to, vehicle identification number(VIN),GPS location,vehicle speed,acceleration,vehicle diagnostics information, names and |D numbers of employees, and addresses of customers ("Collected Data");and may continue to receive and collect the Collected Data after the termination of the Software Service for purposes of facilitating Third Party Services that are requested by Customer. Customer agrees that during the Software Service, VCN, its affiliates and the Service Providers may (|) retain and use Collected Data for purposes of providing the Software Service,support services,installation,and conducting research and development;(it)share Collected Data with VCN's affiliates,subject to an obligation of confidentiality;and(iii)disclose Collected Data if required under applicable law, regulation urcourt order. 19. SERVICE PARTNERS 19.1. Nothing set forth in an Accepted Order Form or in this Agreement gives Customer any specific rights with respect to, mor does it create a contract between Customer and the Service Partners. The Service Partners have no legal, equitable or other liability of any kind to Customer, and Customer hereby waives any and all claims ordemands therefor. Customer|snot athird-party beneficiary mfany agreement between oramong VCN and the Service Partners, but the Service Partners are intended third party beneficiaries of this Agreement,and the protections set forth hnthis Agreement,including,among other things,the disclaimers of warranties, limitations of liability,and indemnification provisions,do apply to the Service Partners. %Q. EXPORT CONTROL Customer understands and agrees that: (a)the software used in connection with the Service is controlled by U.S. export control laws; (b) further transfer or export of the software may be subject to W.S. export control laws or similar|ewm ofother countries; (o) Customer will abide by such laws; and (d) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that Customer Exhibit C-1, Page || Page 44 Of 473 ovouSignenvempmID:au00017 e-3752epo06CeI I SAM VerizomConnectNVVl- |no. nnem mzon (formerlyWetworkfeet, Inc.) cao nneuo%ta. SourceweUCmntnao #-822217-NVVF Exb)bitC-1. Addhianu)T&Ca, rev 145-2019 is not, nor does Customer anticipate being, listed on any U.S. Government, United Notions or other country's prohibited parties list(including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity � List and the U.S.Treasury Department's Specially Designated Nationals,Terrorists or Narcotics Traffickers List). � � 21. GEN2RAL � 21.1. No amendment change, modification orwaiver to any provision of any Accepted Order Form or this � Agreement will be binding unless signed by an authorized representative of each party. � 21.2. The provisions ofanAccepted Order Form, including without limitation, this Agreement, and any action related thereto will be governed and interpreted underthe laws of the State of Delaware without giving effect to any conflicts oflaw principles tothe contrary. 21.3. EACH PART QFTHIS AGREEMENT THAT LIMITS LIABILITY, 05CL4UKAS WARRANTIES OR GUARANTEES, OR � EXCLUDES DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED � |NSUCH MANNER. IF ANY REMEDY FAILS TO FULFILL ITS ESSENTIAL PURPOSE,THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES REMAIN IN EFFECT TO TH E FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 21.4. Except as otherwise expressly permitted in this Agreement, each party must deliver all notices or other communications required or permitted under an Accepted Order Form or this Agreement to the other party, � � inthe case nfVCNtoVCN, inc., 9868Scranton Road, San Diego, California 92121,attention: NVVFContracts; e-mail: NqVrCou'mcm@�vcrizun.00m; and in the cane nfCustomer atthe address listed on the signature page of the Accepted Order Form, by courier, bycertified urregistered mail (postage prepaid and return receipt requested),electronically with proof of receipt,or by a nationally-recognized express mail service. Notice will � � be effective upon receipt or refusal of delivery. If delivered by certified or registered mehL any such mwdue � will be considered to have been given five(5)business days after it was mailed,as evidenced by the postmark. If delivered by courier or express mail service, any such notice shall be considered to have been given on the � � delivery date refected by the courier orexpress mail service receipt. Each party may change its address for � receipt ofnotice bygiving notice ofsuch change 10the other party. � 21.5. Customer may not assign,sublease,sublicense or in any way transfer or assign any of its rights and obligations � � under this Agreement without VCN's prior written consent, including by operation of law, change of control, merger orotherwise. 21.6. This Agreement,together with any Accepted Order Form and any documents or policies referred to herein or in an Accepted Order Form,constitutes the entire agreement between Customer and VCN with respect to the Devices,the VCN Services,and the Software Services and shall prevail over all prior or contemporaneous oral and written communications or agreements between Customer and V[N. In the event ofany conflict or inconsistency between the provisions of this Agreement, an Accepted Order Form, or any documents or policies referred to herein or in an Accepted Order Form, the parties agree that any such conflict or inconsistency shall be resolved first in favor of an Accepted Order Form,and next in favor of this Agreement, VCN will not be bound by, and specifically objects to,any term, condition or other provision that is different from or in addition to the provisions of this Agreement or an Accepted Order Form which is proffered by Customer in any purchase order, receipt,acceptance,confirmation,correspondence or otherwise,unless VCN specifically agrees|nwriting. 21.7. Any waiver or failure to enforce any provision of this Agreement or an Accepted Order Form on one occasion will not be deemed a waiver of any such provision or any other provision on any other occasion. 21.8. In any arbitration, mediation orother legal action orproceeding toenforce any right orremedy under an Accepted Order Form or this Agreement, the prevailing party will be entitled to recover, in addition toany other relief to which it may be entitled, its reasonable attorneys'fees and other costs incurred in that action or proceeding. 21.9. If any provision of an Accepted Order Form or this Agreement is held by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions of the Accepted Order Form and this Exhibit C-|, Page 12 Page 45Of473 oom mgnEnvoope|o�000eB1 TA RAM Verizon Connect NVVFInc, verizow (fonnedyNatworkfee . Inc.) cxo00neect Sourcewell Contract #022217-NVVF | Exhibit C-1^Additional T&Ca. rev 1'16-2019 � � Agreement will not be affected and the unenforceable provision will be deemed modified such that it is ! enforceable and accomplishes the intention of the parties to the fullest extent possible. 22. ORDER C)F PRECEDENCE In the event of a conflict between provisions,the following order of precedence applies: (1)these additional terms � and conditions as included in Form C-1; (2) VCN'o proposal; (3) the RFP; and (4) documents attached to or incorporated byreference|nthe RFP. � | / � ' / | | ' ExhUbitC-L Page 13 Contract Award RFP #0222171 i+taRM D �1;11�A f• Formal Xfering,of Proposal (To be completed only by the Proposer) FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS In compliance with the Request for Proposal (RFP) for FLEET MANAGEMENT AND RELATED TECHNOLOGY SOLUTIONS, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions,terms and conditions,general and technical specifications,sales and service expectations,and any special terms, agrees to furnish the defined products and related services in full compliance with all terins and conditions of oris RFP,any applicable amendments of this RFP,and all Proposer"s response documentation.The.Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal, Company Name:l t4yrsr e! Ind. Date: Feld[' ary 2,2fll 7 Company Address: 9568 Scrant-Qu Road City: __San Diego _ ___ State: CA Zip: 92121 Contact Person: r i :lark Title: Cnntract Analyst Authorized Signature: t cttbach _ (Name printed or typed) 37 Page 47 of 473 ��a�a�nti�r�r Aga FORM E CONTRACT ACCEPTANCE AND AWARD OVA n�t�wl i�rim n�s��• ocs,� e RCH wo [Top portion of this form will be completed by NJPA if the vendor is awarded a controcI,The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #;022217-NWF Proposer's full legal name:Nelworkfleet.Inc. Based on NJPA's evaluation of your proposal,you have been awarded a contract.As an awarded vendor,you agree to provide the products and services contained In your proposal and to meet all of the terms and conditions set forth In this RFP,In any amendments to this RFP,and to any exceptions that erre accepted by NJPA. The effective date of the Contract will be June 1,2017 and will expire on June 1,2021 (no later than the tater of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year of NJPA's discretion, NJPA authorized Signatures- Jeremy Schwartz r�arA PEI. I?r`r �]�JP Att Pd a if 1AME PRIHIED OR TYPED) A1,1D PROCURENIEHATURE Chad Coouette MPA EXECU114E D[PECIOPI+CFO S Gn'JUPE (NAME PR NEED OR VOPEU) Awarded on June 1,2017 NJPA Contract #022217-NWF Vendor Authorized Signatures: The Vendor hereby accepts this Contract oword,including all accepted exceptions and amendments. Vendor Dame NETWORKFLEI T, INC. Authorized Signatory's Ie Manager, Contract Management Leanna Long 4[fi617KPIS A 41 }1 �1,(NA4i1 IAPO E PPIrIlf.)01 P TYPEC1I....__- Executed on � �" _ 20�� NJPA Contract #022217-NWF Page 48 of 473 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned,authorized representative of the entity submitting the foregoing proposal(the"Proposer"),swears that the following statements are true to the best of his or her knowledge. I. The Proposer is submitting its proposal under its true and correct name,the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services,all applicable licenses necessary for such delivery to NJPA members agencies.The undersigned affirms that he or she is authorized to act on behalf of,and to legally bind the Proposer to the terms in this Contract. 2. The Proposer,or any person representing the Proposer,has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing„tears, or conditions relating to this RrP in any way that adversely affects the free and open competition for a Contract award under this RFP, 3, The Proposer has examined and understands the terms, conditions, scope„ contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4, The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms,conditions, and scope of this RFP, with the Proposer-offered specifications,and with the other documents in this solicitation, 5, The Proposer agrees to deliver products and services through valid contracts,purchase orders,or means that are acceptable to NJPA Members. unless otherwise agreed to,the Proposer must provide only new and first-quality products and related services to NIPA Members Linder an awarded Contract. , The Proposer will comply with all applicable provisions of federal,state„and local laws, regulations,rules, and orders, 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential"(or"nonpublic," etc,), either substantially or in their entirety. Under Minnesota Statute §13,591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is. awarded. At that point,proposals generally become public data. Minnesota Statute 13,37 perm is only certain narrowly defined data to be considered a "trade secret,"and thus nonpublic data under Minnesota's Data Practices Act- 8, The Proposer understands that it is the Proposer's ditty to protect information that it considers nonpubIic, and it agrees to defend and indetTi-nify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page belowwl 3 Page 49 of 473 By signing below, Proposer is acknowledging that he or she has read,understands,and agrees to comply with the ten-as and conditions specified above. Company Name: . NetwQLkfleeI,Inc. Address: .9868 Scranton-Roal- City/State/Zip. San Diego, CA 92121 Telephone Number: (858)450-32 450-3245 E-mail Address: cherie,breidenb-ach@v.erizon.com Authorized Signature: Authorized Name(printed): Cherie Breidrnhach Title: Sr, ContractMariapUzer Date, February 22,2017 Notarized See Attached. Subscribed and sworn to before me this day of 20 Notary Public in and for the County of State of My cormnission expires: Signa ire. 40 Page 50 of 473 CALIFORNIA ALL-PURPOSE ACKMOWLEDOMENT CIVIL CODE§I lag A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of_6" _040 T___. - On Felrvayv Di before me, M M141and (P CaAl"-if to uere Insert lVarae and Title of fire office personally appeared 21 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g whose name(K isMire subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in 44/her/theip authorized capacity0ee),and that by Hsfher/#x*signature{)on the instrument the person(so, or the entity upon behalf of which the persontA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARCHA14D V.CLARK-HAWKINS WITNESS my hand and official seal. Compission#2143764 Notary Public-Calitofnia Z g Sin Diego County t Signature MCo rom.E41M Mir 20.2020 ASignatufof NotaryPubfic Place Notary Sea/Above _OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ri'll!''ii Document 11.3141te: Number of Pages: r er(s) Other Than Named Above: Capacity(ios) CI med!b 1,Si ner(s) Signer's Name:=� =ial — Signer's Name: 0 Corporate Officer— Title(s). DCorporate Officer — Title(s): f-1 Partner — C-1 Limited I I General I J Partner — 7-1 Limited i__1 General XIndividual 1-1 Attomey in Fact I Individual -1 Attorney In Fact 0 Trustee L]Guardian or Conservator Trustee 1 Guardian or Conservator F]Other-, r i Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www,NationaiNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 Page 51 of 473 v- verizon\4 H)PA, RFP 00222,17 F Form P PROPOSER QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing and Delivery,and Industry-Specific Questions Propose)-Name: Networkfleet, hic. Questionnaire completed by: MarchandClark-l-lawkins PaMent Terms and lFinancing Options 1) What are your payment terms(e.g.,net 10,net 30)? Net 30 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? We do not provide leasing or financing options, however, we do offer a 36 month bundled solution which bundles the costs of the devices into the service costs,and allows the CUSID1110T a 36 month period to pay. 3) Briefly describe your proposed order process,Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. Our order process is well defined, Networkfleet creates the NJPA Member's order with terms and conditions ("Order") in Salesforce. The NJPA Member receives, signs, and returns the completed Order to Networkfleet through DocuSign. Upon receipt of the signed Order, Networkfleet creates the NJPA Member's account in Out- ,accounting and shipping systems and ships the ordered products, Out-Sales Analysts are available to provide any necessary support to the NJPA member in finalizing their order details and/or coordinating installation. Our accounting system collects data from orders and monthly service activations which can be pulled to report quarterly sales to NJPA, 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Networkfleet accepts Visa,MasterCard and American Express for payment. We do not charge a fee to process such payments. Aarra 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions, ]'lease refer to Enclosure F to review a copy of our Warranty, a Do your warranties cover all products,parts,and labor? * Devices, Networkfleet warrants to Customer that Devices (other than an Asset Tracker Device) and harnesses will be free from defects in material and workmanship that prevent the Device from functioning in accordance with its specifications for the entire period of your ownership of such Device * Asset Tracker Devices, Networki'led warrants to Customer that Asset Tracker Devices(excluding the battery) which have been purchased new ffoni Networkfleet by Customer will be free from defects in material and workmanship that prevent the Device frorri functioning in accordance with its specifications for a period of three(3) years following the initial activation of such device, This ftumen(afld the Intonmabon disclosed YAW,InCluding The donflleAt SIAZUre and contents,are conridenlial and the proprielary property of VWorr Commo[cadons,and its ankeles and SuWdja6e$ and,are protected by patent,copyright and oftr proprietary Obts.Any disclosure to a tNtd party in Ode or In W In any manner is expressly prohibited WOW the PdDrwdflen permission ofVofton Natworkleet lam. Form P, Page 1 Page 52 of 473 Inc verizowl HJPA, PFP #0222 1 Fir c)pasat Response * Accessories: Networkfleet warrants to Customer that all accessories(other than harnesses) which are purchased new From Networkneet by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment. * Installation Services: • Standard Warrantv: Networkneet Warrants to Customer that installation services provided by Networkfleet or its authorized subcontractors will be free from defects ill workmanship for a period of one(1)year following completion of such installation services. • Extended Warranty: In (lie event Customer purchases in extended installation warranty ("Limited Lifetime"), Networkfleet warranis to Customer that such installation services sliall be free frotn defects in workmanship for the entire period OJ'CLIStOlner'S uninterrupted use of the Device pursuant to this Agreement. I Do your warranties impose usage restrictions or other limitations that adversely affect coverage? No, 0 Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Yes. 0 Are there any geographic regions of the United States for which you cannot provide a certified technician to perforrin warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? Networkfleet can provide a certified technician to perforin warranty repairs within all regions of the United States, V Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Networkfleet covers warranty service for all items made by other manufacturers that are part of our proposal. These warranty issues are not passed oil to the original equipment manufficturer, V What are your proposed exchange and return programs and policies? Please refer to Enclosure F to review -,I copy of our Warranty For more detai Is. 6) Describe any service contract options for the items included in your proposal. Not applicable, Pricing,Delivery,Audits,and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Networki'leet's award winning, flee( grade hardware is designed by highly specialized engineers with decades of RLItOrnOtIve industry experience. The Networktlect 5500 is a small "plug and play" device tile size of phone that operates on a variety of wireless networks. Installation is quick and easy as it does not require wire splicing. Many of our customers self-install their own units In under 30 minutes. The unit is also easily transferable between vehicles. The 5500 light unit is a typiclly installed behind the host vehicle's OBD-11 connector using a special universal harness and is tie-wrapped This dowmenl and rhe inrennalion d1scirised*Krk Including the document SOWure and ccinlants,are confidenifal and the proprietary property of Verizon CommunlcafiDn5,and ils effliate%and Subsidiaries and,are poleold by paleni,copydghl and olhei ixoprietaq righis.Any diisictosure to a third parry in whole or b pal In any manner Is expressly probibiled wilhotA the prior Milan pamisSion of Verizon Nehyomfleel,RE, Form P,Page 2 Page 53 of 473 NeNvcr'Hk�el, iri111 verizonl/ MRA, RFP P'0.22217 R under the dash. In the case of heavy duty vehicles, the 5500 has as J 1708/J 1939 6-pin or 9-pin diagnostic link connector and is also tie-wrapped under the dash. The tinit is powered by find C011111-MaiCateS with the engine computer through [lie OBD-11 or J 1708/J 1939 connector. The Networkflect system works on nearly all cars and trucks MY96 and newer and heavy-duty trucks MY88 and newer. Networkfleet's 5200, OPS-only device was designed for custarners who want reliable location tracking, but do not need access to Networkflect's patented remote engine diagnostics. The 5200 has(lie same high quality performance of [lie 5500. The 5200 is built to heavy-duty J1455 specifications, has autornotive grade connectors, utilizes the latest automotive components,and continues to have exceptionally secure data transmission, Networkfleel's Lixpressfleet device is an easy-to-install and easy-to-use GPS tracking device. Expressfleel offers lower operating costs for small businesses that want a reliable location tracking solution for their fleet. Expresafleet provides basic nee( management tools to allow your business to be more efficient and profitable. Networkfleel's Asset Guard device provides reliable, battery powered tracking for your fixed and movable fleet assets such as trailers,sheds,generators,heavy duty equipment,and any other property of value that may need to be monitored. The Asset Guard uses the latest wireless communication and GPS technology to report location Find movement for your field assets. The Asset Guard offers configurable location update rates and is programmable over-the-air. Please see Enclosure D for Spec Sheets for Networkl1eet's 5000 Series GPS and Asset Guard Spec Sheets for further Beta i Is. 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each itern in your proposal, (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Networkneet has several components to our solution including hardware, software as a service (monthly service), shipping of hardware, optional Gan-nin integration functionality (CONNECT), hardware installations and accessories. Usually, those components are sold as their own lines,separately. However,members sometimes want to"bundle together"the hardware and monthly service. Both methods are included in the following pages. Please see the following pages for information related to our pricing model and pricing data. This documant and N Infonnallon disclosed within,iWuding the document st"IM and contents,are confidential and the ptapriataq property of Verizon Communkations.and HS AN"and subskfades acrd,are poleded by palant,copyright and other proprietary dghK My dWosure to a MW va4y in whole at in W in"murmT is expessty pronibiled w1hout the pr of Wdl"Petro skm of Verizon Naswkffeek 1W, Form P, Page 3 Page 54 of 473 Y f i�elworl tle t, Inc A, RFP P02221 7 Proposal Response BUNPL,ED IT INTI NUMBER iNsrALI':.,A"IONTYPE PRICE, Vj4jT D-I STALL- UMT Limited Lifetime Mase Installation 100 MONTH i DEVICE D-INSTALL-AG Limited Lifetime Base Installation(Asset Guard BX/PW) $ 2.€0 f IONT'I•I 1 DEVICE D-INSTALL-FMI Limited Lifetime Add-On to Base Installation(Oarmin) $ 1.00 MONTH 1 DEVICE D-INSTALL- SSEM Limited Lifetime Add-On to Base Installation(SSEM) $ 1.00 MONTH d DEVICE DJN TALL SENSOR Limited Lifetime Add-Ori to Base Installation(Sensor) $ 1.00 MONTH l DEVICE Limited Lifetime Add-On to Base Installation(Pelican Micro l3-INSTALL-PMC Case) $ 1.00 MONTH/DEVICE Limped Lifetime Add-On to Base Installation(Port Expansion D-INS`IALL-PEM Ivlodule) $ 1.00 MONTH/DEVICE 7-INSTALL-SAT Limited Lifetime Adel-On to Kase Installation(Satellite) S 1.00 MONTH 1 DEVICE I3-INSTALL-DID Limited Lifetime Add-On to Base Installation(Driver ID) 1.00 MONTH/DEVICE 17-INSTALL-I3'I E Limited.Lifetime Add-On to Base Installation Bluetooth S 1.00 MONTH 117EVICE I3-INSTALL- SENSOR Limited Lifetime Add-On to Base Installation(Sensor) S 1.00 MONTH 1 DEVICE D-INSTALL-DID_J.Limited Lifetime Add-On to Base Installation(Driver 1D) 1.00 MONTH C DEVICE NOTES: (I)Configurable Update hate: Notwithstanding the"Qty"(quantity)specified above,the Monthly Recurring for the Configurable Update Date each month will be determined by the fastest actual Configurable Update Rate per device enabled by the Customer at any time during the respective month,via Customer's SSP. Configurable Update hate purchases for the 5000 series device models rewire the customer to enable the specific Update Rate feature(i.e. 15,3 , 45,60 seconds)on their SSP after device activation and registration (2)'rhe above pricing includes shipping costs in the handled solation,however,it does not include applicable taxes rtaless tax exempt. If Tax Exempt,provide State Tax Exempt form with the award to: NNVI{AccountSetup( veriron.coni A typical order placed under the purchase solution for fifty(50)vehicles would look as follows: PRODUCT PRQDUC# IOC, ddt� ; TOT Plums 5300ms 5500 Bundle $23,00 50 Monthly $1,150.00 CLJR45SMS 45 Second Configurable Update Rate S 1.00 50 Monthly $ _ 50.00 D—INSTALL- Limited Lifetime Base Installation S 2,00 54 Monthly $ 100-00 UNIT PARST047 OBI.]harness $ LOO 50 Monthly $ 50,00 Price per Month for 36 $1,350.00 Months Total Price for 36 mouths 548,600.00 9) Please quantify the discount range presented in this response. For example,indicate that the pricing in your response represents is a 50%percent discount from the M RP or your published list. The prices coffered above for services, and hardware are discounted between 31.25",Ia, to 62.22t10 from our standard pricelisi ror aT purchase between one to 50 units in size. Accessories are not offered at a disGoutal rate at dais tinge, 10)The pricing offered in this proposal is This docament and the indonnaWn,disclosed within,Including the document slnxrure and contents,are oanfdeadal and the proprietary property of Verizon GGIFInwnicallOns,errd Its affiliates and subsidiaries and,are protected by palmi.copydghl and other prppdatary rights.Any disclosure to a Ihtrd party in whole of In dram in ally spanner is expressly prohibited without the prier written rrNsskm of Verizon Networxpeet,Inc Page 55 of 473 Form , Page 7 J verizonV V41 J P A Fe,F P JU 0 2 2 2 17 a.the sarne as the Proposer typically offers to an individual municipality,university,or school district. X b. the same as the Proposer typically offers to CPUs, cooperative procurement organizations, or state purchasing departments, c. better than the Proposer typically offers to CPUs, cooperative procurement organizations, or state purchasing departments. d.other than what the Proposer typically offers(please describe), 11) Describe any quantity or volume discounts or rebate programs that you offer. For customers that order over 2,000 units we would offer a two percent(2%) discount on (lie hardware device cost where applicable. 12) Propose a method of facilitating"sourced" products or related services,which may be referred to as"open market" items or"nonstandard options", For example,you may supply such items"at cost"or"at cost plus a percentage,"or you may supply a quote for each such request, Networkneet has not had the need to prOCUre "sourced product'* or "non-standard" equipment or options for our customers to date. Therefore, we currently do not havc a strategy or process defined for such situations. if it were to become necessary to do so,we would develop a process that meets industry standards or adopt the strategy of our parent company. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response.This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. All costs lor Networkfleet's proposal have been included in this proposal, with the exception orshipping and taxes. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Networkneet has a shipping charge or$2 per device. 15) Specifically describe those shipping and delivery programs for Alaska,Hawaii,Canada,or any offshore delivery, Domestic shipments for 5500 series - All 5500 series units and harnesses can be processed using any ship method selected. There are some zip codes that FedEx is unable to deliver with the standard overnight desi6mation, but those are upgraded to priority overnight. Typically, the restricted areas are rural and FedEx only runs one route it day, Additionally, those same types of ship to destinations are unable to be processed as a Saturday delivery as wel 1, Domestic shipments for units containing lithium batteries - All Asset Guards; 100ON2VD, 1002N2VD, and 1003N3AS as well as the replacement battery; Parts065, clin ship via any method in (lie continental US. They require additional documentation and labeling restricting the packages from (ravelling on passenger aircraft, W Shipments to Alaska and Flawaii MUST be shipped express per FedEx's dangerous goods regulations. Basically, ground shipments are added to any flights headed (0 correct destinalions while express shipments are handled by cat-go planes only. Intemational shipping - Same rules as above apply with the added documentation of commodity declaration and I commercial invoice. (processed through the FedEx ship software) 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. There is nothing additional to report. Tits document and the inbrmadon d1sobsed WINn,Including the document shwure and Contents,are confidential and the pfomaiary property of Verizon communications,and its avi was and sutsidiarles and,are prolected by patch,copyrf9bl and other proprietary dghisAny disclosure to a lfiW party In wtde or in pail in any manner is expressly jamb Bled wilhoUl the prior written permissbn or V962ort Nflh%06fleat,Inc. Form P, Page 8 Page 56 of 473 tv"ori heei, P-,c. venzom/ �upA' . RFP 40222-17 co S a,I R e;:p coos .r 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA.This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. Net-worktleet checks NJPA membership listings to ensure end customer is -,I NJPA member prior to award of an order. All NJPA sales are tagged in our finaticial system with the contract type"NJPA" in order to ensure all sales arc calculated into otrir quarterly NJPA fee payrnent, 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Networkfleet is proposing to pay NJPA it 1,50% administrative fee calculated as a percentage of Net workfleet' s sales under the Contract. Industry-Specific-Question 19) Of the following sub-categories please identify those that you provide solutions in: • fleet management information systems(bundled providers,including teleinatics/fuel/motorpool sharing) • telematics • fuel management • fleet sharing If there are subcategories that are not identified in this list, please provide the subcategory title(s) that best describes what you are offering in your response. Telematics 20) Rank the previous subcategories(I through 4,etc.)based on how strongly you are positioned within each. I'. Telenlatics 21) Describe your experience, abilities, and methods for integrating your offering with NJPA members' existing technologies. NetworklIect has a robust set of APIs that call and have been used by thousands of customers to integrate with a wide variety of back and front office systems 22) Describe your technology support and its practical availability for our members. 1Neiworkl7leet has a multilayered support organization that consists of generals, prodUCL experts, and software developers. We also have a specific learn that manages technology support for out-largest customers. 23) How configurable are your solutions to be adapted for the unique needs of our members? Net work fleet's software and hardware are highly configurable. In addition, many customers have 1`01.111d their product ideas appear in our technology thanks to their input. 24) Describe your security measures and privacy practices to ensure that customers' data is secure. Please see the enclosed Security Infrastructure Fact Sheet (Enclosure B) for more details oil Networkt'leet's security UMISUTTS and practices. 25) Describe your security practices while data is in transit and while stored in a host facility. the docinnent and the Inlarrudon dWasM withIn.Including the document structure and contents,are confidential and the proprietary property of YeAzon Comawrocadom,and its avidiales and subsidiades and,are protected by palanl,copyright and other propristruy rights.Any dWaswe to a Ord party in whole of In part In any mxwer Is expressly prohibited w1ftul the prior wriftall permjsstrnr or vefton Networldleet inc. Form P, Page 9 Page 57 of 473 I��; ,,-)r 1, ce vmeorlzonx/ i,J,JPA Please see the enclosed Security Infirastf LICILire Fact Sleet (Enclosure[1) for more details on NetworWeet's security measures and practices. 26) Do your solutions allow for different levels of privileges and permissions with different users? Yes. Signature: &'A� t�., Date: liras octumant and ihia intarmaliari disclosed w6n,inckAng the deckimeni shbcWie and contents we cartirdeindat and the pouprielary Worefly of Veltzon Comilivnicallons ares its affidrales zpA suWdiahas and are protected by patent,copyright and Our MUPFfeIWy dqbe;Any disdasum,to a Mid pirtj in where or in pefl in any manner is expressG prohibled 41houl the prior Alan peims-,1CR at Verizon Inc Form P, Page 10 Page 58 of 473 AMENDMENT TO NJPA Contract#022217-NWF This AMENDMENT("Amendment")to the Contract#022217 NWF("Agreement")is effective on the date hereof,by and between National Joint Powers Alliance("NJPA") and Networkfleet, Inc("Vendoe). Vendor was awarded an NJPA Fleet Management and Related Technology Solutions effective June 1,2017,until June 1, 2021, relating to the provision of services by Vendor to NJPA and its Members, and Both parties agree that certain terms within the contract shall be updated and amended,and Vendor and NJPA desire to amend the Agreement only to the extent as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment, the parties hereby agree as follows: I Form C,Exceptions for Proposal,Terms,Conditions, and Solutions Request,in the Vendor's Response to the above-mentioned Request for Proposal,the following portion of the response shall be stricken: References to Section 8.8/27 and 8.10/27 request for Exception. 1 Form C, Exceptions for Proposal,Terms,Conditions,and Solutions Request,in the Vendor's Response to the above-mentioned Request for Proposal,the exhibit C-1: Networkileet Additional Terms and Conditions shall be stricken and replaced with an updated Exhibit C-1 entitled NJPA Terms and Conditions 2017 rev 7-7-17 attached hereto. 3- Except as amended by this Amendment,the Agreement shall remain in full force and effect. IN WITNESS WHEREOF th"arties have executed this Agreement as of the date hereof Natio P s AIR Networkfleet,Inc. X Authorized Signature--Signed Au;flfrized Si tune-Si d By, Chad Coauette B Le,v, Name-Printed Name-Printed 1_3 Title Executive Director./CEO Title MAYLO-qXl- Grvkv-m<-+5 U Date Date '11-2-3j/.UEh Arved as�q Form and Content I , NPAAgal 136prtrnent Page 59 of 473 ANIENDMENT#2 TO NJPA Contract#022217-NWF This AMENDMENT("Amendment")to the Contract H022217-NWF("Agreemenf')is effective on the date hereof,by and between National Joint Powers A]liance@("NJPA")and Networkfleet,Inc. ("Vendor"), WHEREAS,Vendor was awarded an NJPA Contract for Fleet Management and Related Technology Solutions effective June 1,2017,until June 1,2021,relating to the provision of services by Vendor to NJPA and its Members; WHEREAS,Vendor acquired Telogis and the only change to the terms and conditions is the addition of Telogis. WHEREAS,both parties agree that certain terms within the contract shall be updated and amended;and WHEREAS,Vendor and NJPA desire to amend the Agreement only to the extent as hereunder provided. NOW,THEREFORE,in consideration of the mutual covenants and agreements described in this Amendment,the parties hereby agree as follows: I Form C,Exceptions for Proposal,Terms,Conditions,and Solutions Request,in the Vendor's Response to the above-mentioned Request for Proposal,the exhibit C-1: Nefivorkileet Additional Terms and Conditions shall be stricken and replaced with an updated Exhibit C-1 entitled NJPA Terms and Conditions 2017 rev 11-22-17 attached hereto. 2, Except as amended by this Amendment,the Agreement shall remain in full force and effect, IN WITNESS WHEREOF,the parties have executed this Agreement as of the date hereof National Joint PomrAIDUnCeW7 Networkfle ,Inc. Q�W Authorized Signature,Signed Authorize Sign ire-Si tied '� LectnncL-Loyxc� Name-Printed Name-Printed Title Title �4p Date Date Approved as for Form and Content buln.,11, 0- NJPA Legal Department Page 60 of 473 Docu ign Envelope ID:H253FF5D-60CD-47E9-9AFF-OEAF5EO6D 6A AMENDMENT #3 TO Sourcewell Contract # 0222 .7-NWF This AMENDMENT("Amendment") to Contract#022217-NWF ("Agreement") is effective on the date hereof, by and between Sourcewell (formerly National Joint Powers Alliance and/or NJPA)and Verizon Connect NF Inc. (formerly Networkfleet, Inc.) (hereinafter referred to as "Vendor"). Sourcewell and Vendor will be collectively known hereinafter as "Parties". WHEREAS,Vendor was awarded a Sourcewell contract for Fleet Management and related Technology Solutions effective June 1, 2017, until June 1, 2021, relating to the provision of services by Vendor to Sourcewell and its Members, WHEREAS, both Parties agree that certain terms within the Agreement shall be updated and amended, and WHEREAS,Vendor and Sourcewell desire to amend the Agreement only to the extent as hereunder provided. NOW,THEREFORE, in consideration of the mutual covenants and agreements described in this Amendment,the Parties hereby agree as follows: 1. This Amendment is effective immediately upon the final signature below. 2. Effective June 6, 2018, National Joint Powers AllianceO, also referred to as NJPA, changed its name to Sourcewell. Any reference to either National Joint Powers AllianceO or NJPA in the Agreement shall be stricken and replaced with Sourcewell. 3. Form A,General Business Information-Company Information & Financial Strength, Question 1 in the Vendor's Response to the above-mentioned Request for Proposal, the following portion of the response shall be amended as follows to reflect the change in the company's name: 1) Provide the full legal name, mailing and email addresses,tax identification number, and telephone number for your business. RESPONSE: Full Legal Name:Verizon Connect NF Inc. Mailing Address: 9868 Scranton road, San Diego, CA 92.12.1 Email Address: NWFContract@verizonconnect.com Tax Identification Number: 33-0872319 Telephone Number: (858) 450-3245 Page 61 of 473 DocuSign Envelope ID.B253EF5D-60CD-47E9-9AFF-OEAF5EO6DE6A 4. Any reference to "Network Fleet, Inc." in their Request for Proposal Response and in Contract 4 022217-N F,shall be stricken and replaced with "Verizon Connect NWF Inc." 5, Except as amended by this Amendment, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof. Sourcewell Verizon Connect NF Inc. —DocuSigned by: Digit alty signed by Leanna Long X1 &WakfA) xerr Datc 2018.06,1 B 11.21:5&-07104' AW61026F%nature–Signed Authorized Signature–Signed By Jeremy Schwartz By Leanna Long Name–Printed Name–Printed Title Director of operations&Procorement/CPO Title Manager, Contracts Date 6/18/2018 1 8*36 PM CDT Date 6/18/2018 APPROVED: Sourcewell �Docu%ned by; ;j g[6WA& humuffm&stgnatu re–signed By Chad Coauette Name–Printed Title Executive Director Z CEO Date 6/18/2018 1 8:59 PM CDT Page 2 of 2 Page 62 of 473 DocuSign Envelope IU 991 50A85-27F4-48CF-AME-BEB1 069C6F42 AMENDMENT#4 TO SO U RCEW E Lt.. CONTRACT#0222 -- J This Amendment is by and between Sourcewell (Sourcewell) and Verizon Connect NWF Inc (Vendor), Sourcewell and Vendor will be collectively known hereinafter as "Parties". Vendor was awarded a Sourcewell Contract for Fleet Management and Related Technology Solutions effective June 1, 2017, until June 1, 2021, relating to the provision of services by Vendor and to Sourcewell and its Members. The parties agree that certain terms within the Agreement shall be updated and amended and only to the extent as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment, the parties agree as follows: L This Amendment is effective upon the date of the last signature below. 2. Form C- Exhibit C-1 in the Vendor's Response to the above-mentioned Request for Proposal shall be stricken and replaced with an updated Exhibit C-1. entitled, "Exhibit C- 1: Verizon Connect NWF Additional Terms and Conditions." 1 Effective June,6, 2018, NJPA changed its name to Sourcewell. All references in these documents to NJPA should be read as being replaced with "Sourcewell." 4The Agreement and any previous amendments are incorporated into this Amendment by reference. (This Section Intentionally Left Blank.) Page 63 of 473 Docu Sign Envetope 1D:9915OA85-27F4-48CF-ADZE-BEB1069C6F42 Except as amended by this Amendment,the Agreement remains in full force and effect. Sourcewell Verizon Con dl WWI Inc Verizon DocuSigned by: Bv: [;;;� S""-*f Auth"qdtUgn,twe Authorized Sig t re Jeremv Schwartz Leanna Long Name—Printed Name—Printed Title:Director of Operations& Procurement/CPO Title: Manager--Contract Management Date:11/1/2018 1 2:15 PM CDT Date: APPROVED, DOCUSIgned by: AuthJr4fejd*igPTaftw,e Chad Coauette Name—Printed Title: Executive Director/CEO Date: 11/1/2018 1 2:23 PM CDT Page 64 of 473 Docu3lgn Envelope ID:53CBB178-48OB-47CC 8E2 -37526FC06CE1 AMENDMENT#5 TO SOURCEWELL CONTRACT#022217-NWF F This Amendment is by and between Sourcewell and Verizon Connect NWF Inc. (Vendor). Sourcewell and Vendor will be collectively known hereinafter as"Parties," Vendor was awarded a Sourcewell Contract for Fleet Management and Related Technology Solutions effective June 1, 2017, through June 1, 2021, relating to the provision of services by Vendor and to Sourcewell and its Members.. The parties agree that certain terms within the Agreement shall be updated and amended and only to the extent as hereunder provided. In consideration of the mutual covenants and agreements described in this Amendment,the parties agree as follows; 1. This Amendment is effective upon the date of the last signature below. 2m Form C Exhibit C-1 in the Vendor's Response to the above-mentioned bequest for Proposal shall be stricken and replaced with an updated Exhibit C-1 entitled, "Exhibit C- 1: Verizon Connect NWF Additional Terms and Conditions" attached hereto and incorporated herein. 3. The Agreement and any previous amendments are incorporated into this Amendment by reference. (This Section Is Intentionally LeftBlank.) Page 1 of 2 Page 65 of 473 DocuSign Envelope ID:53CBB1 7B-480B-47CC-8E2B-37526FC06CE1 Except as amended by this Amendment, the Agreement remains in full force and effect. Source ell Verizon Connect NWF Inc. Bv: [;DOCUSIed by; �;� S&�X-6 Bv: f—;gned byi Doew Sig rt.�4'nj Autho "o*we Auth &grwkwe Jeremy Schwartz Leann a Long Name—Printed Name—Printed Title: Director of Operations& Procurement/CPO Title: Manager—Contract Manajement Date: 1/16/2019 1 3:21 PM CST Date: 1/16/2019 1 11:34 AM PST APPROVED: ,—DocuSig ned by. Bv: aAA1 Itga Auto 4zed5kmitwe Chad Coauette Name—Printed Title: Executive DirectorZCEO Date: 1/16/2019 1 3:22 PM CST Page 2 of 2 Page 66 of 473 6.B. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R20-001 -Approve piggybacking GSA Contract #GS-35F-114BA and the expenditure of $82,413.28 for the purchase of a Laboratory Information Management System from Accelerated Technology Laboratories (ATL). This software (Sample Master) is required to maintain the laboratory analysis data for the City of Boynton Beach Utilities. Authorize the City Manager to sign the Proposal and Addendum. EXPLANATION OF REQUEST: The City of Boynton Beach Utilities has its own TNI (The NELAC Institute) certified laboratory that performs over 25,000 water quality tests a year. The Laboratory Information Management System requested herein is needed in order to store and efficiently safeguard the results from these tests. Other utilities in the area were surveyed to learn what kind of LIMS system they were using. In addition, information and presentations were sought from several vendors before Sample Master was selected. The selection was made based on input from the laboratory staff on ease of use, compliance with TNI, robustness of the system and expansion capabilities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utility is required under the terms of its TNI certification to maintain the integrity of the laboratory data. This is challenging under current conditions, (use of spreadsheets). In addition, this system will allow the Utility to analyze data more efficiently to identify patterns and trend water quality conditions and be able to proactively take action to maintain good water quality to our customers. FISCAL IMPACT: Budgeted Funds are budgeted in account 403-5000-533.65-02 ALTERNATIVES: There are other alternatives, however the laboratory staff feels that Sample Master will provide the ease of use and robustness needed to meet the current and future needs of the Utility. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 67 of 473 Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution approving piggy-back of GSA D Resolution Contract and authorizing the City manager to sign the proposal and Addendum D Quotes Proposal D Addendum Contract Addendum D Other GSA D Other W-9 D Other Col D Attachment Tax exempt cart. Page 68 of 473 1 2 RESOLUTION NO. R20- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVE PIGGY-BACKING GSA 6 CONTRACT #GS-35F-114BA AND THE EXPENDITURE 7 OF $82,413.28 FOR THE PURCHASE OF A 8 LABORATORY INFORMATION MANAGEMENT 9 SYSTEM FROM ACCELERATED TECHNOLOGY 10 LABORATORIES (ATL); AUTHORIZE THE CITY 11 MANAGER TO SIGN THE PROPOSAL AND 12 ADDENDUM;AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, The City of Boynton Beach Utilities Department has its own TNI 15 (The NELAC Institute) certified laboratory that performs over 25,000 water quality tests a 16 year; and 17 WHEREAS, the Laboratory Information Management System requested herein is 18 needed in order to store and efficiently safeguard the results from these tests; and 19 WHEREAS, the Utility Department is required under the terms of its TNI 20 certification to maintain the integrity of the laboratory data and will allow staff to analyze 21 data more efficiently to identify patterns and trend water quality conditions and be able to 22 proactively take action to maintain good water quality to our customers. 23 WHEREAS, City staff has confirmed that the procurement process meets or 24 exceeds that of the City of Boynton Beach's requirements; and 25 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back 26 GSA Contract 4GS-3517-114BA and the expenditure of $82,413.28 for the purchase of a 27 Laboratory Information Management System from Accelerated Technology Laboratories 28 (ATL) and authorize the City Manager to sign the Proposal and Addendum. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Piggy-Back GSA(ATL Software)-Reso.Docx Page 69 of 473 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 32 as being true and correct and are hereby made a specific part of this Resolution upon 33 adoption. 34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 35 approves to piggy-backing the GSA Contract 4GS-35F-114BA, the expenditure of 36 $82,413.28 for the purchase of a Laboratory Information Management System from 37 Accelerated Technology Laboratories (ATL) and authorize the City Manager to sign the 38 Proposal and Addendum, a copy of the Proposal and Addendum are attached hereto as 39 Exhibit"A" collectively. 40 Section 3. That this Resolution shall become effective immediately. 41 PASSED AND ADOPTED this day of January, 2020. 42 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 ATTEST: 60 61 62 Crystal Gibson, MMC 63 City Clerk 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-Back GSA(ATL Software)-Reso.Docx Page 70 of 473 ,�A� .Ad" � . INFORMATIONSAMPLE ' , MASTER .................. LABORATORY Sample Master0o Pro Workstation Proposal for City of Boynton Beach Prepared for Juan Guevarez 11521 F �t 'F1�t 69dp P w"S§1 PM 16 39 A- t1t :ABe '�( eFY y � «R�b91W 9E ye4,ki mXAM !%-iXr'I T I N XAV y N„a I NAM 1Z,F `F elt ° aY mit �I �F7 'Axm_. mblITV+43"trtil .. I a' 31 d .11`bh1 KA �\ -41 I �G} t °FF Ft t;tt{ FII}1r a gg � l 7I wtia'� t`' I F F, 1 p� t}F iFli 1FF�,Jt� it li FFt��I � :I k' i11111t...3y{t'isGl talltrt#s \\ 5 4 i F F SM2019115-LW-Cit-C Accelerated • Cost Proposal for —Technology , u City of Boynton Beach LABORATORIES INC. Sample Master® Pro Workstation - 10 Concurrent User Licenses Premise Deployment 11/5/2019 Sample Master® Pro Workstation Modules Description Qty Units Unit Price Total Sample Tracking 1 each 26,592.00 $ 26,592.00 This module allows users to quickly and efficiently automate functions such as log-in,generate barcode labels,create quotes,convert to orders,and create invoices that can be electronically exported to numerous accounting packages. •Generate a series of reports,including Chain of Custody,login report,and sample conditions •Scan supporting documentation or attach files to an order(PDF,Word,Excel,etc.) •Create,maintain and email work lists License SMI-1013-10 Data Entry 1 each 26,592.00 $ 26,592.00 Enter data,create QC Batches and Custom Reports,check the Audit Trail,run a Trend Analysis,run the GIS(Geographic Information System)function,set up Unit Conversions,and leverage the Master Query function to quickly mine data.Custom Reporting allows you to harness the power of the Master Query by defining the audit report criteria and creating an unlimited number of user-definable reports.Using historical data,create Trend Analysis charts by test, department,client,site,or a variety of criteria.Using the LIMS GIS function,users can plot sampling locations and test result values. License SMI-1013-10 Sample Scheduling 1 each 11,284.00 $ 11,284.00 Automatically logs in samples for routine collection. Samples can be scheduled hourly,daily,weekly,monthly,quarterly,semi-annually,or annually. License SMI-1013-10 LIMS Maintenance 1 each 0.00 $ 0.00 The LIMS Maintenance module is comprised of the entire laboratory's static information that is configured and maintained by the database administrator. This is where the setup information and default settings are found.Information such as defaults,number format,QC batch ID,employees,permissions,tests, methods,limits,prices,departments,ID formats,reports,and many other settings are stored and updated.This module allows the administrator to easily configure the LIMS to conform to the workflows and business rules of the laboratory. Sample Master®Pro Workstation Modules $ 64,468.00 10 Concurrent User Licenses Discount -0.30 $ -19,340.40 Subtotal Sample Master®Pro Workstation Software Discounts $ -19,340.40 Total Sample Master®Pro Workstation Software $ 45,127.60 Sample Master® Enhancement Tools License Description Type Qty Unit Unit Price Total iMobile®Annual Subscription concurrent 2 each 1,200.00 $ 2,400.00 Allows direct upload of LIMS data from field collectors in real-time.(Pad,Samsung Galaxy,Nexus,or other device with a rugged case sold separately.)2 Annual Subscription Access licenses assigned.Includes product support and upgrades. Note:Subscription services require a one-time$2,000 set-up fee Accelerated Technology Laboratories,Inc. 496 Holly Grove Rd•West End,NC 27376 zA 800.565.LIMS(5467)or 910.673.8165 SGS.. www.atlab.com P age c7n2donfal473 of Barcode Starter Package Package 1 each 2,995.00 $ 2,995.00 1D Barcode Starter Package:Includes 30ODPI Printer,2 Hand-Held Scanners,1 Ribbon,1 Roll of Labels(1000),Barcode Software and all required cables,On- site Installation,Configuration(includes up to 2 hours of custom label report development)and Training when implemented with Sample Master®. Total Sample Master®Enhancement Tools $ 5,395.00 Professional Services Service Description Location Qty Unit Unit Price Total ATL Advantage Plan Off-Site 1 each 3,000.00 $ 3,000.00 The ATI-Advantage Project Management program is the result of over two decades of expertise in the LIMS industry and in compliance with ATL's ISO 9001 Certified Quality Management System.The Project Management Program consists of implementation checklists,a static data template,and a project dashboard that ensures thatATL's clients successfully deploy their LIMS.The project manager with be the primary point of contact during implementation and responsible for coordinating all implementation activities. ATL Per-Diem On Site Consulting Services On-Site 1 day 2,360.87 $ 2,360.87 To provide configuration assistance and guidance for the configuration of the laboratory's work processes into the LIMS. GSA Item NSM-ON-II ATL Off Site Consulting Services Off-Site 20 hour 214.80 $ 4,296.00 Telephone and web-conference delivered guidance and assistance for the configuration of the laboratory's workflow into the LIMS. Assistance with Static Data Migration Estimated at:16 Hours Assistance with iMobile Configuration Estimated at:4 Hours Note:Customers are only charged for hours of service rendered. GSA Item NSM-CU-2 Report Development Off-Site 20 hour 214.80 $ 4,296.00 Budgetary estimates for two reports: Chain of Customer estimated at 8 hours Final Report estimated at 10 hours GSA Item NSM-CU-2 ATL Off Site Customizations,Testing&Documentation Off-Site 24 hour 214.80 $ 5,155.20 Interface with ERSI GIS estimated at 24 hours. GSA Item NSM-CU-2 Please Note:ATL Engineers will work with client to create a Requirements Document that will clearly define the specifications of each customization,for client review and signoff prior to any initiation of work(Includes Requirements Document,Creation,QA/QC,documentation and installation).Upon completion of the Requirements Document process and client approval an exact cost will be provided. Total Professional Services $ 19,108.07 Training Training Description Location Qty Unit Unit Price Total System Administrator's Training On Site 1 day 2,360.87 $ 2,360.87 Administrator training is designed to maximize the user's knowledge and understanding of Security and Configuration within the LIMS.Training includes the information required to configure users and test methods in the LIMS. GSA Item NSM-ON-TR End User Training On Site 2 day 2,360.87 $ 4,721.74 End user training is designed to ensure users develop an understanding of LIMS and Sample Master®iMobile functionality relevant to their individual responsibilities. GSA Item NSM-ON-TR Total Training $ 7,082.61 Accelerated Technology Laboratories,Inc. 496 Holly Grove Rd•West End,NC 27376 zA 800.565.LIMS(5467)or 910.673.8165 SGS www.atlab.com Page c7r3dofal473of3 Travel Expense Travel Expense is based on 2 trip(s)and 4 day(s)on-site. Total Travel $ 3,700.00 Annual Maintenance and Support Support Description Qty Rate Total ATL Gold Support 1 year 17.05% $ 7,694.26 Unlimited telephone,e-mail and Web site operational support for up to two(2)customer points-of-contact(POC).Phone support hours are from 8:00 am to 5:00 PM Eastern Time,Monday through Friday,other than on Federal holidays.Dedicated Account Manager assigned to your company.Service Pack updates and product upgrades ARE INCLUDED.Access to User Group Meetings and LIMS Solution Newsletter. Also includes quarterly web training.The purchase of a new LIMS includes one year of ATL Gold level support. GSA Item NSU-GO-2 Annual Maintenance and Support $ 7,694.26 Quotation Summary S2019115-L -Cit-C Sample Master®Pro Workstation Modules $ 45,127.60 Sample Master®Mobile Subscription Set Up Fee(Onetime) $ 2,000.00 Total Sample Master®Enhancement Tools $ 5,395.00 Total Professional Services $ 19,108.07 Total Training $ 7,082.61 Estimated Travel&Lodging $ 3,700.00 Project Total $ 82,413.28- Ongoing Annual Subscription Fees $ 2,400.00 Annual Maintenance and Support (year 2) $ 7,694.26 Quote valid through 12/5/2019 NOTE:All Items are quoted at list price,in$USD Prepared by Laura Lee Williford Prepared for Allan Guillen Accelerated Technology Laboratories Address City of Boynton Beach Address 496 Holly Grove School Road 5469 W Boynton Beach Blvd West End,NC 23736 Boynton Beach,FL 33437 Phone 800.565.UMS(5467) Phone 9646001068 Fax 910.673.8166 Email guillena@bbfl.us Email Iwilliford@atlab.com Accepted By Approved By Dr.Christine Paszko VP Sales and Marketing Date Accelerated Technology Laboratories,Inc. 496 Holly Grove Rd•West End,NC 27376 zA 800.565.LIMS(5467)or 910.673.8165 SGS www.atlab.com Page c74ofa14.73 of Overview of ATL's Cost Proposal This document provides additional details on ATL's software and services outlined in the cost proposal, specific to the implementation of ATL's Laboratory Information Management Systems (LIMS). ATL's LIMS solutions offers a perpetual concurrent user license. 1. LIMS Software ATL's LIMS offer the following features; quoting, invoicing, sample tracking, chain of custody,full barcode support, data entry, quality assurance, quality control, project management, sample scheduling, stability,freezer management, asset management, chemical inventory, resource management,time tracking, customer relationship management, reporting and maintenance. ATL's LIMS run on Microsoft Windows operating systems.The database for our LIMS include SQL Server (Sample Master' Pro and TITAN°) and, SQL Express (Sample Master' Classic only). ATL does not typically include database licensing (SQL Server) unless specifically requested to be included in the cost proposal. The Result Point° web portal for either TITAN° or Sample Master' offers an unlimited user license, and iMobile is licensed by named user. 2. The ATL Advantage Plan — Implementation Service The implementation of ATL's LIMS products consists of multiple remote and on-site activities.Typically, there are several on-site visits for data preparation, system configuration, and training of both end- users and system administrators. ATL provides a pre-installation template to expedite database population, allowing users to train with familiar organizational information that ATL engineers have populated into the LIMS database. As part of ATL's LIMS purchase, ATL has created the ATL Advantage Plan, which includes project management based on ATL's ISO 9001 Quality Management System, ensuring our clients success. ATL's Advantage Plan includes the following services: . Project Management: During the project implementation phase, a dedicated project manager is assigned to the project.A kick-off call is held with the ATL Project Team and the client's Project Team. ATL provides a variety of tools to assist clients with the implementation process. Deliverables include a project dashboard and bi-weekly communication. b. Implementation Support:The New Client Checklist provides ATL with valuable information about our client's current infrastructure and project team,while the Client Dashboard provides clients with a complete list of project deliverables and their status.The Roadmap to Success is a workbook that guides clients through the implementation process systematically. ATL's support team is available throughout the implementation process to assist clients as needed. c. Dedicated Account Manager:Alerts users of upcoming user group meetings, quarterly web training courses, boot camps, webcasts and any special events.The dedicated account manager stays with the customer when ATL GOLD support or higher is maintained, once deliverables are met. d. Creation of Requirements Documents: For the addition of any custom features such as instrument parsers, reports or new features or functions, ATL engineers develop an RD to ensure that all needed information is captured and mapped accurately, prior to development of the customization. Confidential-Accelerated Technology Laboratories, Inc.www.atlab.com 800.565.LIMS (5467) Page 1 Page 75 of 473 3. ATL Training Plan At ATL,we feel that training is critical to gaining the most value from your LIMS investment. ATL has crafted a comprehensive training plan which includes initial on-site training, on the job training, web based training, Boot Camp (formal classroom style learning), video tutorials along with custom training options. ATL University has met the needs of our clients in providing various learning options for over a decade.We offer initial on-site training for all of our clients, which is followed web based training, along with our Boot Camps (formal classroom style learning) along with video tutorials. ATL also offers instructor lead web based learning as well as one-on-one learning (on the job training). ATL offers user-friendly manuals for training end- users and LIMS administrators. 4. ATL Metals Plan(On-going Maintenance and Support) For the purchase of ATL's LIMS products licenses, ATL GOLD support is included free of charge for the first 12 months from the anniversary date (the anniversary date is the date of installation). ATL offers a metals plan with four(4) levels of support (Platinum, Gold, Silver and Bronze).The primary features of Gold support include a dedicated account manager, live,toll- free technical support,free product upgrades, access to the user forum and user groups, and free quarterly web trainings. Subsequent support and maintenance are charged separately and renewed annually. Please visit supportatlab.com for additional benefits of each Metal plan. All active maintenance agreements include the ability to download service packs and enhancements,which are released quarterly.The ATL Gold support plan also includes toll-free telephone and web-based technical support; users can report any issues with our web reporting form 24/7. Technical support is available Monday through Friday from 8:00 am — 5:00 pm ET, excluding ATL Holidays. Under the ATL Metals Plan, extended support hours are available if required under the Platinum package. S. Licensing Structure ATL offers concurrent user licenses, however the software can be accessed by as many machines as desired, only the specified number of licenses can access the database simultaneously. Additional user licensees can be purchased at anytime. 6. Hardware Requirements As ATL offers different products,the minimum hardware and software requirements can be found on ATL's web site on each product brochure. ATL engineers are happy to assist in specifying hardware and software as each environment will typically have differing requirements and needs. As a Microsoft Gold partner,ATL utilizes the latest versions of Microsoft platforms. Confidential-Accelerated Technology Laboratories, Inc.www.atlab.com 800.565.LIMS (5467) Page 2 Page 76 of 473 Accelerated Technology LARONRIORIES IK MASTER SOFTWARE&SERVICES AGREEMENT This Software and Services Subscription Agreement (the "Agreement") is made and entered into as of the date of the last signature below ("Effective Date") by and between ACCELERATED TECHNOLOGY LABORATORIES, INC., a North Carolina corporation having its principal place of business at 496 Holly Grove School Rd.,West End, NC("ATL"),and(CUSTOMER NAME),a having a place of business at . ("Client"). In consideration of the obligations,covenants,and agreements set forth below and other valuable consideration the sufficiency of which is hereby acknowledged,the Parties have executed the Agreement effective as of the Effective Date. Any Non-Disclosure Agreement executed by the Parties(the"NDA"), Exhibit A(Maintenance&Support Services)attached hereto,each Quote(Software and Services Fees)executed by the Parties and each Statement of Work or SOW executed by the Parties are incorporated into the Agreement by reference and together herewith constitute the entire understanding of the Parties with respect to the subject matter hereof. 1. DEFINITIONS 1.5. "Internal Business Purpose"shall mean for the benefit 1.1. "Customer Content" shall mean the data, internal of Customer as part of its internal processes or as part of the process designs and workflows, content, materials, formats, services it provides to its customers in the ordinary course of logos, materials, trademarks, and service marks (in any form, business,and not for resale or sublicense to third parties. method or manner of expression or communication now known 1.6. "Losses" shall mean any and all losses, liabilities, or hereinafter becomes known; whether or not tangible or damages and claims, and all related costs and expenses intangible, or able to be protected by trade secret, patent, (including reasonable legal fees and disbursements and costs of copyright, or trademark) provided by Customer to ATL for investigation, litigation, settlement, judgment, interest and incorporation into the Technology or for use in connection with penalties). the Agreement,and all associated Intellectual Property Rights. 1.7. "Maintenance & Support Services" shall mean the 1.2. "Deliverable(s)" shall mean any and all software and maintenance and support of the Technology conducted by ATL, computer programs (both executable code and Source Code its agents or contractors, for Customer as further described on versions), configurations, documentation, graphics, Exhibit A(Maintenance&Support Services), if applicable. improvements, interfaces, inventions, materials, modifications, 1.8. "Maintenance Term" shall mean, unless earlier sounds, techniques, Third Party Software, tools, and other terminated in accordance with the Agreement, the period set technology or works of authorship (in any form, method or forth on each Quote with respect to the Maintenance&Support manner of expression or communication now known or that Services for particular Software, plus any renewals thereof. hereinafter becomes known; whether or not tangible or intangible, or able to be protected by trade secret, patent, 1.9. "Party" or"Parties" shall mean,individually,Customer copyright, or trademark), and any work product comprising the or ATL as the context requires and, collectively, both Customer same, conceived, created, delivered, developed, or reduced to and ATL. practice in connection with the Services, and all associated 1.10. "Professional Services" shall mean the consulting, Intellectual Property Rights. configuration and other technical services conducted by ATL for 1.3. "Include" and variations thereof shall mean "include Customer as described in a Statement of Work, if applicable. without limitation"and "including without limitation." 1.11. "Project" shall mean the project mutually agreed to by 1.4. "Intellectual Property Rights" shall mean any and all the Parties in which Professional Services are conducted. right, title, and interest, including patent applications, patents, 1.12. Project Term„shall mean,unless earlier terminated in (including reissues, continuations, divisions, continuations-in- accordance with the Agreement,the period,as may be set forth part and extensions), trade secrets, copyrights, (including in an SOW, in which Professional Services are being performed renewals, revivals, or extensions thereof, and any moral rights under the Agreement resulting there from), database rights, trademarks, service marks, or trade names, and any and all other intellectual 1.13. "Quote”shall mean the agreement between ATL(or its property or proprietary rights recognized or enforceable under authorized reseller) and Customer regarding the specific any United States federal or state law, rule or regulation, non- Software and/or Services(and applicable fees)to be provided to United States law, rule or regulation or international treaty. Customer subject to this Agreement(where applicable). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 1 CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 77 of 473 Accelerated Technology LARONRIORIES IK 1.14. "Services" shall mean Professional Services and 2.3. Escrow. ATL has deposited at InnovaSafe, Inc.a copy of Maintenance&Support Services. the Source Code form of the Software, including related 1.15. "Software" shall mean, if applicable, the object code documentation (but excluding Third Party Software), pursuant version of the software and computer programs set forth on to its InnovaSafe Escrow Agreement. Upon written request from each Quote, the object code version of Third Party Software Customer, ATL will provide Customer with a copy of such incorporated therein or provided there-with, and related agreement. During the Maintenance Term, Customer may be, documentation. at its option and expense, a beneficiary under such agreement, provided that in the event Customer fails to purchase or renew 1.16. "Source Code" shall mean a computer program or the annual Maintenance&Support Services,ATL may,in its sole software, as the case may be, (i) in human-readable, high-level discretion, remove Customer as a beneficiary. language form which, when compiled or assembled, becomes 3.SERVICES the executable object code of such software program,(ii)related scripts, HTML, dynamic HTML, XML, and other interpreted 3.1. Maintenance & Support Services. In consideration of language modules which encode processes, schemas, or the Maintenance&Support Services fees and Customer's use of formats, and (iii) programmer annotations, commentaries, and the Software in accordance with the Agreement, ATL shall version control mechanisms relating to the foregoing. perform the Maintenance&Support Services for Customer.ATL 1.17. "Statement of Work" or "SOW" shall mean, if (or its authorized reseller) shall invoice Customer the applicable, a document (including email) in which the Maintenance & Support Services fees set forth on each Quote representatives of each Party mutually agree in writing to the upon shipment of the Software and ninety(90)days prior to any specific professional services to be performed for the Project. renewal thereof. The Maintenance Term shall automatically renew for successive one (1) year periods, unless either Party 1.18. "Technology" shall mean the Software, Deliverables, provides to the other Party written notice of its intention to and Updates, and derivative works thereof, along with terminate at least sixty(60)days prior to the expiration. Failure associated Intellectual Property Rights, but excluding any by Customer to make payment of ATL's renewal invoice in such Customer Content incorporated therein. time-period shall be deemed intention to terminate. If 1.19. "Third Party Software"shall mean third party software Customer terminates Maintenance & Support Services, provided to Customer with or incorporated in the Technology by Customer may reinstate such Services on a limited basis at a ATL, its agents or contractors. later date upon payment of the amount that the Customer would have paid had there been no lapse in such Services plus a 1.20. "Updates" shall mean maintenance releases, updates, 10% reinstatement fee. Customer may only purchase or enhancements, patches, bug fixes, and corrections of the terminate Maintenance & Support Services for the aggregate Software periodically made available to ATL's customers number of concurrent or specified named users as set forth on purchasing Maintenance & Support Services, but does not all Quotes, if applicable. Each Party acknowledges that include additional modules sold to ATL's customers at an Maintenance&Support Services shall at least cover each version additional cost and not licensed in a Quote. of the Software for a period of two(2)years following its official 2.SOFTWARE ATL quality release, but may not cover previous versions. 2.1. Delivery. Promptly after acceptance of each Quote, 3.2. Professional Services. In consideration of the whether by Customer's execution of the Quote or evidenced by Professional Services fees, ATL shall perform the Professional Customer's submission to ATL of a purchase order referencing Services for Customer as described in each SOW. Customer the Quote, ATL shall provide the applicable Software, related acknowledges that any milestone dates established in the SOW documentation, and enumerated license keys to Customer as are good faith estimates only and that accomplishment of any set forth on such Quote. Upon such shipment of the Software, milestone dates is dependent on Customer's timely ATL (or its authorized reseller) shall invoice Customer the performance of its obligations under an applicable SOW as well Software fees set forth on the respective Quote. as factors outside the control of either Party. Unless otherwise set forth in an SOW or Quote, ATL (or its authorized reseller) 2.2. Equipment. ATL shall not be responsible for any shall invoice Customer on a semi-monthly basis for the computer equipment and operating software required to use Professional Services fees set forth on each Quote and other the Software, or for such equipment and operating software expenses incurred in the performance of Professional Services. conforming to the minimum configuration requirements Customer may terminate Professional Services upon thirty (30) specified in the documentation provided to Customer by ATL. days prior written notice to ATL. In such event, Customer shall pay ATL, in accordance with the terms and conditions hereunder,for all Professional Services completed on a time and Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 2 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 78 of 473 Accelerated Technology LARONRIORIES IK materials basis up to the effective date of termination,including may at any time designate a replacement or successor Project for all contractual commitments and resource allocations made leader by providing timely written notice to ATL. by ATL prior to the notice of termination. 3.7. Non-Exclusive, Customer acknowledges that ATL's 3.3. Fees/Rates.Services fees or rates shall be as set forth personnel performing the Services may be employees or on each Quote for the duration of the Professional Services set subcontractors of ATL or its affiliates. Subject to any applicable forth in an applicable SOW and of the annual period of confidentiality obligations, such personnel may provide similar Maintenance & Support Services set forth on such Quote. services or deliverables from time to time to other customers of Thereafter, such fees or rates may be prospectively adjusted by ATL using their skill, knowledge, experience, and know-how, ATL, but shall in no event exceed ATL's prevailing, published list including those gained in the course of performing the Services. fees, rates,or adjustments for such Services. 4. INTELLECTUAL PROPERTY 3.4. Insurance. ATL agrees to maintain worker's 4.1. Confidential Information. Each Party acknowledges compensation coverage, as applicable, combined single limit that during the performance of the Agreement it will have access automobile liability coverage of one million U.S. dollars to certain non-public information of the disclosing Party that is ($1,000,000), commercial general liability coverage of one designated as confidential or proprietary and that derives million U.S. dollars ($1,000,000) each occurrence and two independent value from not being generally known to the million U.S. dollars ($2,000,000) in the aggregate, and umbrella public, or of third parties that the disclosing Party is required to liability coverage of two million U.S. dollars($2,000,000)for the maintain as confidential (collectively "Confidential duration of the Professional Services delivered under an Information"). Such information shall be treated as Confidential applicable SOW. Information under this Agreement,and,as applicable,under the 3.5. Change Control&Acceptance.The Parties shall follow NDA, whichever as applied to such information offers greater ATL's change control and acceptance procedures as may be protection. The recipient of Confidential Information shall not further detailed in an SOW. If no such procedures are detailed disclose such information outside of recipient, except as in the SOW, then the following procedure shall apply: Any permitted herein in the performance of Services, and shall keep change to scope of the Professional Services, the required such information confidential using the same degree of care,but Deliverables, or any other aspect of the Project shall be timely never less than a reasonable degree of care,as the recipient uses requested, in writing, by Customer. ATL shall respond, in to protect its own Confidential Information of a like nature. writing, with (i) requests for more information, (ii) a proposal Customer's Confidential Information shall include the Customer describing the fee and schedule impact of implementing the Content. ATL's Confidential Information shall include the terms requested change or any portion thereof, including a and conditions of the Agreement and the Technology (in any supplemental Quote, and/or (iii) a rejection of the change form or media, including Source Code). request. Unless specified otherwise on its face, any proposal 4.2. Ownership. As between ATL and Customer, Customer pursuant to subsection (ii) above shall be good for ten (10) owns all right, title, and interest to the Customer Content, and business days, during which time Customer may indicate its ATL or its licensors own all right, title, and interest to the acceptance of such proposal by executing it or by submitting a Technology.Accordingly, Customer assigns and transfers to ATL purchase order referencing such proposal and/or Quote. ATL is all ownership and Intellectual Property Rights in the Technology. under no obligation to proceed with making the change until the Customer agrees to execute any instruments and to do all things Parties have agreed on the cost and schedule impact,as well as reasonably requested by ATL to vest ATL with all ownership and the specifications for the revised Software or other Deliverables. Intellectual Property Rights in the Technology. Customer is aware that certain changes in the scope of Professional Services or any changes to an accepted Deliverable 4.3. License. Subject to the terms and conditions contained may result in additional Professional Services fees. in the Agreement,and further subject to any license agreements to Third Party Software (as may appear on the Software media 3.6. Project Leader. Customer will designate a sufficiently or the install of the Software), ATL hereby grants to Customer, senior, skilled, and authorized Project leader within its internal and Customer hereby accepts, a personal, nonexclusive, non- Project team to be responsible for facilitating communication, transferable, non-sublicensable right and license for Customer's resolving issues, and arranging for ATL access to Customer Internal Business Purposes only (i) to install the Technology on Content, personnel, equipment, offices, and other Customer that number of servers at the installation address(es)asset forth resources necessary for ATL's performance of the Agreement. on the applicable Quote,and(ii)for each concurrent or specified Customer acknowledges and agrees that ATL's performance named user as set forth on the applicable Quote (or, if a site under the Agreement is dependent on such access. Customer license, for all uses at the specified site) to use the Technology in accordance with its documentation. ATL agrees that the Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 3 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 79 of 473 Accelerated Technology LARONRIORIES IK license grant shall entitle Customer to allow third party Manufacturer is:Accelerated Technology Laboratories, Inc.,496 consultants,auditors and service providers to access and use the Holly Grove School Road,West End, NC 27276,USA. Technology for the sole purpose of providing services to 4.7. Export Controls. Customer agrees to adhere to all Customer, subject to the confidentiality provisions, license applicable laws, regulations and rules relating to the export of restrictions and user limitations. The Customer acknowledges technical data and shall not export or reexport the Technology that the use of an intermediate user interface,portal,or page to to any proscribed country (or national or resident of such aggregate data,information,or actions from multiple individuals country) listed in such applicable laws, regulations and rules or users into the Technology shall not be treated as a single unless properly authorized. Customer shall cooperate with ATL named or concurrent user under the Agreement, but the consistent with such laws, rules,and regulations. number of individuals or concurrent users accessing such interface or providing such data or information shall each be 4.8. Inspection/Audit. Upon reasonable prior notice from deemed a separate named or concurrent user under this ATL, Customer shall provide to ATL and its reasonably Agreement,as the case may be. Customer grants to ATL and its designated representatives access to (i) any facility or part of a agents during the term of any applicable Services, the non- facility in which the Technology is being used, (ii) any personnel exclusive right and license to use,reproduce,modify,and create using the Technology,and/or(iii)any data or records relating to derivative works of the Customer Content solely in connection the Technology or the Agreement for the purpose of verifying with the Agreement. compliance with the Agreement 4.4. Back-Up Copy. Customer may create one (1) copy of 5. PAYMENT the Technology for back-up and archival purposes only, and for 5.1. Payment Terms; Taxes. ATL shall provide invoices to no other purpose whatsoever,provided Customer affix notice of Customer via email and/or mail. Customer shall pay all invoiced ATL's or its licensors' applicable copyright in such copy. amounts to ATL within thirty(30)days from the date of invoice. 4.5. Restrictions.Any rights not expressly granted by a Party All fees set forth on each Quote exclude all sales, use, value are reserved by such Party, and all other implied licenses are added, or similar federal, state, local or foreign tax, related to disclaimed. Each Party shall not exceed the scope of the licenses the Agreement. Customer shall be responsible for, and agrees granted. Except as otherwise expressly provided,Customer shall to pay, for all such taxes, other than taxes based on ATL's net not modify,create derivative works of,sublicense,market,copy, income,whether set forth on an invoice or otherwise. Customer co-brand, private label, publish, publicly display, grant third hereby acknowl-edges that no purchase order is required for parties the right to use,frame or link to any Technology. Except timely payment of its obligations hereunder. Upon request by for its Internal Business Purpose, Customer shall not use any ATL,Customer shall issue ATL a purchase order for the Software Technology in any manner to provide service bureau or time- and/or Services within ten (10) business days. sharing services to third parties or for the benefit of third parties. 5.2. Late Payments. In addition to any other rights of ATL Customer shall not reverse engineer, decompile, translate, hereunder, ATL may charge Customer interest on the adapt or disassemble, or in any way attempt to reconstruct or outstanding balance of any overdue fees,charges or expenses at discover any Source Code of any Technology by any means a rate equal to one and one-half percent (1.5%) per month or whatsoever. Customer may not use any Third Party Software the highest rate permitted by applicable law,whichever is lower. except as part of the Software. Customer shall not bypass or Customer shall reimburse ATL for all reasonable costs and disable any protections put in place by ATL or its licensors expenses incurred (including reasonable attorneys' fees) in against unlicensed use of the Technology. Customer shall not collecting any overdue amounts. In addition to ATL's rights remove any proprietary trademark or copyright notice under Section 8_3 hereof, ATL's obligations, and Customer's incorporated in, marked on or affixed to any Technology by ATL rights and licenses are subject to the Customer's timely payment or its licensors. Customer shall not cause or permit any third of all fees hereunder. party to do any of the foregoing. Customer agrees to notify ATL immediately of any unauthorized use of any Technology. 6.WARRANTIES&COVENANTS 4.6. Restricted Rights. If Customer is directly or indirectly 6.1. Compliance With Laws. Each Party warrants to the acquiring the Technology on behalf of the U.S. Government,the other Party that its performance under the Agreement will not Technology is classified as"Commercial Computer Product"and be in violation of any applicable law, rule, or regulation in any "Commercial Computer Documentation" developed at private material respect,and that it has all rights necessary to grant the expense, contains confidential information and trade secrets of other Party the rights set forth in the Agreement. ATL and its licensors,and is subject to"Restricted Rights"as that 6.2. Software. For the longer of ninety (90) days following term is defined in the U.S. Federal Acquisition Regulations. the Effective Date, or sixty (60) days following such Software Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 4 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 80 of 473 Accelerated Technology LARONRIORIES INL being delivered, installed or otherwise made available to Agreement; and/or (iii) assertions that the Customer Content Customer, ATL warrants that the shipped version of the infringes such third party's U.S. Intellectual Property Rights. Software shall substantially comply with the specifications in its 7.2. ATL Indemnification.ATL agrees to defend, indemnify documentation under normal use on the minimum and hold harmless Customer, its affiliates, and their respective configuration,provided that there are no modifications or other directors,officers,employees,agents,successors,and assignees changes to the Software not made or authorized in writing by from and against any and all Losses incurred or asserted by any ATL. Upon receipt of notice of a defect during such period,ATL third party arising out of(i) the gross negligence or intentional shall, at ATL's expense and as Customer's sole remedy, use misconduct of ATL, or its affiliates, employees and agents; (ii) commercially reasonable efforts to correct or replace the use of the Customer Content by ATL, or its employees and defective Software. agents, not in accordance with this Agreement; and/or (iii) 6.3. Services. ATL warrants that the Services will be assertions that the Technology infringes such third party's U.S. provided through the use of reasonable care and in a Intellectual Property Rights. professional and workmanlike manner. 7,3. Exceptions.ATL's indemnity obligation shall not extend 6.4. Non-Solicitation. Each Party agrees that it will not to any claims(i) if the Technology is modified by any party other solicit the employment or consultancy of, offer employment or than ATL, (ii) arising out of or related to a combination of the consultancy to, or otherwise hire or contract any employee of Technology with hardware or software not provided by ATL, (iii) the other Party it is introduced to or becomes aware of in if Customer refuses, after express notice from ATL, to use the connection with the Professional Services during the Project most-current version of the Technology in place of the earlier Term and for two(2)years thereafter. version,(iv)if Customer fails to promptly notify ATL of the claim, 6.5. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS (v) if Customer fails to promptly give ATL sole control over the ARTICLE 6,THE TECHNOLOGY AND SERVICES ARE PROVIDED ON defense and settlement of the claim,and/or(vi)if Customer fails AN "AS IS" AND "AS AVAILABLE" BASIS, AND EACH PARTY to promptly provide ATL reasonable cooperation (including DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, furnishing all related evidence) in such defense or settlement. IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION THE 7.4. Injunction. In the event of actual or alleged IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A infringement or injunction,ATL shall have the right at its expense PARTICULAR PURPOSE, INTERFERENCE, MERCHANTABILITY, and option,and as Customer's sole and exclusive remedy,to: (i) NON-INFRINGEMENT AND SYSTEM INTEGRATION. procure for Customer the right to continue using the 6.5.1. ANY USE OF THE TECHNOLOGY OR CUSTOMER CONTENT Technology; (ii) modify or replace the Technology with BY CUSTOMER IS AT SUCH CUSTOMER'S OWN RISK. ATL DOES compatible, functionally equivalent, non-infringing NOT WARRANT THAT THE OPERATION OF THE TECHNOLOGY OR component(s); or (iii) terminate the Agreement without any CUSTOMER CON-TENT SHALL BE UNINTERRUPTED OR ERROR- liability, remove the Technology from Customer, and refund to FREE OR THAT ALL ERRORS SHALL OR CAN BE CORRECTED. Customer a pro-rata portion of the Software fees paid by Customer based on a straight-line depreciation over three (3) 6.5.2. IF THE EXCLUSIONS SET FORTH IN THIS SECTION 6_5 ARE years from the effected Software was first delivered,installed or DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE otherwise made available to Customer,whichever is longer. This UNEWFORCEABLE, THEN ALL EXPRESS AND IM-PLIED subsection shall be Customer's sole and exclusive remedy for WARRANTIES AND CONDITIONS SHALL BE LIMITED IN Intellectual Property Rights infringement. DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE 7.5. Limitation of Liability. NEITHER PARTY, THEIR EFFECTIVE DATE,AND NO WARRANTIES OR CONDITIONS SHALL AFFILIATES, NOR LICENSORS SHALL BE LIABLE TO THE OTHER APPLY AFTER THAT PERIOD. PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, 7. INDEMNIFICATION&LIMITS OF LIABILITY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR LOST 7.1. Customer Indemnification. Customer agrees to DATA) OR FOR ANY LOSSES (EVEN IF ADVISED OF THE defend,indemnify and hold harmless ATL,its affiliates,and their POSSIBILITY THEREOF) OTHER THAN DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE respective licensors, directors, officers, employees, agents, SUBJECT MATTER HEREOF. ATLS', ITS AFFILIATES', AND ITS successors, and assignees from and against any and all Losses LICENSORS' TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL incurred or asserted by any third party arising out of(i)the gross CLAIMS UNDER ANY THEORY OF LAW ARISING OUT OF OR IN negligence or intentional misconduct of Customer, or its CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED: employees and agents; (ii) use of the Technology by Customer, or its employees and agents, not in accordance with this (i) IF THE PRIMARY CAUSE OF ACTION RELATES TO THE SOFTWARE, THEN, TOGETHER WITH ALL OTHER CAUSES OF Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 5 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 81 of 473 Accelerated Technology LARONRIORIES IK ACTION, THE SOFTWARE FEES PAID TO ATL UNDER THE 9.1. Force Maieure. Neither Party will be deemed in default APPLICABLE QUOTE FOR THE RESPECTIVE SOFTWARE; of the Agreement to the extent that performance of its 11 IF THE PRIMARY CAUSE OF ACTION RELATES TO obligations (other than payment of money) or attempts to cure ( ) any breach are delayed or prevented by reason of any event PROFESSIONAL SERVICES, AN SOW, OR DELIVERABLES, THEN, TOGETHER WITH ALL OTHER CAUSES OF ACTION, THE beyond the reasonable control of such Party, including any act PROFESSIONAL SERVICES FEES PAID TO ATL UNDER THE of God (i.e., fire, earthquake, natural disaster), act of APPLICABLE QUOTE FOR THE RESPECTIVE SOW; government (i.e., war, terrorism, embargo), or any other act or circumstance that is beyond the reasonable control of such (iii) IF THE PRIMARY CAUSE OF ACTION RELATES TO Party, provided that such Party gives the other Party prompt MAINTENANCE & SUPPORT SERVICES, THEN, TOGETHER WITH written notice thereof. Any delays caused by Customer which ALL OTHER CAUSES OF ACTION,THE MAINTENANCE&SUPPORT impact costs associated with any Professional Services will result SERVICES FEES PAID TO ATL. WITHIN THE PRECEDING SIX (6) in additional Professional Services fees. MONTHS;OR 9.2. Equitable Relief. Customer acknowledges and agrees (iv) FOR ANY OTHER PRIMARY CAUSE OF ACTION, THEN, that if it breaches the provisions of Article 4 (Intellectual TOGETHER WITH ALL OTHER CAUSES OF ACTION, ONE Property) damages would be difficult if not impossible to THOUSAND DOLLARS(51,000). ascertain. As a result of the immediate and irreparable damage 8.TERMINATION and loss that may be caused to ATL for which it would have no adequate remedy, in addition to and without limiting any other 8.1. Termination for Cause. A Party may terminate the remedy or right it may have, ATL shall be entitled to seek an Agreement on thirty(30)days'(ten (10)days'for failure to make injunction or other equitable relief in any court of competent any payments due hereunder) prior written notice if the other jurisdiction (without the need of posting a bond) enjoining any Party(i) has committed a material breach of the Agreement and such breach. has failed, after thirty (30) day notice thereof, to cure such material breach within such notice period,or(ii)should become 9.3. Assignment. Customer may not assign or transfer the Agreement (or any right herein) without the prior written insolvent,file a voluntary petition in bankruptcy,be adjudicated a bankrupt, have a receiver appointed for the operation of its consent of ATL. ATL reserves the right to assign the Agreement. business, or make a material liquidation of assets. The The Agreement shall bind and inure to the benefit of the Parties termination right under clause (i) above may also be exercised and their successors and permitted assignees. In the event of a with respect to any Services to which such material breach permitted assignment,the assigning Party shall provide written relates. ATL may immediately terminate the Agreement upon notice to the other Party. written notice to Customer if Customer has committed a breach 9.4. Counterparts. The Agreement may be executed by of Article 4(Intellectual Property)of the Agreement. facsimile or other electronic means, and in one or more 8.2 Termination for Convenience. Either party may counterparts, each of which shall be deemed to be an original, terminate this Agreement, for any or no reason, on ninety (90) but all of which will together constitute one and the same days prior written notice to the other Party. Agreement. Any and all previous agreements and understandings between the Parties regarding the subject 8.3. Effect of Termination. Upon termination of the matter hereof, whether written or oral, are superseded by this Agreement for any reason, each Party shall immediately return Agreement. Customer agrees that any terms or conditions in a to the other Party or destroy (at the other Party's option) any purchase order or other document issued by Customer to ATL property belonging to the other Party that is in its possession or regarding the Software or Services are void and of no force and control (including Confidential Information). Notwithstanding effect. The headings in the Agreement are solely for anything to the contrary in the Agreement,upon termination by convenience and in the event of an ambiguity or question of ATL pursuant to Section 8_1 or by Customer pursuant to Section intent or interpretation arises,the Agreement shall be construed 8_2,any unpaid fees owed by Customer hereunder immediately as drafted in English without regard to any translations,and as if shall be due and payable and all rights and licenses granted to drafted jointly by the Parties and no presumption or burden of Customer hereunder immediately shall cease to exist. proof shall arise favoring or disfavoring any Party by virtue of the 8.3. Survival of Provisions. The Parties acknowledge and authorship of any provisions of the Agreement. If any provision agree that Article 4 (Intellectual Property), Article 5 (Payment), in an SOW or Quote conflicts with the terms of the Agreement, Section 7.5 (Limitation of Liability),Article 8 (Termination), and the terms of the Agreement will control, unless the provision Article 9(General) shall survive termination of the Agreement. specifically refers to and expressly overrides the conflicting terms of the Agreement. In the event any provision in an SOW 9.GENERAL Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 6 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 82 of 473 Accelerated Technology LARONRIORIES IK conflicts with any provision in the corresponding Quote, the receive notices under this Section and its address for notification provision(s)within the Quote shall prevail. purposes by giving the other prior written notice as provided in 9.5. Waiver; Amendments No failure of either Party to this Section of the new individual(s) and address and the date exercise any power or right granted hereunder or to insist upon upon which the change will become effective. strict compliance with any obligation hereunder shall constitute --END OF DOCUMENT— a waiver of the rights of such Party to demand full and exact compliance with the terms of the Agreement, The Agreement shall not be amended or modified, or any term or condition waived, except by written instrument that has been duly executed by the signature of an authorized representative of each Party. Each Party is hereby put on notice that any individual purporting to amend or modify this Agreement by conduct manifesting assent is not authorized to do so. 9.6. Relationship of Parties. Both Parties agree that they are independent entities. Nothing in the Agreement shall be construed to create a partnership, joint venture, fiduciary, or agency relationship between the Parties. Each Party is responsible for the supervision,management and direction of its own employees. Each Party is responsible for the payment of compensation to its employees and for any injury to them occurring in the course of their employment and neither Party shall be responsible for the supervision, management and direction of the employees of the other Party. 9.7. Judicial Modifications.THE PARTIES INTEND THAT THE AGREEMENT IS VALID AND SHALL BE ENFORCED AS WRITTEN. In the event that any provision of the Agreement for any reason is held to be invalid,illegal or unenforceable in any respect,it shall be enforced, modified, or replaced by another equivalent provision to the extent necessary to render it valid, legal and enforceable under the circumstances and to the extent consistent with applicable law, while reflecting as closely as possible the original intent of the Parties as expressed or implied therein. If, however, such enforcement, modification or replacement is not permissible under applicable law,then it shall be severed from the Agreement. The invalidity, illegality or unenforceability of the provision, or the enforcement, modification, replacement or severance thereof, as the case may be, shall not affect the validity, legality or enforceability of the other provisions of the Agreement,which shall remain in full force and effect. 9.8. Notices. All notices, requests and demands, other than invoices and routine communications under the Agreement, shall be in writing and shall be deemed to have been duly given when delivered, or when transmitted by confirmed facsimile or email, or one (1) business day after being given to an overnight courier with a reliable system for tracking delivery, or five (5) business days after the day of certified mail, return receipt requested, postage prepaid, and addressed to the contact person at the address set forth below the Party's signature. Either Party may from time to time change the individual(s) to Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 7 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 83 of 473 Accelerated Technology LARONRIORIES INL Each Party warrants that its respective signatory whose signature appears below is duly authorized by all necessary and appropriate corporate action to execute the Agreement on behalf of such Party. Accelerated Technology Laboratories, Inc. By: By Name: Name: Title: Title: Date: Date: Notice Contact: Notice Contact: Attn: Attn: Address: Address: Phone: Phone: Fax: Fax: Email: Email: Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 8 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 84 of 473 Accelerated Technology LARONRIORIES IK Exhibit A Maintenance&Support Services Overview ATL is dedicated to the success of our customers by providing timely responses to problems with ATL software products. ATL's highly skilled support engineers are well versed in ATL's software products. ATL's support services group is a global organization to ensure that support is available whenever it is needed. Maintenance services are subject to the ATL Support Website located at support.atlab.com. Maintenance Service Levels ATL BRONZE(5%of Software List Price) (1 Year from Anniversary Date)- Includes Technical Support Via a toll-free number(5 incidents/year), Remote Support,Access to Web Site User Support Area and Software Service Packs, LIMS Solutions Newsletter ATL SILVER(10%of Software List Price) (1 Year from Anniversary Date)- Includes Technical Support Via a toll-free number(10 incidents/year), Remote Support,Access to Web Site User Support Area and Software Service Packs, LIMS Solutions Newsletter ATL GOLD(18%of Software List Price) (1 Year from Anniversary Date)- Includes LIMS account manager, Unlimited Technical Support Via a toll-free number,Access to Web Site User Support Area,Software Service Packs, Product Upgrades, Migration Credit,and LIMS Newsletter ATL PLATINUM (35%of Software List Price) (1 Year from Anniversary Date)- Includes Dedicated LIMS account manager, Dedicated Software Engineer,Annual LIMS Check-up, Unlimited Technical Support Via a toll-free number,Access to Web Site User Support Area,Software Service Packs, Product Upgrades, Migration Credit,and LIMS Newsletter Table Summarizing Support Options ATL Support Type BRONZE SILVER GOLD PLATINUM Technical Support 5 Incidents 10 Incidents Unlimited Unlimited Extended Support Hours Optional Optional Optional Optional Product Upgrades Optional Optional Included Included Quarterly Web Training Optional Optional Included Included Remote Login Included Included Included Included ATL Support Website Included Included Included Included LIMS Support Newsletter Included Included Included Included FTP Support Area Included Included Included Included Annual Maintenance Cost(based on LIMS 5% 10°% 18% 35% software cost) Training: LIMS Boot Camp Optional Optional Optional Included* *A 5-day pass to both the Intermediate and Advanced Classes Service Hours:Sam—5pm ET, Monday—Friday,excluding holidays in the U.S. Extended Hours:8 am—8pm ET Monday—Friday Email: 24 Hours/Day,7 Days/Week Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 9 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 85 of 473 Accelerated Technology LARONRIORIES IK Authorized Contacts: The following two individuals who shall be eligible to open support requests and serve as authorized contacts on Maintenance& Support Services issues between ATL and Customer: Primary Authorized Contact: Secondary Authorized Contact: Name: Name: Title: Title: Address: Address: Phone: Phone: Fax: Fax: Email: Email: Customer may update either or both contacts upon written notice to ATL in accordance with Section 9.9 of the Agreement. Disclaimer:ATL reserves the right,at its discretion,to change the Maintenance&Support Services and the policies within this Exhibit or the ATL Support Website at any time based on prevailing market practices and the evolution of our products. Changes have no impact during any Maintenance Term for which Maintenance fees have already been paid. Annual maintenance terms for all ATL software product line division licenses must be consolidated and be coterminous. Only one maintenance invoice will be prepared and sent to the one entity for payment of that invoice. Subsequent Maintenance&Support Services purchased or acquired will be billed on a pro-rata basis for the initial period to then align its renewal with the then existing Maintenance&Support Services on account for other ATI-Technology enjoyed by the Customer. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 10 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 86 of 473 Accelerated Technology LARONRIORIES IK 3 Maintenance 3.1 Severity Level Definitions "Severity 1" is an emergency production situation where the Licensor Software is totally inoperable or fails catastrophically and there is no workaround; "Severity 2" is a detrimental situation (and there is no workaround)where(a) performance degrades substantially under reasonable loads causing a severe impact on use or(b)the Licensor Software is usable but materially incomplete; "Severity 3" is where the Licensor Software is usable, but does not provide a function in the most convenient manner; and "Severity 4" is a minor problem or documentation error,which is reasonably correctable by a documentation change or by a future maintenance release from ATL. 3.2 Scope ATL will use commercially reasonable efforts to resolve matters according to the support level purchased,the impact on customer's business,and the problem Severity level determined by ATL. Customer will use commercially reasonable efforts to provide: (a)a detailed problem description; (b)a method for repeatedly reproducing the problem; and (c) reasonably continuous access to a Customer authorized contact. During the Maintenance Term,Customer authorized contacts as applicable for the Maintenance& Support Services level selected in the applicable Quote may notify ATL's Technical Support Center of an error,defect,or malfunction in the Software. Maintenance&Support Services include the right to use Updates as replacements for existing copies,whether provided under maintenance,Warranty or any other reason by ATL,or ATUs authorized resellers or distributors(if applicable); Updates are subject to Customer's license agreement limitations and restrictions. Subject to the quantity of ATL Software licensed and payment of any applicable Maintenance&Support Services fees,Customer's right to use Updates extends to any supported platform then currently available for each discrete Software product under Maintenance&Support Services agreement. Updates may include new or additional platforms that are deemed (at ATL's sole discretion)to have no more than a minimum difference in price,features and functionality from previously available platforms. 3.3 Limits Customer must purchase the same service level of Maintenance&Support Services for all quantities of ATI-Technology products that it has licensed. Maintenance&Support Services fees are based on cumulative license fees paid. Maintenance&Support Services do not include support for any non-ATL software,custom configuration, product modification, new products and functionality for which ATL is charging an additional license fee,services at a Customer site,any work product provided under Professional Services or for ATL Software products with non-matching service levels. ATL reserves the right,following express notice by ATL,to make fixes only to the most current version of the relevant Software,and may elect,at its discretion,to make fixes generally available for minor release versions or the latest service pack for a supported version. In the event that a request for Maintenance&Support Services reveals that the cause of the problem is not an error,defect or malfunction in the unmodified ATL Software,Customer shall pay ATL for its work on a time and materials basis, plus meals, lodging,travel and other reasonably necessary out-of-pocket expenses. 3.4 Perpetual Term Licenses The initial Maintenance Term shall be for one year commencing on the Effective Date of the applicable Quote, unless otherwise stated in the Quote. In the event Customer elects to renew Maintenance&Support Services(subject to any rights of termination as set forth in the Agreement),such Services will be renewed for successive one(1)year terms and the annual Maintenance&Support Services fee for the first renewal term shall not increase by more than the percentage rate change in the Consumer Price Index for the 12 month period immediately preceding the anniversary date of Maintenance. Maintenance&Support Services fees for subsequently acquired Licensor Software will be prorated to expire with the then-current annual Maintenance Term. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 11 CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 87 of 473 Accelerated Technology LARONRIORIES IK 3.5 Equipment Unless expressly stated otherwise, in writing, in the applicable Quote,ATL may facilitate the Customer's acquisition,receipt,set-up and/or use of Equipment, but the Equipment's hardware manufacturer and/or such manufacturer's designated representative(s) shall be solely responsible for such Equipment, including but not limited to its condition,shipping,set-up, installation, maintenance, support,and performance. ATL does not warrant or support the Equipment. To the extent that ATL does expressly assume any support obligations over the Equipment,Customer acknowledges and agrees that ATL may subcontract Maintenance&Support Services for the Equipment, in ATUs sole discretion,to the manufacturer and/or a third-party authorized provider. ATL will remain responsible for ensuring that its Maintenance&Support Services obligations under this Agreement are fulfilled. ATL reserves the right,as a condition precedent to the commencement of any Maintenance&Support Services,to conduct an onsite, physical,certification inspection of the Equipment when: a)Customer changes or relocates the Equipment, b) prior to the renewal of Maintenance&Support Services on the Equipment,or c)where Maintenance&Support Services were not purchased when the Equipment was initially purchased or leased from ATL. 3.6 Support Limitations At ATUs discretion Maintenance&Support Services will be provided by phone, using remote diagnosis and/or other service delivery methods. ATL will determine the appropriate delivery method required. Services such as the following, but not limited to,are excluded from Maintenance&Support: • Diagnosis or maintenance at the Customer site. If onsite diagnosis or maintenance is required,and available by ATL, Customer will be billed at the applicable standard Professional Services rates; • Set-up and installation of the replacement Equipment or replacement parts at the Customer site; • Recovery of the operating system,other software,and data; • Troubleshooting for interconnectivity or compatibility problems; • Services required due to failure of Customer to incorporate any system or software fix, repair, patch,or modification provided to the Customer by ATL; • Services required due to failure of the Customer to take avoidance action previously advised by ATL; • User preventative maintenance. Maintenance&Support Services are not provided for the following: • Damage caused by failure of Customer to follow manufacturer's recommended maintenance or operating specifications; • Damage due to war or nuclear incident,terrorism, unauthorized attempts to repair Equipment or Equipment previously repaired by an unauthorized technician or user; • Data,business interruptions,obsolescence,cosmetic damage, rust,change in color,texture or finish,wear and tear,gradual deterioration or any damage that does not affect the Equipment functionality; • Fraud,fire,theft, unexplained or mysterious disappearance, misuse,abuse or willful act; • Alteration or modification of the Equipment in any way; • Transit or relocation of Equipment by Customer, including any damages occurring while in transit or related to such relocation,and services accompanying or related to transit or relocation of the Equipment; • Power surge or failure; • Normal wear and tear. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 12 CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 88 of 473 Accelerated Technology LARONRIORIES IK 3.7 Customer Responsibilities • The Customer will be required, upon ATL's request,to support resolving any problem reported remotely by(a) providing all information necessary for ATL to deliver timely and professional remote support and/or to enable ATL to determine the level of support eligibility; (b)starting self tests and/or other diagnostic tools and programs; and (c) performing other reasonable activities to help ATL identify or resolve the problem. • Customer must acknowledge receipt of replacement items by signing freight carrier bill at time of delivery. • Customer is responsible to install customer replaceable parts and replacement Technology and Equipment in a timely manner; • Customer shall maintain a backup copy of all software and data. ATL recommends regular backups; • Customer shall restore software and data on the Equipment,as necessary,after any repair or replacement; • Customer is responsible for the installation of any software not provided by ATL with the Equipment and insure all software installed on the Equipment is appropriately licensed. 3.7 Reinstatement of Maintenance Reinstatement of Maintenance is subject to payment of Maintenance&Support Services fees for any period during which Maintenance&Support had lapsed,a reinstatement fee,plus payment for the 12 month period commencing with the date Maintenance&Support Services are reinstated,as further described in Section 33.11 of the Agreement. 3.9 Non-Continuous Coverage In the event Customer elects not to maintain continuous Maintenance&Support,ATL may,at its discretion, refuse to provide any Maintenance&Support Services to Customer until payment for the period of discontinuity is made current,as well as any penalties, as described in the Section 3.1 of the Agreement. ATL reserves the right to suspend Maintenance&Support Services while any accrued Maintenance&Support Services fees or other fees hereunder remain unpaid. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 13 CONFIDENTIAL AND PROPRIETARY—UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 89 of 473 Accelerated Technology LARONRIORIES INL 4 ATL Support Web 4.1 Opening a Customer Support Request There are three ways to report a problem: • ATL Support Web Cases reported online are automatically entered into ATUs Call Tracking system and assigned a Customer Support(CS) number. ATL requires that all Severity 1 cases be followed up with a phone call to our Technical Support Center to ensure immediate attention to your issue. • Email Support at support@atlab.com and include name,company,address,version of software,detailed description of the issue and any screen shots • Phone. Each ATL customer is given Technical Support Center information that it can contact to request support via phone. A customer support request will be created in ATUs call tracking system and a CS number is provided. 4.2 Processing a Customer Support Request Once a customer support request is submitted,the ATL support specialist will review,access and assign the appropriate severity level. All severity 3 and 4 calls will be assigned to the appropriate product and workgroup where our technical support engineers will start working on the call on a First in—First out(FIFO) basis. The ATL Technical Support Center will notify support managers of any CSs that are assigned to Severity 1 or 2,so that they are handled in an escalated manner. The ATL support engineer will communicate with Customer until the issue is resolved. Depending on the nature of the Customer Support Request, it may be resolved by a support engineer or logged as a bugs/enhancements item with product engineering. ATL support level and responsibilities: -First level(Technical Assistance Center): • Review Customer Support Requests reported by Web, Email or phone from a customer authorized contact • Validate customer maintenance status, product entitlement and check for any special handling required. • Identify type of request,problem definition,configuration, products, product versions and platforms. • Determine severity of the problem and execute any escalation procedures necessary. • Direct problems for resolution to engineers -Second level(Product Support): • Confirm problem and configuration used by Customer • Evaluate against known problems or issues • Stage the problem • Reproduce problems and provide workarounds • Escalate to engineering where required to develop patches and fixes • Keep the CS updated at all times within the Call Tracking system • Keep Customer's Authorized Contact updated on the progress -Third level(Engineering): • Develop fixes as needed • Test and verify functionality and performance • Update the source code control system as needed • Ensure patches and fixes are incorporated into a future product release Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 14 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 90 of 473 Accelerated Technology LARONRIORIES INL 4.3 Escalations Special procedures apply to Customer Support escalations. An escalated issue is generally one of the following: • No response to a problem reported,within the designated time given by the call response coordinator or technical engineer; • Response times out of severity guidelines; • Customer is dissatisfied with Customer Support resolution that has been given and wants the problem reported brought to the attention of ATL's management. 4.4 Creating, Updating and Tracking a Customer Support Request All customer support requests are created and assigned a unique ID number.The ID number is used to track each incident and should be referred to in each correspondence. 4.5 User Profile Authorized contacts are able to change their login password,update their phone numbers,select their time zone and subscribe to LIMS Solutions Newsletter in this section. Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 15 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 91 of 473 Accelerated Technology LARONRIORIES IK Quote Software and Services Fees This Quote is governed by the terms of the Master Software&Services Agreement effective 20 by and between a , having a principal place of business at and Accelerated Technology Laboratories, Inc.,a North Carolina corporation, having its principal place of business at 496 Holly Grove School Road,West End, NC(the"Agreement"). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 16 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED Page 92 of 473 Accelerated Technology LARONRIORIES IK Statement of Work Professional Services and Deliverables This Statement of Work is governed by the terms of the Master Software&Services Agreement effective ,20 by and between ,a having a principal place of business at and Accelerated Technology Laboratories, Inc.,a North Carolina corporation,having its principal place of business at 496 Holly Grove School Road,West End, NC(the"Agreement"). Accelerated Technologies Laboratories,Inc.Premise Software and Services Agreement Page 17 CONFIDENTIAL AND PROPRIETARY--UNAUTHORIZED REPRODUCTION OR DISTRIBUTION PROHIBITED PageAla&-at4713 ADDENDUM TO ACCELERATED TECHNOLOGY LABORATORIES,INC. ENTERPRISE AGREEMENT This ADDENDUM TO ACCELERATED TECHNOLOGY LABORATORIES, INC. ENTERPRISE AGREEMENT ("this Addendum") amends that certain Contract by and between the City of Boynton Beach, FL (hereinafter referred as "City") and Accelerated Technology Laboratories, Inc., a North Carolina corporation (hereinafter referred to as "ATLAB") entered into contemporaneously herewith and effective thereon, as follows: For purposes of this Addendum, the Agreement shall mean and include this (I) Addendum, (II) The Master Software&Services Agreement and all exhibits attached thereto;(III)Any Non-Disclosure Agreement executed by the Parties; (III) Each Quote (Software and Services Fees) executed by the Parties; and(IV)Each Statement of Work or SOW executed by the Parties (hereinafter collectively referred to as "Agreement"). The purpose of this Addendum is to incorporate new content into the Agreement between the City and ATLAB. To the extent that any of the terms or conditions contained in this Addendum may contradict or conflict with any of the terms or conditions contained in the Agreement, and any other attachments provided to City, as applicable, it is expressly understood and agreed that the terms of this Addendum shall take precedence over all of the foregoing. Effective as of the effective date of the Agreement, the following sections shall be added to the Agreement: 1. Limitation of Liability. Notwithstanding any provision of the Agreement or this Addendum, City shall not be liable or responsible to ATLAB beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., as amended, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to ATLAB for punitive or exemplary damages or for lost profits or consequential damages. 2. Attorneys' Fees. In the event of litigation which arises out of, or pertains to, or relates to the Agreement or this Addendum, or the breach thereof, or the services provided herein, or the standard of performance herein required,the prevailing party shall be entitled to a reasonable attorney's fee. Notwithstanding the foregoing sentence, the maximum attorney's fees which one party can recover from the other will not exceed $15,000. 3. Compliance with Laws. ATLAB shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach and of any other public authority,which may be applicable to this Agreement. 4. Disputed Payments. The City shall not be charged any costs, fees, charges, or expenses for payments amounts which have been disputed by the City within thirty (30) day from the date of invoice until such time as a resolution has occurred between the parties for the disputed payments or portions thereof. 5. Public Records. The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes, notwithstanding any agreement to maintain Confidential Information. ATLAB shall comply with Florida's Public Records Law. Specifically, ATLAB shall: 100346708.1306-90018211 Page 94 of 473 Keep and maintain public records required by the City to perform the service; Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat., or as otherwise provided by law; 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,ATLAB shall destroy all copies of such confidential and exempt records remaining in its possession after ATLAB transfers the records in its possession to the City; and Upon completion of the contract, ATLAB shall transfer to the City, at no cost to the City, all public records in ATLAB's possession. All records stored electronically by ATLAB 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. The failure of ATLAB to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement, for which,the City may terminate the Agreement. IF ATLAB HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ATLAB'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONCkBBFL.US 6. Records and Audit. City reserves the right to audit the records of ATLAB relating to this Agreement any time during the performance and term of the Agreement and for a period of three (3) years after termination of the Agreement. If required by City, ATLAB shall agree to submit to an audit by an independent certified public and review the records of ATLAB at any and all times during normal business hours during the term of this Agreement. ATLAB shall preserve and make available for inspection by City personnel, or by personnel duly authorized by City, computer date and other records related to the services provided under this Agreement. The records will be made available during normal business, hours upon twenty-four(24) hours notice by the City. 7. Scrutinized Companies. ATLAB agrees to: 100346708.1306-90018211 Page 95 of 473 a. Comply with Section 287.135, Florida Statutes, which prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, ATLAB is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Syria. The boycott Israel list is created pursuant to 215.4725, Florida Statutes and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. b. As the person authorized to sign on behalf of ATLAB, I hereby certify that ATLAB is not participating in a boycott of Israel,on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Syria will be cause for the City to terminate this Agreement at the option of the City. In addition, ATLAB may be subject to civil penalties, attorney's fees, and/or costs. 8. Choice of Law. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County without regard to its conflicts of law. The parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Palm Beach or the Federal District Court with subject matter jurisdiction and encompassing the County of Palm Beach, Florida. Each party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. 9. Conflict of Interest. ATLAB covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this agreement has any personal financial interests, direct or indirect, with city. ATLAB further covenants that, in the performance of this agreement,no person having such conflicting interest shall be employed, any such interests, on the part of ATLAB or its employees, must be disclosed in writing to City. ATLAB is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues (2019), as amended, agrees that it will fully comply in all respects with terms of said laws. ATLAB warrants that it has not employed or retained any person employed by City to solicit or secure this agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by city any fee, commission, percentage, brokerage fee or gift of any kind,contingent upon of resulting from the award of this privilege. 10. Ethics Disclosure. ATLAB warrants that no elected official, officer, agent or employee of the City has financial interest directly or indirectly in this contract or the compensation to be paid under it, and further, that no city employee who acts in the City of Boynton Beach as a "purchasing agent" as defined by §112.3 12(20),Florida Statutes,nor any elected or appointed officer of the City of Boynton Beach, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer director, or proprietor of ATLAB, and further, that no such city employee purchasing agent, city elected or appointed 100346708.1306-90018211 Page 96 of 473 officer, or the spouse or child of any of them, alone or in combination, has a material interest in ATLAB. Material interest means direct of indirect ownership of more than five(5)percent of the total assets or capital stock of ATLAB. 11. Indemnity. ATLAB shall indemnify and hold harmless City, and its elected and appointed officers, the officers, directors, employees, agents and other consultants of each of them, from and against any and all claims, fines,fees, liabilities, damages, losses and costs, including,but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of ATLAB and other persons employed or utilized by ATLAB in the performance of this Agreement. ATLAB agrees to indemnity, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. This indemnity includes but is not limited to claims attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property, including the Work itself, and including the loss of use resulting therefrom. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by ATLAB from the City that such amount is due, be made by ATLAB prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and ATLAB shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by ATLAB of written notice from the City that such payment is due. ATLAB agrees, at ATLAB's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to accept such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by ATLAB. Additionally, if ATLAB, after receipt of written notices from the City, fails to make any payment due hereunder to the City, ATLAB shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from ATLAB. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. 12. Termination for Non-Appropriation of Funds. Notwithstanding any other provision of this Agreement, the City shall not be obligated for ATLAB's performance hereunder or by any provision of this Agreement during any of the City's future fiscal years unless and until the City Council appropriates funds for this Agreement in the City's Budget, or any amendment thereto, for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for 100346708.1306-90018211 Page 97 of 473 which funds were appropriated. The City shall notify the ATLAB in writing of any such non- allocation of funds at the earliest possible date. 13. Nondiscrimination and Equal Opportunity Employment. During the performance of this agreement, ATLAB shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. 14. Disciplinary Action. ATLAB agrees to immediately notify the City of any disciplinary action imposed against ATLAB or any of its employees by any regulatory agency with the charge of regulating ATLAB. 15. Convicted Vendor List. ATLAB represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes,which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. ATLAB acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a ATLAB, supplier, subcontractor or ATLAB under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, for Category Two for a period of THIRTY-SIX(36)months from the date of being placed on the convicted vendor list. 16. Non-exclusivity. The services provided pursuant to the Agreement shall be non-exclusive. 17. Consideration Adequate. The parties acknowledge that there is adequate consideration to enforce each and every provision of the Agreement. 18. Modification. Except as specifically amended or modified herein, the terms and provisions of the Agreement remain unchanged. No future amendment, modification to the Agreement shall affect the terms and conditions contained in this Addendum without specific reference to this Addendum and approved by both parties, in writing. 19. Tax Exempt. ATLAB and City agree that City is a tax exempt entity and not subject to the payment of taxes under the Agreement. 100346708.1306-90018211 Page 98 of 473 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals effective as of the effective date of the Agreement. CITY OF BOYNTON BEACH ACCELERATED TECHNOLOGY LABORATORIES, INC. By: By: Print Name: Print Name: Title: Title: Date: Date: 100346708.1306-90018211 Page 99 of 473 GSA eLibrary Contractor Information Page 1 of 1 GSA Federal ebbraty Acquisition ttiti r,,, �l, �Sr 1,2 Service Search:! all the words v 1lW C?Mi"LSC"YC7F"I3T €7f"33'Iat2f9tS (Vendors) How to change your company information Contract #: GS-35F-114BA V Socia-Economic : Small business ACCELERATED TECHNOLOGY LABORATORIES, woman owned business Contractor: INC. EPLS Contractor not found on the Excluded Parties List Address: 496 HOLLY GROVE SCHOOL RD system WEST END, NC 27376-8412 Govt. Point of Contact: Phone: 9106738165 Deanna Hall E-Mail: tmclean@atlab.com Phone: 703-605-9220 Web E-Mail: deanna.hall@gsa.gov Address: http://atiab.com Contract Clauses/Exceptions: DUNS: 945993509 View the specifics for this contract NAICS: 541511 - �- -- - Contractor Contract T&Cs Contract End Source Title Number /Pricelist Date CategoryView Catalog 70 GENERAL PURPOSE COMMERCIAL GS-35F-114BA Dec 12,2023 132 32 111111111110 ° INFORMATION TECHNOLOGY EQUIPMENT, "X4,74 PURCH SOFTWARE,AND SERVICES 132 50 ° "f" P..c iE 132 51 IM V,aW,:wPURCH.., :. 11 IG 70 500 110111110war.: Puxcx Additional Contracts held by this contractor.To view_more details of a contract,click the Contract Number below. _ Contract Contractor T&Cs Source Title -� Number /Pricelist Contract End Date Category View Catalog 66 SCIENTIFIC EQUIPMENT AND SERVICES GS-24F-0045L Sep 6,2021 66 200 Page 100 of 473 https://www.gsaelibrary.gsa.gov/ElibMain/contractorInfo.do?contractNumber=GS-3 5 F-I... 10/3 0/2019 Accelerated Technology LABORATOWS INC. GENERAL SERVICES ADMINISTRATION FEDERAL ACQUISITION SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu- driven database system. The INTERNET address for GSA Advantage! is htt ://www.$nsaadvan!g(,e.s ov SCHEDULE TITLE: Schedule 66—Scientific Equipment and Services FSC Group: 6640 CONTRACT NUMBER: GS-24F-0045L CONTRACT PERIOD: September 7, 2001 to September 6, 2021 For more information on ordering from Federal Supply Schedules click on the GSA Schedules link at www._sa.�=ov CONTRACTOR: Accelerated Technology Laboratories, Inc. 496 Holly Grove School RD West End, NC 27376-8412 Phone: (910) 673-8165 Fax: (910)673-8166 Web Address: httL://www.atlab.com CONTRACTOR'S ADMINISTRATION SOURCE: Name Title Phone 'Email - - -- Thomas McLean Accounts Manager �1910p 673-8165 tmclean@atlab.com BUSINESS SIZE: Small Socioeconomic Indicators: Woman Owned CUSTOMER INFORMATION: 1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs) SIN DESCRIPTION SIN SIN Description 66-200 Laboratory Information Management System (LIMS) Page 101 of 473 1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: (Government net price based on a unit of one) SIN MODEL PRICE 66-200 ATL Bronze Support $762.00 1c. HOURLY RATES: (Services Only) N/A 2. MAXIMUM ORDER*: SIN Max'Order Limit 66-200 $1,D00,000.00 *If the best value selection places your order over the Maximum Order identified in this catalog/pricelist, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the aforementioned contactor for a better price. The contractor may (1)offer a new price for this requirement(2) offer the lowest price available under this contract or(3) decline the order. A delivery order that exceeds the maximum order may be placed under the schedule contract in accordance with FAR 8.404. 3. MINIMUM ORDER: $100 4. GEOGRAPHIC COVERAGE: Domestic, 50 states, Washington, DC, Puerto Rico, US Territories and to a CONUS port or consolidation point for orders received from overseas activities 5. POINT(S) OF PRODUCTION: USA 6. DISCOUNT FROM LIST PRICES: GSA Net Prices are shown on the attached GSA Pricelist. Negotiated discount has been applied and the IFF has been added. 7. QUANTITY DISCOUNT(S): Quantit Discount 5 User License 35% off list price plus 5% off discounted price (35%/5%) uw _ . 10 User License 30% off list rip ce plus 5% off discounted price X30%/5% un _.i n aM 15 User License 25% off list price plus 5% off discounted riceX25%/5/5%) 20 User Licen20% off list price plus 5% off discounted price (20%/5%) 25 User Licensese15% off list price plus 5% off discounted price (15%/5%) . ... 30 User License 10% off list rice lus 5% off discounted rice 10%/5% 8. PROMPT PAYMENT TERMS: 1% within Net 30 for non-credit card payments. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9.a Government Purchase Cards must be accepted at or below the micro-purchase threshold. 9.b Government Purchase Cards are accepted above the micro-purchase threshold. Contact contractor for limit. 10. FOREIGN ITEMS: None 11a. TIME OF DELIVERY: 7 Days after receipt of order Page 102 of 473 11b. EXPEDITED DELIVERY: 2 Days after receipt of order or Contact Contractor's Representative 11c. OVERNIGHT AND 2-DAY DELIVERY: If available, contact the Contractor for rates. 11d. URGENT REQUIRMENTS: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery. 12. FOB POINT: Destination 13a. ORDERING ADDRESS: 496 Holly Grove School Road, West End, NC 27376 13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14. PAYMENT ADDRESS: 496 Holly Grove School Road, West End, NC 27376 15. WARRANTY PROVISION: Standard Commercial Warranty. Customer should contact contractor for a copy of the warranty. 16. EXPORT PACKING CHARGES: Not applicable 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: (any thresholds above the micro-purchase level may be inserted by contractor) 18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE): N/A 19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A 21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A or as applicable 22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A 23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A 24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/A 24b. Section 508 Compliance for EIT: as applicable 25. DUNS NUMBER: 94-599-3509 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT(SAM) DATABASE: Contractor has an Active Registration in the SAM database. Page 103 of 473 Accelerated Technology ': a BEYOND LABORATORY Ihl{ORMATION MANAGEMENT GENERAL SERVICES ADMINISTRATION FEDERAL ACQUISITION SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST On-line access to contract ordering information,terms and conditions, up-to-date pricing, and these option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage!is http://www.gsaadvantae. og_v SCHEDULE TITLE: 70:General Purpose Commercial Information Technology Equipment,Software,and Services SPECIAL ITEM NUMBER 132-34-MAINTENANCE OF SOFTWARE AS A SERVICE Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support,customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C.3324. SPECIAL ITEM NUMBER 132-50-TRAINING COURSES(FPDS Code U012) SPECIAL ITEM NUMBER: 132-51 Information Technology Professional Services Note 1: All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. Note 2: Offerors and Agencies are advised that the Group 70—Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include,but are not limited to,architectural,engineering, mapping,cartographic production, remote sensing,geographic information systems,and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services,except for the provision of implementation, maintenance,integration,or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. CONTRACT NUMBER GS-35F-114BA CONTRACT PERIOD: December 13,2013-December 12,2023 For more information on ordering from Federal Supply Schedules click on the GSA Schedules link at www.gsa.gov CONTRACTOR: Accelerated Technology Laboratories,Inc. 496 Holly Grove School Road West End,INC 27376 1 Page 104 of 473 Phone:910.673.8165 Fax:910.673.8166 E-mail: tmcleanrr atlab com Web: www.atiab.com CONTRACTOR'S ADMINISTRATION SOURCE:Thomas McLean 1910.673.8165 tmclean@atlab.com BUSINESS SIZE: Small Socioeconomic Indicators: Woman Owned CUSTOMER INFORMATION: la.TABLE OF AWARDED SPECIAL ITEM NUMBERS(SINs) SIN DESCRIPTION 13251 Information Technology Professional Services 13250 Training Course 13232 Term Software License 13240 Cloud Computing 1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: (Government net price based on a unit of one) SIN MODEL PRICE 13232 SMI-1013-76 $3007.18 EA 13250 SegNFind-Training $2,473.00 per day 13251 Software Engineer $214.80 Per hour 13240 SAS JMP $167.07 Each 1c. HOURLY RATES:(Services Only) Please see page 4 for all services offered. 2. MAXIMUM ORDER*: The maximum order for SIN 132 51:$500,000,SIN 132 50:$25,00,SIN 132 34:$500,000, SIN 132 32:$500,00,SIN 132 40:$500,000 *Ordering activities may request a price reduction at any time before placing an order,establishing a BPA,or in conjunction with the annual BPA review.However,the ordering activity shall seek a price reduction when the order or BPA exceeds the simplified acquisition threshold.Schedule contractors are not required to pass on to all schedule users a price reduction extended only to an individual ordering activity for a specific order or BPA. 3. MINIMUM ORDER: None 4. GEOGRAPHIC COVERAGE: 50 States S. POINT(S)OF PRODUCTION: US 6. DISCOUNT FROM LIST PRICES: 5.25% basic discount 7. QUANTITY DISCOUNT(S): 1%Additional Discount for orders over$500,000 2 Page 105 of 473 8. PROMPT PAYMENT TERMS:2% 10 Days, Net 30 9.a Government Purchase Cards must be accepted at or below the micro-purchase threshold. 9.b Government Purchase Cards are accepted above the micro-purchase threshold. Contact contractor for limit. 10. FOREIGN ITEMS: N/A for Services 11a. TIME OF DELIVERY: As agreed to at the Task Order Level 11b. EXPEDITED DELIVERY: As agreed to at the Task Order Level 11c. OVERNIGHT AND 2-DAY DELIVERY: As agreed to at the Task Order Level 11d. URGENT REQUIRMENTS: Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery. 12. FOB POINT: As agreed to at the Task Order Level 13a. ORDERING ADDRESS: same 13b. ORDERING PROCEDURES:For supplies and services,the ordering procedures,information on Blanket Purchase Agreements(BPA's)are found in FAR 8.405-3 14. PAYMENT ADDRESS: Same as contractor 15. WARRANTY PROVISION: Standard Commercial Warranty. Customer should contact contractor for a copy of the warranty 16. EXPORT PACKING CHARGES: None 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: (any thresholds above the micro- purchase level may be inserted by contractor) 18. TERMS AND CONDITIONS OF RENTAL,MAINTENANCE,AND REPAIR(IF APPLICABLE): N/A 19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES(IF AVAILABLE): N/A 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES(IF APPLICABLE): N/A 21. LIST OF SERVICE AND DISTRIBUTION POINTS(IF APPLICABLE): N/A 22. LIST OF PARTICIPATING DEALERS(IF APPLICABLE): N/A 23. PREVENTIVE MAINTENANCE(IF APPLICABLE): N/A 24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES(e.g.recycled content,energy efficiency, and/or reduced pollutants): N/A 3 Page 106 of 473 24b. Section 508 Compliance for EIT: as applicable 25. DUNS NUMBER: 945993509 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT(SAM) DATABASE: Contractor has an Active Registration in the SAM database. TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES(SPECIAL ITEM NUMBER 132- 32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33)AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered;and(2)before any substantial change occurs in the condition of the software,unless the change is due to the defect in the software. 2. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract. TERMS AND CONDITIONS Customer orders and ATL agrees to furnish the Equipment,Software and Services in accordance with the terms of this Agreement. This Agreement supersedes the terms and conditions of any purchase documents submitted by the Customer. 1. EQUIPMENT Customer agrees:(i)that any problem with the Equipment shall be the responsibility of its manufacturer;(ii)not to hold ATL or its representatives liable for any problem such problem with any Equipment;(iii)to provide reasonable access for installation of the Equipment,and use the Equipment in a manner consistent with the recommendations of the manufacturer;(iv)to execute all documents as may be reasonably requested by the manufacturer in connection with the purchase of Equipment;(v)not to relocate the Equipment to a different address,site or laboratory without the prior written consent of ATL.2.SOFTWARE(a)Provided Customer makes full and complete payment(s)to ATL as described in Section 5 below.ATL grants to customer a non-transferable, non-exclusive, limited license:(i)for its employees and agents to use the Software in a machine-readable form on the Equipment or other computer hardware approved by ATL and at the site specified in this Agreement solely for the Customer's internal business purposes and(ii)to make up to two backup copies of machine readable code portions of the Software and printed listings thereof, for backup or archival purposes only,which copies shall be subject in all respects to the terms and conditions hereof. (b)Customer agrees and understands: (i)that no title to the Software,its copies or to its intellectual property is transferred to Customer(ii)that the Software is derived in part and may contain portions of software code proprietary to others; (iii)that it shall not disassemble or decompile the Software;and(iv)that it shall not publish any results of benchmark tests run on the Software. (c)Customer shall have no rights to any modifications,enhancements or extensions with respect to the Software. (d)If the Equipment is not operative,Customer may transfer to and use the Software on other,approved equipment at the Designated Site, provided Customer informs ATL of such transfer in writing. (e)The Software is not specifically developed,manufactured or licensed for use in the planning,construction,maintenance, operation or use in any nuclear capacity or for the flight,navigation,or communication of aircraft or ground support equipment. (f)Upon any termination of the license granted under this Agreement,Customer shall immediately cease use of the Software,and either deliver to ATL the Software and all copies of the Software,and all documentation containing the Software and other proprietary information,or destroy such materials on the instruction of ATL. (g)Customer shall display all proprietary and copyright notices and legends to the extent and in the manner specified by ATL. 4 Page 107 of 473 (h)Customer is aware that in the event Customer fails to pay all amounts due to ATL in accordance with the terms and conditions of this Agreement,the software provided to the Customer by ATL will be disabled so as to ignature .- u Print Name Date Leaders in Laboratory Information Management System 2 Revision Date Code:37502 prevent the automatic generation of reports. In the event that the Software is disabled in this manner,Customer should contact ATL immediately.CUSTOMER ACKNOWLEDGES AND AGREES THAT ATL SHALL NOT BE LIABLE FOR ANY LOSSES OF TIME OR DATA,OR FOR ANY OTHER DAMAGES THAT MAY RESULT IN ANY WAY FROM THE DISABLING OF THE SOFTWARE PURSUANT TO THIS SECTION. 3.SERVICES In the performance of Services specified in this Agreement,ATL and any agent or employee of ATL,is acting as an independent contractor,and not as an employee,of Customer.4.PROPRIETARY INFORMATION Customer shall hold in confidence,and make reasonable efforts to ensure that its employees and agents also hold in confidence all technical,business or financial information of ATL and shall not disclose such information except upon written authorization of ATL. 5.PAYMENT AND SHIPMENT Invoices shall be due and payable prior to the date of installation in accordance to the terms stated in this Agreement,unless otherwise specified by ATL.Amounts unpaid when due shall accrue late charges of 1.5%per month or,if lower,the maximum rate allowed by law.All shipments shall be FOB ATL's place of business,and all shipping charges and insurance costs will be paid by the Customer.ATL shall have a security interest in any Equipment purchased hereunder until payment in full and Customer will cooperate fully in further evidencing and perfecting such interest.All delivery dates specified by ATL are estimates only and shall not be binding. Equipment modified by ATL to meet safety concerns or government standards shall be deemed conforming.6. WARRANTIES AND LIABILITY(a)ATL warrants that the Software media and associated documentation shall be free from defects in materials and workmanship for a period of ninety(90)days following date of delivery of such items(the"Warranty Period").ATL agrees to replace or repair any such media or documentation which is found defective during the Warranty Period provided Customer notifies ATL during the Warranty Period or within ten(10)days thereafter. (b)ATL does not, however,warrant that(i)operation of the software shall be uninterrupted or error-free,or(ii)Software functions shall operate in all combinations selected by Customer. (c)THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED(INCLUDING,WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)FOR THE EQUIPMENT,SOFTWARE OR SERVICES, NO THIRD PARTY SUPPLIER OF SOFTWARE WARRANTS THE SOFTWARE OR ASSUME ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY CUSTOMER. (d)IN NO EVENT WILL ATL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OCCURRING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FOR DAMAGES IN EXCESS OF THE AMOUNT RECEIVED UNDER THIS AGREEMENT.7. MISCELLANEOUS(a)ATL agrees to use reasonable commercial efforts to provide Equipment,Software and Services described in this Agreement,provided,however,ATL is not responsible for the success or failure of the application performed by,or the conclusions drawn from,the use of the Equipment,Software,or Services by the Signature Print Name Date Leaders in Laboratory Information Management System 3 Revision Date Code:37502 Customer or any other party. Under no circumstances shall ATL be required to provide any Equipment,Software or Services creating or having functionality not expressly described in writing(s)provided by Customer to ATL prior to the effective date of this Agreement or any relevant Amendment thereto. (b)ATL agrees to provide problem reporting procedures to Customer for reporting Software"bugs", malfunctions, programming errors and related problems.Upon notification of any"bug"in the Software pursuant to the procedures set forth by ATL,ATL will investigate and if able to verify and reproduce the bug,use reasonable commercial efforts to correct such "bug"or create a work around. (c)Subject to Section 6(b)above,ATL shall indemnify Customer against costs and damages arising from claims of infringement of any U.S.patent or copyright resulting from the use of Software within the scope of the license,provided ATL is(i)promptly notified of all such claims;(ii)given sole control of any litigation or settlement,and provided further that the Customer shall provide all available assistance to enable ATL to defend or settle any such claims or proceedings.The foregoing obligation of ATL does not apply with 5 Page 108 of 473 respect to Software:(A)not developed and produced by ATL;(B)made in whole or in part in accordance to Customer's specifications;(C)which was modified by a party other than ATL after shipment by ATL;(D)combined with other products where the alleged infringement relates to such combination or otherwise would not have occurred but for the combination;or(E)where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would avoid the alleged infringement.Customer will indemnify ATL for any liability,cost,expense and attorney's fees incurred in connection with a claim for infringement with respect to software,products or equipment:(F)not developed and produced by ATL; (G)made in whole or part in accordance to Customer's specifications;(H)which,if provided by ATL,was thereafter modified by a party other than ATL;(1)that combines ATL products with other products where the alleged infringement relates to such combination or otherwise would not have occurred but for the combination;or(J)where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would avoid the alleged infringement. (d)Customer agrees to comply with all applicable regulations of the U.S. Department of Commerce and the U.S.Export Administration with respect to the Equipment and Software. (e)The rights or obligations stated herein shall not be assignable or transferable in whole or in part by Customer without the prior written consent of ATL,and any attempt to do so shall be null and void. (f)ATL may terminate this Agreement and all licenses and rights granted hereunder if Customer fails to comply with any term or condition stated herein. (g)In the event any legal action is initiated to enforce any provision of this Agreement,the prevailing party shall be entitled to collect its reasonable attorney's fees and costs incurred in connection with such action. North Carolina law shall govern in this Agreement and the sole venues for any action arising out of or relating to this agreement shall be in Moore County, North Carolina or Guilford County,North Carolina. (h)These terms may be waived or amended only by a writing signed by the parties. Failure or delay in asserting a claim hereunder shall not be deemed a waiver thereof and no waiver with respect to a particular instance shall be deemed to waive generally the applicable right.Section headings are for convenience only and shall not affect interpretation. Notices shall be in writing,and sent by registered or certified mail. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 3. TECHNICAL SERVICES The Contractor,without additional charge to the ordering activity,shall provide a hot line technical support number 910-673-8165 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 8am to 5pm EST. 4. SOFTWARE MAINTENANCE a. Software maintenance as it is defined:(select software maintenance type) 2. Software Maintenance as a Service(SIN 132-34) Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support,customized support,and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C.3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C.3324. 6 Page 109 of 473 b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C.3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE,SHALL BE SHOWN ON THE INVOICE. 5. PERIODS OF TERM LICENSES(SIN 132-32)AND MAINTENANCE(SIN 132-34) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty(30)calendar days written notice to the Contractor. C. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance,the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period,or at the end of the contract period,whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required,if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month(fiscal year)period,the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of an order,if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. 6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish,within ten(10)calendar days, for each software product that is contemplated for conversion,the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall,within the limits specified,continue to accrue from one contract period to the next,provided the software remains on a term license within the ordering activity. C. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license,or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license,whichever is the less,minus an amount equal to %of all term license payments during the period that the software was under a term license within the ordering activity. 7. TERM LICENSE CESSATION a. After a software product has been on a continuous term license for a period of *months,a fully paid-up, non-exclusive,perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year;it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract,until a fully paid-up perpetual license accrues to the ordering activity. However,should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied,the perpetual license accrual shall be forfeited. b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number 132-34,if the licensee elects to order such services. Title to the software shall remain with the Contractor. Page 110 of 473 8. UTILIZATION LIMITATIONS-(SIN 132-32,SIN 132-33,AND SIN 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity,commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor,unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity(service,bureau, division,command,etc.)that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further,the software maybe used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases,user agencies and third parties may use the computer program to enter,retrieve,analyze and present data. The user ordering activity will take appropriate action by instruction,agreement,or otherwise,to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section,all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2)above,the ordering activity shall not provide or otherwise make available the software or documentation,or any portion thereof,in any form,to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors,subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility,and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software,documentation,or information therein,which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred,or in cases of Disaster Recovery,the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel;to use the computer software and documentation with a backup computer when the primary computer is inoperative;to copy computer programs for safekeeping(archives)or backup purposes;to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software"may be marked with the Contractor's standard commercial restricted rights legend,but the schedule contract and schedule pricelist,including this clause,"Utilization Limitations"are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 9. SOFTWARE CONVERSIONS-(SIN 132-32 AND SIN 132-33) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system,or from one computer system to another. Under a perpetual license(132-33),the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license(132-32),conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include,in the schedule pricelist,a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief,introductory explanation of the modules and documentation which are offered. 11. RIGHT-TO-COPY PRICING Page 111 of 473 The Contractor shall insert the discounted pricing for right-to-copy licenses. TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 132-50) 1. SCOPE a. The Contractor shall provide training courses normally available to commercial customers,which will permit ordering activity users to make full,efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation. b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location,as agreed to by the Contractor and the ordering activity. 2. ORDER Written orders, EDI orders(GSA Advantage!and FACNET),credit card orders,and orders placed under blanket purchase agreements (BPAs)shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the student's name,course title,course date and time,and contracted dollar amount of the course. 3. TIME OF DELIVERY The Contractor shall conduct training on the date(time,day,month,and year)agreed to by the Contractor and the ordering activity. 4. CANCELLATION AND RESCHEDULING a. The ordering activity will notify the Contractor at least seventy-two(72)hours before the scheduled training date,if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled,the ordering activity will modify its original training order to specify the time and date of the rescheduled training class. b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a,above,the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety(90)days from the original course date, at no additional charge. C. The ordering activity reserves the right to substitute one student for another up to the first day of class. d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity, the Contractor must notify the ordering activity at least seventy-two(72)hours before the scheduled training date. 5. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one(1)year from the completion of the training course. During this period,the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51)AND IDENTITY ACCESS MANAGEMENT PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-60F) 9 Page 112 of 473 1. SCOPE a.The prices,terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule. b.The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location,as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives(April 2000) a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract. b.The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. c.Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable,ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a.Agencies may use written orders,EDI orders,blanket purchase agreements,individual purchase orders,or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period;all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19(Deviation—May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b.All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 4. PERFORMANCE OF SERVICES a.The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b.The Contractor agrees to render services only during normal working hours,unless otherwise agreed to by the Contractor and the ordering activity. c.The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d.Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable,in effect on the dates)the travel is performed.Established Federal Government per diem rates wil I apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989) (a)The Contracting Officer may,at any time,by written order to the Contractor, require the Contractor to stop all,or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree.The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage.Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. 10 Page 113 of 473 (b) if a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both,and the contract shall be modified,in writing,accordingly,if- (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided,that, if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS(MAR 2009)(DEVIATION I-FEB 2007)for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT TERMS AND CONDITIONS MCOMMERCIAL ITEMS(MAR 2009) (ALTERNATE I ?MOCT 2008)(DEVIATION I—FEB 2007)applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal,State,City,or otherwise)covering work of this character. If the end product of a task order is software,then FAR 52.227-14(Dec 2007)Rights in Data—General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT/IAM Professional Services. 9. INDEPENDENT CONTRACTOR All IT/IAM Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor"means the person,firm,unincorporated association,joint venture,partnership,or corporation that is a party to this contract. "Contractor and its affiliates"and"Contractor or its affiliates"refers to the Contractor,its chief executives,directors, officers,subsidiaries,affiliates,subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates,may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii)impair the Contractor's or its affiliates'objectivity in performing contract work. b.To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors,its affiliates,chief executives,directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize,or mitigate organizational conflicts of interest that might otherwise exist in situations related to 11 Page 114 of 473 individual orders placed against the schedule contract. Examples of situations,which may require restrictions,are provided at FAR 9.508. 11. INVOICES The Contractor,upon completion of the work ordered,shall submit invoices for IT/IAM Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4(MAR 2009) (ALTERNATE I—OCT 2008)(DEVIATION I—FEB 2007)applies to time-and-materials orders placed under this contract. For labor-hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4(MAR 2009)(ALTERNATE I—OCT 2008) (DEVIATION I—FEB 2007)applies to labor-hour orders placed under this contract.52.216-31(Feb 2007) Time-and-Materials/Labor- Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.601(e)(3),insert the following provision: (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b)The offeror must specify fixed hourly rates in its offer that include wages,overhead,general and administrative expenses,and profit.The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1)The offeror; (2)Subcontractors;and/or (3)Divisions,subsidiaries,or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. Services Offered: Service Unit GSA Price with IFF i. - ATL NPDES DMR Package $6,677.85 SM-NPDES i _ Each BOD Calculator $568.02 SM-BOD-1 Each ........ _.-. iMobile(includes hardware) $1,718.39 SM-IM-CU Each Instrument Integration: Parsers $811.46 (Uni-directional) SM-II-13-U Each 12 Page 115 of 473 i Instrument Integration: Parsers $1,622.92 (Bi-directional) SM-II-14-B Each On-site Instrument Integration& $2,360.87 Parser Training ** SM-ON-II Per day On-site Installation ** $2,360.87 SM-ON-IN _._ . . ......................_ Per day On-site Training** $2,360.87 SM-ON-TR Per day Data Migration $214.80 SM-DM-1 Per hour Customization $214.80 SM-CU-2 Per hour ......... _..... ...... ._,......_,..... On-site LIMS Needs Assessment $2,360.87 SM-ON-NA Per day Web Portal/Result Point $43,909.58 TI-RP-UL Per Web Portal ATL NPDES DMR Package $6,677.85 TI-NPDES Per Package �. . ..a.� rt ®. _- - .........- BOD Calculator $568.02 TI-BOD-1 Each TITAN iMobile (includes hardware) $1,718.39 TI-IM-Tl Each . ...... Instrument Integration (Uni- $811.46 directional) TI-11-13-U Each Instrument integration $1,622.92 (Bi-directional) I THI-14-B Each On-site Instrument Integration & $2,360.87 Parser Training ** TI-ON-II Per day $2,3087On-site Installation* day 13 Page 116 of 473 TI-S-ON-IN .On-site Training** $2,360.87 TI-S-O N-TR Per day ..............._....................m..s...... _--- —- _ ..� ..... _..��__�.._..... Data Migration $214.80 TI-DM-1 Per hour Customization $214.80 TI-CU-2 Per hour Installation/LIMS—Needs $2,360.87 Assessment TI-ON-NA Per day SegNFind Workstation (4 GPUs) $94,511.34 Nvidia GPUs SF-W-131 Researcher SegNFind Cluster(Cost per node) $94,511.34 2 GPUs-scalable SF-C-13 N Institution .....m......®. -_...m......,.,...®.._... ..................- ..........vm....................................... ........... ..... .........................................,...�..,.....w.... ....,..............._g Access to SegNFind Server $954.66 i SF-Cloud SegNFind—Installation ** SF-ON-IN 8 Hours SegNFind—Training** $2,360.87 SF-ON-TR Per day SegNFind Expert Bioinformatics $2,360.87 Consultation SF-CON Per day Support Services ATL Platinum Support 33.16%of software list price SU-PL-1 Per hour divided by.9925 Support Services ATL Gold Support 17.05%of software list price SU-GO-2 Each divided by.9925 _. .. .......... .......................... _. Support Services ATL Silver Support 9.48%of software list price divided SU-SI-3 Each by.9926 Support Services ATL Bronze Support I 4.74%of software list price divided SU-BR-4 I Each by.9927 132 40:Cloud Computing Services Pricing: 14 Page 117 of 473 GSA OFFER I PRICE (inclusive of SIN MFR PART NO PRODUCT NAME PRODUCT DESCRIPTION UO1 the.75%IFF) The TITAN® Base Package encapsulates all of $668.26 the out of the box functionality of TITAN®. The TITAN®framework allows for the mapping of most laboratory workflows into the solution and includes configurable functionality to address sample management, result entry,bar-coding,full auditing, 13240 ATL-SAAS-TI TITAN® business management, asset management, each , resource management,quality control/ assurance,sample scheduling,workflow modeling, project management,and system administration. C Per user/month(concurrent)(Minimum 10 Users) The TITAN®Report Designer allows users to $214.80 generate reports by simply dragging and dropping field names to a template.The I Report Writer was designed to be easy to use and to allow non-IT personnel the ability to generate reports.The report writer's intuitive interface allows you to create exactly the reports you need. By incorporating some of the most powerful tools TITAN®offers within 132 40 ATL-SAAS-TI-RD Report Designer each a simple interface and intuitive design structure,you have the power to design reports the way you want them. Reports can 1 contain more than just text;TITAN®Report CI Designer allows elements such as images, charts,and barcoded elements to be used on a report. I Peruser/month(named) _.. _.. ..... ....... ..... .. �...,.. me e Result Point®is a secure web portal that $2,100.25 allows clients to access their data 24/7;view status and results,check limits,view or print reports in PDF, Excel,or other common file 13240 ATL-SAAS-TI-RP Result Point® formats. Users can also remotely log in each 1 samples that will be shipped to the laboratory. per month(unlimited) Allows direct upload of LIMS data from field $1,312.66 collectors in real-time. (iPad,Samsung Galaxy, I 13240 ATL-SAAS-TI-IM iMobile Nexus,or other device with a rugged case each sold separately.) Per user/month(5 named user-minimum) JMP combines powerful statistics with ( $167.07 dynamic graphics,in memory and on the 13240 ATL-SAAS-TI-JMP SAS JMP desktop.Interactive and visual,JMP reveals each insights that raw tables of numbers or static graphs tend to hide. ...................... J ...... . ..... 15 Page 118 of 473 Per user/month(named user) - ----------- 132 40 s ATL-SAAS-TI-ACT One time Account Activation Billed for all clients(paid before service starts) each $3,818.64 16 Page 119 of 473 Form _9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. ACCELERATED TECHNOLOGY LABORATORIES, INC. 2 Business name/disregarded entity name,if different from above N N M 0- 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to C certain entities,not individuals;see O ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate V) instructions on page 3): m c single-member LLC ap Exempt payee code(if any) >_2 ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► I? Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting N the tax classification of the single-member owner. code(if any) a E]Other(see instructions)10- (Applies to accounts maintained outside the U.S.) iu-U 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) a 496 HOLLY GROVE SCHOOL ROAD 6 City,state,and ZIP code w WEST END, NC 27376 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number( However,for a page —m — resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. M56 - 2 1 1 3 0 2 8 LiMU Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are of required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person 10- Date► 11�7�19 General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) Page 120 of 473 ACCEL-1 [:DATE(MMIDDrYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/07/2019 THIS CERTIFICATE IS ISSUED ASA 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 INSURE (S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,thepolicy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject t0 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 910-673-4771 CONTACT Tyler Horney Lee-Moore Insurance Agency Inc PHONENAML 910-673-4771 Fax P.O. ox 667 arc,No,Ext: Arc,No West End,NC 27376 E•®AIL Tyler Hornet' INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford n a riters Ins.Co, 30104 INSURED INSURER®: or Casual InsuranceCo 29424 Accelerated Technology H ord Ins o of the iet 37478 Laboratories,Inc. INSURER c 496 Holly Grove School Road West End,NC 27376 INSURER D INSURERE: INSURER F COVERAGES QETIFIG T VI INUMBER: 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 SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE LA OCCUR X 22 563 01/24/2019 01/24/2021 DAMAGEEREMISES NTED currencel $ 300,000 MED EXP A, one arson $ 10,000 X E&O 2,000,000. PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY PRO- ❑ LOC 2,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO 22UECZ19082 01/24/2019 01/24/2020 BODILY INJURY Per arson $ OWNED SCHEDULED BODILY INJURY Per aceident $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTO ONLY Per accident1 $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE 22S P8563 01/24/2019 01/24/2021 AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10000 WORKERS COMPENSATION PER X aTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y r N 22WBCLH4068 10/05/2019 10/05/2020 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N r A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _T E.L.DISEASE•POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS r VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Boynton Beach is added as additional insured for General Liability per written contract. CERTIFICATE I CITYOB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City o Boynton each THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS. 124 East Woolbright Road Boynton Beach, FIL 33435 auTHORlz6o REPRESENTATIVE Tyler Hor ACORD 25(2016/03) ©1988-2015 AC09D C OFiPOR—ATTON. All rights reserved. The ACORD name and logo are reistere marks of ACORD Page 121 of 473 ®60�QY9 Or/Y9�1'7 DR-14 i Certfficate of Exemption R.1a115 Issued Pursuant to Chapter 212, Florida Statutes FLORIDA I 85-801 26211544C-0 07l 1l 17 07/31/2022 I I L GOVERNMENT Certificate Number_ ........ Eifective Date�...._.... �Expiration Cate �.p Exemption Category This ifi CITY OF BOYNTON 100 E BOYNTON BEACH BLVD BOYNTON BEACH L 33435-3838 is exempt from the payment of FloridaI on real property rented, transient rental property rented,tangible personal property purchased or rented, or services purchased. - 14 nt Information for Exempt Organizations 10/15. ------ FLORIDA 1 You must provideII vendors and suppliersI tion certificate beforekin tax-exempt u . See Rule 12A-1.038, l rl ini r lv (F. .). 2. Your Consumer's Cert1ficate of Exemption is to be used solelyy your organization for your organization's customary fit activities. 3. Purchases made by n Individual o i of the organization are taxable, vn If the Individual III be reimbursed organization. 4. This exemption applies only to purchases your organization makes. The saleor lease to others tangible personal sleeping tion , or other real property Is I . Your organization must register, and collecti I tax on such taxable transactions. hes are exempt from this requirement c t whent y are the lessor of real (Rule 12A-1.070, F. .). 5. It Is a criminal affense to fraudulently present this certificate to evade the payment of salesr no circumstances id this certificate used for the personal benefit of anyIndividual. I I o III be liable r paymentthe sales tax plusl of the tax, and may be subjecto conviction of a third-degree violation will require the revocationthis certificate. 6. If you have questionsi your exemption certificate, pleasecontact the Exemption Unit of Account Management - 1. From the availableoptions, select"Registration of Taxes," "Registration Information," n lly"Exemption Certificates and Nonprofit Entities." The mailings Is , Tallahassee, L 32314-6480. Page 122 of 473 6.C. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R20-002 -Approve and authorize the City Manager to sign the Developer's Agreement with Mr. Robert Peterson of 815 Palmer Road for the construction of water and wastewater improvements within the right-of-way of Palmer Road. EXPLANATION OF REQUEST: Palmer Road is located east of Federal Highway adjacent to the Intracoastal Waterway outside of the City limits in unincorporated Palm Beach County. The City currently has a utility easement and an existing water main on Bamboo Lane; however there are no existing water or sewer utilities on Palmer Road. The lack of infrastructure makes property improvements difficult for the construction of new homes and additions. Staff requests approval of a Developer's Agreement with Mr. Robert Peterson of 815 Palmer Road. Mr. Peterson's licensed underground contractor will install water main and low-pressure wastewater collection system improvements within the right-of-way of Palmer Road in accordance with the project drawings provided by Utilities staff. Upon completion of construction, the water and wastewater systems will be dedicated to the City. Mr. Peterson's property and the adjacent properties that connect will be provided with a water meter and grinder pump wastewater connection at the right-of-way line, which will be the Utilities' point of service and limit of responsibility for future operation and maintenance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The residents of Palmer Road will receive an improved level of service and improved reliability and quality of service by connecting to City water and sewer. The properties will abandon their existing septic tanks as part of the project, which provides an additional environmental benefit. FISCAL IMPACT: Budgeted There is no fiscal impact to the City for the execution of the Developer's Agreement. Reimbursement of the construction costs will be made by the City when Mr. Peterson and the adjacent properties connect to the water and sewer utilities. Each property owner will enter into a new water service agreement with the City and pay the applicable capital facility charges and connection fees. Funding for the reimbursement is available in the Utilities C I P account. ALTERNATIVES: Not approve the Developer's Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 123 of 473 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Developers Agreement with Robert Peterson for Palmer Road D Agreement Palm Road Developer Agreement D Drawings Project Drawings Page 124 of 473 1 RESOLUTION NO. R20- 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 ROBERT PETERSON OF 815 PALMER ROAD FOR THE 7 CONSTRUCTION OF WATER AND WASTEWATER 8 IMPROVEMENTS WITHIN THE RIGHT-OF-WAY OF PALMER 9 ROAD; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, Palmer Road is located east of Federal Highway adjacent to the 12 Intracoastal Waterway outside of the City limits in unincorporated Palm Beach County; and 13 WHEREAS, the City currently has a utility easement and an existing water main on 14 Bamboo Lane; however there are no existing water or sewer utilities on Palmer Road; and 15 WHEREAS, the lack of infrastructure makes property improvements difficult for the 16 construction of new homes and additions; and 17 WHEREAS, the residents of Palmer Road will receive an improved level of service 18 and improved reliability and quality of service by connecting to City water and sewer; and 19 WHEREAS,the City Commission has determined that it is in the best interests of the 20 residents of the City to approve and authorize the City Manager to sign a Developer's 21 Agreement with Robert Peterson of 815 Palmer Road for the construction of water and 22 wastewater improvements within the right-of-way of Palmer Road. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission does hereby approve and authorize the City S:ACA\RESOAAgreements\Developers Agreement with Robert Peterson(815 Palmer Rd)-Reso.docx Page 125 of 473 29 Manager to sign a Developer's Agreement with Robert Peterson of 815 Palmer Road for the 30 construction of water and wastewater improvements within the right-of-way of Palmer Road, 31 a copy of which is attached hereto as Exhibit"A". 32 Section 4. This Resolution shall become effective immediately upon passage. 33 34 PASSED AND ADOPTED this day of , 2020. 35 36 CITY OF BOYNTON BEACH, FLORIDA 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 VOTE 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) S:ACA\RESOAAgreements\Developers Agreement with Robert Peterson(815 Palmer Rd)-Reso.docx Page 126 of 473 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of , 20 , 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 ROBERT PETERSON ("Owner")whose address is 815 Palmer Road, Delray Beach, Florida 33483. RECITALS: A. Mr. Robert Peterson is the owner of that certain real property (815 Palmer Road), as shown on the project plans; and B. Owner intends to install water main and low-pressure wastewater collection system improvements within the right-of-way of Palmer Road. C. Owner intends to connect his private onsite low pressure pumping station,which is located outside the City jurisdictional limits, to the newly installed collection system D. The City and Owner 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, Owner 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. (a) Construction of Water and Wastewater Improvements. Owner and the City agree to the following: (b) Owner shall construct water main and low-pressure wastewater collection system improvements along Palmer Road as shown on the project plans to conform to City standards. (c) Upon completion of construction the Owner will dedicate the newly constructed water and wastewater systems to the City. The City, conditioned on the City's inspection and acceptance of the water and wastewater systems (including the backflow preventer 100349897.1306-90018211 Developer's Agreement—Palmer Road I Page 127 of 473 referenced in subsection (d)below) and the City's determination that the construction conforms to City standards, will accept the dedication. (d) The City will assume maintenance and operation responsibility of the water distribution system within the existing Palmer Road right of way up to and including the water meter, which is the City's point of connection and limit of responsibility. If the property has a boat dock,the Owner shall install a reduced pressure zone(RPZ)backflow preventer on the private side of the water meter and submit the passing test report to the City. Proper maintenance of the backflow preventer will remain the responsibility of the Owner and the Owner, on request from the City, shall have the preventer tested and the test results submitted to the City. It the test results are negative (fail to conform to City standards), the Owner shall repair or replace the preventer within ten (10) calendar days from the date of the failed report and submit proof thereof to the City. (e) The City will assume maintenance and operation responsibility of the wastewater system within the existing Palmer Road right of way up to and including the 2" grinder station point of connection, which is the City's limit of responsibility. (f) Reimbursement. The cost share for each property on Palmer Road will be calculated as the total construction cost divided by the number of properties. As the adjacent property owners connect to the City's water and wastewater systems, the City will reimburse the Owner for the corresponding property's share of the construction cost. (g) Prior to connection of Owner's water meter and proposed onsite low pressure pumping station, Owner will submit design plans to the City for approval. Owner will enter into a new water service agreement with the City and pay the capital facility charges and connection fees. 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 Owner 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 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, no such release shall be required. The rights granted to Owner 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. 100349897.1306-90018211 Developer's Agreement—Palmer Road 2 Page 128 of 473 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Owner 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 of deposit in the U.S. Mail. 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 Owner'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 100349897.1306-90018211 Developer's Agreement—Palmer Road 3 Page 129 of 473 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 Owner. 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 Owner. 17. Indemnification. Owner 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 Owner's construction and/or installation of the Water and Wastewater Improvements (collectively 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 Owner without duress and after full review, evaluation and consideration by the Owner. Owner 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. 100349897.1306-90018211 Developer's Agreement—Palmer Road 4 Page 130 of 473 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 Owner are not partners and this Agreement is not a joint venture and nothing in this Agreement shall be construed to authorize the Owner to represent or bind the City to matters not expressly authorized or provided in this Agreement. [SIGNATURE PAGES FOLLOW] 100349897.1306-90018211 Developer's Agreement—Palmer Road 5 Page 131 of 473 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: 100349897.1306-90018211 Developer's Agreement—Palmer Road 6 Page 132 of 473 OWNER: By: Robert Peterson Print Name: Witness Print Name: Witness STATE OF FLORIDA COUNTY OF The foregoing instrument was executed, sworn to and acknowledged before me by means of ❑ physical presence or ❑ online notarization, this , 20 , by Robert Peterson as Owner of . He (check one) ❑ is personally known to me, or ❑ has produced a valid driver's license as identification. 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CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approve- Phase 11 of Task Order UT-2E-02 with Alexis Knight Architects, in the amount of$77,745 in accordance with RFQ. No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by Commission on August 7, 2018. Task order services for phase I I include grant application submittal, final design, permitting services, and bid assistance for the additions and alterations to the existing marina facilities located in the Oyer Boat Park. EXPLANATION OF REQUEST: Utilizing the General Consulting Services contract(RFQ No. 046-2821-17/TP), the City contracted with Alexis Knight Architects on June 26, 2019 for Phase I of the project. Phase I included services for the preparation of survey, preliminary drawings, and construction estimate for the additions and alterations to the existing Marina facilities located in Oyer Boat Club Park. Staff recommends moving forward to the second phase of the project; turning the conceptual design to final design and construction plans. The parks improvements include but are not limited to: • Rework the existing four (4) boat ramps as required to improve their functionality from the standpoint of surface material and possibly ramp slope. • Replace the existing five (5)floating docks located in the marina area. • Rework and repair the driveway surfaces in the immediate areas located at the turn-around and the paved areas directly adjacent to the boat ramps. This will include the replacement of curbing and walkway that may be damaged during the modification described herein. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The rework of the boat ramps and replacement of the floating docks are necessary to fix surface material and ramp slope. FISCAL IMPACT: Budgeted Funding in the amount of$101,000 dollars are budgeted in the project number RP1862 in account number 303-4211-572-62-01 for fiscal year 19/20. ALTERNATIVES: Defer the rework and replacement to a future year and make incremental repairs in the short term. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 142 of 473 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Alexis Knight Architects START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Attachment 1 -Alexis Knight Architects® Phase 1 Proposal D Attachment Attachment 2 ®Alexis Knight Architects® Phase 2 Proposal D Agreement Attachment 3®Alexis Knight Architects Executed Agreement Page 143 of 473 Sustainable n Innovative Solutions June 26,2019 Mr.Kevin Ramsey Senior n r Publici rin P.O. o 1 Boynton c ,FL 33435 ramlltmdul n I Services for Phase 1: Schemak D@Wgn Phase Repairs and Allematlon to Oyer Boat C4ub Park 2010 N.Federal fthvmy Boynton Beach, FL 33435 AKA . 1 . 0034 Mr. ; Alexis Ki , Inc. ] hit ) is pleased to provide this !for professional services. These services Include in this proposal and v4II result In the preparation documents r the additions and alterationsexistingcilii located In the Oyer Boat Club ,at 2010 N.Federal ,In BoyntonI rf . Pleaseincluding f , and ff acceptable, inn to t. will begin thisi (5)business days of receivingn acceptance and execution this agreement services. i I YAII be validfor thirty ( this proposed agreement. Sincerely: ight chi ,In Fly Steven W.K 4 ht,R.A., I.A. President "rk ProjectFile _.................. n ........ ...... ALEXIS KNI&SHTARCHITIECTE 100 NE P Street Sub102 B*ft Beach,FL 33435 6613749242 skright@ekarchbolshamn Page 144 of 473 June 26, 1 Professional Services r. Phase 1: Schematic Design Phase Repairs and Alternation to Oyer Boat Club Pwk 2010 N. Federal ! y Boynton Beach,FIL 33435 AKA 19.0034 . This l Is hereby issued this 261h day of Jura, Boynton Beach, subsequently referred to as the 'CIW, and AlexisArchitect, Inc. , subsecluently referred to as the"Architect." beingThese services are r our current General Consulting Services Agreement dated August 22,2018. By joining in this AgmemeK the Clienti I , Inc.to provideIn connection with the ion of the constructionn r the additionsi i ' facilities located In the Oyer Boat Clubin Boynton Beach,Florida, n ," By this Agreement, the scope of AlexisKnight limited in S&Wm- Client agrees to compensate Alexis Knightr providing the above seftes in the manner described I ClientAfikhm&71 B.ftfesslonaf Few. Iexis Knight Architectsr services In the manner described i &WwdAwr&RsWas described in ourGeneral Consulting Services Agreement dated August 22,2018. Clienti' r Gerieral Consulting 1 . Alexis Knight i ,i �,- - BY:. #�`�. ._ 's ... Steven W.Kni t Title: President June 1 Client: Mr.Kevin Ramsey ............ ............... ALVXIE KNjwmTAROH1TrcTm 100 NE 61h SWA Sub102 FL 33435 5613749242 skqh*@k@rchbftnnom B Page 145 of 473 ArchltedurW i Attachment A: Scope of Smiese June 26, 1 Professional Services for: Phase 1: Schematic Design Repairs and Afternation to Oyer Boat Club Federal2010 K Highway Boynton AKA 19.0034 . Project Description: This j Includes i ions to the e)dsting marinalocated the Oyer Boat Clubin Boynton Florida. The Cityi like docks located within this facility. The boaling community and the users of thisit t the existingr (4) boat ramps have become dftult to use, due to the current suftce conditions. These conditions include both the surface materials floatingThe existing i n I, but are In an extreme state of disrepair. If the project budget is able tolerate the expenditure associatedupgrading n would like replace each of the five( )floating docks. The estimated project budget,as disclosed t h,i projectThe II be as follows: • Rework the lin r( required improve their functionality from the standpoint surfacel and possibly Replace• i five(5)floating docks locked in the marina . • Rework and repair u In the immediate payed areas directly jacent to the boat ramps. This will include I curbing walkwayring the modification described herein. discussedThe scope of work Is as our on meetingI 1 . ALMX18 KNimmTARoHiTEcTB 100 NE P Shet M 102 Boyftn Bach,FL 33435 551374 9242 nl h hl i 3 Page 146 of 473 Phase 1: Scope of Basic ; AKArchftects Is hereby offering the bask professional services as definedin thisI. These services shall Include limited 1, structural engineeringn and dravAng preparation, environmental permitting, assistanceIn iacquisition I pennitfing and biddingi i The following seis II be provided . Alexis Knight ,Inc................................................... Architectural MUEngineedng, Inc.............................................. Structural Engineeflng EngenuRy Group,Inc.................................................................................... Site SurveyingServices The IIGroup.......................................................................Environmental Engineering Services AKArchftects A hire, hold the contracts for services and oversee these firms as pad of their providedservices to be i c r this agreement. The follovAng basic services vAll be provided: • Due Diligence Surveying• Site I Opinion• the Probable Cost for Construction Upon issuance of an AuthorizationClient, hit h II provide the fbiloyAng . DiligenceDue . AKArchitects and their Consultants Will provide the field work for this project. The scope of the project fleld work II include I! I : Architectn Ir Consultants YAII meet with the Boynton Beach Publicn i ri Depadmnt to establish . • The Architect and their Consultants YAII visit I l nexisting madne facility. The Architect and their Consultants measure, conditions requiredIs for the project program and establish the final work scope. • The Architectit Consultants Will oDntad each regulatoryI agency to determine the detailed scope of thish . • The Architect and their Consultants shall prepare summary report of findings. Architect it Consultants vAll establish andl r this j . SurveyingSke AKArchltects YAII retain the servicesland r to prepare a survey of the surroundingpavement otherand the areas adjacentI be defined as those essential to the project, but outsidethe scope and boundariesy as Included in the basisi proposal. _.. ALCXIM KNIGHTARcHITEOTS 100 NE P SftK SAB 102 FL 33435 6613749242 n I Page 147 of 473 Schanatic Dgslgn: AKArchltects and their consultants PAII prepare the schematic design for each thIs project. The schematic design wiII be based on the field work and programming completed during the initial phases of these services. The conceptual design services will Include the following: • The Architect and their Consultants will prepare a schematic design Illustrating the layout of the project areas, including now Improvements to the boat ramp, floatIng docks and other areas adjacent to the marina. • The Architect and their Consuftants.will provide a benthic survey of the submerged bottoms to locate any benthic resources within the footprint of the proposed boat ramp improvements.The benthic survey must be performed from June I — September 30 as required by regulatory agencies for permitting. Surveys conducted outside of the acknowledged seagrass.growing season may be subject to agency revI ew and verification at the start of the next growing season. The design team will work carefully to illustrate the beat layout, based on the Clients needs. In an effort to best satisfy the requirements of the Client,the designers YAII make revisions to the concept, until Client approves the concept. If this process becomes extensive, laborious and excessive changes persist,AKArchftects will ask the Client for fees required to compensate the design team for addonal time required to complete this phase of the project services, Preparation of an Opinion of the Probable Cost for Construction AKArchltects will prepare an Opinion of the Probable Cost 1br Construction. • This will be based on historic data,area take offs and cost of labor and materials as offered In the current construction market. • This deliverable will include a line kem cost presentation and a lump sum value. Phase III: 8"ces The design team will provide he fblkyMng services as pad of the upcoming Phase 11 portion of this project. These Phase 11 services will authorized under a separate agreement. • Environmental Permitting Services • Construction Documentation Phase Services • Bidding Assistance Services • Grant(FIND)Applicadon Swvlces The services required for preparing and filing the application for the FIND grant must be provided In order to complete and submit the FIND application on or before March of 2020. ALEXIS KNIMI-ITARaHmicTs 100 NE 81,SU*Sub 102 Bainton ,FL 33435 561374 9242 sknIghadcambhooWnacorn 5 Page 148 of 473 The AKArchkoctural Team will assist the City of Boynton Beach in pursuing funding through the Florida International Navigation District (FIND) whIch is offered through the Waterway Assistance Program Grant for locaI governments. Qualifications and lExcluslons: Please note that this fee proposal Is based on our understanding of the project scope and the infortnatlon that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions: Qualffledons: * The Structural Engineer will provide the engineering and design for the plies associated with the new floating dock. The floating docks will be engineered and designed by the dock supplier. * The Architect and Engineer will not provide Value Engineering Services for this project. These servioes would Include those required to redesign and change the design and drawings as required to conform to the Client's budget as referenced inti proposal. The Client shell provide the following: 0 Survey of e)dsgng boat ramp docks and basin Including bathymetry. Exclusions: AKArchitects will not provide the following services: • Civil engineering services • Geotechnical testing and soils reporting • Dock,basin and bathymetry surveying • Engineering and design of the floating docks • Services for landscape architectural design • Value engineering-Making design and plan changes to reduce cost • Construction and material testing • Services for obtaining any variances, change in use permits or special approvals required by the building department for the physical Installation of any portion of this project • S&-Aces for making client or contractors requested plan and design revislons which occur after final acceptance of the documents(100%completion levels)and during construction. • ServIces for additional building or 91W design beyond those necessary to support the scope of work defined in this proposal • DeWled cost estimating services Project Schedule: Please note that this schedule is based on our understanding of the project soope and the Information that is presently available. The schedule and the time required to complete each task will be a direct function of AKArchitects ability to receive information required to complete the project. The Architect and the Client will meet to edablish the final building schedule. ........... ........... ........................................ ALIX111 KNIUSHTAPacHrricaTim W NE 66 ShA Sub 102 Boynton Beach,FL 33436 5013749242 skntht@iikomhbebine.com 0 Page 149 of 473 Architectured Service Agreement Attachment 13: I Fm June 1 Professional Services for., AlternationPhase 1: Schematic Design Phase Repairs and Oyer Boat Club Park 2010 N.Federal Highway Boynton Beach, FIL 33435 AKA No. 19.0034 ANIAOSMIM PreparationThe Construction Document I ll be providedr flrm and WIN be made on the basis of a lump sum fee as shown belom MIUding r printing costs,permit and application Diligence , . Design00 i Total $2Z967M The additional services defined in this proposal will be providedon an hourly owluding expenses,will be negotiatedI task. ............._._ ... 100 102 Boynim ,rL 33436 5613749242 sknWhQ9kamhI"Ina=n 7 Page 150 of 473 ' Aftwhment Q Standard Hourly Rates June 26,2019 Profmional Services for: Phase I: Schematic Design Phase Repalm Oyer Boat Club Park 2010 N.Federal Highway Boynton h, L 33435 AKA No. 1 s January INOStandard Hourly Rates Effective Houdy Rates are as Included in our general agreement Charges r adclitional professional services performed by our firm for all services listed in the Scope of Additional ClientServices or as otherwise requested by the li be performed on the basis of an Hourly Fee excluding Billings I be issued at least monthlywill I scope of swim that . __. ....._. _.. ............ ...... SOD NE V SbA Suite102 Boynim Bouch,rl 33435 5613749242 Page 151 of 473 At t I � Sal 1, _Ti r C 8 jig I CSti J � i 88 is 8 jig i tr a .' �_ ed 1te$ 1, , a +� cJiru a ;al _ 1� �Ie+S ad �9t��- 1 e` mm3. LU Willi r i Page 152 of 473 ALEXIs KNiraHTARCHITECTS Sustainable Design Innovative Solutions October 1 ,2019 Mr. Kevin Ramsey Senior Project Manager Public Works Engineering 31 Boynton Beach, FL 33435 rns yj @5 fi.0 RE: PHASE II Professional Services r: Repairs and Alternation t Oyer Boat Club 2010 N. F I Highway Boynton L 33435 AKA 19.0034 Mr. ; Alexis Knight Architect, Inc. ( rhlte s) is pleased to providethis proposal for professional services. These services include fin in this proposal n ill result in the preparation of the construction documents and other supporting servicest the additions and alterations to the existingmarine facilities located in the Oyer Boat Club01 . Federal Highway, in BoyntonBeach, Florida. Pleasevienclosed including t :&ape of Ser vkm, ftfosknaf Few, Afikhment 0 Sbdwd liburly Rtm and AWarent : GensW Condifions,and if acceptable,sin and returnthis agreement. AKArchitects will begin this project withinfive( )business days of receivingacceptance f this agreement services.- i I will be validr thirty ( ) days from the date of this proposed agreement. I aght h(b r ISteven ° W. Mi . President cc: Project File ...................................................._.. ALEXIS 1 HT HITECT 100 NE 8h Skeet Suite 102 Boynton Beach,FL 33436 581374 9242 sknlght@okorchbctslnc.com 1 Page 153 of 473 Architectural riAgreement October 1 ,2019 PHASE 11 Professional Services r: Repairs I r i t Oyer Boat Club Park 2010 N. Federal Highway Boynton L 33435 AKA 19.0034 This l is hereby issued this 15th day of October,2019 and shall become the agreement between The C4 of Boynton Beach, subsequently the "Client, and Alexis Knight Architect, Inc. ( rchoc ), subsequently ." servicesThese i under our current General Consulting Services Agr2018.eement dated August By joining in this Agreement,the Client retains Alexis Knight Architects, Inc. to providei in connection with the tion of the n ocu r the additionsI r ions to the existingmarina facilities located in the Oyer Boat Clubr in BoyntonBeach, Florida,subsequently refer ! By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited t described in . Client Alexis Knight Architectsr providing the above services in the manner described in Client Alexis ight Architects forservices in the manner described in Alflachnwl C. Stmdwd hbudy Raft as described in our General Consulting Servicesn u u2018. Client I conditions as describedin our General Consulting ServicesAgreement dated August 1 . Alexis ni ht Archited,Inc. By: ...... ......... __ ........... . ._.... .. Steven it Title: President October 1 ,2019 Client: r. Kevin Ramsey Y. . ALEXIS KNIGHTAtim"ITECTIN 100 Suits 102 Boynton Beach,FL 33435 5613749242 kn' architwmlnc.com 2 Page 154 of 473 Architectural Service Agreement Attachment A: Scope of Services October 15,2019 PHASE 11 Professional Services fbr: Repairs and Alternation to Oyer Boat Club Park 2010 N. Federal Highway Boynton Beach, FIL 33435 AKA No. 19.0034 Project Description: This project includes the repairs ends alterations to the existing madna located at the Oyer Boat Club in Boynton Beach, Florida. The City of Boynton Beach would like to modify the existing boat ramps and floating docks I ocated within this facility. The boating communky and the users of this facility have stated that the existing four (4) boat ramps have become difficult to use, due to the current surface conditions. These conditions include both the surface materials and the slope of each ramp. The existing floating docks are functional, but are in an extreme state of disrepair. If the project budget is able to tolerate the expenditure associated with The upgrading of the float docks, the C4 of Boynton would like to repI ace each of the five(5)floating docks. The estimated project budget, as disclosed by the City of Boynton Beach, is$250,000.00. The project scope shall be as follows: • Rework the existing four(4) boat ramps as required to improve their functionality from the standpoint of surface material and possibly ramp slope. • Replace the existing five(5)floating docks located in the marina area. • Rework and repair the driveway surfaces in the immediate areas located at the tum-around and the paved areas directly adjacent to the boat ramps. This will include the replacement of curbing and walkway that may be damaged during the modification described herein. The scope of work is as discussed during our on meeting which took place on May 9, 2019. The AKArchitectural Team will assist the Cky of Boynton Beach in pursuing funding through the Florida Intemation al Navigation District (FIND) is iso through the Waterway Assistance Program Grant for local govemmerrts. ALEX18 KN10HTARcH11TCr3T3 100 NE Gh 5 Sub 102 Boynton Beach,FL 33435 5613749242 skni akarchftchinc.com 3 Page 155 of 473 The Waterway Assistance Program is a grant program established by the Florida Legislature and the District for the purpose of financially cooperating with local governments to alleviate problems associated with the Atlantic Intracoastal Waterway and associated waterways within the District. The program is authorized by Section 374.976, Florida Statutes, and is administered under the provisions of Chapter 6613-2, Florida Administrative Code. Eligible local governmental agencies include municipalities, counties, port authorities and special taxing districts within the twelve counties of the District. Scope of Basic Services: Al(Architec is hereby offering the basic professional services as defined in this proposal. These services shall include limited architectural, structural engineering design and drawing preparation, environmental permitting, assistance in funding acquisition and general permitting and bidding assistance services. The following services will be provided by these firms: Alexis Knight Architects, Inc.......... ........................................................................Architectural Services MUEngineering, Inc.............................................................................Structural Engineering Services The Chappell Group.......................................................................Environmental Engineering Services AKIVc.hRects will hire, hold the contracts for services and oversee these firms as part of their services to be provided by AKArrjh.tec,1s under this agreement. The following basic services will be provided: • Grant(FIND)Application Services • Environmental Permitting Services • Construction Documentatlon Phase Services • Environmental Permitting Services • Bidding Assistance Services Upon issuance of an Authorization to Proceed by the Client,AKArchltects shall provide the following services: Grant(FIND)Application Services: AKArchifects and their consultants will provide bidding assistance services for this project. The Architect and their Consultants will assist the Client in the review of bids and executing the Standard Agreement between the Owner and General Contractor. • The Environmental Engineering Consultant will prepare the application for Waterways Assistance Program(WAP)grant with the Florida Inland Navigation District(FIND)including presentation to the commission for approval. • The Environmental Engineering Consultant will attend FIND board meating in Cocoa Beach and assist City with presentation and question and answer session. • The Environmental Engineering Consultant will provide coordination services and meat with FIND staff for processing application and providing necessary documents for approval. ALExon KN1MHTAR0Hrrr-r3TM 100 NE P Shet Sulte 102 Baynton Beach,FL 33435 561 374 9242 sknighokamilhadainc.com 4 Page 156 of 473 Owstruction and Permit Documentation Phase. AKArcl,ift vtss and their consultants will provide the construction and permit drawings for this project. If the scope of the project should be expanded beyond what is described herein, the Architect and Client will review this proposal and the fees associated with these services. • The Architect and their Consultants will prepare the drawings and construction documents, illustrating the final design layout of the new improvements to the boat ramp and floating docks. • The Architect and their Consultants will review construction documents to confirm compliance with requirements oft permitting authority. • The Architect and their Consultants will administer and atlend meetings with the Client and other team member to coordinate and finalize the construction drawings. These documents will be made mpermit ready"for application to the local permitting authority and environmental permit applications to U.S.Army Corps of Engineers,and Florida Department of Environmental Protection for the boat ramp improvements and floating docks. Environmental Permitting Services AKA,m-,h'fte,,d,,s and their consultants will provide the services necessary to obtain both the environmental and general building permits required by the local permitting authority and other jurisdictional permits required for this project. • The Environmental Engineering Consultant will prepare and process environmental permit applications to U.S. Army Corps of Engineers, and Florida Department of Environmental Protsction for the boat ramp improvements and floating docks. • The Environmental Engineering Consultant will attend reapplication meetings with the regulatory agencies to discuss project and permitting timeframes. • The Environmental Engineering Consultant will prepare necessary exhibits,and plans for environmental parmftlssuance. • The Environmental Engineering Consultant will prepare responses to Requests for Information (RFI's) from regulatory agencies and comments received from commenting agencies including but not limited to the Florida Fish & Wildlife Conservation Commission, National Marine Fisheries Service, and U.S. Fish&Wildlife Service. • The Architect and their Consultants will assistance required in obtaining permits from the local authority and other jurisdictional authorities associated with this project. The General Contractor or the Client will prepare the local permft application and issue the required information to the local permitting department. ALown KNIGHTARCHITT S 100 NE&Great,Suits 102 Boynton Beach,FL 334M 5613749242 sknthokarchPlectBinc,corn 5 Page 157 of 473 These services d"n include obtaining ske plan approvals or formal modiffcations to the approved site plan that may be required by the Engineering or Planning and Zoning Departments. Bidding Assistance: AK and their consultants Mil provide bidding assistance services for this project. Once the contract for the new work has been executed, the Architect will assist the Client in the review of bids and executing the Standard Agreement between the Owner and General Contractor. • The Architect will prepare the bid documents to include: 1. Notice or Invitation to Bid 2. General Conditions ' & Supplementary Conditions 4. Construction Drawings 5. Standard or of Agreement Between Owner and Contractor • The Architect will reproduce and distribute the required Contract Document sets for contractor's to bid. • The Architect will assist the Client in ad min!staring a Pre-Bid Conference with the General Contractor. • The Architect will modify the documents to include additional information related to requests for Information(RFI's)issued by the contractors during the bidding phase of the project. • The Architect will receive, tabulate bids, review the bids with the Client and make a recommendation regarding the selection of the contractDr. • The Architect will assist the Client in executing the Standard AIA Contract Between the Owner and General Contractor. The fbilowing optional services may be provided: Optional Services: PmW Layout Surveying: For an additional fee, the Architect and their Consultants will provide preconstruction surveying services for this project. • The Consultant will provide the dimensional layout of the now work. • The Consultant will provide the required fbrmboard survey prior to the first inspection. Construction Administration: For an additional fee, the Architect and their Consultants W11 provide limited construction phase administration services for this project. Once the permits for the now work have been issued by the local authority having jurisdiction and the construction phase of the project begins, The Architect will provide the construction phase administration services,defined herein. ALEXIM KNMH-rAmaw-rz0T8 100 NE P Street Sulte 102 Boynton Beach,FL 33435 5613749242 sknighMakarchRectaInc. com 6 Page 158 of 473 The Architect and Engineers will provide the following servioes: Observation Services: • The Architect and their Consultants will observe the project during the construction phase, to ensure that the materials, assemblies and finish product are consistent with the work included and defined in the construction documents. • The Architect and their Consultants will provide site visits and progress reporting on an "as needed basis". A site visit report willbe prepared,defining the work observed and in progress Administration Services: • The Architect and their Consultants will review shop drawing submittals issued by the General Contractor. • The Architect and their Consultants will answer RFI's and questions from the field and provide written clarification to the Client and contractor. • The Architect and their Consultants will provide written clarification and drawing revisions as required by the local permitting authority. • The Architect and their Consultants will provide a final "punchlist" walk-through to ensure that the project has been completed in accordance with the contract drawings. • The Architect will provide"as-bulk'drawings. Qualifications and Exclusions. Please no that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions: Qualifications. • The Structural Engineer will provide the engineering and design fbr the piles associated with the now floating dock. The floating docks will be engineered and designed by the dock supplier. • All plans and drawings issued for permit applicatlon will bear the signature and seal of the Architect of Record and the Engineer of Record. • The Architect and Engineer will not provide Value Engineering Services for this project. These services would include those required to redesign and change the design and dravWngs as required to conform to the Clients budget as referenced in this proposal. The Client shall provide the following: 0 Survey of existing boat ramp docks and basin including bathymet - ---- . .................................................. ................ .................. ALExill Kr4H3HTAmrmsTa:n-rs 100 NE 6M Snet,Suite 102 Boynton Beach,FL 33435 5613749242 aknighoakamh1tectsimcom 7 Page 159 of 473 • Geotechnical engineer report of existing soil conditions at boat ramp and within fbotprint including recommendations for foundation requirements. • Construction and material testing. • All Permit fees, impact fees and other fees required by the permitting agencies. Exclusions: AKArchfte&j will not provide the following services: • Surveying services • Construction administration services • Civil engineering services • Geotechnical testing and soils reporting • Dock, basin and bathymetry surveying • Engineering and design of the floating docks • Services for landscape architectural design • Value engineering—Making design and plan changes to reduce cost • Construction and material testing • Services lbr obtaining any variances, change in use permits orspecial approvals required by the building department I&the physical installation of any portion of this project • Services for making client or contractors requested plan and design revisions which occur after final acceptance of the documents(100%completion levels)and during construction. • Services for addifional building ori design beyond those necessary to support the scope of work defined in this proposal • Detailed cost estimating services Project Schedule: Please not that this schedule is based on our understanding of the project scope and the information that is presently available. The schedule and the time required to complete each task will be a direct function of AI(Archftects ability to receive information required to complete the project. The Architect,the Client and the Clients General Contractor will meet to establish the final building schedule. ALEX123 KNimH-rARCHITMOTS 100 NE P Shot Suits 102 Boynton Beach,FL 33435 5613749242 9kn' ht&karchhdsInc.00m Page 160 of 473 Architectural iAgreement Attachment : Professional Fees October 1 ,2019 PHASE II: Pmfessional Services for: Repairs and Alternation Oyer Boat Club Park 2010 N. Federal Highway Boynton , FL 33435 AKA . 19.0034 The II Services shall be providedour firm and will be made on the basis of a lump sum fee as shown below,ggluding ggpenM flor printing costs,permit and application fees. • Grant(FIND)Application Services1 , • Environmental Permitting Services1, • Construction Documentation ° $27,806.00 • Bidding Aaaftnoi $11,484.00 Total $77,745.00 The additional services defined in this proposal will be provided on an hourly basis. A Not To Exceed fee, excluding °ll be negodaW for each additional task. ALaxis KNIGHTAP&MIUMMS 10NE Oh$1reet,Sub 102 Boynton Beaoh,FL 33435 561374 9242 skntM@akerchbctWnc.com Page 161 of 473 Architectural Service Agreement Attachment C. Standard Hourly Rates October 15, 2019 PHASE ll: Professional Services for: Repairs and Alternation to Oyer Boat Club Park 2010 N. Federal Highway Boynton Beach, FIL 33435 AKA No. 19.0034 ALEX19 KNmi—ITARCHITECTS , INC Standard Hourly Rates Effective January 2019 Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ----—--------—.111111................ ALEXIS KNIGHTAncHrrErrm 100 NE 8h Shut Sub 102 Boynton Beach,FL 33436 5613749242 sknht@akamhltacM!nc.com 10 Page 162 of 473 I o;o LLo CLO LL W 9C aG LL B9 c6 IC W _ as 5rL 0 wE m O0 o Iei __ .,.., �g om 0 v'�.g`o�o LL y 0 a $I$ 00,0 Ea © �p p � E '�jo:o ® 00 � Liz • �3 i� Cl �C1 cd[cd C7 t6. ' F'O 20 m 0 $Iio 0 " =d Cisovo 07€ r:C'V �. P...,..JN SEC IC3 81 u' $ o00 ® � 0'00.0 old 0!07 ! jd N�� d!S CsN FN9 $ Q $ ! a ad �pyy}`a o oho°o n ai j wC4 'i ( q�'d 17. ItP Net+7 iV•r°..M Ili iLL No N.C61 N.�0;�N ( �L. �#�(N�� '�LAM IC � 7 j C! F, $ o Os I I r o, ( m tY a+i�si�ed,�: o a � � es o N a ui' _i Ie r�®r r OF 9 � II I [ c i I r ® , co F 'C leLO 4' C m �32 co x — €7 rfl F- �� a 8 i Page 163 of 473 Coversheet Pagel of 2 B.F. CONSENT AGENDA m 8/7/2018 CITY OF BOYNTON BEACH fAGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 51712018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R18-103-Authorize the City Manager to sign mulliple agreements as a result of RFQ No.:046-2821-17/TP for General Consulting Services for five(5)Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement:two(2)years from execution of agreements with three(3)additional one(1)year renewal periods. Explanation of Request: On March 6,2018,the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from the responses received from RFQ No.:046-2821-17rrP for General Consulting Services,who authorized staff to conduct negotiations with the firms as follows: — rrrt 5C0PE CATEGRY A Wa dlficadons it and -on�v,�taabn Carollo En sneers Inc. CH2_101Hill Engineers Inc. Globattech Inc. t0.�m® E CATEGORY Infrastru n a d Carollo En sneerInc._ Arcadis U.S.,Inc. AECOM Technical Services,Inc. CDM Smith, Inc. ^ Cr(1PE CATEGORY C E An n Servie .. Carollo Englineers,lnc CDM Smith,Inc. 6 Globaltech,Inc.. $COPE CA i E_GORY R s0grboon Services Kimley-Dorn and Associates,Inc. aaa Calvin,Giordano&Assoc., Inc. Mathews Consulting J PE CATEGORY E rchite ndsca e s' rvices Gentile Glas Ho II®wa0'Mahone &Assoc Inc. Alexis Knight Architeqt§s,Inc., West Architecture+Design, LLC The RFQ was advertised and submittals were opened on September 26,2017. The City received sixty-five(65)proposals whereby the top ranked proposers per scope(2 or 3,depending upon scope)were submitted to City Commission on March 6,2018 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055,Consultants'Competitive Negotiation Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions with all the firms were deemed unnecessary.Only firms that showed significantly higher rates were contacted for discussions.Comparisons were done on the basis of averages among all three(3)or four(4)firms for Scope Categories D and E only.On July 2 and July 19,2018,the Purchasing Manager and the City Engineer conducted negotiations with the firms.As a result,the Schedule of Professional Fees as attached will be fixed and firm for at least the initial two(2)year period. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. MOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? https://boyntonbeach.novusagenda.corn/AgendaPublic/CoverSheet.aspx?ItemID=4382& ...P19f3/lAiel 473 Coversheet Page 2 of 2 This agreement will provide for the issuance of task orders in connection with projects for on-going capital improvements to enhance City-wide operations. Individual task orders in excess of$25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. B FISCAL IMPACT: Budgeted The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re-issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION. Is this a grant? No Grant Amount: ATTACHMENTS: Type Description a Resolution Resolution approving General Consulting Services Agreements n Agreement AGREEMENT-2GHO 6 Agreement AGREEMENT-AECOM o Agreement AGREEMENT-ALEXIS KNIGHT a Agreement AGREEMENT-ARCADIS ® fL2mentAGREEMENT-CALVIN,GIORDANO&ASSOC. ® Agregment AGREEMENT-CAROLLO 7 Agreement AGREEMENT-CDM SMITH t5Aqreement AGREEMENT-CH2M HILL B A rem-,.ament AGREEMENT-GLOBALTECH ® Agreement ATTACHMENT-KIMLEY-HORN rS Aareeme_n_t ATTACHMENT-MATHEWS CONSULTING 6 Agreement AGREEMENT-WEST ARCHITECTURE https:/iboyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4382&M..Pai_2i3lBB&f 473 Greco-Arencibia, Adrianna From: Javier,Andrea Sent: Thursday,June 27, 2019 11:19 A : Greco-Arencibia,Adrianna Cc: Miller, Keyla Subject: RE:C01 &W9 Request Attachments: Certificate.pdf The attached meets City requirements. Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 561-742-6044 JavierA@bbfl.us f boynton-beach.org/ r Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Greco-Arencibia,Adrianna Sent:Thursday,June 27, 2019 11:04 A To:Certificate of Insurance<COi@bbfl.us>;Javier,Andrea <JavierA@bbfl.us>; Miller, Keyla<MIIIerK@bbfl.us> Subject: FW:COI&W9 Request Good morning, Could you please review the attached COI to make sure they meet City requirements,thank you. Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 f Boynton Beach, Florida 33425 Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl.us f boynton-beach.org/ i Page 166 of 473 Please he advised That Florida has a broad public records law and all correspondence to me via email maybe subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may besubject topublic disclosure, From:Steve< > Sent*Thursday,June 27,20191O:57AKA To:Gneco'Anencibia,Adr|anna< Cc: Ramsey, Kevin< > Subject: RE: COI &VV9Request Adr|anna See attached....... From- GnaCo-ApeUcib|a, AdManna Sent: Thursday, June 27, 2D19 7:27 AM To: Steve Cc: Ramsey, Kevin Subject: COI &W9 Request Importance: High Good morning, We are in the process of requesting a purchase order for your company and need a copy of your COI &W9 in order to proceed. Under the terms and conditions of all contracts, leases,and agreements, the City requires insurance coverage listing the City of Boynton Beach as additional insured. Please provide a copy of your certificate of insurance(COI), listing our City as certificate holder and as additional insured,as proof of General Liability,Auto Liability,and Worker's Compensation Liability(or exemption) insurance for the proposed work at the City. Please see the attached Insurance Advisory Form/Sample COL � Please call or email Andrea Javier at 561-742-6044 or if you have any questions orneed further clarification. City nfBoynton Beach 33O1Quantum Blvd Boynton Beach, FL 33435 \ have attached acopy ufthe Col you supplied that expired last year. |,also have attached our standard insurance advisory form for you with instructions&ablank 2O18VV9form above. The COI must have the City of Boynton Beach as additional insured &worker's compensation listed. In the "Commercial General Liability" the Addl Insd column has to be marked with an "X". The Worker's Comp must bemarked esadditional orshow exempt. Also,inthe°Bescri��nm��ra�onn/Locations/Vehlc|as°secdon, �mmuatma��"The City wfBoynton Beach,it's ' included additionall mm��h��ne��lna� ��wwrM��montr�u�" ��ars,�nop��e��mt��nea� n�u . |fyou should have any questions, please let meknow. Thank you Z Page 167Of473 Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 ' 561-742-6211 Greco-ArencibiaA@bbfl.us boynton-beach.org/ J'W I C11" Do Please be advised timt norida has a broad public records law and all correspondence to me via ernail may be subject to disclosure,Linder Florida records law, email addresses are public records,Therefore, your e-mail comMUnication and your e-n-iad address may be subject to public diSCIOSUre, 3 Page 168 of 473 A4CC>RE0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMAID YY) 012712019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE TIFI ATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE (S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I C�ORTANT; If the cert) to holder is an ADDITIONAL INSURED,they{i olic es)must a endoraeW if SE1 ROGATION E WAIVED, u je t to P the terms and on l Ions of fhe policy®ce an policies fnay require an endorsement. A statement on this certificate ds not confer rights to the oe °i to holder in IIeIJ r�f�ach erld�r��11>�ri,t.(sy.. �RoaucER Keyes s Coverage insurance RE,.,. Natalia M.Fraser ."". . _ 0900 Hiatus Road PHONEAS& r a �I 954-724-70 0 (AX Tamarac FL 33321 E, ry I .� I:954 72 7024 ,Nggirsss; nfra er@4eyes.....veragecorn ... lasa� sds! Fo81� _COVE E.,. _ Nc# ... INSUsea INSURER A:Hartford Casa ry Insurance CD 29424 Alexis Knight Architects, Inc. & 12012 INSURER a.Twin Ci(#Firs InsuranceCo # Alexis Knight Architects, LLC INSURER C. 100 N3 E.0th Street Shite °102 �INSI7RE�D Boyrtton each FL 33435 INSURER E: _e IrssuRER 1; COBE GES CTIFECATE Nt1 R:3G�179947 TEAS IS TC CERTPF� T T TEiE p87LICIEs CSF INStI f�CE LI5 D REVISION NUMBER- LOW HAVE BEEN 15 UEC-TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIIIVOICATEI3. NO THSTANL]I�I ANY REC]tJllEhtEI�T, TERM t)R CCFNOITIC)N OF ANY CONTRACT OR C�TiILR DOCUMENT VirlTFi RESPECT TO WNiCIi THIS EXCLUSIONS SAY O ISSUES OR f�IAY E AlN, THE 11 SU NCE AFFORDED BY TETE POLICIES DESCFIBER HEREIN IS SUBJECT TO ALL TETE TERMS. EXCLUSIONS"Ah1O CONDITIONS OF SUCH FLL LILIES LIMI SHOWN MAY HAVE BEEN DEDUCED BY PAID CLAIMS, ADDL; l1R.,...._ ........ _........ .. ._. LTRTYPE iP er`N`;,'s P ICY .._.._ .,.,..... , ,..„ INSU NCE .� "<C.a I�04lCY NUM1II ER.. ..mow M GrYh "� � h9IDD 9 A 'CONYA4ERCIAL a', L L" rLI ' Y Y 21 See ZI5734 Q � I gP2CP2318 92L2019 �AcHOCCURRENCE ,�t,asa.,c �s- DE OCCUR ® . E . ..... To � o e FR S;S t o an% MEF1 ESP(Argy, one person) '$10,OW _ I l RSONAL s v INJURY GEN'L AGGREGATE LIMIT APP LIES PER: .... ��PRO- GENE AGGREGATE $2DD, PpL3fiY I-' f JLCT LOC . PRODUCTS COhfiP(C3Pa� G $2,DDO,CX7CS ......... ........"_ ....... . OTHER: - s§ AUTOMOBILE LdADdL ��,..... � ,.Y 21 SBM 215734 9rM.,., xrv�, FL'Ot2018 512012015 ,CdINED SffVGN LE UNIT ANY AUTO '.ALL O NED GCIiECBL3LED BODILY INJURY(Par person) i$ AUTOS -. AUTOSDILY VNJURY{Par accident} $ HIREDAUTOS ' NON-OWN D ..........._ _. ... i ..-.. AUTOS PROPERTY GAk1AGE ... .. _- rcict�ral, . A UMBRELLALIAB _ 21 SEMI 215734 ,._. OCCUR 9120/2018 9OW2019 ECCESSLIAR E4Clit�CCJRI2ENCE $2,CD0,000 CLAIMS_ C3E........ ;AGGREGATE .�. - $2,600,Ch7D DELI RETENTION$ :.-� 13 Wt)R4CERSCOPENSATdON '21' CZT058& 12f3f2Dtrs 12r3F2019 �, ,PER {JTFi-' " ANDE L}LOYERS LIABILITY YtN. 51ag71,JTI� .. ,. ANY PROPRIETORIPA.RTNERIEXECUTiV€ ..... --... . OFFICERINIEMBEREXCLUDED? NIA,i E.L.".,.CHACCIDE $167(3, '.Land in NH) ,,, If yes,desedbe under ( " E.L.DISEASE-EA EMPLOYEL, $1=,000 ...... . .. DESCRIPTION OF OPE TfLFPWS .. ..,.... E.L DdSEASE aLILY LIR�IT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD CH.Additional Remarks Schedule may be attached If more space Is required) � ---- RE: The City of Boynton Beach,it's officers,employees and agents are included as additional insured where required by written contract. s CERTIFICATE HOLDER CANCELLATION 30 Da Idofice 110 pa °s NonPa FAUTHORIZED ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Boynton Beach ANCE WITH THE POLICY PROVISIONS. I 100 East Boynton Beach Boulevard Boynton Beach FL 33435 REPRESENTATIVE _ ©1988-2014 ACORD CORPORATION. Ali rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 169 of 473 ACCOREN CERTIFICATE OF LIABILITY INSURANCE DATE Im"""Y" THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HO 0612712019 LDER.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 ff SUBROGATION IS WAIVED,subjectons ADDITIONAL INSURED provisions or be endorsed this certificate does not confer rights require an endorsement A statement on such endorsements. PRODUCER MEDALLION INSURANCE SERVICES PHONE �7gq)256 6000 FAX 8145 Ardrey Kell Rd Pj�� (704)256 6001 _===L ,N Suite 203 ADDRESS PhyJlls@medallioninsurance.com .............. CharlotteO S1.11�Elj(S)AFFR NAIC 0 AFFORDING ...................... NC 28277 Liberty Insurance Underwriters 19917 INSURED ....... IIETURER A:,-,--'— INSURER 6 Alexis Knight Architects,Inc. ......... 100 NE 6th St Ste 10 11 INSURER 0: Boynton Beach FL 33435 J.)INSYRER E: . "°... ...... INSURER F: COVERAGES CERTIFICATE NUMBER: CL17P 1 2004460 THIS S CERTIFY THAT REVISION NUMBER: INDICIKTTEOD. NOTWITTED BELOW HAVE BEEN ISSUED TOHSTANDING INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY HER DOCUMENT WITH RESPECT TO WHICH THIS HOR CONOITION DF ANY H EXCLUSIONS �N N AND COSURANCE AFFORDED BY THE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, TS SHOWN MAY HAVE SEEN REDUCED 8Y ID CLAIMS. E TR TYPE OF rF T—p75Ljd1fj"%P COMMS GENERALPOLICY f,,MMIDDNYY,V ...............L'I'MITS EACH OCCURRENCE CLAIMS-MADE F F OCCUR PREMISE .. ....... MED EXP L A:, PERSONAL&ADV INJURY GENIAGGREGATE LIMITAPPLIES PER: j POLICY ED P'O_ P�NERAL A139.R _TE JECT 0 LOC [PROD CTS-COMP/OPAGG _j'OTHER: .......... 4 4- 4— AUTOMOBILE LIABILITY 7 —[dOM9_1N_EDSINdLr="EiI... ............. ....... ANY AUTO ....... SCHEDULED INJURY Per ONLY A "A 'OWNED UTI AL NUOTNOOSWOED H ETEC0.5 BODILY INJURY(Per accident $ AUTOS ONLY I- __ AUTOS ONLY PNOPdffV_D_AM�_dt -_ Per ami , $ UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE A WORHERS COMPENSATION ------ j�,.Y,E,EM.1P,0,YERS'LIABILITl YIN !PER OTK- 'I.......... ERI LSTATL;TE,j TOR/PARTNERIEXECLIIVE 1 OFFICEREMEMBER EXCLUDED? IEEIIA� (Mandatory In NH) E,L EACHACCIDI�,�:T�:� If Yes.describe under E.L.DISEASE-EA EMPLOYEE- $ ED SCRIPTION [,— 1--l —M-4------ OF9PE OPERATIONS T L j.. .... EJ.-DISEASE-POLICYIT $ Professional Liability Each Claim L 1,000,000 A AEXNYA016A000I 09/2012017 09120/2019 Aggregate $1,000,000 DESCRIPTION 1� PT -— )Ei8kiP�nom OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101,AddWonal Remarks Schedule,may be attached If more SPaC e IS rOQuired) i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. Boynton act, 100 E Boynton Beach Blvd U ", REP S T AUTHORIZWED REPRESENTATIVE Boynton Beach FL 44435T 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 170 of 473 Give,Form t the Fcarrva (Rev.October 201 ) 1 Identificationrequester. not Department of the Treasury send to the IRS. Internal Revenue Service -Go to viedirwirsgov/FarspiM for instructions and the latest information. I Name(as shown on your income tax return),Marne Is required on this line;do not leave this lime blank. Steven W. Knight business name/disregarded entity name,H different from above Alexis Kni ljt Architect Int 3 Check appropriate box for federal t classification of the person whose name is entered on litre 1.Check only one of the 4 Fx ptlons(codes apply only to following severs boxes. certain entities,not individuals;see instructions on page 3): � ❑ Individual/sole proprietor or ❑ C Corporation ® 3 Corporation ❑ Partnership ❑ Trust/estate 60 single-member LLC Exempt payee code(if any) at C0. 0 ' ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership}► _ -- Note:Check the appropriate box its the line above for the tax classification of the single-mtaernber owner. Do not check Exemption from FRTCA reporting V LLC 0 the LLC Is classified as a single=mernberr LLC that is disregarded from the owner unless the owner of the LLC is code(itany) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that —.,. is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other(see instructions) _ -_.... ..opole to accwne Mwatmed ra Wd9 the U.S.) ..._, _. ...........:..w - ......:. .. Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) ca) 100 NE 6th Street_ ite 102 5 City,state,and Zip code Boynton Beach; FL 33435 7 List account nurrmbet(s)here(optional} _ ridentification a er IaI runt � o, r Enter your TIM1!in the appropriate box.The TIN provided must match the name given cmr9 line 1 to avoid — backup withrldding.For individuals,this is generally your social security number(SSBI),However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for part I,later,For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get e TIN, later. or Nate.If the account is in more than one name,see the instructions for litre 1.also see ghat,Macrae arab Employer 1 entafmoatmon number Number To Give the Requester for guidelines on whose number to enter. F9 t i3 5 , 3 � p e ii #int _ Under penalties of perjury,I certify that: , 1,The number shown on this form is my correct taxpayer identification number(ear I am waiting for a number to be Issued to ire);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified byline Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(o)the IRS has notified nee that I am no longer subject to backup withholding;and C.1 arra a U.S.citizen or other U.S.person(defined below);and rt.The FATCA code(s)entered can this form(if any)Indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have tailed to report all interest and dividends on your tax return.For real estate transactions,item 2 daces,not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not rT,:rdira t;ign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. ___:::: SignI Signature of a ' 2019 Here U.S.person►� Date 10l e e Form 1099-DIV(dividends,including those from stocks or mutual General Instructions funds) Section references are to the Internal Revenue I_ unless otherwise a Forma 1099-PMSG(various types of income,prizes,awards,or grows nested. proceeds) Future developments.For the latest information about developments o Form 1099-R(stock or mutual fund sales and certain other related to Forma W-9 and its instructions,such as legislations enacted transactions by breakers) after they were published,go to vvww1rs,gov1FeronW9. •Pcmrtrr 1099-S(proceeds from real estate transactions) PurposeC e Form 1099-K(merchant card and third party network transactions) An individual or entity(Farm W-9 requester)who is required to file an •Form 1095(horse remortgage interest), 10195-E(student loan interest), information return with the IRS mast obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number -Form 1099- (canceled debt) (SSS),individual taxpayer Identification number(Mid),adoption o Foam 10199-,A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIld),to report on an information return the amount paid to you,or other Use Forma -9 only if you are a U.S.persona(including a resident Dunt reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. ftyou do not return Form W-9 to the requester with a TIN,you might *Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat klo.10231X Form - (Rev.10-2018) Page 171 of 473 Form W-9(Rev.10-2018) Page 2 By signing the filled-out form,you: Example.Article 20 of the U.S.-China income tax treaty allows an 1.Certify that the TIN you are giving is correct(or you are waiting for a exemption from tax for scholarship income received by a Chinese number to be issued), student temporarily present in the United States.Under U.S.law,this 2.Certify that you are not subject to backup withholding,or student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.However,paragraph 2 of 3.Claim exemption from backup withholding if you are a U.S.exempt the first Protocol to the U.S.-China treaty(dated April 30,1984)allows payee.If applicable,you are also certifying that as a U.S.person,your the provisions of Article 20 to continue to apply even after the Chinese allocable share of any partnership income from a U.S.trade or business student becomes a resident alien of the United States.A Chinese is not subject to the withholding tax on foreign partners'share of student who qualifies for this exception(under paragraph 2 of the first effectively connected income,and protocol)and is relying on this exception to claim an exemption from tax 4.Certify that FATCA code(s)entered on this form(if any)indicating on his or her scholarship or fellowship income would attach to Form that you are exempt from the FATCA reporting,is correct.See What is W-9 a statement that includes the information described above to FATCA reporting, later,for further information. support that exemption. Note:If you are a U.S.person and a requester gives you a form other If you are a nonresident alien or a foreign entity,give the requester the than Form W-9 to request your TIN,you must use the requester's form if appropriate completed Form W-8 or Form 8233. K is substantially similar to this Form W-9. Backup Withholding Definition of a U.S.person.For federal tax purposes,you are considered a U.S.person if you are: What is backup withholding?Persons making certain payments to you •An individual who is a U.S.citizen or U.S.resident alien; must under certain conditions withhold and pay to the IRS 24%of such payments.This is called"backup withholding." Payments that may be •A partnership,corporation,company,or association created or subject to backup withholding include interest,tax-exempt interest, organized in the United States or under the laws of the United States; dividends,broker and barter exchange transactions,rents,royalties, •An estate(other than a foreign estate);or nonemployee pay,payments made in settlement of payment card and •A domestic trust(as defined in Regulations section 301.7701-7). third party network transactions,and certain payments from fishing boat operators.Heal estate transactions are not subject to backup Special rules for partnerships.Partnerships that conduct a trade or withholding. business in the United States are generally required to pay a withholding You will not be subject to backup withholding on payments you tax under section 1446 on any foreign partners'share of effectively receive if you give the requester your correct TIN,make the proper connected taxable income from such business.Further,in certain cases certifications,and report all your taxable interest and dividends on your where a Form W-9 has not been received,the rules under section 1446 tax return. require a partnership to presume that a partner is a foreign person,and pay the section 1446 withholding tax.Therefore,if you are a U.S.person Payments you receive will be subject to backup withholding if: that is a partner in a partnership conducting a trade or business in the 1.You do not furnish your TIN to the requester, United States,provide Form W-9 to the partnership to establish your 2.You do not certify your TIN when required(see the instructions for U.S.status and avoid section 1446 withholding on your share of P partnership income. art lE for details), In the cases below,the following person must give Form W-9 to the 3.The IRS tells the requester that you furnished an incorrect TIN, partnership for purposes of establishing its U.S.status and avoiding 4.The IRS tells you that you are subject to backup withholding withholding on its allocable share of net income from the partnership because you did not report all your interest and dividends on your tax conducting a trade or business in the United States. return(for reportable interest and dividends only),or •In the case of a disregarded entity with a U.S.owner,the U.S.owner 5.You do not certify to the requester that you are not subject to If the disregarded entity and not the entity; backup withholding under 4 above(for reportable interest and dividend •In the case of a grantor trust with a U.S.grantor or other U.S.owner, accounts opened after 1983 only). generally,the U.S.grantor or other U.S.owner of the grantor trust and Certain payees and payments are exempt from backup withholding. not the trust;and See Exempt payee code,later,and the separate Instructions for the •In the case of a U.S.trust(other than a grantor trust),the U.S.trust Requester of Form W-9 for more information, (other than a grantor trust)and not the beneficiaries of the trust. Also see Special rules for partnerships,earlier. Foreign person,If you are a foreign person or the U.S.branch of a What 115 FATCA Reporting? foreign bank that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see The Foreign Account Tax Compliance Act(FATCA)requires a Pub.515,Withholding of Tax on Nonresident Aliens and Foreign participating foreign financial institution to report all United States Entities), account holders that are specified United States persons.Certain Nonresident alien who becomes a resident alien.Generally,only a payees are exempt from FATCA reporting.See Exemption from FATCA nonresident alien individual may use the terms of a tax treaty to reduce reporting code, later,and the Instructions for the Requester of Form or eliminate U.S.tax on certain types of income.However,most tax W-9 for more information. treaties contain a provision known as a"saving clause."Exceptions Updating Your Information specified in the saving clause may permit an exemption from tax to p g continue for certain types of income even after the payee has otherwise You must provide updated information to any person to whom you become a U.S.resident alien for tax purposes. claimed to be an exempt payee if you are no longer an exempt payee If you are a U.S.resident alien who is relying on an exception and anticipate receiving reportable payments in the future from this contained in the saving clause of a tax treaty to claim an exemption person.For example,you may need to provide updated information if from U.S.tax on certain types of income,you must attach a statement you are a C corporation that elects to be an S corporation,or if you no to Form W-9 that specifies the following five items. longer are tax exempt.In addition,you must furnish a new Form W-9 if 1.The treaty country.Generally,this must be the same treaty under the name or TIN changes for the account;for example,if the grantor of a which you claimed exemption from tax as a nonresident alien. grantor trust dies. 2.The treaty article addressing the income. Penalties 3.The article number(or location)in the tax treaty that contains the saving clause and its exceptions. Failure to furnish TIN.If you fail to furnish your correct TIN to a 4.The type and amount of income that qualifies for the exemption requester,you are subject to a penalty of$50 for each such failure from tax, unless your failure is due to reasonable cause and not to willful neglect. 5.Sufficient facts to justify the exemption from tax under the terms of Civil penalty for false information with respect to withholding.If you the treaty article. make a false statement with no reasonable basis that results in no backup withholding,you are subject to a$500 penalty. Page 172 of 473 Farm -9(Rev,10-2018) page Criminal penalty for falsifying information.Willfully falsifying F the entlty7person on lire 1 is THEN check the box for... [ certifications or affirmations may subject you to criminal penalties (n} including fines acrd/or imprisonment. __uu .._.. �.. ®_........ Misuse of TINS.If the requester discloses or uses Tilde in violation of 9 Corporation Corporation federal law,the requester may be subject to civil and criminal penalties. i Individual Individual/sole proprietor or single- * Sole proprietorship,or member LLC Specific Instructionsjie Single-member limited liability Flt 1 company(LLC)owned by an Individual and disregarded for U.S. You must enter one of the following on this line;do not leave this line federal tax purposes. blank.The nage should match the name on your tax return. r* LLG treated as a partnership for I Limited liability company and errterj If this Form W-9 is for a joint account(other than an account U.S.federal tax purposes; the appropriate tax classification. i maintained by a foreign financial institution ff l)),list first,and then & LLC that has filed Fo X332 oar �(P=Partnership;C=C corporation: circle,the name of the person or entity whose number you entered in 2553 to be taxed as a corporation, ` or S=S corporation) Part I of Form W- .If you are providing Fos W-9 to an FFl to document or a joint account,each holder of the account that is a U.S.person mast . LLC that is disregarded as an provide a Form W-9. entity separate from its owner but a. tndivi raaL Generally,enter the name shown on your tax return.If the owner is another LLC that is you have changed your last name without informing the Social Security not disregarded for U.S.federal tax Administration(SSA)of the name change,enter your first name,the last purposes. name as shown on your social security card,and your new last name. ......... Note:/Tits applicant,Enter your individual name as it was entered on Partnership partnership your Form W-7 application,line 1 a.This should also be the.same as the Trust/estate Trust/estate name you entered can the Farm 1040/104OAll 040EZ you filed with your application. Line 4,Exemptions b. Sole proprietor or single-mernber LLC.Enter your individual If you are exempt from backup withholding and/or FATCA reporting, name as shown on your 1040/104OA/1 040EZ on fine 1.You may enter enter in the appropriate space on Ilne 4 any codes)that may apply to your business,trade,or®doing business as"(DBA)name on line 2, you. o. Partnership,LLC that is not a single-member LLC,C Exempt payee code. corporation,or S corporation.Enter the entity's name as shown on the * Generally,individuals(including sole proprietors)aro:not exempt from entity's tax return on line°I and any business,trade,or f013A name on backup withholding. line 2. * Except as provided below,corporations are exempt from backup d. Other entities.Enter your name as shown on required U.S.federal withholding for certain payments,including interest and dividends. tax documents on line 1.This name should match the name shown on the - Corporations are not exempt from backup withholding for payments charter or other legal document creating the entity.,You may enter any made in settlement of payment card or third party network transactions, business,trade,or DBA name on line 2, * Corporations are not exempt from backup withholding with respect to e. Disregarded entity.For U.S.federal tax purposes,an entity that is attorneys'fees or gross proceeds paid to attorneys,and corporations disregarded as an entity separate from its owner is treated as a that provide medical or health care services are not exempt with respect "disregarded entity." See Regulations section 301.7701-2(c)( )(N).Enter to payments reportable on Form 1999-MISC, the owner's name on fine 1.The name of the entity entered on line 1 should never be a disregarded entity.The name on line 1 should be the The following codes identify payees that are exempt from backup name shown on the income tax return on which the income should be withholding,Enter the appropriate code in the space in line 4. reported,For example,if a foreign LLC that is treated as a disregarded 1--An organization exempt from tax under section 501(a),any RA,or entity for U.S.federal tax purposes has a single owner that is a U.S. a custodial account under section 403(b)(7)if the account satisfies the person,the U.S.owner's name is required to be provided on line 1.If requirements of section 401(f)(2) the direct owner of the entity is also a disregarded entity„enter the first 2—The United States or any of its agencies or instrumentalities owner that is not disregarded for federal tax purposes.Enter the 3— state,the District of Columbia,a U.S.commonwealth or disregarded entity's name on line 2,"Business narrre/disregarded entity name."If the owner of the disregarded entity is a foreign person,the possession,or any of their political subdivisions or instrumentalities owner must complete an appropriate Fri W-3 instead of a Forms -9. 4—A foreign government or any of its political subdivisions,agencies, This is the c=ase even if the foreign person has a U.S.TIN. or instrumentalities Erle 2 5—A corporation If you have a business name,trade name,CEA name,or disregarded 6—A dealer in securidies or commodities required to register in the entity name,you may enter it on line 2. United States,the District of Columbia,or a U.S.commonwealth or possession Line 3 7-•A futures commission merchant registered with the Commodity Check the appropriate box on line 3 for the U.S.federal taco Features Trading Commission classification of the person whose name is entered can line 1.Check only B—A real estate investment trust one box on lime 3, 9--An entity registered at all theses during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank sander section 34(a) 11—A financial institution 1 —A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Page 173 of 473 Form w-9(Rev.10=2018) Page The following chart shows types of payments that may be exempt M—A tax exempt trust gander a section 403(b)plan or section 457(g) from backup withholding.The chart applies to the exempt payees listed plan above,1 through 13,vv Note:You may wish to consult with the financial institution requesting IF the payrrrent is for... THi N the payment is exempt this formto determine whether the FATCA code and/or exempt payee for.., code should be completed. Interest and dividend payments All exempt payees except Line for 7 Enter your address(number,street,and apartment or suite number). Broker transactions Exempt payees 1 through 4 and 6 This is where the requester of this Forms W-9 will mail your information through 11 and all C corporations. returns.If this address differs from the one the requester already has on corporations roust not enter an file,write NEW at the top.If a new address is provided,there is still a exempt payee code because they chance the€ld address will be used until the payor changes your are exempt only for sales of address in their records. noncovered securities acquired Line prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 Enter your city,state,and ZIP code, patronage dividends Part 1. Taxpayer Identification Number Payments over$600 required to be Generally,exempt payees — Enter your TIPS in the appropriate box.If you are a resident alien and reported and direct sales over 1 through 5� you do not have and are not eligible to get an SSN,your TIN is your IRS $5,000' individual taxpayer identification number(ITIN).Enter it in the social security number box.If you do not have an ITIN,see How to get a TIN Payments made in settlement of Exempt payees f through 4 below. payment card or third party network If you are a scale proprietor and you have an BIN,you may enter either transactions your SSN or Eft 1 See Form 1099-MI C,Miscellaneous Income,and its instructions. If you are a single-mserraber LLC that is disregarded as an entity separate from its owner,enter the owner's SSN(or El N,if the owner has However,the followinc payments made to a corporation and one),Do not enter the disregarded entity's El N.If the LLC is classified as reportable on Form 1 Q99- I C are not exempt frorn backup a corporation or partnership,enter the entity's EIN, withholding medical and health care payments,attorneys'fees,gross he Give e and lumbar To dNote-See What gameRequester,later,fuer proceeds paid to an attorney reportable under section 6045(f),and further clarification m name and TIN combinations. tioans. payments for services paid by a federal executive agency. Exemption from FATCA reporting code.The following codes identify Flow to get a TIM If you do not have a TIN,apply for one immediately. payees that are exempt from reporting under FATCA,These codes 1"o apply for ars SSN,get Form SS-5,Application for a Social Security apply to persons submitting this form for accounts maintained outside Card,from your local SSA office or eget this form online at of the united States by certain foreign financial institutions.Thherefore,if www,SSA.gov.You may also get this form by calling 1-80D-772-1213. you are only submitting this form for an account you hold in the United Use Form W-7,Application for IRS Individual Taxpayer Identification States,you may leave this field blank.Consult with the person Number,to apply for an MN,or Form SS-4,Application for Employer requesting this forna if you are uncertain if the financial institution is Identification Number,to apply for an BIN.You can apply for an EIN subject to these requirements.A requester may indicate that a code is online by accessing the IRS website at wiener irs.gowBusiraesses and not required by providing you with a Form -9 with"Not Applicable"(or clicking on Employer Identification Number(BIN)under Starting a any similar indication)written or printed on the line for a FATCA Business.Cao to w .irs.gov/Forms to view,download,or print Form exemption code. W-7 and/or Form SS-4. Cr,you can go to wwvvJrs.gow0rdeeForms to place an order and have Form W-7 and/or SS-4 mailed to you with ri 10 A—Ara organization exempt from tax render section 501(a)or any business days, individual retirement plan as defined in section 7701(x)(37) If you are asked to cormpiete Form W-9 but dos not have a TIN,apply —The United States or any of its agencies or instrumentalities for a TIN and write"Applied Fear"in the space for the TIN,sign and date C—,A state,the District of Columbia,a U.S.commonwealth or the form,and give it to the requester.For interest and dividend possession,or any of their political subdivisions or instrumentalities payments,and certain payments made with respect to readily tradable D—A corporation the stock of which is regularly traded on one or instruments,generally you will have 60 days to get a TIN and give it to more established securities markets,as described in Regulations the requester before you are subject to backup withholding on section 1.1 7 -1(c)(1)(i) payments.The 60-day rule does not apply to other types of payments. B—A corporation that Is a member of the same expanded affiliated you will be subject to backup withholding on all such payments until P p you provide your TIN to the requester. group as a corporation described in Regulations section 1.1472-1(c)(1)(i) Note;Entering"Applied For`means that you have already applied for a F—A dealer in securities,commodities,or derivative financial TIN or that you Intend to apply for one soon. instruments(including notional principal contracts,futures,forwards, and options)that is registered as such under the laws of the United Caution:A disregarded U.S.entity that has a foreign owner must use States or any state the appropriate Form -6, C—A real estate investment trust Part IL Certification H—A regulated investment company as defined in section 651 or an To establish to the withholding agent that you are a U.S.person,or entity registered at all times during the tax year under the Investment resident alien,sign Form Lid-9.You may be requested to sign by the Company Act of 1940 withholding agent even if item 1,4,or 5 below indicates otherwise, I--A common trust fund as defined in section 534(a) For a joint account,only the person whose TIN is shown in Fart I J—A bank as defined in section 561 should sign(where required).In the case of a disregarded entity,the It—A breaker person identified on line 1 must sign.Exempt payees,see Exempt payee L—A trust exempt frorn tax under section 664 or described in section code,earlier. 4947(a)(1) Signature requirements.Cormplete the certification as indicated in items 1 through 5 below. Page 174 of 473 Form W-9(Rev,10=2018) Page I.Interest,dividend,and barter exchange accounts opened y � .a . b 1 and broker accounts consideredactive during 1 Far this of cunt: dive name and 1 tit You must give your correct TIN,but you do not have to sign the 1�.Accicult re in the name of tot The public ant certification. Agriculture in the Warne tat a public entity(such as a state or local .Interest,dividend,broker,and barter exchange accounts government,school district,or opened after 1983 and broker accounts considered inactive during prison)that receives agricultural 1983.You must sign the certification or backup withholding will apply.If program payments you are subject to backup withholding and you are merely providing your correct TIN to the requester,you must cross out iters 2 in the 15.Grantor trust tiling under the Farr The trust certification before signing the form. 1041 Filing Method or the Optional .Real estate transactions.You must sign the certification.You may Fenn 1099 Filing Method 2(see cross out item 2 of the certification. Regulations section 1.671.4(b)(2)(r)(13)) .other payments.You must give your correct TIN,but you do not List first and circle the name of the person whose number you furnish. have to sign the certification unless you have been notified that you If only one person on a joint account has ars SSN,that person's number have previously given an incorrect TIN. 'Other payments"include must be furnished. payments made in the course of the requester's trade or business for 2 circle the minor's name and furnish the rninores SEN. rents,royalties,goods(other than bills for merchandise),medical and health care services(including payments to corporations),payments to "You must show your individual name and you may also enter your a nonemployee for services,payments made in settlement of payment business or[?SA name on the`Business name/disregarded entity" card and third party network transactions,payments to certain fishing name line.You may use either your SSN or SIN(if you have one),but the boat crew members and fishermen,and gross proceeds paid to IFAS encourages you to use your SSN. attorneys(including payments to corporations). 4 List first and circle the Brame of the trust,estate,or pension trus#.(Do .Mortgage interest paid by you,acquisition or abandonment of not furnish the TIN of the personal representative or trustee unless the secured property,cancellations of debt,qualified tuition program legal entity Itself is not designated in the account title.)Also see Special payments(under section 529),ABLE accounts(under section 529A), rales forpartnerships,earlier. IRA,Coverdell ESA,Archer MSA or NSA contributions or ole:The grantor also must provide a Form W-9 to trustee of trust. distributions,and pension distributions,You must give your correct Note.If no name is circled when more than one name is listed,the TIN,but you do not have to sign the certification, number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records ridentity For this type of account Give name and SSN of: Identity theft occurs when someone uses your personal information I.Indivldual lire individual such as your name,SSN,or other identifying information,without your 2.Two or macre individuals Ooint The actual owner of the account or,if permission,to commit fraud or ether crimes.An identity thief may use account)other than an account combined funds,the first individual an your SSN to got a job or may file a tax return using your SSN to receive maintained by an FFI the account' a refund. 3.Two or more 0.S.persons Each holder of the account To reduce your risk= (joint account maintained by an Flat) -Protect your SSN, A,custodial account of a minor The rninrar- o Ensure your employer is protecting your SSN,and (Uniform Gift to Minors ) *Be careful when choosing a tax preparer. 5.a.The usual revocable savings trust The grantor-trustee' If your tax records are affected by identity theft and you receive a (grantor is also trustee) notice from the ISS,respond right away to the name and phone number b.So-called trust account that is not The actual towner printed on the IRS notice or letter. a legal or valid trust under state lawn If your tax records are not currently affected by identity theft but you 6.Sole proprietorship or disregarded The owner' think you are at risk due to a lost or stolen purse or wallet,questionable entity owned by an individual credit card activity or credit report,contact the IRS Identity Theft Hotline 7.Grantortrust filing under Optional The grantor' at 1-500-909-4490 or submit Form 14039. Form 1099 Filing Method t(see For more information,see Pub,5027,Identity Theft Information for Regulations section 1.6714(b)(2)(i) Taxpayers. ( ) Victims of identity theft who are experiencing economic harm or a For this type of account Give name and INN of: systemic problem,or are seeking help in resolving tax problems that 8.Disregarded entity not canned by ars The owner � have not been resolved through normal channels,may be eligible for individual Taxpayer Advocate Service(TAS)assistance.You can reach TAS by 9.A valid trust,estate,or pension trust Legal emit y4 calling the TAB toll-free case intake lire at 1-377-777-4778 or TTYMD 1-800-829-4059. 10.Corporation or LLC electing The corporation Protect yourself from suspicious entails or phis ina schemes. corporate status on Form 6832 or Phlshing is the creation and use of email and websites designed to Form 2553 mimic legitimate business ernails and websites.The most common act 11.Association,club,religious, The organization is sending an email to a user falsely claiming to be an established charitable,educational,or other tax= legitimate enterprise in an attempt to scam the user into surrendering exempt organization private information that will be used for identity theft. 1 12.Partnership or mufti-member LLC its The partnership 13.A broker or registered nominee The broker or nominee Page 175 of 473 Form W-9(Rev.10-2018) Page 6 The IRS does not initiate contacts with taxpayers via emails.Also,the Privacy Act Notice IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access Section 6109 of the Internal Revenue Code requires you to provide your information for their credit card,bank,or other financial accounts. correct TIN to persons(including federal agencies)who are required to If you receive an unsolicited email claiming to be from the IRS, file information returns with the IRS to report interest,dividends,or forward this message to phishing@irs.gov.You may also report misuse certain other income paid to you;mortgage interest you paid;the of the IRS name,logo,or other IRS property to the Treasury Inspector debt;or c or abandonment of secured property;the cancellation of General for Tax Administration(TIGTA)at 1-800-366-4484.You can debt;n contributions you made to i IRA,Archer MSA, r to The forward suspicious emails to the Federal Trade Commission at person collecting this farm uses the information o the form to file spam@uce.gov or report them at www.ftc.govlcomplaint.You can informatics returns with the IRS,reporting the above information. contact the FTC at www.ftc.govlidtheft or 877-IDTHEFT(877-438-4338). Routine uses of this information include giving it to the Department of If you have been the victim of identity theft,see www.IdentityTheft.gav Justice for civil and criminal litigation and to cities,states,the District of and Pub.5027. Columbia,and U.S.commonwealths and possessions for use in administering their laws.The information also may be disclosed to other Visit www.irs.govlidentityTheft to learn more about identity theft and countries under a treaty,to federal and state agencies to enforce civil how to reduce your risk. and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism.You must provide your TIN whether or not you are required to file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Page 176 of 473 1RESOLUTION NO.RIS-103 2 3A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,AUTHORIZING THE CITY MANAGER TO 5 SIGN INDIVIDUAL AGREEMENTS ASA RESULT OF 6 RFQ NO. 046-2821-17/TP FOR GENERAL 7 CONSULTING SERVICES FOR FIVE (5) SCOPE 8 CATEGORIES TO BE EXECUTED BASED ON 9 INDIVIDUAL TASK ORDERS IN COMPLIANCE WITH 10 THE PURCHASING POLICIES AND PROCEDURES; 11 AND PROVIDING AN EFFECTIVE DA'Z'E. 12 13, 14 WHEREAS,on March 6,2018,the City Commission approved the list of top ranked 15 proposers identified by the Evaluation Committees from responses received from RFQ No. 16 046-2821-17IrP for General Consulting Services;and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents 19 of the City of Boynton Beach,to approve and authorize the City Manager to sign individual 20 as a result of kFQ No. 046-2821-17/TP for General Consulting Services for five (5)scope 'i 21 categories to be executed based on individual task orders in compliance with the purchasing 22 policies and procedures. 23 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 25 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby approve the following firms as being qualified to provide General Consulting Services 29 and does authorize the City Manager to sign the individual contracts: 30 31 C:w"rs%tsnxioneTV%ppDMaM-omRMWOsOR indamITemporAryimemal Fi�slCantenl.lE5LSA enersl_Cpnsu�ir�Se+vims_(2018) Reso.dot'x Page 177 of 473 SCOP,E_CATEGORY A Water Plant Modificafts.Capacity and m oration Evaluation Carollo En ineers,inc. CH2MHill Engineers,Inc. Globaltech,Inc. SCOPE,CATEGORY B Irrlraa r �u_ MI E ovements and Evaluations Carollo En, ineers,lnc. ro Arcadis U.S., Inc. AECOM Technical.Services Inc. CDM Smith; Inc. SCOPE CATEGORY C Anclliary Studies and , Vices Carollo Engineers,inc. CDM Smith:,Inc. Globaltech Inc.. SCOiEGORY D Yrae o tion Services Kimle -Horn and Associates,Inc. Calvin,Giordano&Assoc.,Inc. Mathews Consulting SCOPE CATEGORY E Architectural and Landscape Desi n Services Gentile Glas Holloway O'Ma-hone°&Assoc. Inc. Alexis Knight Architects,Inc. West Architecture+Desk n LLC 32 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 {Remainder of page intentionally left blank} 37 38 C:WsersLStanzbneTlgpppatalLoc hmaosomwindms§Temporarytnteme9 FiWo,lContenLIE51SATMOEVMGer*raLCon sultlng-5enrl _(2048)0_Reso.docx ) Page 178 of 473 39 PASSED AND ADOPTED this 71' day of August,2018. 40= CITY OF BOYNTON BEACH,FLORIDA 41 YES NO 42 43 : Mayor--Steven B.Grant 44' 45. Vice Mayor—Christina L.Romelus 46 47 Commissioner—Mack McCray 49 49 Commissioner—Justin Katz so 51 Commissioner—Joe Casel to 52 53 ' VOTE 0 54 . ATTEST: 55 56 57 5B Julr A.Pyle,C t 59 C_ Clerk 60 61 62 63 % (Corporate Seal) 64 C:Wsers'SWnzioreeTVIPPDatsE�Ai ndows4TemporaryirllCr�t Fites%content.lE545ATN0EVNrl enerel consuftinp servkes_(2018)__ so.docx Page 179 of 473 GENERAL CONSULTING SERVICES AGREEMENT THIS ' is into boween the City of Boynton Beach, hentintilter referred to as'Me CITY',and ALEXIS KNIGHT ,INC.,hereinafter referred to as'Me CONSULTANr.In consideration of the mutual beneffts,dorms,and conditions hereinafter specelted. r Negoliatinn AADL the CnYS Prownernerit Code,the My of Boynton Beach sciffiread proposals for professionali sendow,and WHEREAS,THE C[TY issued a Requed for Quagloadont for General Consulting Servicesfor the f Boynton Deach,RFQ No.046-28211-171'171.and WHEREAS, the City Cowwression designated CONSULTANTI q oonsufling Irma to sty the CITY;and THEREFORE, In corwrlderation of to mutual covenants expressed herein, the Purees reg as fob", -M,O 1.1 CONSULTANT agrees to porkies General n to k4oldual arder%of the request ofthe CITY u the term or this Agnsanent,Including of All labor,materials,equipmentcopy be assigned CONSULTANTto njun , Scope pry A Water Plantn,Cape*and Opendws Scope Category B Inkastructure Irnprowernents and Evaluations Scope CahMonr C AncilleTy Studies end Services Scene CaR;g0rY 0 TIMERIMIlYSCIn SWVkW Architectural and Landscaping Ovate Serviom 1.2 SERVICE AND RESPOWBILMES 1,21 :T ULT to perlicanwork assigned by Task o }under won lems as ad forth in the T ).The terms of the T 1this Agreement 1.12 The CONSULTANTIs responsible for deldets in Its work and in the work of eThe Lem-Agreemear has At new,marring t , Swarm such uti fti -OwNW4 COMIL!"s9 A CLEAN FINAL Page 180 of 473 its Su . 1.2.3 PRELIPANARY SERVICES PHASE: The CONSULTANT shall pmpre prelffninary sbadles and reports. f les, financial and fiscal studies, and evaludon of existing fad0fies. preparation of achernatic layouts and skeWm where req p ometruction budgets, opinions of 'on Cost,oW*hal consult and conter with the CITY as may be inecessary for the CITY to reach decisions concerning the mbject maner. The CONSULTANT BW attend nwfts with the CITY Commission and CITY sW as may be required, and provide tate CITY with a time schedule which shall include but not be limited m suttmittal of al milestones related to the project up to deDwwy of 100%cmmtruction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shat advise the CITY, based on GO LT S proftwelonal opkfmn and the currenil project conditions and reasorrably tore of the completeness of adsting data and Its sukaWty for the kftftded purpows of the project;CONSULTANT to obtafn date Wn other Bwmes,kientify and analyze requirements of govemmmental authorbw hrAig Jurisdiction to approve the i of the eco provide analyses of the CrIYS needs for site evaluations and compomfive studies, of prospectfm We wW sohiflorm;and prepare ard Ournish a report to the City safting forth the CONSULTANT`S findings and rewramendallons. 1.2.4.1 Providing any of property surveye or related anginiaerIng servkm reeded far the bansfer of hievests in real property.and fidd surveys for design purposes and enginewft surveys and stalft W to proceed with thetr wxrk, and providing Ww special field swAW 1.2.4.2 Preliminary design services to be performed by the CONSULTANT include consultaffon and advice cormeming Ova mftt and scope of proposed work and pretperatim of designpreliminary documents convIsting of design critailai preliminary drawings, and oulline specifications a wel es prellminary of ~Is This phase will also Wdude preparation of a preliminary site Ow or sclieraft draiwingis when appqvists. Up to six(8)ooples of the preliminary designd be kunished tolheCITY, the exact tKeriber needed shall be delermiried by the CITY. 1,1.4.3 CONSULTANT shag PrDovide eyrwirordnewrtal nt wd Impact to deterniine the sultability of the sb and its wxrounds for the proposed kw 1.2.4.4 Upon audickmAim of the CITY,the CONSULTANT wM provide advice and assistance to operation and mainterwrim of systww, waluele and report on assist the CITY in mamm relating to reg BqYnw beach Utilities-Ckwol Caaaaldna smicea Cr2 Y.5 CLEAN FINAL Page 181 of 473 operations review or operating porn-At non-complance; assM with startup and operator training for installed or modified equipmord and processes, and in the preparstim of operating, maklenanoe and stffft manuals for the proijact. 1.2.5 BASIC SERVICES:The CONSULTANT eMll consult and advise the CITY In On following manner specifying the extant and scope of the work to be performed; prepare detailed coristruction dravWnp end spetfficsfions, revive and update, whom necessary. pWou* designed conshuctlon plans and spedlications,vAuWmr In whole or in part to be ftwporated into the pmposed work and prepare construction domiments and &W estinuft of probable Construction Cost. The final design services 9W be provided bi an electronle format and&WI ansa InckWo ftwfthing up to W (6) copies of plans and specifications to IN CITY1 the exact number needed shall be dstern*ad by the CITY. 1.2.0 Final design services shall also Include preparation of perntl appo=wns as may be requbmad by such agencies ash legal review authority over the pr*& Those appkatiorm slug Muds but not be Imited to sb plan Approvals or other pwTnVa and work oftbrm arW shall also consist of mostings.at staff level and modngs with the Appropriate governling body and the CM. UrAm spedft* provided for under the IkW design phase, permit spoicetion services do not include oppucawns. requiring environmentaI Impact statements or emdronmental assessments, consumptive use pornits And landlill permits. 1.2-6.1 The CONSULTANT based upon the q*mved design domrneft and any adjustments authorized by the CrrY Ina pi*ct, proled sdwdule or cDnmm budget shall prepare far appvval by the CITY,design development dmffrwa consistirg of dmwings and odw documents to ti)r and describe the size wW cluiractor of each projecrs civil engineering, envinonmental, lanKlocape, ordhitectural, structural, mocharkal. and electrical syshm Arid any other requirements or systerns.maWsW wd such ~ elements as may be appropriate for a cornpleto profect The CONSULTANT shall also advise the CITY of any adjustrnents to the prellmInmy estimate of probable Conshxdon COON. 1.2.6.2 The CONSULTANT based on CITY approved design deveMwwd documer;W and any kffdw o4ustmoft in the scope or quality of the~oral the construction budget shag prows Construction Dowmento within to number of calerdar days specTeed within any nodca Issued by the CrFY. The ConstrMon Documents shag consist of drawAings and speacations sefting hoth In doW the requirements for the construction of the projwL 1.2.6.3 The CONSULTANT shall 989M the CITY in De preparaWn of ft necessary proposal InfornmGm mW brms. 1.2.6.4 The CONSULTANT shall advise thoo CITY of any s4usbnerft to previous estimates of probable Cotmtructon Costs Indicated by Boyrwn Reach UdIffles-Cn-=W Comtdq Savkes V.5 CLEAN FINAL C-3 Page 182 of 473 Changes in codes,administrative and JuWicdonal requiremenis of general market conditions. 1.2.6.5 The CONSULTANT sW submit to the CITY fore project, electronic format and up to six (6) copies of the Cionstruction Documents, and a further revried estimate of total pmbable Construc0on Cost 1.2.8.6 CONSULTANT shall Include In the Construction Docurnervis a requiretnent that the corainkton contwtor"provide 9 Anal @a-bufit sunrey of the project In Autocad electro*flormat by a registered Land Sun"v,and provide miwked up construction d to the CONSULTANT so god the CONSULTANT can prepare and deliver to this CRY the record drawings in the form requI red by the CfFY and as required. 1.2.6.7 Prior to final approval of Use Constnoction Docurroft by the CITY,ft CONSULTANT shall conduct a thorough review and qualfty control evaluation of the entire work product for compliance *0 requirements of any local, state, or federall agency from which a permit or o0w approval Is required The CONSULTANT "I make sure that all necessary approvals he**taken place.. 1.2.6.6 Friar to each phased submft the CONSULTANT WW conduct a thorough qually control review and assesunant of die work product to determine whether the work Is properly coordinated and confirm that the CITY mid agency comments how been addressed and Incorporated into the Conlrracl Documerb. The CONSULTANT shall provide to the CITY a Ckmft Assurance and Qu aft Control plan Ina format#W advises the CITY tW d work has been parbvmd as required. A report shall be' submitted Ina with ftee stanidards to apprise the CITY that due cam has been taken In Me pr cel of the Contract Documerits, 12.6.9 The CONSULTANT shag signify responsibility for the Contrad Docuirwnts inciLdw technical specilkations and drawings prqmred pursuardto fft Agreement by allWM a sIgnalure,date and seat as requiired by Florida Shafts Chapters 471 and 461, W applicable. The CONSULTANT 09 comply with all of Its governing Jews, rules. ragulathrak codes, directives and other applicable federal,state and local requirements In preparefim of thewark. 1.2.7 The CONSULTANT shall provide the construction documents, tachnicei specifications and drawings completed in accordance wkh genersilly accepted professional practim and p4x*n and In a rnanner cmsistent w1h the level of care and skill ordinarily evardeed by members of the profession cu rrarrtly ptactift under ainiffer cwtMons. 1.2.8 The CONSULTANT following the CITY'S approval of the C;onstruction Ductrmants; and the latest estWmft of probable Constirclion Cost shall when so direded and authorized by Itte CITY,asaW Me CITY In obtaining proposals or negotiated proposals, and assid in preparing contracts for Beyntm Beach Whim-Generad ComIdnS Sav$m W CLEAN FINAL C4 Page 183 of 473 owatruction. 1.2.8.1 The CONSULTANT Muff review and analyze the prolmsals received by the CITY and shall make a eflon for any award besed on the CITY'S ProcumnW Administrative Policy Manual. 1.2.8.2 Any Opinion of the Constructim Cost prepared by CONSULTANT relureseras Its Judgment as a design professimal and Is supplied for the general guWance of the CITY. Since CONSULTANT has no control ever mo n% CONSULTANT does rot g • the accuracy of such opinions as compared to conkador Wis or actual cod to the Crt'Y.If the project Is not adverfimW for proposals Wft three(3) months after davery of FkW Design Plam.through no fault of the CONSULTANT or WeWw local gwd*conditions or industry- vMe hove Ch ed because of un or un events effectirV the gerierall WeT01 prices or Wnes of delivery in the consinxBon Industry,the estalgish5d Con on Cost Pant may be Austed as by the CITY'S Representative and as approved by the CITY,if nocassairy. Additionally,if the CITY expands a project scope of worlt Mor the CONSULTANT renden;On FkvW oWmeW probable Construction Coo of the Final Design Plans,the CONSULTANT shall not be responaftis for any redesign WMW compensation which shaft be agreed to by the partles hereto. 1.2.8.9 The CONSULTANT shall provide the CITY with a Est of recommended prospective bidders. 1.2.6.4 The CONSULTANT shad attend all -bid 1.2.6.5 The CONSULTANT shall recommerd any 2WMWa,OuvWb the CITY'S represerrUffive as appropriate, to clarify, correct or change proposal documerift, 1.2.8.6 If Pre42uslifleation of bkMm is requkW as sat fuM in the Requee for Proposals or InviUdlon to bid y, CONSULTANT shat mid the CITY,If requested in developing qua qualiftations and remmmentl acooplarm or rejection of the bidders. 1.2.8.7 If req , CONSULTANT s and and mWw recommendations regardingany oward by the + CITY. 1.2.9 The CITY I make decision on ell cblms regard'mg Interpretation of the and on all adw mailers rd to the execution and progress of the Wcwk after reoeivkV a reconunendskion from the CONSULTANT. The CONSULTANT shag check schedules, shop dnnvirgs and other Bubnftdons for the limited purpose of checkkV with the cmmpt of the project,wW for emplarme vft the infaffnabon gtwen by the Ciorstructlon Documronts, The CONSULTANT shim also review change ordens prepared and submitted by Contractor and review and make recomrnancWtions to the City for progress to the Contractor based an each project schedule of values and the ' Boyntm Bach UNIda.Genal Cowuning SeMen V.3 CLEAN FINAL C-6 i l l Page 184 of 473 percentage of work compWad. The CONSULTANT will neither haw cantrof over or charge of,nor be responsible for,the constructim nwans, metmxls, techniques. a s, or procedures, or for the pr ns and pngrarns in connection wkh the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change i be caugorized to the various Mus, causes, em that rmy be I and noomary for Its purpose. 1.2.9.2 If the CONSULTANT Is nol the Constructim Managerfor the const n, the CITY shag ndfyr the CONSULTANT three(3)days of the discovery of any architectoWengineerN am or ornisOm so the CONSULTANT can be part of the neg the claim baWnw the CITY and the Co r. 11.2.10 The CONSULTANT shall carefully review wW wornhe the s schedule of with any svppoctirtp documentation. The purow of such re&w and exernination will be to proted the CITY from an unbalanced ed of values which 0mates.greater value to cartain elemecits of each prof than is Indicated by Industry stimdards,supporting docunnentotion, or dets, If the schedule of values Is not fwM to be appropriate,it shall be returned to the Cwtactior for fon for suppwting documentation. Afkw ntaldrig such examinetiM when the scheduleof values Is found to b9 awopftte, the CONSULTANT shall sign the whedule of values Informed belief that the schedule of values cortstitutis a reasonabK balanced basis for papserd of ft Application for Payment to the Cmusew. 1.2.11 The CONSULTANT shall perform a of project based an the Construction Documents in accordance with 1.2.18Project SWOW of Oft AWearrent, The CONSULTANT'S observation shell determine the progress of the work completed,wW whether the work ng in e mamm Indicating that the when fully cornpeted YA be In socardance Win the Corrstructlain Dmments.On the bask of aft visits,the CONSULTANT will proukle the CITY with A wrkWn npA of each aft visit In order to reawxm*inform the CITY of the progress o1 to portion of the Work compisted. The CONSULTANT shall wxkmw to Identify far the CITY any delimb and defideredes In the work ofrecommendation to the CITY where the work faft to conform to the Construction Domments. The 0OLTANT shat not have control over or charge of, or resimsiblglyforthe construction esqumoes .or for ses, or ' ms in n with the Work,nor shell CONSULTANT be resporalft for the Ca*acWs failure to pefforin the Work in accordance wIth eve requirementsof to Contract Dommuft The CONSULTANT shall not have cor&W am or charge of, and shall not be responsible for, acts or ornlaslons of the Coninactor or of entifts Worming portiom of the Work. Based on such dWwostion and the Contractots Applicutim for Boynton Bach Ud11des-GeRmi Cwnadting savicm V.S CLEAN FINAL Page 185 of 473 Payawt, the CONSULTANT shall determine the amount due to the Contractor and shall Isom Cwtificstes for Paymwt In such amount Then Cerifficates will constiftite a representation to the CITY based on such observations and the data comprising the Applicagon for payment#W the work has progressed to the point indicated. By kmktg a Cerffmw of Payment the CONSULTANT wW also represert to the CITY that to the beal of its Info 'on and beW,based on what Its the Work Is In accordance with the Construction Documoft. The CONSULTANT shah cordud observations to debarnMe the dam of aLftdontial and final completion and issue a recommendation for Mal P 1.2.12 The CONSULTANT the Construction drawings and aubrM record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints,draofts and odw data fumished by the Contractor. The record&vMqs shag be provided in electronic fomud Inclusive of confOrned PDF files and AuWAW flea In a form compatible with the CITY'S version of Autformats for ardhlval purposes. 1.2.13 The CONSULTANT shall attand regularlyled progress woelings on site loknorift or as otherwise determined d on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shell review change orders prepared and submittedby the Conbactor for the CITY'S approval, CONSULTANT @hall not adhorize any changes In the work or time,no matter how minor without price written approval by the CITY. 1.2.19 Each profeds owMruction or demolift shall be upon connotation of a punchllet by CONSULTANT,which shall be timely compbled by Contractor to the saftlaction of the CITY,written n to by CONSULTANT that all releases of liens am sagalied and written n by CONSULTANT for final psyment to the Contractor which shall be at the sole discretion of go CITY. 1.2.16 RESIDENT PROJECT SERVICES: Durft the Construction progress of any work, the CONSULTANT will If authorized by the CITY, provide residerd pro "on servion to be performed by one or mom rithortzed employees CRealdent Project RepresenWivel of the CONSULTANT. PrOad Representatives @holt pwMe extertsive observation services at Im project site during construction. The Reeklient Project Represenlatilve will endeavor to Identify for the CITY any defects in ffm work of the a s). Resident prgad observation se include but Is not 4rnked to the 4 Conducting all Conclucting all necessary construction progress nmetings, d Observation of the work in prWess to the exhM authorized by the CITY; -cr Receipt,review coo di%bursernent of shop druisings and submittals; Boyce Bea6 Utilities-General Cousuhing Scrvkes V.S CLEAN FINAL C-7 Page 186 of 473 + Mainteriarm and preparation of progress reporW 40- Reid observAon and verificatIon of quantAW of eWorxrd and materials Inslafied; O Vierflication of contrectors'and subcontrachn'payrok and rocords for compliance with applicable contnact mWrements; Maintenance at each project MW on a current basis of all drawings, spedfications, contraft samples, its, wW other project rehited documents, and at the cDrnpWffon or each pr*4 deliver an such records to d*CITY, Preparation, update and dWMbu#on or a project budget with each project schedule, * Noffication to the CITY' if it appears that either each project schodule:or each project NxW will not be met * Scheduling and ovinducting monft progress woetings at which CITY, Engineer,general contractor,trade contmctor,utlibes represeirrbohm, suppliers can Jok*discm sAb maftre as procedures, progress, problems and scheduft * Recornmending courses of action,and anforcing action sekKtad by the CITY.R so directed by On CITY,If the andfort rade controMrs are not weeft the requirements of the plans, specifications, and Ckinsbiodlon Contract -D, Development wW WVlmmnU*m of a aystwn for the preparatkm, review,and processing of change orders; 4- Maintenance of a delly log of each project; 4- Recon:11rig The progress of each prglact, and Submission of vAiden monthly progress reportz to ft CITY including inkrmallon an the CordradDrs'work and the percentage of completion: 4- Determination of atboWntial wid final completion of work and pre of a Rd of incomplete ard unsatislactory iterns, wW a schedule of their complatim.and 0 Securing and Umsmkft to ft CITY,required guarantees;afflWaft; reftses;kay manuals;record drawings;and maintenance ekdm; The Resiclent"ad Representative dwil also Investigate and report on complaints xW unusual occurrences Out may~the responsibility of the CONSULTANT or CITY in conneclion vAh the work TheResident Project RePmsentative shall be a person accept"to the CITY,and the CITY shei have the right to arnploy personnel to observe On wo* in progress,provided hoyAwarthet such personnel as ampbM by the CITY, and Such personnel vill! be responsible directly to the CITY In the performance of wo*thot would ottwwree be assumed and performed by the CONSULTANT. The Resident Project Repesentative shell not hwm control over or charge of, or responsibility for the consruction meam, rnethods,techniques,sWuences or procedures,or for sAft pre=Wons ard programs in connection with the Work rff shag the Residot Prood ReprawWva be responsible for the Contraclues failure to pwfbffn the Warts In accordance with the requirements of the Contract Documients.The Resident Project Representative shall not have control over or sir of, and shat not be responsible for,acts or omkWons of the Contrackw or of any oftr person or entities performing portions of the Work. Bwlnm Bewh U1111des-Gcneral ConsuWng SerAm V.5 CLEAN FINAL C-8 Page 187 of 473 Although CONSULTANT shall not be respordMe for hsalM or program or precaLMMs rekded to CITY's adWes or those of CrJY& other cantFactors and consultants or ft*respective subconkoctore and Vendors (Contractors), CONSULTANT shall nonetheless; rt to the Resident Project Reprasentathm heab and idons or deficiencies observed by CONSULTANTS employees or representatlives. CONSULTANT shd not be respormble for CITY'S pre-oftting aft conditions or the aggravation of thow pwWsdng ab conditions to the exWt not caused by the negligence or WWI misconduct of CONSULTANT. CONSULTANT shall not be regonaft for irmpectirtg, observing,or mrecft health or saW conclidonsor deftlendes of CITY. Contractors or oVws at project mb C "? offter then for CONSULTANTS subconsuftants and vendors. 1.3 ADDIT110MAL SERVICES 43.4 When addWonal services are waseary they shad be specified in the writlen Task Order. Exwrkphm of addhional(not excl )serAces are: d Preparation of applications and supporft documents for private or governmental grarde, bans or advances in connectim wlth any particular project- 4 Swvkm to make measured dnwfto of or to conditions or facilities, or to vergy the accuracy of drevvinp or offw Information Rm*MW by or to the CITY. from slignillwnt chengesin the gerwW scope,extern or character of any a or Its design 'kxAKft but not limNW to,chwgw In aft complexity,the CITY'S edoWle,character of construction or method of financing. fwAsing previously accepted et n downente or Consbuction Contract Documents when such reimoons we rod by changes to rules,regulations,ordinances, subWuwd to the prepwation of such studies, reports or documents,or are due to any otIw comms beyond th@ SULTANT$control. 'd, PrwAft rawlerings or mmkft for the CITY6 use. 0 Prepeft doctiments far slarrmite Proposals requested by the CITY for work#0 Is not exmW for domunants for&Aqdaequwm work. 4 I Irwalving but not limited to, considerations of operations, maintenance s;. proMing vWw engirworing during the Ouse ofdesign; the preparatim of and economic evsluWons, rate schedules and apvmW&: assistance In obtaining financing for a project:evaluating p for licensing CITY In obtainirg l using; detalled quantity surmys of maWrIA equipmwt aid kkW. and audits or kwanWies required in connection with conshxdon peckened by the CITY. ® Assistance in commmoDn with Proposallixoposal or re-nagotbItIng contracts for conshiction, materials, equipment or urdess the need for such assistance by the CITY to be caused by the CONSULTANT(e g.d ns BoynWit Bench Ud lkles- Comidng Sc vica Y.1 CLEAN(FINAL C-0 Page 188 of 473 and/or sPedficadons Which inhibit contractors from wbmitling proposals) In which everd there dW be no additional cad for the ih or such se Preparing to serve or aervft a® a CONSULTANT or witness for the CITY in any '. afion, arbitration or other legal or admin ative 4 Additional services In a prcdect not oftFwlse provided in this L In connection with a project not oltwv&A povided for in this Ag 4- Services in connection with a field order or order requested by UN CITY, O Providim artwork models,or rendertge as requeSted by the . 1.3.2 When required by the ants in cacumatances beyond the CONSULTANT'S cordrol,and upon the CITY'S authorizatim it will furrtish the following additional . • Services in connection witli work changes necessitated by unforeseen conditions d durkV con . O Services the award of each contract in evaklating andda*nTdnhV the fifty of an unressonable or excessive number of claims by Contractor.except to Un exlent such claims we caused by die wrom or ornissiorm of ft CONSULTANT. -0 AddkWW or octended earAss during construction made necessary by 1) ed by fire or other c&Am durft construction, 2) a signtfbant amount of defiKffive or of any contractor,3) aooekaffion oftheprogress schedWe kwolving serAoss beywid normal working houras or A}default by any conlirmctor,Iprovided however,t a fire occurs as a direct result of errm or orn gn by the CONSULTANT or if CONSULT ' to raft the Conitrector of to nt quality of Viair pursuant to CONSULTANTS duties as deKvRmd In CONSULTANT'S additional servim shell be deemed part of Basic Services and compensated as such. 4 Services In connection with any partiel utilkalion of any part of a project by the CITY prior to Substantial ComplIetion. 0 Servkw t4 evekaft Ow propriety of subobtutione or design aftffieles by the Corftdor and hvolft methods of materials, or major ~componeft elther dunng bidding and/or Nagoliation services or Constrimbon Contract awsM, The cost of such services shelf be borne by the Contracior,and this requitement shall be included in the construction oonbacL in making revisions to drawings and owasioned by the eaceplenca of abstitutions piroposed by ft Contractor.uram such substlkffiorts are due to a design error by the CONSULTANT In which case such services.shall be deemed Basic pt when caused bye design error by the CONSULTANT,On cost of such shallservices be borne by the ControoW,and this requIrerraiwd shall be included In the construction contract $Oyam Beach Uri!$des-Cirneral Comking Services V.5 CLEAN FINAL C'fb Page 189 of 473 1A OTY'SMPONSIBIUTES 1.4.1 The CITY shall do the foRmMng In 2 timely Manner so as not to delay the Services of the CONSULTANT: 1.4.1.1 besignate In writing a pmon Or P@Wn9 to ad as the CnY8 rePrOsudStift with reWd to the fervices to be rendered under this AgreemenL Such person(s)shd have compkft authority to tranwilt iinstmclions and receive irftmution with fespea to the CONSULTANTS SerAM fors pwilcular preject.The CITY may have multiple CITY Rapressrdeft*s)or pujW managers duft the peftrmanoe of this AGREEMENT based on the speciffa task ordersWitten took orders from each of the Scope CalWories, 1.4.1.2 Prwoide ail criteria and fiA information as to the CITY'S requirements far the Project, in design objeclNes and ounstraints spne capacity and performance requvements, flexibIlity and edablifty,mW any budgetary limbom. 1.4.1.3 Assist ft CONSULTANT by providhg at V*CONSULTANTS req uM all wobble information pertinent to ffe ROW IndAing previous reports and any odw dats relative to design or construction of the pruqW. 1AAA Furnish to the CONSULTANT.If nutubad for the perfiomence of CONSULTANTS servross(mm-pt Wj"oowww ftntatud by the CONSULTANT as AdditionW Servioes),the following: 11.4.11.5 Date pr red by, or services of offters, Imiuding without limitations borings, pro1AW and subsuftm e)plorations, hydrograWc surveys, laboratory tests and Inspection of sainples,mater"and equipment,, 1.4.1.6 Approptisla profasek"Interpreted"of all of the fwagoing; 1,41.1.7 EnvirorimentW assesarnent and Impact staternarb; 1.4.1.8 Property, boundary, easement dii"-way. topographic and utility surveys; 1.1.1,9 Prqmrty descriptions; 1A.11,10 Zoning,deed and other land use resWctlons; 1.4.1.11 Approval and permits required In the CffrS knWiction and Mobs hom outalkle agencies Wass such approvals and permits are the responobility of the CONSULTANT,and 1.4.1.12 Arrange for scum to make d provislom for the CONSULTANT to enter upw the CITY'S property as requkW for ft CONSIULTANT to pedorm sewas under H*Agrearrmt 1.4.1.13 Consistent with Me professional standard of care arid un�age otherwise specifically provided herein,CONSULTANT shall be entled to rely upon itis accuracy of data and Wroolon provided by the CITY or others wftut bxkpendent review or evaluadon. gwyaw Bach Wides-(krozi Consulting Swv1ccs V-5 CLEAN FINAL C-41 Page 190 of 473 1.9 SEOMNCE OF EVENTS 1.5.1 Follaoing recaph of any r®pro CONSULTANT waM submit to the CITY, at Wed On S ! services,conwencement of a schedule of services and expenses par amoval by tri CITY botom any servicas commence. The CITY reserves do ht to nerke dutrigres to the sequence as recessery to laments the services or In,minimse any corei'llot , 1.5.2 Task orders evil be Issued to the CONSULTANTb the order In which the orderCITY silence,and shot be perfirnned ond ounpkftd in the fty we Issued, r acQustnards to the timetable for y the CITYIn savanna, in all n CONSULTANTr writing, AgreementWe 1,5,3 Proposals received by CONSULTANTult of to*orderseriften task ordert marrows S25,0Min cost wnj require Commission bdm esecudon of services In swordance e0h the CRYS Procurement Administrative 1.5.E Mm ft CITYorders to ths CONSULTANT, authorizoillon that contain a sbftd completion schedule, If caused by the negligent saws or ondesions of CONSULTANTfallizeof the CONSULTANT€a meet the stated schadsts ohd conaltute a deftedi for which payment for services y be withhold until defeuk is cumd. 'rim erdensions vAll be rewarmed upon naluest for extorwering drounplances. 1,51 It is anticipated AW intended east the CONSULTANT beginin °bask,as som already r I Ifs subsequentT CONSULTANT current b* order, the remaincomplabon date for each Task Orderwill kidependent of emb other so Piet Use CONSULTANT n the first Task Order and finish as sorm as pniodcal. Failure to complete Me'chlee task orders I manner, may advaraidir knpact earlycontinued authorization to start 1,5.E VAm the CONSULTANTcompanion Including y extension for wdeneatint; decurrsdances wholl may hove granted,bow ) days ofthe date that the debut becarne active ento a re"loarnent of seven 7 to oure saWk. to the CONSULTANT withholdsandcoa rendered WvA be 1.5.7 Should ft CONSULTANTIim ,par CITY ressrues the right not to Issue to the CONSULTANT any hopes t2sk orders until such dine as It is no tender In defaulL and me CONSULTMT dernonstraded to the `S saUdection,the ressions for tardy completion BGYRWR Batch rel -i0maw CeAwsing services Y,5 CLEAN FINAL. -1 Page 191 of 473 haw been addressed and are not Rely to he repeoW in Subsequent task orders. TWO ISMcled Issumce provision may result In the CONSULTANT W b0W Issued ap of the planned work the CITY anticlWad in this AgroerriffilL The CONSULTANT shall have no right to the balance of any work.ortrany corripensation awcMed with them non-issued orders due to the CONSULTANT being mrKkWed ki defautL 1.&$ Should the CONSULTANT remain In deflault for a period of meen (15) consecutive calendar days.beyond the firne ftme,provided in paragWh 1Z.6 the CITY may at its sole option reWn anotheir CONSULTANT to perform any merit arlsft out of Oft Agreemort andlor terminate this AgreemerrL 1.6 DEFINITION OF DEFAULT 1.13.1. An event of debult Shag mean a breach of M Agreement VWbmA DmDV the 90nerafty of the foraWng and In addition to thme Instances to as a material breach,an ev&A of default shall include the rig: • CONSULTANT hm not performed on a tfrrly basis due to CONSULTANT'S negligent wrors or emissions. • CONSULTANT has refused or Wed to enough properly skilled pommel; • CONSULTANT has failed to make prompt p to CONSULT or aLwpkm for any serwkm after receiving payment from the CITY for such services or les; O CONSULTANT has felled to obtain the approval of the CITY vAiere required by this AB A CONSULTANT has reftned or felled to provide the wvkm as defined In Oft AgreernoW, 6 CONSULTANT has tiled barkruptry or any offw such Insohmey proceaft and the sarne Is not n (90)days of date.such -0, CITY has falled to malto paymuft to CONSLLTANT In accordamm with ft requirenwmftct,'this Agnmnent 1.6.2 In the event of DofimA the CONSULTANT shag be liable 1br all dwnqes rescilting from the DetwA including: d The differerm between the amount that has been pald to the CONULTANT and the amount requked to complete ft CONSULTANT'S work, piovided the few by the Itrm ng the CONSULTANT we ressonaW and the hourly rates do not wwood Ow CONSULTANT'S rates. This amourrt shall also Include prawrement and administrative by the C". $ In the event of deftult by the Clity.CONSULTANT may suspend the of such payment "man Scach Utilities-Gcmml Comuidng Sovian VS CLEAN FINAL C-13 Page 192 of 473 I.B.S. The CITY may take advantage of each and every remedy Woolfically existing at low or in equity. Each and every remedy shall be In addition to every olhiw remedy Om or otheralse existing,and may be exeralsed from time to Vme and as often and In such order as may be deemed expedlent by the CITY. The exercise or the beginning urthe exercise of om remedy shall M be deemed to be a wafvw of the right to exerdse any other remedy. The CF7YS rights and remedies as W forth in this Agreernant are not exclusive and we in addition to wry other Nhis and remedies available to the CITY In law or in equity. AR77CLE 2-T= 2.1 The initial Contract period shall be for an Initial two(2)years,commenckV at the execution of the contract,and the City reserAs the right to unilaterally reriew the corftct for three (3) wididonal one (1) year periods under dw sarne terms, conditions.The CONSULTANT understande and acknowtedpas that the Servk= to be performed Wring tm tutu(2)yew term will beg by this Agmenmrit, and that there is no guarsn#e of future work being given to the CONSULTANT. 2.2 In the event Mat services are scheduled to end either by oonbaKA expiration or by tembathn by the CITY (at the CITY'S dWetlon), ffm CONSULTANr WuM continue the services, V requested by the CITY, or ung tak or lasks; Were compkybd.At no time shall this tranaftional period extend more than one-hundred and eighty(180)calaWer days beyond the expiration date of the eAAkQ contract. The CONSULTANT will be raimburW for this service at ft me In~when this tran0onell period clause was immIked by the CITY. ARTICLE 3-MKII OF P 3.1 Work under this Contract"commence upon the g1ving of written notice by the MY to the CONSULTANT by way of Wi executed task order wA resultant:Usk order. CONSULTANT shall perform all services and provida all va* product required pursuant to this CoMect and dw specific task order by.the Sequence of Evwft,or unless ane of time is granted In Writing by the CITY. AR71CLE 4-EAMMI 41 The CONBULTANT shall be paid by the CITY for completed work and for servion rendered under this agreement as follow. 0 Payment for the%vork.provided by CONSULTANT shall be Made In actudance with the Fee Schedule as provided in Exhibit'A'aftachood heneto. 0 payment as provided In this Section shall be AM compensation forwork performed,seirvices modered and for all malerlals,spWles,equipment and in necessery to complete the work, 0 Compensation for sub-CONSULTAWS Wil be nagolixted based on each task order. Compensation YAJ be dwough 2 dhct mark-up In lBoymon Bmh Utilities-G ConsWeing Snvk= V.5 CLEAN FINAL C1114 Page 193 of 473 accordance with the Selmdule of Pr oral Feag atte"d herata. Sub-consulting mrvices shah be approved by the CITY'S rePrawnt0tim Prwr to Perkhrmance of the sub-oonsuPting work. Consuft time for prooesshM avid management of the sub- CONSULTANT'shaft not be kx*idsd in direct Costs as ft direct mark- up is applied form efforts, + The CONSULTANT may submit vouchers to the CITY once per mouth during the progoess Of "M Work for Pedal PaMent for profect completed to date. Such vouchers wig be wertiled by the CITY, and upon appmail th~,pa~will be made to the CONSULTANT in to amount approved. 4, In certain cases whom f bi%M far partially cmnpWW Work is permitted by ft MYS repmmlative,the,total kxremental billinge WmU not wwoW the parcerdWe of estimated comphrilon of IderMable delverables or scouted dalWerables as of ft bigrig dote4 4 COMPUtabon of Time Charges/NoNto-Exceed Medwd of Payrnent Wbw a service Is to be comperawled based on Ww dwgsfinol-b- exceed magwd, the CONSULTANT sMU submit a w-WVKCW proposaI to the CITY'S representative for prior approvel based on eadmaW labor hours and hourly rates which shag not exceed ft establiahed hourly ralm as per 111w SclImMe of Proftudonal Few attached hereto, plus sub-CONSULTANT services and other rallwad 005ft sWpor"to proposed worlL The CITY Shall not be obligated tom Ow CONSULTANT for costs Incurred in excess of the total not-tDvxceed cost amount fi FInall psymeft of any bdwm due the CONSULTANT of the tcftl coftectprimo earr*dwill be meft Promptly upon Rs in valication by the CITY a2w the completion of the Work wider Oft Agnwwrient and Its somp4mce by the CITY,which shag occur no larter titan 30 days fokraft reoW of the Invoke. + fludkDmiff.In order for both parties herein to dose thisir book&and records, the CONSULTANT wdl cWwdy state jflM_jMeQW on the CONSULTANTS finellhod b*v to the CITY. The final kwoke cwdrm that ON seroves have bow propedy perforrnad oW d chwW and costs how been Invoked to the CITY. Shce this acco" wo thwoupon bed and any other ft*w charges if not properly included on M hm4ce we conWidered vwalved by dw CONSULTANT. + Tim cost of all services as staUd herein"femelin fmd aid Mrfn for ft initial bw (2)year period of dw contract Co aft for subuquent years old any exte-Won torms sW be subject to an adjustment V hcream Wour in the Industry. Hawwar, unless very unusual wW elgrtificant dainges have occurred In that Indus",such Increem sW not exosed 5% per yea, or whichever is less. ft latest yearly percentage Increase in the AN Urban Conisurners Price Index(CPW (National) as published by the Bureau of Labor Statistics, U.S. RDYMM BeK*Utilities-600=1 Ca wwlbg SWAM V3 CLEAN HNAL C-15 Page 194 of 473 DapwMmt Labor. The yearly Increase,or demwpe in the CPI a be the latest index published and aval(able ninety(90)days prior to the and of the cm-fted year thm In effect mnpared to the kKIN for ft Sam r1W*Orin(1)Yew FW Any requested CM Increase shag be W dommented mW submitted to the CITY at mast 5W(eq days Prior to the contract amMrsaq daft. Any mpPWvW cod e4usirnents shag b000rna effective upon the anniversary dew or the cmram In the eyvt the CPI Ofhxbft Coft dedhe. the CITY shall how the right to receive from M om the COANT, a ressoneble reductian in costs that rated Wch changes in the Industry. The CITY MW Mer Omminutl0n.refuse to accqX the aclu'sted costs if they are not lmvperly documorited, Inoreeses are emmidered to be excessive,or decremses am considered to be Ineutlicient In the event the CITY does not wish toe the adjlusted costs and the rnalter camort be resolved to the satisfaction of the CITY,the ConbW rnmy be corralled by the CITY upon 9WQ thirty (30) calendar dep written nodoe to the CONSULTANT ARTICLE 5-gMEMp ANQ Un pF DocumgNm 5.1 Upon oompkbm of the project and Met payment to CONSULTANT, as docurnents, dmungs. spealluftne OM 011her Materials produced by the CONWLTANT In connection with the' rendered wxW this Contract the documents shag be ffw property of the CITY"afiw the R*ct for which thoy are mada Is umsouted or not.NoMilhateivAng the foregoinig,the CONSULTANT shah mairrInth the rights to rem starKlard detalls and other design features on 90mr protects The CONSULTANT shag be pernnitted to in copies, Including PaProducibb coplas,Of drawkW and sPecificallons for kftmalkn rdowm and use intonnection wkh CONSULTANTS oncleammm. Any use of the docurrmft for purposes other than as orl*alIy intended by 0*Contrm:t wouxA the wrbm consent of CONSULTANT,shall be at the:CITY'S ode risk and without kbft to CONSULTANT and CONSULTANT'S sub4X)NSULTANTS. ARTICLE 0-FUMQM 6.1 This Contract shall remain In full force and affect only as long as the empendimm provided In the Contract haw bam wpqxiated by the C41Y Conymselon of Boynton Samolh In fin annual budget for each 1111scal year of this c4ntract,and is Bukw to termination based m hick of Nriding. ARTICLE 7-WARMtM 60 GQ4_WEVy AjjGM 7.1 CONSULTANT mpragents and Warraft to the CITY that it la ownpebyg to engage in thea of services conternplated under Oft Contract and that it will retain and assign quaMed protimlonals to all assigned prqecft during the twn of ft Contract. CONSULTANTS services shag mast a standard of care for Wiessional engfilmWing and related services equal to the standmd of care for anginearing Boymm Beath Utilities-creftem corwhing SCMMS YS CLEANrINAL C-16 Page 195 of 473 prow at Practicing under simillar condWris. In autbmitfing Its response to the RF ,CONSULTANT has representat!to CITY thait certain kWWdu*gmpioyed by CONSULTANT shall provitie services to CITY Pursuant to this Cartrea CITY has rded upon such relmsenMms. Therefore.CONSULTANT shall not change Me designated Project Manager!or any project: without thea written appmal of the CITY,which consent shall not be unreasonably withheld. ARTICLE 6-MMMJAM MMRJLAM 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, takhfully observe and comply with SR federal, stift and local ]aws, ordnances and regulatkmthal are apocable lathe services to berendBred under this Contract sW review and comply with lows,regulalkne,codes BW standards in eftd as of the date of this agrewent that are appilcable to CONSULTANTS sovices ands eMOdw WafeWwal Care arx! judgment to comply with mquirewrients Imposed by governmenIM suftwitles hv&Q Jurisdiction mmr the project Should dunges In any law,ordinance.or regulattm rewA in Irwreased costs or delep to services rwxkwW,both parties agree to an equitable acquEbwO to schedLfts and prices. ARTICLE 0-IHQWKF1CA3JgX 0.1 Subject to the limiting mMdons of Florida Statute 725.08, CONSULTANT shah Indemrify, and hold harmim the CITY,Its offices,agents and employass.from and agakwt any and d Wass, or any portion Ommot, Including reasonoble altorneW fees and coft.arfaing from Injury or death to persons,including injuries. sickirms, disease of death to CONSULTANTS am wnployess, or d to property to ft extent caused by negligence, reddessneas, or klentionally wonglul conduct of CONSULTANT or other persons einployacl or utilized by CONSULTANT in parkormanm of CONSULTAW6 dulJw Neither pity to Ns Contract shall be Kable for any special, Incidental. Indired or consiquentm dwWws of any Wad,Inolucling but W linited to lost proft or use that my rewA from this Contract or out of the services or goods(wrilshed hereunder. 9.2 To to greatest extent permbed purawnt to Section 725.08, Florida Statutes, CONSULT Ind tion obligation W= providing servioes to C" shall not exceW the value of CONSULTANI's total compenation. Such obligation *W not be conafted to negate, aNidge or atheirwise reduce Other rights or obligations of Indainrift which would offierwise add a to a party or pwwn described In gilt Artide. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING ASA AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT apyrsw Bmh Ualkits-oetbeml Consulting Services V.5 CLEAN FINAL C-17 Page 196 of 473 ARTICLE 1 -j 10.1 D JMV the perlomnance of the services under this Contract,CONSULTANT shop maintain the following insurance policies, and provide certificates of insurance evidencing such coverdges &W Mmits, wW shall be wrMen by an insurance oompany authorized to do busirms bus" in Florida 10.1.1 s Compensation Insuranw. The CONSULTANT WW procure and rmhWn for the lire of the Contract,fteomrs Compensation Insurance coverkV all es wKh limb mading an a e staft and faderal CONSULT shall [rmftde the Woftes Compensation and EmploWs Liability Insurance raWramerds In Its akwftacts, This coverage shall Iniclude EmpWftft LJabft with Wnft meaft all applicable daft and kderal laws, This coverage must extend to wW sub- CONSULTANT that does not have their own Workees. and EmploWs Liability Insurance,unless not reqL&vd by statute. The polity muss containa r o(subrogation it firior ofth®CITY of Boyrfta Beach, executed by the insurance company. 14.1.2 Comprehemlva GenWW Li2W. The CONSULTANT R procure vW malr4aln Tor the Ifo of this Contract, Insurom, This covwap shag be on an'O `basis. Cwwap shall Irxd;rde Promises and OpersOmw I utas,Products Compledled Operations&W Cantrectual reference of Article 0, "Incl tlima ' of this Contract This policy shag provide euvecap for death, nal injury or praprty damage that could arlse dkwW or Indirectly ftm CONSULTANTS negligest polarmarm of this AgrearneM CONTRACTOR shall malnWn a mhsimum cmasge of $1,000.000 per axamoe and 11.000.000 aggregate for personal lnjuryt 'and i11, egg ate for property darnap. The general kWW Insurance V include the CITY as an xMitional Insumd and sW Include a caneeflabon of the policy upon thirty(31))d r wMan notice to the CITY,except for cancellelion due to non-payment of premium. 10,1.3 Busirms AubmrmAft LjWWRty; The CONSULTANT shag Procure and maintain, for the We of this Corftd, Business Automobile Liability insurance. The CONSULT m a $1, single liimlit for bodly ' ry and property damage Ilablifly to ~the CONSULTANT from dalma for damage for bodly and pencrial Injury, including death, as well as from dairm for property damage.whlch may wise from the owneraW use of makkamce of owned and no aularnoble, 'rduded rented aukamblive whadvar such opeMons be by the CONSULTANT or by wyone directly or indirectly wnployed by the CONSULTANT. 10.14 Profixisional Llsbft (Er ) Insumnew The CONSULTANT t procure and ma n for Ihe life of this Contact In the rrdnimurn amount of$1, ,000 per clefrWannagate. Boymm Beach UVIDJes-GwwraI CommAdTg 6a vien VS CLEAN FINAL C-18 Page 197 of 473 10.2 it stroll be the nmpomlbMty of the CONSULTANT to ersure that aM sub. CONISULTANTS comply with the sarne insurance reqtiremerrig rafamced*me. 10-3 In the p4ment of the CITY, prevailing conditions warrant the pmvisk)n by the CONSULTANT of addlitionel liabft Inswunce coverage or coverage which is tiftent in kind, the CITY resoves the right to require ft prov(sion by CONSULTANT of an amount of coverage dIfferW born the amounts or " pmviouidy required and shall afford written notice of ox;h change In requirements thirty M days prior to the des on ~ dw requiramerris shall take efta Should the CONSULTANT fall or refuse to eatialy the requirement of changed coverage wWn the"(30)days following the C17YB written notice.the CITY. at Its sole option, may terminate the Contract upon wrftten noks to the CONSULTANT,sold terry4n2flon taking~on the date thatthe required charge In policy coverage would otherwise take effect. 10A CONSULTANT shall,for a pedod'of Mo(2)yam folloWing the termhatIon of the AgreemoK maintain a'tall coverage'In an amount aqual to dtat described above If cwmige is not otivenvilse renewed for C"nprebertalve Liablilty Insurance on a deft-madie policy only. ARTICLE 11 091—POMMMUMMM 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an indeperttlent CONSULTANT with respect to the services provided pursuant to this Contract Nothing Ire this ContirW altall be considered to create the relabortft of employer and employee bahmen the parties hareto, Neither CONSULTANT nor any empWm of CONSULTANT shaff be ariffied. to any beneft accorded CITY empiloymn by virtue of the services prwAded under this Contrar.L The CITY shall not be responslible for wNtmiding or otherwise deducting lederal income in or social security or for contributing to the stale Industrial hourance program, othervilse assuming the of an employer with respect to CONSULTANT,or any erriployse of CONSULTANT. 11.2 CONSULTANT admWedges and undeFsUMr. that as an independent CONSULTANT puntuant to this Agreement, CONSULTANT shelf comply with Chapter 119, Florida Statutes,as amerWed(Public Rewrdsk CONSULTANTS obligation Includes. but Is not limited to CONSULTANT'S obligation to pieserve public recortis wW make public records evallable to third parlin In addillon to the CITY. ARTICLE 12- 12.1 2-12.1 The CONMTANT wamants that he has not employed or retained any company or perstmi,other thane bonaffft empkiyea vmriting solely for ft CONSULTANT, to WWI:or secure M Contract,and that he has not paid or agread to pay any coft"ny or person, other thari a bonaffle enVloyee waddng solely for the CONSULTANT, arty 16% ownisdori, perooritage, brokaMe fop, gifts. or any other oDneWeration cor*Vwd upon or resulting lirom the wwd or maltirg of ffft Contract For breach or viclation of this warrenty,the CITY owl how the right to annul lihis Contract without halbility or,Wi Its discretion to deduct hom the oxftd BWtori SmA Utilities-Gen"Conoffinj Savim V-5 CLEAN FINAL C49 Page 198 of 473 price or consideration, of otherwise: recover, the full amount of such fee, commission,perceintage,brokerage fee,gift,or contingent fee. AFMCLE 13—TRLMMMj2QnLTMjEFMRgAjg 13.1 Execution of this Contract by the CONSULTANT shag act as ft ewcudon of a trulth-Irraegotledon certificate cariff" that the wage rates and coft used to daftw"the compeontion provided for in this Contract Is sommm, complete, and curnsnt as of the date of Ove Contract. 13.2 The wk rates and cost shag be adjusted to exclude any sign Mewt sums should the CITY determine ftt Me rates and costs were increased due to Inaccurate. inconViete,or non-curraot wage rates or due to Inaccurate reprewr6ftris of leas paki to oulside CONSULTANTS. The City shall exercise its rights wider this 'Cafficate'w0h one(1)year following pffyment ARTICLE 14,81 ljl1g2KM&MMg 14.1 The CITY reserm the right to accept Ift use of a SUB-CONSULTANT orto MJW the selection of a particular sub-CONSULTANT and to Inspect all ladbles.of arry SUB-CONSULTANTS In order to nWw a deWrninefion as to the cqmbft of the SUB-CONSULTANT to peftm property under ft cor&ad The CONSULTANT is encouraged to SM* boal vwdom for participation In subcontracting opportunities. tfgw CONSULTANT uses any sub CONSULTANTS on We pr*d On follovgnq provisions of this Article shag apply. 14.2 It a SUB-CONSULTANT laft to pedbrm or make progress, as required by this Contract and it Is neamery to replace the SUB-CONSULTANT to complete the work Ina timely ferAIDn, the CONSULTANT shah promptly do so, aLtiact to accepum or the new SUB-CONSULTANT by the CITY. The subdtWon of a subcontractor shall not be adequate cause to excuse a delay in the perfarmenos any on of Oft contract as ad forth in the Scope of Work. 14.3 The CONSULTANT, Its SUB-CONSULTANTS, agents, swvwft, or empiqla" agree to be bound by the Term and Conditions of this Contract end Wa agrownwd with the SU LT for work to be perfbnrmd for the City the CONSULTANT must incorporate the term of ft contract. ART11CLE 16-INDMI 15.1 The CONSULTANT,wbh regard to this work paftffned by it under M Contract WIJ not discriminate on the grounds of rem color,national origin,reftion.creed, op.wx or the presence of any physical or serwory handicap in the sellection wW rebmtIon of employees or promirement of materlift or supOles. A"CLE If-AN 16.1 The CONSULTANT shall not sublet or anion any of the services covered by this Contract wWuxd the express written corwerd of the CITY. Boynm Beach Udlifies-GcmmW CcmultinZ ScrAms VA CLEAN FINAL C-M Page 199 of 473 ARTICLE 1 - 17.1 R Walver by either CITY or CONSULTANT of any breach of shall not be b ng upon the waMW party w4ess such wahw Is in moV. In the mom of a Written Waiver. such a walver shall not affed the waiving pwys fights with nmped to any other or fuMm breach, The maft or accepurnm of a payment by either party with kroulacige of the existence of a defoult or breach shall not OPRraft or be condrued to operate as a welver of any atknequent deftult or ARTICLE S8—TER JMMMM 18.1 11anluft for : This ad may be terminated by the CITY for convenilence,upon tan(10)daya of written notice by the taTninatirig party to the other party for such*rninetion in which event the CONSULTANT shall be paid its campensation for services performed to termination doe, including services reasonably to termination, IntheeverdlihattheCONSULTANTabandons the Contradorcausesittobeterminated,CONSULTAIVI-shall Indemnify Im CITY agalrW Joss peftlnbV to thlis 18.2 11m2mgm far Default In addillm to all Other rernefts avellableto the CITY,this Contract shall be suWd to carceffation by the CRY for cause. should the CONSULTANT neglect or fail to perform or obseirve any of the material tarme, pravielons,condiftiom,or requ' ,if such ne&d or failure MftUe fare WW of thirty(30)dar Mer receipt by CONSULTANT of written notim of such nogkwt or Mure. In the event of of other nmftft breach of this C4nftd by CITY, the Contract Is to camelLation by CONSULTANT should such condition continue fora period of My(30)days after mosipt by CITY of wften notice of breach. ARTICLE 19—plfin=ANQ YfiMM 19.1 Any dispute arising out of the terms or conditions of d dial be adjudicaded wliffiln the courts of Fbdde. Further,tNs Contract shell be construed under 'ms, disputes matters. ki quesibn berm= the parties to Ift Contract arlshg out of or relaft to this Contract shall be In a court of law. The CITY does not omsent to mexiiation or arbitraft for any mew awmected to this Contract.The parties agree arry action arleft out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UMMbafflLtaWF 20.1 Neither the CRY nor CONSULTANT shall be considered to be in default of this Contract IF delays in or falkrre of parkwmance shall be due to Uncorttliable the effect of%filch, by the exwcW of reasonable d91g non- Ing party could not avoW. The e ForcW shot mean any event which results in the prevention or delay of perforrnance by a of its jmder this Contract and which Is beyond tW reasonable cor&d of the rim-perilomft party. It Includes. but Is not limited to floe, ftocl, storms, ightrift. opkiem1c, war, ft civil dxhAmnoe. saboNgs, and Boyam mlewh Mid=-General Conwhin=Servica. G-21V3 CLEAN FINAL Page 200 of 473 90VOMMental actions. In such circumstances, parties @Wm to an equitable adjustroent of schedules and 20.2 NeftW party shall,however,be excused from petformance if non-performance due 110 forms whlch are prewentable.rernumble,or remotable,and which the non.. pwforaft party could have,with the exercise of reasonable diligence, or remedied with reasonabledispatch. Then ny shall, within a reasonable time of beft prevented or delayed from performanca by an u mitten notice to the other paity describing the cirmnshmaes and uncordrallable forces preventing condnd peribrmance of the obligations of this Conbad. ARTICLE 21--CITY-PROVOM INEQBMMQN AND MBMM 21.1 CITY shall furnish CONSULTANTavailable studies, mpoft and diver data partined to CONSULTANTS sWoM oblWh or suMorize CONSULTANT to obtaJn or provide mWitional reports and clata as to CONSULTANT services of others required for the parfonmance of CONSULTANTS services hereunder, and CONSULTANT shiall be arditled to use and rely upon all such Info on and services pvvided by CITY or others In performing CONSULTAWS swvIoes.under CLL 22—MEM&M&ND FSMSMOKS 2211 In providing opinions of coat flnandaT analyses, econornic feasibility ns, and scivedulas for potentiad projedB,CONSULTANT has no control am cost or Wkv of labor aind material:unknmm or latent conditions of existing eqtApmmt or shxtures that may~operadon and maintenanoe ;compefte bidding proceduresand rnarkst conditions;time or quality of performance of third parties; quality, type, mevagment, or diredion of operating ; and otheir ecorxxmc wW operational factors OW may nufavially affect the ubnate propct cost or adisdukL Therefore,CONSULTANT malms no wwranty Oud CM05 actual Project al aspects. economic leasbililly, s will shot vary CONSULTANT'S opinions, ,or estirnates. ARTICLE 23—THRD P 23.1 The services.to be perfonned by CONSULTANT am Intended solely for the benaft of CITY.No pan=or entity net a sighatoty to Vft Agreement shall be enMW to rely an CONSULTANTS performance of its services twrounder, wW no right to soon a dalm against CONSULTANT b7 t of indemnity MWW or oftrwise 11 accrue to a third party as a result of this Agrawnerd or the performance of CONSULTANT'S smvfcm hereunder. Whics-G&IMIConsoking5 ' C-2Z V3 CLEAN FFNAL Page 201 of 473 TI 24.1 AN nukes required in this Contract shall be sent to the CITY and shall be nWed to: Cftof Bo ntoo ch !G to � Attn;Utilities Director lit r of t ri Bich i 124 E.W M Roadt Services i3 n cb F1 F oBO x a .e 310 on Basok Ft.33425 AM Notices to CONSULTAW,&a be saM to the folltmft address: ��^ htArchit�� _lnc 100 lE B Meal Suite 102 LBWtarf t1LE 26«I a uT 25.1 This Contract,together with the RFQIRFP wW any addends andfor atechrrienis, reppments the ardire xW integrated agreenwit bsWAwn the CITY and the CONSULTANT and supersedes all prior ncooftfions, representaftis, or agraernants written or oral. This Contract may be a by wirillen ent skjned by both CITY and CONSULTANT. 25.2 In event of a cta pravision of this Agreement and a provision of an individual Took Order,the provision of tate Took Order will control. 29-§QMMQN MRMIJY 28.1 CITY Is a political subc1tvislon of the State of FkMa mid enjoys sovereign immunity. No#ft In the Agreement is Inknded, nor shall be consfted or Iriterpralled.to waive or modify theinMunities arid limitations on ' fty pvvided for In Section 701126.Rarldo Statute,as may be amended from Vm to , or To the contrary.ab ternis and provisions catained in the Contract or any d1sagreenwvt or doxile oorkaWng it,shoill be construed or resolved so as to insure CITY of tha Imitation liabMW Movidled to any sucomor statute Imeof. To the corfirM,A Wras and provisim conlaMed in ate Contract,crony disiMmernwe or d it,shall be cormtrued or resolved so as to Insure CfTY of the limitation to the Stifta suwvlskux by state low. 26.2 In connection vft any litigation or other proceftrmga out of the Cwdract,the prevalling party shall be eniffled to recover its&Am costs wW aftorneyfew thiragh and incluiditV any appeals and any post-judgmerd procesdirVe, MYS11WIllyfor coW and aftmeya few,however,shall not alter or Wepm CI t to BoyUtilities-oamral Comulairg Services V.S CLEAN FINAL Ce23 Page 202 of 473 awuiweign immunity, or extend CITY'S liability beyond the Imb established in Section 760.28,Florida Statutes,as ameridad. ARTICLE 27—EoUgMoRoa 27.1 The City is public agency subject to ChqtcT 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law, Specifically. the Contractor shall. A, Keep and maintain public records required by the CITY to prwform the service: B. Upon request front the CITY'S custodian of public record&provide the CITY with a copy of the requested records or allow the records to be in or copied within a reasonable time at a cost do does not exceed the cost provided in chaptw 119.Fla,Stat,or as ose provided by kvr C. Ensure that public records that are exempt or that are confidential and exempt friva public to dMosure requirements are not disclosed except as audiorizod by law for the duration of the con trad term and, following completion of the amtrscC Con shall dcouy all copies of such confidential and exempt records remaining in its possmion once the Contractor transfers the records In Its possmicin to the CITY:and D. Upon cm pledon of the contract.Contractor shall transfer to the MY. at no to the CITY,all public recordsin Contractor's possmion All records stored electronically by Con mum be provided to the CrrY,upon request from the CRY'S mistodian of public records,in a ftirmat that Is compatible with the inforaudian technology systems or the CRY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO TEE CONTRACTOR"S DUTY TO PROVIDE PUBLJC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODLAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORID.A.,33425 561-742-6061. PYLEJQBBFLUS B"an Bach utilida-rwncmt Conuitini Servicu UCLEANIFINAL C-24 Page 203 of 473 Article 28-LIMITATION OF LL4LBILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREF TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT. ITS PARENTS. AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS,OFFICERS. SHAREHOLDERS AND EMPLOYEES, VCONSULTANT'S COVERED PARTIES'J. SO THAT THE TOTAL AGGREGATE LIABILTtY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANTS SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACT-TONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS IkEQU BY LAW. IN WfrNE88 WHEREOF,the parties hereto have execuW th Is Contract in multiple copies, each of which shall be considered an original on the following 4ates., DATED this -1) day of.,2�L its-i 20 CITY OF BOYNTON BEACH Ci na9w CONS Attest/Authenticated: Title 'A Zell X,A App f.9 ci t Fnm AttmVAuthenficatmi: 0 A m rdaFy Boymn Beech udlifics-Gmasi Corpsuldng Smim V.5 CLEAN FINAL C-a Page 204 of 473 EXHIBIT SCOPE E-FEE SCHEMLE a i Flimm Ardftd ... . 4X120 -Alms KWd Amhnb 00 Law ox"A ) m it _A3m&MW Amfdmk T@dWWMv e doWsy wvm Ind be Ww at cad Boynton Beach Uriiizim General Consulting Strvkts V3 CLEAN FWAL C`26 Page 205 of 473 ——-------- EXHIBIT"B" Cky of Boynean Beach is Men Deparmefie INSUP-4MCK ADVISORY L-ff%D%ff VAdff*0 Wfus OW CODMORN of Mit ECOMMU,kaws,WK1 SWUMMM d-C1W MTfira mppmpr*c coverMa fisahW thr CfW of Bovaton Dench a AdMonal Inumucl.This is dow by prknidng at Canificme of k%mace ljogng%k City as Tmarkm HoWil ad'M CLq of Boynton Beach is AMWWW lffawW as mVea tom wmpmlm psmidbW Imsurwee wvaVn mug have a cumml reft ft A.M.Bw Co.of-B+-or hillfw.(NOTE: .4v kmvwwv Luww or akkp-mW br The Wlaw!4 up 1narq7a ofinwmice rcqWrcd Ofummumm laws,etc.MW the limas required by the City; (NIWE: raserves The rijol to rsqWw add kknal Mw olimurvow.or to niff orkwu the slaw pow hand sipon Mcniffind rhkl IM IM JOodurence Based Onljj General tjwrq Omwal AWasua 5 LO06A0D90 Commercial Genn!W LWlity P-bcWC-q*'Op AM S 0.00DAMM owmn&conumwes Proaoc6ve(ocp) FwuzW&Adv.Injury $IJODAM.00 Liquor uAwIlky Each OCCUUMM S L000ADD.00 Pmjluluuml I-Mlily Fire Dernip(anyone fim) S 50.0M0D EMPIO)vcs A Offlem Wed.Expmw jany om Imam) Motion Liability A*uios AboAmcrut I zad AbaWaM Brow Form VOTAM Prembes Operations UndupvwA ENOUSIOn&colwu Pro&=Convitud Opwalau Ow"WAI k4elmmicru Convacturs BMW Fam trupov DMUF FwC Law Iilky Aumwbik U 'Hty Cou6Lrmd Singh LWilt 5 SOD.000.00 Any Auto Bodily Wary(p-p—) to be da"NdrAd All G%TiW Astm Bodily t4wy(Por OMWM) to k detumdood ScWwted Aums Pw;wrly D-Aw to hm detwWrLed Hired Awns TruilerlatmhMp 5 SO .00 Nor�Chwwd Antew PIP 11,15ic Interaw" Coralse Lbbiht3- Auto Only,Each Accidcut 3 I.M9011.00 Akv Amin Odw 11M Amoonly S NOMAD C-46 Keepm UaWfity Each Acchicat 5 IAM .00 AWrilov S1 00 Exam ummuly Each Oocurrmor No be ddAWned Urobtella Form Aurq*c io be dirwrnined worbut Caq"adm SWMLINY 11WIS Employer's Liability Each Aodden 5 tMOMM poffey Limit S M&M-00 Disc=Each Employee 5 100-M-00 proporlY HoaKo%viers Revocable Varmil S W-GOOM 81111does Ri* urnits bmw an proded Coo Wer- AsRisk itlentifigel to be determined Boyraw Sexh UdIbm-Cienuil Co ng Svvx= V.5 CLEAN FINAL C-27 Page 206 of 473 EXHIBIT"C" PERFORMA E EVALUATFON.FORM CONST&TING ENGINEERS ® C affirm. x 'on: Eu 5 Ice; 4(Check One) Pl aan> Z4y'AdiAry,AepsaM Other tE4'� ) 'miu Bid res �. 1 F]rW Docum ut a Award Cam on 1'h Lanwidion 2 s NarpeofProject: d �� o , 3.Pnyo Mans _ CONSTRUCTION CONTRACT DATA 41 a enetr s esti S 1 Final Cost S b Constnu3wn�ur letrorc c Fm:d C 'on Cnc;i�dlion l7ete _ , —�— � _ 6. Qveralf Rating 3 fChrekone) � Uivatisfactdy Pod- '�fish _ Onod _.....n- ' Excellent i __B®..__mrnded r P Cir 7 Yes e No f CorAtional depnUFd rNpl ion on a seomra Of mom., 9 S� Narr�e�fideand o f rpon.V,aflicer e x Utihuts Dlrtd riry �q,9... _t Sirs of ratla,(nofticer: mm_ _ „ ,n, Boymn Beaeb Utilities-General Consulting Savim Y.S CLEAN FINAL C-20 Page 207 of 473 EXHIBIT"C" PERFORMANCE V FORM C014SULTING ENGINEERS(CONTINUED) DESIGNMNGINEERING SERVICES AND PRELIMINARY DOCUMENTBID P 7 PHASE Rate nwriericaltv 1 to 8 with 6 boltve l, t scons NIA t 2 ons 3- 1 4f pe s fi "2 Jim- 5 5 Tknelrien of.. s. ..uuu.. 1 2 ""3 w1 4 - 8. `Plans deaddetelied _ `t�,1�2 3 4 5 7 •Par accur�r 1 �7 3 4 ._.S_ *Prehmho ry aftinlawwfirnked sUl nwkWevalusUmof Wvels of daft,somracy,and toordinaWn behmen dWdphnes. ►1diUCb of wOrm offter ..o.......: FINAL DOCUMENT PREPARATION, ,9 AWARD BY CONSULTANT Rge nu eri li 9 with Ing Ow highest scom NIA 9. 9„ 1 3 4 �5 2. S a ° 1 2 3�. 4 0„ 5 S r .Nof 12 13 4 5 "eu&pmerls whin aro ,inssr's mornate 1 13 4 5 5 attitude 1 2 3 4 S $. Timeliness oT s + 2 4 w 5m 7. P Id rtid bon _, € 1 12 39. 4 5 F mon Orme 1 2 3 4 5 10 4 .� Mame and tide of ratirrp officer a Lkdihes f]in�Ctor „ .. m , & nature of r-0s officer: Boyntm Beach utilwa®cumemi comidug Swvkcs V.5 ci.EAN FINAL Page 208 of 473 X IT"C^ PERFORMANCE EVALUATION FORM CONSULTING ENG (CONTINUED) CONSTRUCTION PHASE COMPLETION �;. Rate numeri �1>0 6 b n the hi a ; A n w 1srdxt True Cond''_s 1 2 8 4 5 3 Des' n,Constructalliliiy' „" 1 2 2 bin d I } 2 34 5 4 aka at--�Proceselria Submiftwis 1 23 4 5 I 111111117 5 uctfg„ t Avalabilw 1 4 5 B.__ .� »»», u Ianti fns 1i s T12 S . 5 7 of j ^Services 3_aL Co n in ion ; 3 �� 5 f'r ion Raw3 410 Vp oEC 1br 3 4 S u, „. 11. DW Coraultard prmWe sufficlard copies of signed ®(( plans to aBDw for and apprwM by an t1 2 13 4 5 12. ,ENd the Cons&wg acihnly parddpate in .. overcoming problems with the Contrac W,Building 1 2 3 4 5 g Officials arwor R m 13 Change Order Proassft( racy,Timeliness, 1 2 3 4 5 —etc.), _-� ... s, 14, Did the Consultant exercise gdetfiunte'effcctirrg coordhaBon wW control of s)or 1 2 3 4 5 #" dah s MM and c asi 15. Ii to of Name Mile of ratinnp officer fen UEn Dir r Sri a1 ratln MFica „u. Boynton Ilii lints-General CeNtsullirrg 5pvipee V,5 CLEAN FINAL C40 Page 209 of 473 EXHIBIT"C" CONSULTINGPERFORMANCE EVALIJAMN FORM I (continued) PLANNINGISTUDY ACTMW,REPORT,OTHER Rate�. I !! hest,,scare WA or Fri 1 �„ „ � _ racy f t Y m � consukam acavely p9rudpate in prow 3 ... f. ti 1 2 .. _._ _.. Pf l 0a t r _ r(to-Mites Exrectm. Boyam Read Utilities-Ge Co=ltingSwWccz V3 CLEAN FINAL G31 Page 210 of 473 6.E. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R20-003 -Authorize the City Manager to sign agreements with the four (4) pre-qualified contractors: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Giannetti Contracting Corporation; and Florida Design Drilling Corporation in accordance with Request for Qualifications (RFQ) No. 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services". EXPLANATION OF REQUEST: On August 6, 2019, the City Commission approved four (4) pre-qualified vendors to perform minor utility- related projects costing less than $300,000 (three hundred thousand dollars) as part of RFQ No. 028-2821- 19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services." The four (4) pre-qualified vendors are: Johnson-Davis, Inc.; Centerline Utilities, Inc.; Giannetti Contracting Corporation; and Florida Design Drilling Corporation. As part of the approval of the pre-qualified vendors, a sample agreement was included with the agenda item. However, the sample agreement did not include reference to Boynton Beach Utilities'standard contract documents, general conditions, special/supplemental conditions, technical specifications, or construction standards and details. Staff requests authorization for the City Manager to enter into agreements with the four (4) pre-qualified vendors to include these contract provisions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By utilizing the pre-qualified contractors to perform minor construction projects, the City will be assured that experienced utility contractors will complete the work as bid. FISCAL IMPACT: Budgeted There is no fiscal impact as a result of this approval. Individual projects will be authorized based upon the prevailing construction project financial guidelines. ALTERNATIVES: Not approve the agreements. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 211 of 473 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreements with pre- qualified vendors with specifications D Agreement Johnson-Davis Agreement D Agreement Giannetti Agreement D Agreement FIL Design Drilling Agreement D Agreement Centerline Agreement Page 212 of 473 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN AGREEMENTS WITH THE FOUR (4) PRE-QUALIFIED 6 CONTRACTORS IN RESPONSE TO RFQ NO. 028-2821-19/MFD 7 "PRE-QUALIFICATION OF CONTRACTORS FOR MINOR 8 UTILITY CONSTRUCTION SERVICES" FOR UTILITY 9 PROJECTS UP TO $300,000; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS,on August 6,2019,the City Commission approved four(4)pre-qualified 14 vendors to perform minor utility-related projects costing less than $300,000; and 15 WHEREAS, the sample agreement previously approved did not include a reference 16 to Boynton Beach Utilities' standard contract documents, general conditions, 17 special/supplemental conditions, technical specifications or construction standards and 18 details; and 19 WHEREAS, staff is requesting authorization for the City Manager to sign 20 Agreements with the four (4)pre-qualified vendors to include these contract provisions; and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon 22 recommendation of staff,hereby deems it to be in the best interests of the citizens and residents 23 of the City of Boynton Beach, to approve and authorize the City Manager to sign agreements 24 which include specific Utilities standard contract documents, general, conditions, 25 special/supplemental conditions, technical specifications or construction standards or details 26 with the four(4)pre-qualified vendors:Johnson-Davis,Inc.; Centerline Utilities,Inc.; Gianetti 27 Contracting Corporation; and Florida Design Drilling Corporation in response to RFQ No. 28 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services" 29 for utility projects up to $300,000. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreements\Minor Utility Construction Services(With Specifications) -Reso.Docx Page 213 of 473 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing"Whereas" clauses are hereby ratified and confirmed as being 33 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 34 Section 2. The City Commission of the City of Boynton Beach, Florida does 35 hereby approve and authorize the City Manager to sign agreements which include specific 36 Utilities standard contract documents, general, conditions, special/supplemental conditions, 37 technical specifications or construction standards or details with the four (4) pre-qualified 38 vendors: Johnson-Davis,Inc.; Centerline Utilities,Inc.; Gianetti Contracting Corporation; and 39 Florida Design Drilling Corporation in response to RFQ No. 028-2821-19/MFD "Pre- 40 Qualification of Contractors for Minor Utility Construction Services" for utility projects up to 41 $300,000, copies of which are attached hereto as Composite Exhibit"A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 44 PASSED AND ADOPTED this day of , 2020. 45 CITY OF BOYNTON BEACH, FLORIDA 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 66 (Corporate Seal) S:\CA\RESO\Agreements\Minor Utility Construction Services(With Specifications) -Reso.Docx Page 214 of 473 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and JOHNSON-DAVIS, INC., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/M FD. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. The Documents hereinafter listed shall form the Contract and they are fully a part of the Contract as if attached hereto: 2.1 Invitation to Bid 2.2 Instructions to Bidders 2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, and all required certificates, affidavits and other documentation. 2.4 Contractor's Performance and Payment Bond 2.5 General Conditions for Construction 2.6 Special / Supplemental Conditions 2.7 Technical Specifications 2.8 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utiIities/new-construction) 2.9 Drawings specific to each construction project Work performed under this Contract shall be in accordance with this Boynton Beach Utilities Standard Contract and Construction Documents. 3. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 2115 of 473 Revised 12/2019 3.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process Applications for Payment as provided in the General Conditions and as follows: 3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30) calendar days on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. 3.3 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 3.5 Prior to Substantial Completion, progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3.6 Contractor shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 255.078). 3.8 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 3.9 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page i16 of 473 Revised 12/2019 SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated Damages and costs incurred by the City for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 3.10 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by the City and/or Consultant as provided in paragraph 14.10. 4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 5. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 6. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 8. OWNERSHIP AND USE OF DOCUMENTS: All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 9. COMPLIANCE WITH LAWS: CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 10. INDEMNIFICATION: In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 217 of 473 Revised 12/2019 agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. 11. INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 12. INDEPENDENT CONTRACTOR: CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 13. COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHIBITED; The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page�18 of 473 Revised 12/2019 15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 16. 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. 17. TERMINATION: a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 18. 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. 19. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Scott J. Johnson, President Johnson-Davis, Inc. 604 Hillbrath Drive Lantana, FL 33462 Contact#: 561-588-1170 Email: siohnsono_iohnsondavis.com 20. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 2519 of 473 Revised 12/2019 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 I 22. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page hO of 473 Revised 12/2019 "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." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7 Revised 12/2019 Page 221 of 473 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and GIANNETTI CONTRACTING CORPORATION, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/M FD. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. The Documents hereinafter listed shall form the Contract and they are fully a part of the Contract as if attached hereto: 2.1 Invitation to Bid 2.2 Instructions to Bidders 2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, and all required certificates, affidavits and other documentation. 2.4 Contractor's Performance and Payment Bond 2.5 General Conditions for Construction 2.6 Special / Supplemental Conditions 2.7 Technical Specifications 2.8 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utiIities/new-construction) 2.9 Drawings specific to each construction project Work performed under this Contract shall be in accordance with this Boynton Beach Utilities Standard Contract and Construction Documents. 3. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 222 of 473 Revised 12/2019 by the City. 3.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process Applications for Payment as provided in the General Conditions and as follows: 3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30) calendar days on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. 3.3 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 3.5 Prior to Substantial Completion, progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3.6 Contractor shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 255.078). 3.8 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 3.9 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page H23 of 473 Revised 12/2019 c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated Damages and costs incurred by the City for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 3.10 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by the City and/or Consultant as provided in paragraph 14.10. 4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 5. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 6. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 8. OWNERSHIP AND USE OF DOCUMENTS: All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 9. COMPLIANCE WITH LAWS: CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 10. INDEMNIFICATION: Inconsideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 224 of 473 Revised 12/2019 indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. 11. INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 12. INDEPENDENT CONTRACTOR: CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 13. COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHIBITED; The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page h5 of 473 Revised 12/2019 15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 16. 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. 17. TERMINATION: a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 18. 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. 19. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Richard Gibbs III, President&Treasurer Giannetti Contracting Corporation 1801 NW 18th Street Pompano Beach, FL 33069 Contact#: 954-972-8104 Email: richieflgiannetticorp.com; bob(a_giannetticorp.com 20. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 226 of 473 Revised 12/2019 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 I 22. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page h7 of 473 Revised 12/2019 "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." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7 Revised 12/2019 Page 228 of 473 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and FLORIDA DESIGN DRILLING CORPORATION, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/M FD. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. The Documents hereinafter listed shall form the Contract and they are fully a part of the Contract as if attached hereto: 2.1 Invitation to Bid 2.2 Instructions to Bidders 2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, and all required certificates, affidavits and other documentation. 2.4 Contractor's Performance and Payment Bond 2.5 General Conditions for Construction 2.6 Special / Supplemental Conditions 2.7 Technical Specifications 2.8 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utiIities/new-construction) 2.9 Drawings specific to each construction project Work performed under this Contract shall be in accordance with this Boynton Beach Utilities Standard Contract and Construction Documents. 3. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 229 of 473 Revised 12/2019 by the City. 3.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process Applications for Payment as provided in the General Conditions and as follows: 3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30) calendar days on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. 3.3 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 3.5 Prior to Substantial Completion, progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3.6 Contractor shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 255.078). 3.8 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 3.9 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page H30 of 473 Revised 12/2019 c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated Damages and costs incurred by the City for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 3.10 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by the City and/or Consultant as provided in paragraph 14.10. 4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 5. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 6. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 8. OWNERSHIP AND USE OF DOCUMENTS: All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 9. COMPLIANCE WITH LAWS: CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 10. INDEMNIFICATION: Inconsideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 231 of 473 Revised 12/2019 indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. 11. INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 12. INDEPENDENT CONTRACTOR: CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 13. COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHIBITED; The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page h2 of 473 Revised 12/2019 15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 16. 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. 17. TERMINATION: a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 18. 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. 19. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Jeffrey Holst, Senior Vice President Florida Design Drilling Corporation 7733 Hooper Road West Palm Beach, FL 33411 Contact#: 561-818-3228 Email: Jeffflfldrilling.com 20. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 233 of 473 Revised 12/2019 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 I 22. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page h4 of 473 Revised 12/2019 "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." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7 Revised 12/2019 Page 235 of 473 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CENTERLINE UTILITIES, INC., hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform minor construction services in connection with the RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES; RFQ No.: 028- 2821-19/M FD. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.287.017) costing less than $300,000.00 (three hundred thousand dollars). These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the solicitation, or task order. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. The Documents hereinafter listed shall form the Contract and they are fully a part of the Contract as if attached hereto: 2.1 Invitation to Bid 2.2 Instructions to Bidders 2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, and all required certificates, affidavits and other documentation. 2.4 Contractor's Performance and Payment Bond 2.5 General Conditions for Construction 2.6 Special / Supplemental Conditions 2.7 Technical Specifications 2.8 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utiIities/new-construction) 2.9 Drawings specific to each construction project Work performed under this Contract shall be in accordance with this Boynton Beach Utilities Standard Contract and Construction Documents. 3. PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 236 of 473 Revised 12/2019 3.1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process Applications for Payment as provided in the General Conditions and as follows: 3.2 Payment for the work provided by CONTRACTOR shall be made within thirty (30) calendar days on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. 3.3 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 3.5 Prior to Substantial Completion, progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 3.6 Contractor shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 3.7 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 255.078). 3.8 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 3.9 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page H37 of 473 Revised 12/2019 SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated Damages and costs incurred by the City for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 3.10 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by the City and/or Consultant as provided in paragraph 14.10. 4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 5. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 6. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. 8. OWNERSHIP AND USE OF DOCUMENTS: All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 9. COMPLIANCE WITH LAWS: CONTRACTOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. The CONTRACTOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three(3)years after the termination of the Agreement. Copies shall be made available upon request. 10. INDEMNIFICATION: In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 238 of 473 Revised 12/2019 agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. 11. INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent (10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 12. INDEPENDENT CONTRACTOR: CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 13. COVENANT AGAINST CONTINGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. DISCRIMINATION PROHIBITED; The CONTRACTOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page h9 of 473 Revised 12/2019 15. ASSIGNMENT;The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 16. 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. 17. TERMINATION: a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 18. 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. 19. NOTICES: Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: Attention: Randy Stringer, Vice President Centerline Utilities, Inc. 2180 SW Poma Drive Palm City, FL 34990 Contact#: 561-689-3917 x115 Email: randy(a_centerlineinc.com; neil(a_centerlineinc.com 20. INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and CONTRACTOR. 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page 2540 of 473 Revised 12/2019 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 I 22. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services Page U41 of 473 Revised 12/2019 "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." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Boynton Beach Utilities—Pre-Qualified Contractors for Minor Utility Construction Services C-7 Revised 12/2019 Page 242 of 473 6.F. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R20-004-Amend the FY 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Traffic Fund (103), Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 &404), and the Fleet Fund (501) for previous years Purchase Orders, unspent project budgets and transfer for Town Square improvement. EXPLANATION OF REQUEST: The FY 2019-20 Budget was adopted in September of 2019, before identifying all prior year CIP purchase orders - this occurs in late October thru December. As such, the FY 2019-20 Adopted Budget for various Capital Improvement Projects and the related account line items need to be adjusted to reflect outstanding FY18-19 purchase order encumbrances. This type of budget amendment is part of the annual budget process. The Budget adjustment will increase the Fund's total appropriation which requires City Commission approval. The City's past practice for all City funds is that any operating budget and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, we should re-appropriate these funds to provide the continued spending authority for these projects. Accordingly, during FY 2019-20 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. • The General Fund will be amended for Fund 001 from $96,358,776 to $96,437,589 due to prior year encumbrances for the Town Square Agreement. • The Traffic Fund will be amended from $1,356,009 to $1,974,334 due to a transfer to the Capital Improvement Fund (302) for the Town Square improvement project. • The Capital Improvement Fund will be amended for Fund 302 from$1,375,102 to $4,991,744 and Fund 303 will be amended from$7,060,424 to $9,366,412 all due to prior year encumbrances, available prior year project budgets, and Town Square improvements. • The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $16,381,500 to $30,960,339 and for Fund 404 from $9,850,00 to $14,591,275 due to both prior year encumbrances and prior year adopted budget. • The Fleet Fund will be amended from $8,962,586 to $9,666,417 due to prior year encumbrances and prior year adopted budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. Page 243 of 473 FISCAL IMPACT: See Exhibit A for a summary of the fiscal impact. ALTERNATIVES: Do not approve Budget Amendment. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution Approving Budget Amendment for POs and Rollover Budget D Attachment FY 19-20 Budget Amendment for POs& Rollover B udget Page 244 of 473 I RESOLUTION R20-004 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 VARIOUS FUND FOR THE FISCAL YEAR BEGINNING 6 OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; 7 PROVIDING FOR SEVERABILITY, CONFLICTS, AND 8 AN EFFECTIVE DATE. 9 10 WHEREAS, a final budget was approved by the City Commission on September 17, 11 2019, for the fiscal year 2019-2020; and 12 WHEREAS,the City Manager is recommending amending the amount necessary to be 13 appropriated for fiscal year 2019-2020 for various funds (see Exhibit A). 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof. 19 Section 2. Hereby amending the appropriated FY 2019-2020 budget for the 20 General Fund from $96,358,776 to $96,437,589. 21 Section 3. Hereby amending the appropriated FY 2019-2020 budget for the 22 Traffic Safety Fund from $1,356,009 to $1,974,334. 23 Section 4. Hereby amending the appropriated FY 2019-2020 budget for the 24 General Capital Improvement Capital Projects Fund from $1,375,102 to $4,991,744. 25 Section 5. Hereby amending the appropriated FY 2019-2020 budget for the Local 26 Government Surtax Capital Projects Fund from $7,060,424 to $9,366,412. 27 Section 6. Hereby amending the appropriated FY 2019-2020 budget for the Water 28 and Sewer Utility Capital Improvement Enterprise Fund from $26,231,500 to $45,551,614. 29 Section 7. Hereby amending the appropriated FY 2019-2020 budget for the Fleet 1 S:\CA\RESO\Budget\2019-20\FY2019-20 Budget Rollover Amendment Resolution-(Jan 7 2020)A.Docx Page 245 of 473 30 Fund from $8,962,586 to $9,666,417. 31 Section 8. A copy of such amendment and/or adjustment is attached hereto as 32 Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 33 2019 and ending September 30, 2020,to maintain and carry on the government of the City of 34 Boynton Beach. Funds are hereby appropriated based on the revised amounts to various funds 35 pursuant to the terms of the budget. 36 Section 9. All Resolutions or parts of Resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 10. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 7t' day of January, 2020. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven 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, MPA, MMC 61 City Clerk 62 63 (Corporate Seal) 2 S:\CA\RESO\Budget\2019-20\FY2019-20 Budget Rollover Amendment Resolution-(Jan 7 2020)A.Docx Page 246 of 473 CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGETYEAR 2019-20,Commission Meeting 1/7/20 2019/20 2019/20 PROJECT PO ADOPTED Amendment AMENDED FY18/19 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments GENERAL FUND 001-0000-359-91-00 FUND BALANCE APPROPRIATED 1,256,655 78,813 1,365,465 Adopted Fund Total Revenues 96,358,776 78,813 0 96,437,589 001-1211-512.34-55 TOWN SQUARE AGREEMENT 171295 0 22,000 22,000 Straticon 001-1211-512.34-55 TOWN SQUARE AGREEMENT 171333 0 56,813 56,813 Stantec Adopted Fund Total Expenses 96,358,776 78,813 0 96,437,589 TRAFFIC FUND 103-0000-389-91-00 FUND BALANCE APPROPRIATED 195,009 618,325 813,334 Adopted Fund Total Revenues 1,356,009 618,325 0 1,974,334 103-2110-521.91-31 TRANFER TO GENERAL GOVT CAPITAL FUND 0 618,325 618,325 Adopted Fund Total Expenses 1,356,009 618,325 1,974,334 CAPITAL IMPROVEMENT FUND 302-0000-381-01-03 TRANSFR FROM/TRAFFIC FUND 0 618,325 618,325 tied to Doughtery Funding 302-0000-389-91-00 FUND BALANCE APPROPRIATED 174,965 2,998,317 3,173,282 tied to Doughtery Funding Adopted Fund Total Revenues 1,375,102 3,616,642 0 4,991,744 302-4102-580.64-15 COMPUTER EQUIPMENT IT1801 0 0 95,000 95,000 302-4121-580.63-00 IMPROVEMENTS OTHERTHAN BLDG TSHS01 181254 0 2,365,943 2,365,943 Straticon 302-4121-580.63-00 IMPROVEMENTS OTHERTHAN BLDG TSHS01 191011 2,365,943 290,852 2,656,795 E21-Real Estates 302-4121-580.63-00 IMPROVEMENTS OTHER THAN BLDG TSHS01 2,656,795 0 618,325 3,275,120 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 191351 45,000 2,625 95,000 142,625 Alpha Fence Specialist 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 190577 142,625 2,550 145,175 Avirom&Associates 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 190908 145,175 49,444 194,619 Cintel LLC 302-4218-572.63-05 PARKS IMPROVEMENTS RP1820 191326 194,619 3,600 198,219 TJ Bowles Electric 302-4218-572.63-05 PARKS IMPROVEMENTS RP1873 191023 198,219 38,452 236,672 McConnie Fence 302-4238-572.63-00 IMPROVEMENTS OTHER THAN BLDG RP1801 181008 0 4,850 4,850 CR Dunn Inc. 302-4501-572.62-01 GOLF COURSE IMPROVEMENTS GF1804 420,000 0 50,000 470,000 Adopted Fund Total Expenses 1,375,102 2,758,317 858,325 4,991,744 303-0000-389-91-00 FUND BALANCE APPROPRIATED 5,633,335 2,305,988 7,939,323 Adopted Fund Total Revenues 7,060,424 2,305,988 0 9,366,412 303-4101-580-62-01 BUILDING IMPROVEMENTS GG1901 191334 285,000 8,921 293,921 Eagle Painting 303-4101-580-62-01 BUILDING IMPROVEMENTS GG1901 191323 293,921 950 294,871 E&F Florida 303-4101-522-62-01 BUILDING IMPROVEMENTS 29,000 29,000 303-4101-580-64-15 COMPUTER EQUIPMENT IT1806 190637 762,000 200 762,200 Globaltech Inc. 303-4101-580-64-15 COMPUTER EQUIPMENT 762,000 105,400 867,400 Globaltech Inc. 303-4103-580-63-15 GROUNDS IMPROVEMENTS GG1801 500,000 108,000 608,000 303-4104-572-64-14 COMPUTER SOFTWARE 0 51,000 51,000 303-4111-572-62-01 BUILDING IMPROVEMENTS RP1909 190450 750,000 8,000 758,000 E&F Florida 303-4113-572-62-01 BUILDING IMPROVEMENTS RP1804 191323 0 1,730 1,730 Anzco 303-4113-572-63-05 PARKS IMPROVEMENTS RP1814 191407 0 900 9,100 10,000 Eagle Painting 303-4115-572-63-05 PARKS IMPROVEMENTS RP1907 191348 0 17,420 5,500 22,920 West Architectur 303-4115-572-62-01 BUILDING IMPROVEMENTS 22,920 5,000 27,920 303-4115-572-63-03 AMERICAN DISABILITIES ACT 0 5,000 5,000 303-4116-580-62-03 BUILDING IMPROVEMENTS 72,000 0 55,000 127,000 303-4116-580-62-03 AMERICAN DISABILITIES ACT GG1836 191148 225,863 10,925 236,788 Johnson-Laux Con 303-4116-580-49-17 OTHER CONTRACTUAL SRVS GG1842 191268 0 18,820 18,820 West Architectur 303-4116-580-49-17 OTHER CONTRACTUAL SRVS GG1842 191269 0 12,349 12,349 Wantman Group 303-4126-522-62-01 BUILDING IMPROVEMENTS 0 25,000 25,000 303-4130-580-63-00 IMPVTS OTHER THAN BLDGS. 0 10,000 10,000 303-4130-580-62-03 AMERICAN DISABILITIES ACT 0 4,000 4,000 303-4209-572-62-01 BUILDING IMPROVEMENTS 250,000 267,099 517,099 303-4209-572-63-05 PARKS IMPROVEMENTS RP1826 190745 628,500 22,228 650,728 Trident Surfacing 303-4209-572-63-05 PARKS IMPROVEMENTS RP1908 191313 650,728 6,800 657,528 E&F Florida 303-4209-572-63-15 GROUNDS IMPROVEMENTS RP1819 190554 0 13,071 13,071 Gentile Glas Holloway 303-4209-572-63-18 AIR CONDITIONERS 25,250 0 6,800 32,050 303-4210-572-63-05 PARKS IMPROVEMENTS RP1850 191161 35,000 34,846 69,846 Atlantic Southern Paving 303-4210-572-63-05 BUILDING IMPROVEMENTS RP1802 191334 69,846 5,772 75,618 Eagle Painting 303-4210-572-62-03 AMERICAN DISABILITIES ACT 75,618 0 7,000 82,618 303-4210-572-63-05 PARKS IMPROVEMENTS 82,618 0 30,000 112,618 303-4210-572-63-50 PUBLIC ART 112,618 0 2,000 114,618 S:\Finance\Butet Adj,9men[s\FY2019-20\CIPA -d-t\FY1920Budget Adj for PY1819 POsand Rollover Budget-d.-Worksheet 1 Page 247 oft/4 7 31AM CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGETYEAR 2019-20,Commission Meeting 1/7/20 2019/20 2019/20 PROJECT PO ADOPTED Amendment AMENDED FY18/19 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments 303-4211-572-62-01 BUILDING IMPROVEMENTS RP1862 191277 25,000 9,042 34,042 Alexis Knight 303-4211-572-62-01 BUILDING IMPROVEMENTS RP1957 191356 34,042 7,445 41,457 Wantman Group 303-4211-572-62-01 BUILDING IMPROVEMENTS 41,457 7,500 48,987 303-4212-572-62-01 BUILDING IMPROVEMENTS 0 3,000 3,000 303-4214-572-63-00 IMPROVEMENTS OTHER THAN BLDGS RP1815 191193 0 5,923 5,923 E&F Florida 303-4216-572-63-05 PARKS IMPROVEMENTS RP1845 190851 112,000 4,037 116,037 Gentile Glas Holloway 303-4216-572-63-05 PARKS IMPROVEMENTS RP1846 191341 116,037 7,900 123,937 E&F Florida 303-4216-572-63-05 PARKS IMPROVEMENTS 123,937 0 3,843 127,780 303-4218-572-63-05 PARKS IMPROVEMENTS RP1875 181340 0 508 508 RCP Shelters 303-4218-572-63-05 PARKS IMPROVEMENTS RP1820 190829 0 2,404 2,404 Atlantic Southern Paving 303-4220-580-62-01 BUILDING IMPROVEMENTS 0 51,000 51,000 303-4223-572-62-01 BUILDING IMPROVEMENTS 0 87,500 87,500 303-4223-572-62-03 AMERICAN DISABILITIES ACT 0 25,000 25,000 303-4225-580-62-01 BUILDING IMPROVEMENTS RP1901 191172 0 28,900 28,900 Anzco,Inc 303-4225-522-62-01 BUILDING IMPROVEMENTS 28,900 20,000 48,900 303-4227-572-62-01 BUILDING IMPROVEMENTS 0 7,500 7,500 303-4227-572-63-05 PARKS IMPROVEMENTS 0 27,000 27,000 303-4227-572-62-03 AMERICAN DISABILITIES ACT 0 16,438 16,438 303-4232-572-63-05 PARKS IMPROVEMENTS 0 6,000 6,000 303-4232-572-62-03 AMERICAN DISABILITIES ACT 0 7,000 7,000 303-4234-572-62-01 BUILDING IMPROVEMENTS 0 5,000 5,000 303-4234-572-62-03 AMERICAN DISABILITIES ACT 0 29,145 29,145 303-4235-572-62-01 BUILDING IMPROVEMENTS 0 44,000 44,000 303-4236-572-63-05 PARKS IMPROVEMENTS RP1808 191377 0 4,566 4,566 Atlantic Southern Paving 303-4236-572-64-04 PLAYGROUND EQUIPMENT RP1810 191401 0 1,070 10,000 11,070 Eagle Painting 303-4237-572-63-05 PARKS IMPROVEMENTS RP1830 191356 0 1,642 3,500 5,142 Atlantic Southern Paving 303-4299-580-63-06 SIGNS GG1820 190987 75,000 68,119 30,000 173,119 Don Bell Signs 303-4904-541-63-03 AMERICAN DISABILITIESACT TR1701 181081 150,000 167,326 317,326 Ric-Man International 303-4904-541-63-03 AMERICAN DISABILITIES ACT TR1701 190688 317,326 18 317,344 Calvin,Giordano Assoc 303-4904-541-63-03 AMERICAN DISABILITIES ACT 317,344 149,000 466,344 303-4904-541-63-24 SIDEWALK CP0263 190256 200,000 5,359 205,359 Atlantic Southern Paving 303-4904-541-63-24 SIDEWALK CP0263 190906 205,359 4,727 210,086 Atlantic Southern Paving 303-4904-541-63-24 SIDEWALK CP0263 191000 210,086 24,365 234,451 Atlantic Southern Paving 303-4904-541-63-24 SIDEWALK CP0263 191404 234,451 19,500 253,951 Atlantic Southern Paving 303-4904-541-63-24 SIDEWALK CP0263 180636 253,951 25,364 279,315 Cobra Construction Inc. 303-4904-541-63-24 SIDEWALK CP0263 181081 279,315 47,286 326,600 Ric-Man International 303-4904-541-63-24 SIDEWALK 326,600 135,000 303-4905-580-63-08 STREET IMPROVEMENT CP0266 190829 950,000 17,139 967,139 Atlantic Southern Paving 303-4905-580-63-08 STREET IMPROVEMENT CP0266 191171 967,139 5,595 972,734 Atlantic Southern Paving 303-4905-580-63-08 STREET IMPROVEMENT CP0266 191404 972,734 60,735 1,033,469 Atlantic Southern Paving 303-4905-580-63-08 STREET IMPROVEMENT CP0266 190708 1,033,469 20,899 1,054,368 Kimley Horn 303-4905-580-63-08 STREET IMPROVEMENT CP0266 190885 1,054,368 45,770 1,100,138 Matthews Consulting 303-4905-580-63-08 STREET IMPROVEMENT CP0266 191403 1,100,138 5,280 1,105,418 Whidden Surveying 303-4905-580-63-08 STREET IMPROVEMENT TR1601 181055 1,105,418 27,812 1,133,230 R&D Paving 303-4905-580-63-08 STREET IMPROVEMENT 1,133,230 132,000 1,265,230 Adopted Fund Total Expenses 7,060,424 781,663 1,524,325 9,366,412 S:\Finance\Butet Adjurt ,e \FY2019-20\CIPAm.d.e.t\FY1920Budget Adjfor PY1819PO...d Rollover BudgetA d.e Worksheet 2 Page 248 oft/4 7 31AM CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGETYEAR 2019-20,Commission Meeting 1/7/20 2019/20 2019/20 PROJECT PO ADOPTED Amendment AMENDED FY18/19 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-351.04-09 UTILITY BOND 2016 1,600,000 4,771,694 6,371,694 403-0000-359-92.00 NET ASSETS APPROPRIATED 7,751,500 9,507,145 17,588,645 Adopted Fund Total Revenues 16,381,500 14,578,839 30,960,339 403-5000-533.31-90 OTHER PROFESSIONAL SRVS WTR134 191389 0 46,697 46,697 CDM Smith,Inc 403-5000-533.65-02 R&R-WATER WTR138 180499 8,806,500 2,500 8,809,000 Crown Castle USA 403-5000-533.65-02 R&R-WATER WTRO08 180506 8,809,000 54,134 8,863,134 Johnson-Laux Con 403-5000-533.65-02 R&R-WATER WTR138 180981 8,863,134 23,355 8,886,489 Utility Metering Solutions 403-5000-533.65-02 R&R-WATER WTRO08 181123 8,886,489 4,115 8,890,604 Johnson Controls 403-5000-533.65-02 R&R-WATER WTR138 190621 8,890,604 10,540 8,901,144 Crown Castle 403-5000-533.65-02 R&R-WATER WTR075 190634 8,901,144 210 8,901,354 AMPS,Inc. 403-5000-533.65-02 R&R-WATER WRT020 190724 8,901,354 65,546 8,966,900 CH2M Hill 403-5000-533.65-02 R&R-WATER UC1802 190782 8,966,900 32,132 8,999,033 Arcadis US Inc 403-5000-533.65-02 R&R-WATER Wi1802 190825 8,999,033 33,244 9,032,277 Globaltech Inc 403-5000-533.65-02 R&R-WATER WTR075 190835 9,032,277 1,246 9,033,523 AMPS,Inc. 403-5000-533.65-02 R&R-WATER WTR022 190848 9,033,523 125,130 9,158,653 Globaltech Inc 403-5000-533.65-02 R&R-WATER Wi1902 191014 9,158,653 42,883 9,201,536 CH2M Hill Engineers 403-5000-533.65-02 R&R-WATER WTR020 191041 9,201,536 500 9,202,036 FL Design Drilling 403-5000-533.65-02 R&R-WATER WTR075 191042 9,202,036 83,450 9,285,486 CROM Coatings 403-5000-533.65-02 R&R-WATER WTRO08 191387 9,285,486 15,000 9,300,486 Anzco,Inc 403-5000-533.65-02 R&R-WATER WTR105 191388 9,300,486 143,000 9,443,486 Carollo Engineers 403-5000-533.65-02 R&R-WATER WTR138 180499 9,443,486 2,500 9,445,986 Crown Castle 403-5000-533.65-02 R&R-WATER 9,445,986 0 4,703,452 14,149,438 403-5000-535.65-04 R&R-SEWER SW1602 161320 3,810,000 24,985 3,834,985 Globaltech Inc. 403-5000-535.65-04 R&R-SEWER TR1601 181055 3,834,985 5,010 3,839,995 R&D Paving 403-5000-535.65-04 R&R-SEWER SW1901 190664 3,839,995 86,591 3,926,585 CDM Constructors 403-5000-535.65-04 R&R-SEWER SWR064 191121 3,926,585 180,445 4,107,030 Carollo Engineers 403-5000-535.65-04 R&R-SEWER SWR111 191205 4,107,030 252,552 4,359,582 TAW Power Systems 403-5000-535.65-04 R&R-SEWER SW1903 191304 4,359,582 153,520 4,513,102 CDM Smith,Inc 403-5000-535.65-04 R&R-WATER 4,513,102 0 3,095,334 7,608,436 403-5000-536.31-90 OTHER PROFESSIONAL SRVS US1701 190307 200,000 64 200,064 Carollo Engineers 403-5000-536.31-90 OTHER PROFESSIONAL SRVS UC1804 190628 200,064 59,306 259,370 Carollo Engineers 403-5000-535.31-90 OTHER PROFESSIONAL SRVS 259,370 0 50,000 309,370 Carollo Engineers 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 309,370 0 215,100 524,470 Carollo Engineers 403-5000-538.65-09 R&R-STORMWATER STM031 190478 1,750,000 21,556 1,771,556 CDM Constructors 403-5000-538.65-09 R&R-STORMWATER UC1802 190782 1,771,556 96,397 1,867,953 Arcadis US Inc 403-5000-538.65-09 R&R-STORMWATER STM031 190915 1,867,953 43,947 1,911,900 Instituform Tech 403-5000-538.65-09 R&R-STORMWATER STM031 190963 1,911,900 37,419 1,949,319 Johnson-Davis 403-5000-538.65-09 R&R-STORMWATER UC1802 191253 1,949,319 34,913 1,984,231 The Merchant 403-5000-538.65-09 R&R-STORMWATER STM031 191303 1,984,231 60,374 2,044,605 CDM Smith,Inc 403-5016-533.65-02 R&R-WATER WTR106 181081 0 1,171,944 1,171,944 Ric-Man International,Inc. 403-5016-533.65-02 R&R-WATER Wi1605 191150 1,171,944 46,066 1,218,010 The Haskell Comp 403-5016-533.65-02 R&R-WATER WTR106 191280 1,218,010 28,700 1,246,710 The Merchant 403-5016-533.65-02 R&R-WATER Wi1603 191281 1,246,710 20,000 1,266,710 Killebrew Inc. 403-5016-533.65-02 R&R-WATER 1,266,710 0 800,000 2,066,710 403-5016-538.65-09 R&R-STORMWATER STM032 181081 900,000 2,704,984 3,604,984 Ric-Man International,Inc. Adopted Fund Total Expenditures 16,381,500 0 5,714,953 8,863,886 30,960,339 S:\Finance\Butet Adjurt ,e \FY2019-20\CIPAm dm t\FY1920Budget Adj for PY1819 POsand Rollover BudgetA d.e Worksheet 3 Page 249 oft/4 7 31AM CITY OF BOYNTON BEACH Exhibit A CAPITAL APPROPRIATION AMENDMENTS BUDGETYEAR 2019-20,Commission Meeting 1/7/20 2019/20 2019/20 PROJECT PO ADOPTED Amendment AMENDED FY18/19 Rollover NUMBER # BUDGET Revenue PO Accounts Budget BUDGET Comments UTILITY FUND CAPITAL IMPROVEMENT FUND 404-0000-351.04-09 UTILITY BOND 2016 3,500,000 1,261,420 4,761,420 404-0000-351.04-18 UTILITY BOND 2018 0 1,624,912 1,624,912 404-0000-389-92.00 NET ASSETS APPROPRIATED 4,350,000 1,854,943 6,204,943 Adopted Fund Total Revenues 9,850,000 4,741,275 14,591,275 404-5000-533.65-01 WATER Wi1901 190351 2,900,000 301,225 0 3,201,225 The Haskell Comp 404-5000-533.65-01 WATER 3,201,225 0 0 3,201,225 404-5000-535.65-03 SEWER SW1802 190850 3,450,000 17,854 0 3,467,854 AECOM Technical Servces 404-5000-535.65-03 SEWER SW1802 181081 3,467,854 1,535,864 0 5,003,718 Ric-Man International 404-5016-533.65-01 R&R-WATER 500,000 0 307,769 807,769 404-5016-533.65-03 R&R-WATER SW1902 1,000,000 0 953,651 1,953,651 404-5018-533.65-01 WATER Wi1703 190351 0 657,700 950,000 1,607,700 The Haskell Comp 404-5018-533.65-01 WATER Wi1703 191011 0 17,212 0 17,212 E2L Real Estates Solutions Adopted Fund Total Expenditures 9,850,000 2,529,855 2,211,420 14,591,275 Utility Totals 26,231,500 45,551,614 FLEET FUND 501-0000-389-92.00 NET ASSETS APPROPRIATED 726,978 703,831 1,430,809 Adopted Fund Total Revenues 8,962,586 703,831 9,666,417 501-2516-519.64-33 VEHICLE PURCHASES 180617 4,769,924 1,689 4,771,613 Alan lay Chervrolet 501-2516-519.64-33 VEHICLE PURCHASES 181190 4,771,613 833 4,772,446 Alan lay Chervrolet 501-2516-519.64-33 VEHICLE PURCHASES 191327 4,772,446 32,782 4,805,228 Alan lay Chervrolet 501-2516-519.64-33 VEHICLE PURCHASES 190643 4,805,228 158,755 4,963,983 Altec Industries 501-2516-519.64-33 VEHICLE PURCHASES 180824 4,963,983 1,000 4,964,983 Coggin Ford 501-2516-519.64-33 VEHICLE PURCHASES 180825 4,964,983 1,323 4,966,306 Coggin Ford 501-2516-519.64-33 VEHICLE PURCHASES 170805 4,966,306 520 4,966,826 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 190543 4,966,826 42,430 5,009,256 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 190641 5,009,256 114,097 5,123,353 Duval Ford 501-2516-519.64-33 VEHICLE PURCHASES 190638 5,123,353 30,578 5,153,931 Prestige Ford 501-2516-519.64-33 VEHICLE PURCHASES 180857 5,153,931 317,300 5,471,231 REV RTC,Inc. 501-2516-519.64-33 VEHICLE PURCHASES 171252 5,471,231 2,524 5,473,755 Sutphen Corp Adopted Fund Total Expenditures 8,962,586 703,831 0 9,666,417 S:\Finance\Butet Adjurt ,e \FY2019-20\CIPAm dm t\FY1920Budget Adj for PY1819 POsand Rollover BudgetA d.e Worksheet 4 Page 250 oft/4 7 31AM 6.G. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. EXPLANATION OF REQUEST: The City Commission approved a list of projects for FY 19/20 to be paid with Government Surtax funds in September 2019. In accordance with the City's Resolution R16-071, which is an Interlocal agreement with PBC and Palm Beach County Schools pertaining to shared distribution and use of the surtax funds the project list that the Commission adopted can be revised by the governing board. The City of Boynton Beach Capital Improvement Plan is largely funded by taxpayer approved sales tax funds (Surtax). Each community must account for the use of these funds to ensure their use is consistent with law and the intent of the voters. Each quarter the city will be providing a global update on the status of projects funded with Surtax revenues. However, on a much smaller scale it is recognized that some projects were added and/or changed since the initial inspection of the City facilities. Therefore, it is necessary to add projects as they occur during the fiscal year. These additions are to ensure consistency of review by the City Commission and the City's Citizen Surtax Oversight Committee. To that end, staff will be providing additional project requests throughout the course of the year. In fact, these adjustments may occur on each future Commission meeting. Attached please find modifications to existing projects with proposed budget dollars. All projects will be funded by making budget adjustments with existing Surtax dollar projects. Based on the overall savings and the estimated budget for the new project there is no need for a budget amendment rather adjustments to currently approved projects and the addition of two projects in the FY 19/20 budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Facility maintenance work is critical to keep, restore or improve every part of a Facility/Building to a currently acceptable standard. FISCAL IMPACT: Budgeted The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. ALTERNATIVES: None STRATEGIC PLAN: Page 251 of 473 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? 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CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/or piggy- backs for the procurement of services and/or commodities as described in the written report for January 07, 2020- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Vazza Cleaning Janitorial Services for 001-2821-17/JMA February 1, $24,050 Corporation Utilities Department 2020 thru Annually January 31, 2021 Zalman Law, P.A. Special Magistrate 005-2120-18/IT January 19, $9,500 Annually Services for 2020 thru Community Standards January 20, 2021 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted B udgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 254 of 473 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Zalman Renewal D Addendum Zalman, 2020 D Addendum BBFIL contract renewal 2020 D Attachment REQUEST FORBID EXTENSIONS 1-07-20 RW Page 255 of 473 The City of Boynton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561) 742-6316 December 19, 2019 RFQ: SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS RFQ.: 005-2120-18IIT Agreement between the City of Boynton Beach and ZALMAN LAW, P.A.: CONTRACT RENEWAL TERM: JANUARY 19, 2020 TO JANUARY 18, 2021 1ZYes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) ZALMAN LAW, P.A. ' NAME OF COMPANY �S GIN L41.L A 9 \� _AL/V(/k NAME OF REPRESENTATIVE TITLE ` (please print) CC4 or o , � tv�� C ��, e�. DATE (AREA CODE) TELEPHONE NUMBER E-MAIL Page 256 of 473 America's Gateway to the Gulf Stream Zalman Law, P.A. ATTORNEY cox COUNSELOR +J Hilary R.Zalman,Esq. 7050 Montdco Drive,Boca Raton,Florida 33433 HRZ@ZalmanLawFirm.com Tel.561.826.4273 Fax.888.628.2038 Admitted in Florida&California December 19, 2019 Sent Via Email To: Marmer, Eric MarmerE@bbfl.us City of Boynton Beach Finance/Procurement Services Attn.: Mr. Eric Marmer and Ms. Mara Frederikson PO Box 310 Boynton Beach, Florida 33425-0310 RE: SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS Dear Ms. Frederiksen, Mr. Marmer and Financial Services Team. Thank you kindly for your consideration and offer of renewal of the current contract. I am honored to continue to be of service as Special Magistrate in Boynton Beach. Please find attached executed contract renewal. Very Truly Yours, /s Hilary R. Zalman Hilary R. Zalman, Esq. for Zalman Law Firm, P.A. Page 1 of 1 Page 257 of 473 �"`lte City o,f BoyntonBeach Finance/Procurement Services P.O.Box 310 Baynton Beach,Florida 33425-0310 t Telephone No:(561)742-5310 FAX:(561)742-6316 Bid No. 001-2821-171JMA FOR JANITORIAL SERWICES FOR THE UTILITIES DEPARTMENT CONTRACT RENEWAL PERIOD: FEBRUARY 1, 2020 THRU JANUARY 31, 2021 Yes, I agree to renew the existing agreement with tate same Terms and Conditions for the renewal Period of February 1, 2020 thru January 31, 2021. No, I do not wish to renew the agreement for the following reason(s): 1 VAZZA CLEANING CORP. NAME OF COMPANY SIGNATU NAME OF REPIRESENTATIVE TITLE (Please print) GATE (AREA CODE)TELEPHONE NUMBER E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 258 of 473 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS January 07, 2020 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: February 1, 2020 thru January 31, 2021 SOURCE FOR PURCHASE: City Bid No. 001-2821-17/JMA ACCOUNT NUMBER: N/A VENDOR(S): Vazza Cleaning Corporation ANNUAL ESTIMATED EXPENDITURE: $24,050 DESCRIPTION: The current janitorial services contract was for a two (2) year term that ended on January 31, 2019 and has the option for three (3), one (1) year renewals. RESOLUTION NO. R19-003 authorized the City Manager to sign an Amendment to the Contract with Vazza Cleaning Corporation of Royal Palm Beach, Florida for Bid No. 001-2821-17/JMA for Janitorial Services for the Utilities Department for the period of February 1, 2019 thru January 31, 2020, for an estimated annual expense of $24,050. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the renewal period of February 1, 2020 thru January 31, 2021. REQUESTING DEPARTMENT: COMMUNITY STANDARDS DEPARTMENT CONTACT: ADAM TEMPLE TERM: January 19, 2020 thru January 18, 2021 SOURCE FOR PURCHASE: City RFQ No. 005-2120-18/IT ACCOUNT NUMBER: 001-2211-52249-17 VENDOR(S): ZALMAN LAW, P.A. ANNUAL ESTIMATED EXPENDITURE: $9,500 DESCRIPTION: On January 19, 2018, City Commission approved a one-year award to Zalman Law, P.A. for special magistrate services for community standard. The Contract allows for three (3) additional one-year renewal options with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the first second-year renewal option thru January 18, 2021. 6.1. CONSENTAGENDA 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approve minutes from the City Commission meetings on December 3, 2019 and December 17, 2019. EXPLANATION OF REQUEST: The City Commission met on December 3, 2019 and December 17, 2019 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 12-03-2019 D Minutes Minutes 12-17-2019 Page 260 of 473 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 3, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Crystal Gibson, City Clerk Christina L. Romelus, Commissioner Ty Penserga, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation — Mayor Steven B. Grant. Mayor Grant gave the invocation Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to moved Agenda Items 9 C. and 9A. before Administrative. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. Page 261 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz had no disclosures. Commissioner McCray attended the Florida League of Cities luncheon, held in the City of Boynton Beach. Thanked staff for all their hard work to make the event successful. Congratulated John Durgan for helping the City of Boynton Beach regain the number one title place for Read for the Record. Commissioner Romelus congratulated the City of Boynton Beach for regaining the title for Read for the Record. She thanked Commissioner Penserga for stepping in for her to read in her place. Attended the National League of Cities summit in Texas. Thanked the Commission for allowing her to attend. Commissioner Penserga attended the National League of Cities in Texas; he would like to highlight the San Antonio Food Bank. There is a branch of Feeding America network in Boynton Beach, called Feeding South Florida. They do not hand out food; in addition to providing emergency support, they have an industrial kitchen, with the opportunity to learn a career. He attended the opportunity zone session. There are two opportunity zones in the City of Boynton Beach. He indicated this was a wonderful opportunity to revise neighborhoods. Mayor Grant noted on November 7th he attended the City Economic Development Business over Coffee event; this was a great opportunity to speak with the residents. He read for the record at Rolling Green and Galaxy Elementary School. He attended a meeting at Discover the Palm Beaches. He attended the Veteran's Task Force and spoke with the Cub Scouts. On November 8th, Mayor Grant met with the University of Florida extension representative and encouraged the youth to discover 4-H. He spoke with the youths at Somerset Academy. November 9th attended a basketball game between Boynton Beach Police Department and the Parks and Recreation Department; it was an amazing game to watch. He also attended the groundbreaking for the Ocean Breeze East site. He noted there would be 120 affordable housing units for low and very low- income residents, in addition a new home for the neighborhood officer program. Attended a ribbon cutting for Florida Tackle. Attended an event for the Sierra Club. On November 11th, he attended a Veterans Day celebration. He thanked the Veterans which have served or who are presently serving their country. On November 12th, attended a caregiver's luncheon, hosted by Healthier Boynton Beach, thanked all involved including Ricky Petty. On November 13th, he attended the Race for Equality summit. On November 15th, he attended the Transportation Planning Agency (TPA) summit regarding the long- range transportation plan. November 16th, visited the Caridad Center. Mayor Grant presented information regarding community ID's. Met with representatives from NAMI and representatives of the Juvenile probation officer program. Attended the monthly Art District event. November 17th, met with Tom Kaiser. November 18th, he attended a 2 Page 262 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Historical Society meeting. November 19th —24tH attended the National League of Cities summit in San Antonio, Texas. He wanted to bring into the sunshine a conversation he had with Commissioner Penserga, regarding the possibility of using more of a deposit rather than a fee for recreation programs. Mayor Grant requested staff to provide information regarding programing: how many programs the City offers and the attendance of those programs. November 25th Mayor Grant also attended the General Employee public pension meeting, and the Quantum Park Overlay District meeting. November 26th he was invited by the Delray chamber of commerce to attend their legislative delegation. He thanked the City for the best luncheon he attended on November 27th. Attended a legislative delegation as a member of the Palm Beach County League of City, he thanked Colin for his insight regarding water reuse. Commissioner McCray thanked the Mayor and Commissioner Penserga regarding the report. 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Presentation of Certificates of Recognition to South Tech Academy Work Based Learning Opportunity Program Student Interns, Carlos Garcia, Tryston Schmitt and Franco Lagio, for their internship completion; a summary of the internship provided by ADA Coordinator Assistant, Ted Goodenough. Mayor Grant presented Certificates of Recognition to South Tech Academy Work Based Learning Opportunity Program Student Interns, Carlos Garcia, Tryston Schmitt and Franco Lagio, for their internship completion. Ted Goodenough, ADA Coordinator Assistant, provided a summary of the program. Thanked the City for welcoming these three student interns, showed how assistive technology helped the citizens of Boynton Beach. Theresa Thomas noted it was an honor to help and guide students. Pointed out there are three Microsoft students who are currently completing their certification. The City of Boynton Beach is the only municipality that works with South Tech Academy. B. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 49th Annual Holiday Parade, Light up the Park and the introduction of Grand Marshal that will lead the Parade. Eleanor Krusell, Public Communications and Marketing Director, announced the 49th Annual Holiday Parade, Saturday, December 7th, beginning at 7pm. Following the parade is the Light Up the Park event at Dewey Park. This year's Grand Marshall is Ms. Joanie Helgesen. Joanie Helgesen thanked Ms. Krusell for the opportunity to be the 2019 Grand Marshall. 3 Page 263 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 C. Announce the Solid Waste Division is having tire amnesty week for the City residents from December 2nd through December 6th, 2019. Mayor Grant announced the City of Boynton Beach annual tire amnesty week beginning December 2nd through December 6t", 2019. Davidson Monestime, Solid Waste Manager, informed the Commission last year the Solid Waste Department picked up 2.2 tons of tires. As of December 3, 2019, almost 7.99 tons of tires have been picked up. Commissioner Romelus asked what happens to the tires reclaimed by the City. Mr. Monestime explained the reclaimed tires used for material for parks and racetracks. Mayor Grant asked if residents have big electronics, should they put it outside for regular bulk. Mr. Monestime replied the Solid Waste Authority is currently accepting electronic items. D. Announcement about Grants & ADA Coordinator receiving the Champion of Inclusion Award. Debbie Majors, Grants & ADA Coordinator, indicated Stephanie Soplof, Recreation & Assessment Specialist, nominated her for the Champion of inclusion Award, which she won. E. Presentation of the monthly Town Square project update by Town Square development team. Colin Groff, Assistant City Manager, provided an overview on the Town Square project. He expressed the City project is on schedule and under budget. Tonight's update was to present the new adventure land, the City of Boynton Beach will bring to life their vision of a thoughtfully renovated, historical, educational and interactive adventure park on the grounds of the historic Boynton Beach High School. Historic preservationists and citizens alike are invested in keeping the history of Boynton Beach alive. The 16-acre Master Plan for Town Square is part of that effort. This adventure park concept is taken from Boynton's unique history, which is a mix of agricultural roots, the prominence of the railroad, and the beauty and biodiversity of the ocean flora and fauna. Kompan's team of experts have carefully studied the rich history of the area as well as listened to the unique needs of the community and have created an educational adventure that allows children and adults alike, to experience the roots of Boynton Beach and South Florida. Children can experience the history of Boynton Beach, first hand through the stories of Charlie Pierce: The Barefoot Mailman, The Last Egret, Charlie and the Tycoon, The American Jungle, and The Last Calusa. There are footsteps, which leads to different areas of the park. There is active equipment for the parents and adults such as the Active Adult fitness circuit, upright row and press down to name a few. 4 Page 264 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mr. Groff indicated the next step was to approve the fiscal year 2019/2020 CIP budget amendment, approval of equipment purchases. Finalize installation and design drawings, continue to develop sponsorships to assist with funding and interactive displays. This was a project to replace Kids Kingdom. Commissioner Penserga noted he visited the playground in Tampa and he was impressed. Inquired if the park would be illuminated at night. Mr. Groff stated the park would have lighting. Commissioner McCray asked who worked on this project. Mr. Groff replied they had workshops, which opened to the public. There were approximately 75 attendees. Mr. Groff indicated changes made to the original design. Commissioner McCray wanted to know if there was any sign in sheets, if so he would like to have a copy. Mr. Groff stated he believed there was a sign in sheet. Vice Mayor Katz thanked all who worked on this project. He liked the inclusion of sensory equipment. Asked if there would be a security system installed. Mr. Groff indicated cameras are protecting all the equipment; noted cameras protect the entire area in Town Square. Commissioner Romelus noted she was excited about the park, and attended the workshop. Vice Mayor Katz stated he would advise the police to place this on social media, so that everyone is aware that the park has cameras. John Markey, Private Developers, noted they are working with the equipment designer, and are working on the north garage. Pointed out the need to refinance the mortgage. Vice Mayor Katz asked when the financing would be available. Mr. Markey stated they received a commitment from the bank. The project is on track. F. Mayor Grant would like to provide an update to the Commission regarding his attendance at the National League of Cities Summit. Mayor Grant provided an update from the National League of Cities Summit. Mobile workshops, conference workshops, general sessions, viewed a butterfly playground, sensory village, the wharf, all accessible rides, Water Park. Explained the hand and the buttery, greenways trails, funding for voters first approved the greenways in 2000, followed by three subsequent elections to use 1/8 of a cent. Showed the Alamo and the maverick distillery. Friday at the convention center: youth delegate program youth employment center, Healthier Boynton Beach, afterschool policy advisors, network, summer learning program financing, affordable housing, council on youth, education and families. 5 Page 265 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Saturday at the convention center: thriving people, the key to economically viable cities, closing session with Starbucks and city, conversation with Common the rapper about his book, Let Love Have the Last Word. 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) Susan Oyer, 140th SE 27th Way, provided some background information on the history of Boynton Beach. Welcomed the new Sister City, Farindola, Italy. She has been in touch with Cheney Brothers for distribution of the Farindola cheese. Christian of Ocean Ridge thanked the Commission for placing item R19-161 on the agenda. This bill opposes offshore drilling and air blasting in the ocean. Michael Shramko, 433 SW 2nd Avenue, indicated the garbage is out of control. There are many illegals, cars speeding out of control; the handicap people cannot use the sidewalk. Mr. Shramko read from an email sent to him by Commissioner Romelus and stated Commissioner Romelus was not professional when she sent a return email, which had a winky face, and the email was sarcastic. She is an elected official. Vice Mayor Katz, replied Mr. Shramko has some valid concerns. Vice Mayor Katz stated he has received emails from Mr. Shramko many of which were riddled with expletives. Mr. Shramko interrupted stated people on his property were arrested and they were illegal. John Plasticky, SW 25th Avenue, asked is there a reason the garbage is not being picked up. Is there a trash pickup weekly? Vice Mayor Katz stated there are some changes in the way the garbage is being picked up. Commissioner McCray stated he understands this was an endless cycle. Mr. Plasticky said the trash should not be left on the curb more than a week. Stated something needs to be done about the trash. Mayor Grant stated it has taken too long. The ordinance on the agenda tonight would clarify the way in which the Solid Waste Department would work with Community Standards. Jake Aaron, 132 SE 12th Avenue said his family has had a business in Boynton Beach since 1978, Creative Metal Products on SE 1St Street. Indicated he must be careful about what he says at the Commission meeting. Stated when he comes to city meetings, he is fined afterwards. There are people here tonight who do not feel safe, one of these people 6 Page 266 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 is an 80 year old woman, when she called the police the neighbor has threatened her. He is concerned about the plans for SE 1 st street. When the plan first came out, there was a median, two lanes and a sidewalk. The new plans would put his family out of business. The reason being, the business would not be able to have semi-trucks coming onto the property. He understands the council wants to feed the main vein from Woolbright through 1St Street in the new Town Square. Noted his family has been in this location for 30 years. The area is zoned M1 which is the heaviest zoning other than industrial. He does not feel there has been any communication between the City and the businesses in this area. It is hard to speak up, but the City cannot only come after the businesses but also their homes. Linda Millcarek, 438 SW 2nd Ave., stated her neighborhood has been struggling with the flow of traffic. She explained on SW 2nd Avenue there were only two traffic signs on a road, which goes from Searcrest to 1-95, the traffic is out of control. She attended the meeting and loved what was being said. When she looks at the plans, this was not what was agreed upon. The City is doing nothing for SW 2nd Avenue. She is afraid for her safety. When they spoke with the police, stated for them to get a camera, go inside, and not come out. It is not fair to the neighbors. Commissioner Romelus asked Mr. Groff for an update for the phase 2 project, and how it affects or mitigates the issues the City is facing in those corridors on 13th Street, SW 2nd Avenue and 1St Street. Mr. Groff stated he has met with the neighborhood association to speak about the traffic calming. The preliminary study was provided to the public and requested was input from the public on whether the City was on the right path. There is a concept plan of where to place traffic calming devices. The first phase is to place some temporary devices, some lane narrowing devices; traffic hump devices and some stop signs. Traffic counts were done, now the City is placing temporary measures in certain locations to see if it changes the traffic patterns and behaviors. Mr. Groff stated what was presented at the meeting were concept plans. These were ideas. He stated the deadline for completion is March 2020. They are working with the Police Department. Commissioner Romelus inquired about the traffic calming and said there needs to be conversation regarding 13th Avenue. Mr. Groff replied the City is looking from Boynton Beach Boulevard to Woolbright, 1-95 and the railroad tracks. Indicated the City cannot stop people from driving badly, the City can try to correct the driver. Commissioner Romelus indicated the City Manager is speaking with Jake Aaron a business owner, and requested Mr. Groff speak with him as well regarding Mr. Aaron's business concerns. Mr. Groff stated he would speak with Mr. Aaron. Mr. Groff stated the plans provided regarding 1 st Street were concept plans. The City received feedback and the City would adjust the plans. Mr. Groff stated some businesses would need to make 7 Page 267 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 some changes regarding parking in the right-of-way. The City would work with the businesses so that the business would not be interrupted. Commissioner Romelus requested Mr. Aaron to contact her via email if anything else needs follow-up. Mayor Grant asked if the Commission has the final approval for those plans. Mr. Groff stated the item would go out to bid as usual. Mayor Grant asked if the item could come back to the Commission before the item goes out forbids. Mr. Groff stated normally those items do not come to the Commission. Those are not Commission approval items. The Commission has already approved the grant application. Mayor Grant asked if this was the grant for the Complete Streets from the Transportation Planning Agency. Mayor Grant stated some of the residents wanted the duel sidewalks and the businesses did not. The City needs to find a happy median. The City does not want businesses to go out of business. Creative Metal does a great job and he does not want to approve a plan the businesses do not like. Mr. Groff replied his job was to address all of the comments. Commissioner McCray indicated in regard with approval of plans, he was in agreement with the Mayor. He stated when work was complete in District 2, they messed up Railroad Avenue. He sees the construction and it is a mess. Commissioner McCray stated talk without work is not acceptable. Mr. Groff noted the road repair and the assurance businesses are successful is priority. Jenna Bradley, SE 27th Way, expressed her concern for the traffic and parking on the streets. Inquired what would it take to move the cars from the street. Asked whom to contact and clear the street. The neighborhood is really going down. How many people can live in one dwelling? Mayor Grant suggested getting together to have a unified voice; in the southwest community they have the Forest Park Neighborhood Association. Ms. Bradley asked if it was normal practice for the Police Department to drive through the neighborhood. Mayor Grant stated with the Boynton Beach Police application, a resident could request a drive by, if you are out of town. This is in the process, suggested speaking with the Police Department. Ms. Bradley stated the kids could not ride their bikes. Diane Jacone, Old Boynton Road, said she is afraid of the traffic. She sees the police but nothing happens. She parks in her driveway and she is fined. Mayor Grant stated this was a County Road. He suggested speaking to the Community Standards Director. Mayor Grant seeing no one else coming forward closed Public Comment. 8 Page 268 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Being Heard Out of Sequence: 9- C City Lobbyist, Mat Forrest of Ballard Partners, will present the key issues/bills facing the City during the 2020 Legislative Session. City Commission to discuss and approve Legislative Priorities for the 2020 Legislative Session in Tallahassee Mat Forrest, Ballard Partners, City Lobbyist, explained each year he meets with the Commission and provides a listing of priorities for the upcoming legislative session. The listing this year includes opposing any legislative efforts to impede or preempt the constitutional rights of municipal Home Rule powers. Oppose any unfunded mandates imposed on local governments through the legislative or budget process. Support licensing, taxing, zoning regulation for operation of group, sober homes at the local lever. Support legislation requiring certification for all recovery residences and recovery residence administrators. Communications services tax protection. The City supports legislation to reform the communications service tax. Affordable housing and local business tax receipt are more monitored. The next session begins January, February, and March 2020. Thanks to the grant sponsorship of Representative Casello and Senator Bergman, there are possible growth management amendments. Mayor Grant asked if House Bill 3 would eliminate the City of Boynton Beach business tax. Mr. Forrest indicated he did not believe so. He continued to say last year it was not the business tax, certain cities have extra layers for certain businesses. He indicated it was not an issue. Mayor Grant asked if this would affect the Planning and Zoning Department. Mr. Forrest explained it has been filed and he would get back to the City with additional information. Commissioner McCray in regards with funneling items to Mr. Forrest, the Commission needs to have items streamlined. The point of contact should be the City Manager. The Commission should not contact Mr. Forrest directly. Mayor Grant was in agreement with Commissioner McCray regarding one point of contact. Lori LaVerriere, City Manager, stated the League of Cities provides an update every Monday morning beginning in January. Commissioner Penserga requested clarification regarding the amendment to the extension of permits. Mr. Forrest explained whenever there is a statewide declaration of an emergency; the State law preempts local government regulations, and provides an extension to all development permits. If someone was doing a project, and if a hurricane came, this would provide a reason the project could not be complete the project. There was a statewide emergency with the opioids, extended the development order. He believes there should be some type of specific legislation for natural disasters for a specific area, which are impacted. Mr. Forrest indicated he has spoken to the House of Representatives regarding this type of legislation. 9 Page 269 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Commissioner Penserga asked if there was support in the house. Mr. Forrest indicated it was too early to ascertain. It was such a fine item. He has spoken with the House of Representatives, he received language from the City and he is shopping this around. Out of Sequence: 9-A Consider options to rename Veterans Memorial Park in honor of Tom Kaiser. Commissioner McCray thanked the City Manager for providing a copy of the minutes from the previous meeting. There was a misrepresentation by Minister Bernard Wright indicating Mr. John Hepburn gave him permission to use his name and his group. Mr. John Hepburn indicated he did not give permission to state he had permission to use his name or his group. Commissioner Romelus made a motion to support Option 1 which reads: "Boynton Beach Veterans Memorial Park - In Honor of Tom Kaiser whose leadership and commitment created this memorial park for all veterans as a reminder of their service and sacrifice for our Country." Commissioner Penserga respectfully disagreed with Commissioner Romelus. He is in favor of adding Tom Kaiser's name in the official title. He asked Mr. Kaiser if he would pay for the sign. Commissioner McCray stated he was not in favor of renaming the Veterans Park. He has a problem with people trying to get personal recognition. Commissioner Ensler was instrumental in starting the Veterans Park. Mayor Grant stated the Commission provided with two options. If they name the park after Mr. Kaiser, he provided examples of different parks. They had an opportunity to name the park. He was in favor of what Mr. Kaiser would like. Commissioner Penserga stated the Commission could honor Commissioner Ensler as well as Stanley Gavlick, USN, Park Co-Chairman. He completely supports this change. In this City when any citizen, we should be honoring this person. Commissioner McCray stated a representative from the veteran association should publicly speak regarding Commissioner Ensler and his contribution to the Veterans Park. Elliott Silverman, Delray Beach, pointed out he belongs to the Korean War Veterans Chapter 17 in Delray Beach, he also belongs to the American Legion Chapter 164. He met Tom Kaiser about 2 years ago. He feels he deserves some recognition. Tom Kaiser, 1070 SW 20th Terrace, provided some information regarding his participation in the preservation of other Veterans memorials around the world. In 2005, 10 Page 270 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 he met with Mr. Ensler and they spoke about the park. The City never gave the ok until a year after Mr. Ensler passed away. He pledged to the City to pay for the monument. Commissioner McCray asked for a records request regarding the Veterans Park. Commissioner Romelus withdrew her motion. Motion Commissioner Penserga motioned to rename the park Tom Kaiser Boynton Veterans Memorial Park, with special recognition to Mayor Jerry Taylor and Commissioner Robert Ensler. Vice Mayor Katz seconded the motion. Mayor Grant requested to add Stanley Gavlick with a special recognition for the second brick. Commissioner Penserga amended his motion to include Stanley Gavlick with a special recognition. Mayor Grant noted the option was not to include a picture, he suggested combining Option 1 and Option 2. Pointed out if the verbiage includes "through his leadership of the Boynton Veteran's Council, this park became a tribute to all who served protecting America, with the assistance of the Mayor, City Commission and the People of Boynton Beach." Ms. LaVerriere stated this was a different motion than Commissioner Penserga stated. Mayor Grant asked Commissioner Penserga to amend his motion. Amended Motion Commissioner Penserga stated he amended his motion to rename the park, Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. Through his leadership of the Boynton Veteran's Council, this park became a tribute to all who served protecting America, with the assistance of the Mayor, City Commission and the People of Boynton Beach. In addition to the two side bricks. Vice Mayor Katz seconded the motion. Commissioner Romelus requested clarification regarding payment for the monument. Mr. Kaiser has volunteered to fund the new signage. Vice Mayor Katz, stated it further shows the generosity of Mr. Kaiser who has offered to pay for the replacement of the sign. The requested sign was $3,000-$4,000; the City of Boynton Beach should cover this expense. Commissioner McCray stated this was the standard for all the signs. He was in favor of Mr. Kaiser not paying for the sign. 11 Page 271 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vice Mayor Katz indicated he was in support of the granite sign not the typical sign. Vote Motion unanimously approved. There was consensus regarding payment for the sign. 5. ADMINISTRATIVE A. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to FARTHER Outreach, a project of the Boynton Beach Community Development Corporation (CDC). Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously approved. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Penserga nominated Saddam Silverio as a regular member for the Arts Commission. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Marcia Levine as a regular member for the Arts Commission. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Dario Ayala as a regular member for the Arts Commission. Commissioner Romelus seconded the motion. 12 Page 272 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vote The motion unanimously passed. Motion Commissioner McCray nominated Clovis Moodie as a regular member for the Arts Commission. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus nominated Martin Klauber as an alternate member for the Arts Commission McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Robyn Lorenz as an alternate member for the Arts Commission. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Daniel Berger as a regular member for the Building Board of Adjustments and Appeals. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Damian Brink as a regular member for the Building Board of Adjustments and Appeals. Commissioner McCray seconded the motion. 13 Page 273 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Gerald Taylor as a regular member for the Citizens Oversight Committee. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus nominated Allan Hendricks as a regular member for Community Redevelopment Agency Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Dr. Viola Rada as a regular member for Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Dr. Tiffany North as a regular member for Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Shaquan Young as a regular member for Education and Youth Advisory Board. Commissioner McCray seconded the motion. 14 Page 274 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vote The motion unanimously passed. Motion Commissioner McCray nominated Chevette Gadson as alternate member for Education and Youth Advisory Board. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Ben Low as a regular memberfor Historic Resources Preservation Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Mike Wilson as a regular member for Historic Resources Preservation Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Jesse Feldman as a regular member for Historic Resources Preservation Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Elizabeth Sherlock as a regular member for Library Board. Commissioner McCray seconded the motion. 15 Page 275 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Dr. Stephanie Hayden-Adeymo as a regular member for Library Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Tim Litsch as a regular member for the Planning & Development Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Susan Oyer as a regular member for the Planning & Development Board. Commissioner Penserga seconded the motion. City Clerk Gibson indicated Ms. Oyer's application was received on Sunday, December 1, 2019. Vote The motion unanimously passed. Motion Commissioner McCray nominated David Katz as a regular member for the Planning & Development Board. Vote Vote died for a lack of a second. 16 Page 276 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Commissioner McCray nominated Dr. James DeVoursney as a regular member for the Planning & Development Board. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus nominated Darren Allen as a regular member for the Planning & Development Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Lyman Phillips as an Alternate member for the Planning & Development Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus nominated Charles Canter as a regular member for the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Renee Stern as a regular memberfor the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 17 Page 277 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Mayor Grant nominated Elizabeth Pierce-Roe as a regular member for the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz nominated Charles Frederick as a regular member for the Recreation and Parks Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray nominated Julie Mondello as an Alternate member for the Recreation and Parks Board. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray nominated Jennifer Gomez as a regular member for the Senior Advisory Board. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus nominated Alison Black as a Regular member for the Senior Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 1 Page 278 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mayor Grant stated some of the advisory boards do not have a quorum. Inquired of the City Attorney, if there is no quorum can the board make a recommendation to the Commission. Attorney Cherof replied they could not make any recommendations unless there is a quorum. Mayor Grant asked if there could be an informational meeting. Attorney Cherof indicated there cannot; there is a risk of communications without the quorum. Mayor Grant requested at the next Commission meeting the Commission would see which board has a quorum. He believed the Building Board of Adjustment and Appeal does not have a quorum. Attorney Cherof stated the last few meetings he attended had a quorum. Mayor Grant said only two applied for the seven vacant spots. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Romelus pulled items F, K, M and T Commissioner McCray pulled items M and T. City Attorney Cherof pulled items D and E. A. PROPOSED RESOLUTION NO. R19-144 - Authorize the City Manager to enter into an agreement for an annual subscription to EBSCO Novelist Database for one year in the amount of $8,286 for the Library. B. PROPOSED RESOLUTION NO. R19-145 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and SunTrust Bank for the 49th Annual Holiday Parade on Saturday, December 7, 2019. C. PROPOSED RESOLUTION NO. R19-146 - Authorize the City Manager to enter into an agreement for -annual subscription to Cengage Learning - Career Online School for one year in the amount of $5,090. D. PROPOSED RESOLUTION NO. R19-147 - Approve and authorize the City Manager to sign a one-year contract with automatic one-year renewals with Northwest Regional Data Center for the purchase of equipment and colocation services in the amount of $16,729.75. This contract is exempt from competitive purchasing requirements pursuant to Florida Statute 284.057(3) (e) (12). Mayor Grant read Resolution Nos. R19-147 and 1 R9-148 into the record by title. 19 Page 279 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 City Attorney James Cherof indicated Resolution No. R19-147 and Resolution No. R19- 148 has contracts as part of the backup. In those contracts there is a provision regarding venue in the event of a dispute. One contract states Leon County and one indicated the State of Georgia. The City always insist the venue is in Palm Beach County. He requested those two approvals be contingent upon an agreement of venue references being changed. Motion Commissioner Romelus moved to approve the change in venue to Palm Beach County. Commissioner McCray seconded the motion, which passed unanimously. E. PROPOSED RESOLUTION NO. R19-148 - Approve and authorize the City Manager to enter into an agreement for of an annual subscription to Bibliotheca CloudLibrary Database for one year in the amount of $2,000. Mayor Grant called Craig Clark Library Director to explain the $2,000 for the eBooks, and Bibliotheca Cloud Library. Craig Clark, Library Director explained this is a shared databased of eBooks. If a customer wanted to check out a title, it could be checked out from a different Cloud Library, which offers thousands of eBooks titles for library users to borrow and makes the overall library self-service experience better. Mayor Grant asked if this was the Overdrive system. Mr. Clark replied this was a different system. Mr. Clark explained this system would work with the library's new self-check systems that are forthcoming offering users an intuitive and engaging digital experience, which seamlessly complements physical library circulation activities. Library users can easily borrow physical items using their mobile device, receive reminders, manage receipts and discover new digital content all within the Cloud Library app. This will improve customer service. Commissioner McCray stated he uses Cloud Library, and stated it was long overdue coming to the City of Boynton Beach. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which passed unanimously. F. PROPOSED RESOLUTION NO. R19-149 - Approve and authorize the City Manager to enter into an agreement for renewal of an annual subscription to Recorded Books Transparent Language Database for one year in the amount of $2,400. 20 Page 280 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion, which passed unanimously. Craig Clark, Library Director explained Transparent Language database, which teaches multiple languages. Learn different languages, which include improving the English language skills. With this flexible program, you can quickly and easily learn new languages using a wide variety of courses and activities. Mr. Clark noted this is a well- used database. Commissioner Romelus stated there are apps such as Babble and Lingo which cost money to the user. Mr. Clark explained this program is free to the public; the cost to the City of Boynton Beach is about $3.00 per session. Vote Passed unanimously. G. PROPOSED RESOLUTION NO. R19-150 - Approve Amendment No. 1 to the language of the existing Emergency Services Agreement for Mutual Assistance and Automatic Aid between the City of Boynton Beach and the City of Delray Beach Fire Rescue. H. PROPOSED RESOLUTION NO. R19-151 - Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. I. Approve revisions to and addition of project(s) to the Fiscal Year 2019-2020 approved surtax projects. J. PROPOSED RESOLUTION NO. R19-152 - 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. K. PROPOSED RESOLUTION NO. R19-153 - Approve Consultant Agreement that will allow staff to offer the After School Outreach Initiative Program at Poinciana Elementary School. Mayor Grant read the Resolution No. R19-153 into the record by title only. 21 Page 281 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. Commissioner Romelus wanted to update the residents on how this program would help the community. Wally Majors, Recreation Directors, indicated this was part of the initiative, which the Mayor began, whereby the City works with local schools providing support to the afterschool program. This program is well received throughout the community. Commissioner McCray asked if there would be busing. Mr. Majors stated there would be no busing. Vote Unanimously approved. Mayor Grant thanked the Commission for approving this item. He stated most of the schools in Boynton Beach are Title 1 Schools, which means the students do not have the funds available to join the afterschool programs. He commented on the Vice Mayor's scholarship to attend any of the City of Boynton Beach parks and recreation activities. Mayor Grant wants the city residents to use the Parks and Recreation facilities, regardless of the cost. L. PROPOSED RESOLUTION NO. R19-154 -Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement between Palm Beach County First Responders related the "PSAP" (9-1-1 public safety answering point). M. PROPOSED RESOLUTION NO. R19-155 - Award RFP # 024-2110-19/RW and authorize the City Manager to enter into a two (2) year contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. Mayor Grant read Resolution No. R19-155 into the record by title only. Motion Commissioner Romelus motion to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked how the companies ranked. Randy Wood, Purchasing Manager, explained initially there were four staff members ranking the companies. Provided an evaluation of the written proposal, the team visited 22 Page 282 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 the sites, and the team discover some discrepancy from the written proposal. Staff requested clarification; there was a reevaluation of the proposals. There were two companies within .05 points. The team agreed to recommend Beck Towing, which had the highest franchise fee. Commissioner McCray inquired as to how long the City of Boynton Beach has used Beck's Towing. Mr. Wood responded since 1998. In previous years, the City has used two towing companies. Blake's no longer services the City of Boynton Beach. Beck's has serviced the City of Boynton Beach for the past year, and have proven themselves dependable providing the needs of the City. The team recommended a single source provider. They have demonstrative they could do the job as well as the highest franchise fee. Commissioner McCray stated when Beck's began in 1998; they began on a rotating basis. Mr. Woods believed this was true. Mayor Grant indicated there were some issues with towing companies not paying the City the franchise fee. Mr. Woods indicated this has been resolved. Vote Unanimously approved N. Approve piggy-back via Purchase Order of Sourcewell Contract 061015-SKI to purchase of new mobile truck lifts from Stertil Koni in the estimated amount of $52,347.24 as allocated in the Fiscal Year 2019-2020 Fleet Maintenance Budget, the Sourcewell Contract 061015-SKI meets the City's procurement requirements. O. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for December 03, 2019- "Request for Extensions and/or Piggybacks." P. Accept the written report to the Commission for purchases over $10,000 for the month of October 2019. Q. Approve Bid # 002-1412-20/MFD for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" to the following two (2) companies: SP Designs and Global Trading on a primary and secondary vendor basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $50,000. R. Authorize the Piggy-Back by Purchase Order of the Palm Beach County Term Contract 18055A for the emergency purchase and repair of fiber optic cabling between Rolling Green Tower and Public Works Administration by Precision Contract Services in the amount of $53,552.50 for two PO's previously approved 23 Page 283 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 by the City Manager. The City is allowed to purchase from Palm Beach County Term Contract. S. Approve the 2019 Repetitive Loss Area Analysis (RLAA) document, which will allow the City residents to continue to be eligible for a discount on flood insurance premiums. T. Approve Task Order UT-A-05 with W GI, in the amount of $29,377.00 in accordance with RFQ No. 067-2821-16/TP, Professional Survey and Mapping Services Contract awarded by City Commission on January 17, 2017 to provide professional survey and mapping services for the Alleys Abandonment project in the Ridgewood and Cherry Hills neighborhoods. Mayor Grant read the task order UT-A-05 into the record by title. Gary Dunmyer City Engineer noted this project was brought up to see if it was the Commission's will to vacate some vacant land. The land was a burden to take care of. Staff would like to move forward with the task order. The idea was to get the survey to support the application. The application would go to the Planning and Development Board. It would be advertised to the public, everyone within 400 feet would be notified, and they would be called in to state their support or objection at the Planning and Development Board. After that, this would come to the Commission twice. Commissioner McCray asked if this goes through, how would the City of Boynton Beach make sure the property owners take care of the alleys. Mr. Dunmyer stated they could put a fence up. The property would not belong to the homeowner. Commissioner McCray asked how the City would enforce the mowing of the alleyways. The people are not going to take care of the property and there would be snakes, and rats. He inquired what the cost to maintain the alleys was. Mr. Dunmyer stated the City uses a vendor at the cost of $21,000 per year. Commissioner McCray stated the City of Boynton Beach is not hurting for $21,000 to abandon the property. There would be rats; the people would not take care of the property. Mayor Grant asked if there were electrical poles. Mr. Dunmyer stated there are some electrical poles. Some of these would require easements. The City would vacate the alleyways. Mayor Grant asked what if the homeowner receives the abandonment and wants to place a fence on the property surrounding an electrical pole. Mr. Dunmyer stated they would be able to expand their fence to the limits of the easement. They would not be able to encroach upon the easement. Mayor Grant asked how could the City abandon an easement and tell the resident they cannot build there. Mr. Dunmyer stated they would abandon the alley and place an easement. 24 Page 284 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mayor Grant stated unless FPL wants to do underground lines, this is not beneficial to the community. Andrew Mack, Public Works Director, stated this has been done in the past. He indicated some homeowners might come to the City to ask the City to acquire the right-of-way and place an easement, does not mean they cannot build on the property. There has to be a hold harmless agreement with the permit, if they place a fence. The utility company would have access to take it down. Most of the utility in that area is water and sewer the City would take care of through sanitary lining. Mayor Grant indicated he does not have enough information regarding this item. Mr. Mack stated what staff is asking for is to have a survey done to get the process started. In some areas, the residents have asked for the property. He understands about the overgrowth. Enforcement through Community Standards enforcement. Commissioner McCray stated there are elderly residents and they contact him all the time. Now the City is asking them to begin to mow the alleyways. He does not believe they want the right-of-way. The City needs to continue to take care of the property; if not, there would be overgrown grass and vehicles in the alleyway. The residents do not take care of the property now. Mayor Grant understands with the survey aspect, but once the city begins with this issue, the City would be going into that direction of abandonment. Asked if the survey tells where the utility lines are. Mr. Mack responded the survey would show the legal and items within the survey. Mayor Grant indicated he would like to move forward. They are speaking three acres. Commissioner McCray noted Ridgewood and Cherry Hill neighborhoods do not make any sense. Cherry Hill is drug infested. If the City allows alleyways to be overgrown, there would be drug addicts hanging out everywhere. The City is only paying $21,000 to maintain the property. If someone comes in, the City should address case by case. The City would open a whole assortment of problems. Most of the property in this area is rental property. It would not benefit the area. Commissioner McCray asked the Commission please do not abandon the property. Vice Mayor Katz asked how frequently the City abandons the property. If could have always gone on the consent agenda. Mr. Mack responded it was about one or two per year.. This is surplus land. The maintenance done on a monthly basis. We need to increase the budget to maintain these areas if we are going to keep the area. Commissioner McCray said if you are going to give the alley to the people, put black tar. Do not give it to the resident. This City does whatever they want. He wants to keep the 25 Page 285 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 drug activity down. If this were done, there would be washing machines and other items in the allyway. Mr. Mack stated they would run some numbers to pave the alleyway. Mayor Grant stated if they want their property abandoned. Mr. Mack stated if the City decides to pave the alleyway there would need to be a different survey. At this time if the Commission is not going to move forward with the abandonment, he would rather wait until staff can bring back a full disclosure package. Commissioner McCray stated if there is paving there would be many other problems. Mr. Mack stated before the City considered closing off the alleyway. Motion Commissioner McCray Moved to table. Vote Died for a lack of a second. Mayor Grant stated the item died for a lack of a motion. There was a consensus to look at improving the alleyway. Lori LaVerriere, City Manager stated there would be a cost estimate. Commissioner McCray noted this was going to be a racetrack. Indicated Cherry Hills and Ridgewood is ok as it stands now. The City should keep mowing the alleyway. U. Approve the minutes from City Commission meeting on November 5, 2019. Motion Vice Mayor Katz moved to approve the remainder of the agenda. Commissioner Penserga seconded the motion, which unanimously approved. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-156 -Approve utilizing the City of Charlotte contract #2017001135 thru US Communities with Kompan, Inc., for Town Square Adventure Park Equipment in the amount of $217,274.77 for the Museum Park area and $461,201.94 for the Kapok Park area for a total estimated expenditure of $678,476.71 and authorize the City Manager to sign a piggy-back Contract with 26 Page 286 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Kompan, Inc. US Communities contract satisfies the City's procurement requirements. B. PROPOSED RESOLUTION NO. R19-157 - Approve Change Order No. 10 for Purchase Order #181081 with Ric-Man International, Inc. in the amount of $795,174.79 for the Central Seacrest Corridor Utility Improvements Phase II project, increasing the total Purchase Order amount to $13,609,259.37. C. Approve the purchase of replacement vehicles as authorized in the Fiscal Year 2019-2020 budget in the estimated amount of$3,007,135 by utilizing the following contracts and quotes: Florida Sheriffs Association, FSA18-VEH 16.0, FSA19-VEH 17.0, and FSA19-VEL 27.0 and Sourcewell Contracts 040319-CEC, 062117-TTC and 122017EXP. These contracts satisfy the City's procurement requirements. Mayor Grant stated the City of Boynton Beach Police would receive seven hybrid vehicles and 9 non-hybrid vehicles and interceptors. Inquired why only seven hybrid versus nine non-hybrid. There are police interceptions, which are police cars. Asked if the City was using the seven hybrids as a test to see if they work out better than the other cars. Andrew Mack, Public Works Director, stated this was the first time these hybrid electric vehicles are being used as an interceptor. Vice Mayor Katz inquired about the advertised performance of the hybrid comparable to the gas power. Mr. Mack replied the hybrid performs better than the gas-powered vehicle. Mayor Grant indicated the reliability of the hybrid vehicle has not been tested. This was a police interceptor vehicle. Mr. Mack replied this is the first year which this vehicle is available, but there is substantial data on electric vehicles, this is a police interceptor type of vehicle. Motion Commissioner McCray moved to approved. Commissioner Penserga seconded the motion, which unanimously passed. D. Approve Phase II of Task Order UT-1 E-02 with Gentile Glas Holloway O'Mahoney, in the amount of $83,722.96 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to perform the final engineering design for the site improvements at Meadow's Park. The original task order was for $15,358.12. The amended task order amount will be $99,081.08. 27 Page 287 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Commissioner Penserga moved to approve the remainder of the consent agenda. Vice Mayor Katz seconded the motion, which unanimously passed. 8. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. CITY MANAGER'S REPORT A. Consider options to rename Veterans Memorial Park in honor of Tom Kaiser. (Heard earlier on the Agenda) B. Requested Action by City Commission: Authorize staff to implement the Inclusion Works Business Recognition Program and approve the use of 1% of Business Tax Receipts to fund the program beginning in FY2020. Mayor Grant read the item into the record by title only. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. C. City Lobbyist, Mat Forrest of Ballard Partners, will present the key issues/bills facing the City during the 2020 Legislative Session. City Commission to discuss and approve Legislative Priorities for the 2020 Legislative Session in Tallahassee. (Heard Earlier on the Agenda) D. Presentation by staff and grant recipients on FY18-19 Entrepreneurship and Business Incubation Grant Program results and findings. John Durgan, Economic Development Specialist, noted the grants recipients who were in attendance: GBDC Entrepreneurship Institute — Annette Gray, Joe Russo, Executive Director 1909, Connect to Greatness, Inc.- Cassondra Corbin-Thaddies, Be.Lead.Grow- Dr. Angela Shuttleworth, founder. Commissioner McCray requested whenever there are presentations, he would like to see them earlier in the meeting. Mr. Durgan provided an overview of funded grants for fiscal year 2018/2019. The City of Boynton Beach funded two incubator programs, one new and one existing. Funded works 2 Page 288 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 groups on Entrepreneurship on Youth, Technology, Women, and Regional Networks. He indicated the two incubators funded were the GBDC Entrepreneurship Institute and 1909. The Startup Spark run by 1909 is a 4-week collaborative program designed to help idea- staged founders refine their business ideas, plug into the local entrepreneurial ecosystem and build positive momentum. Within the startup Spark, 1909 accepted application forms, online forms, 16 applications were received and the facilitator interviewed each candidate. There were 12 cohorts' members of the incubator, 12 founders from 9 different companies. He explained the process of the startup Spark. Provided the process of the application course detail and event of the startup Spark. Mr. Durgan provided a list of the 2019 Startup Spark cohort: ABC Purple, True Revue, Gentle Art Technological Research, On Track Transitions, Premier Virtual, Rajasaurusrex, Palm Solar, Unseen web Store, Boynton Yard Management Company. The next grant funded was the GBDC Entrepreneurship Institute. Provided a written application online, facilitator interviewed for each candidate. There were 27 cohorts, they held 8 different workshops, and they coached more than 150 hours. The Cohorts included, Pride Tribe Inc., Brandon Flowers Foundation Inc., JPGED LLC, My Honey Cooks, ICH Collection LLC, Reinvent Cosmetics, Classic Touch Lawn and Maintenance Growth, Pharris Luxury Wedding & Events Beauty Lounge. The GBDC Entrepreneurship Institute started two business, converted from a LLC to an S Corp, developed consumer surveys, progresses 10 business plans, trademark search, and logo designs. In addition, the City of Boynton Beach funded several workgroups, Workgroups on Women, Youth, and Regional Entrepreneurs. Mr. Durgan provided a brief overview for fiscal program for 2019/2020. Incubators: Women Owned Businesses, Young Entrepreneurs, Technology Companies. Workgroups: Sustainability, Hospitality/Tourism, Health, and the Gig economy. Commissioner McCray inquired amount the amount of the grant. Mr. Durgan indicated for fiscal year 2019/2020 the grant would be $50,000 for the incubators and the working groups. Ms. LaVerriere noted based on the comments received by the Commission, instead of doing two larger grants, and then a couple of $5,000 grants, they are providing more recipients. Commissioner Penserga indicated this was a great start. Need to think about increasing the amount of funding. Mayor Grant pointed out he likes the $50,000 funding amount, as this is taxpayer's money being allocated. He appreciates the time and effort with different events. He requested looking for money from different avenues. Commissioner Romelus asked to restate the mission. 29 Page 289 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mr. Durgan restated the mission of the grant was to help, not solely fund the incubator; it was to offset the cost of the incubator. The City is looking to offset new businesses. Commissioner Romelus asked when this phase comes into play for new businesses. Mr. Durgan indicated both he and Mr. Scott are in the process of reviewing the reports for this fiscal year, and creating some initiatives. Sheila Oscivado, Delray Beach, Consultant for the Youth Initiative Project, pointed out 71 youth responded to the survey, 68% of middle school and 73% speak a second or third language. The youth was aware what they wanted. The youth all but four were in the category to become an entrepreneurial. The businesses were not interested in helping the youth. Please consider having an incubator for the businesses. Allen Hendricks, 122 SE 4t" Avenue, excited to announce he opened a business in Boynton Beach. The company called Pride Tribe, which is an ALF. He is excited to report this is an endeavor of the heart. This program has helped get his business off the ground; this business would employ residents of Boynton Beach. Commissioner McCray pointed out the person before indicated they are reaching out to the youth of the Community, he asked would Pride Tribe do the same. Mr. Hendricks indicated they are focusing on the elderly; mostly focused on the LGBT elderly in Palm Beach County. Joe Russo, 1909, thanked the City Commission and staff for facilitating a great program for the City of Boynton Beach. Thanked Mayor Grant and Commissioner Penserga for coming out and judging the pitch night for some of the Boynton Beach applicants. They supported 15 companies in Palm Beach County. Annette Gray, 1500 Gateway Blvd, noted she has been doing youth entrepreneurship, in Boynton Beach for 15 years; there is a lack of knowledge sharing. There are many non- profits helping young people, she provided some examples of resources for young people. There is a lack of information. Let us focus on sharing information. Cautioned incubation does not happen from June to October. She still had 27 applicants who needed mentorship. Her company completed 150 hours of one-on-one coaching. Commissioner Romelus indicated one of the objectives was to get minority owned businesses to become certified. Ms. Gray indicated her company held two workshops, and explained in order to work with the county there must be an established business. Andre Thaddeus Connect to Greatness, interviewed and surveys 71 students from Boynton Beach Community High School, Congress Middle School, South Technical Preparatory Academy, and South Technical High School. Students want opportunity. The students want to remain in the Boynton Beach area. 30 Page 290 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Commissioner McCray asked how to reach the children who want to have the opportunity. How to get businesses to speak with the program manager. Mr. Thaddeus asked about the youth empowerment center in Boynton Beach. Suggested having community partners with the local high schools. Commissioner Romelus inquired how the program she spoke about Changing the Narrative is coming along. Sheila Oscivado noted Changing the Narrative was awarded to be a participant in the service-learning project; through Nonprofits First, a group will take them on as a project. They would incorporate this into their campaign piece. Dr. Angela Shuttleworth, Be.Lead.Grow indicated this program facilitated working with women. Some of those barriers not spoken about was social capital. The unique barriers, which women face, tying to be everything to family and the business. . Commissioner Romelus ask what was needed. Dr. Shuttleworth replied time and space, especially in the new Town Square. David Scott, Economic Development Director, thanked the Commission for providing $50,000 in funding. An additional $50,000 for the next phase of this project. In the beginning, they begin with two existing incubators and the workgroups. The workgroups designed to provide challenges. The upcoming years incubators would address the issues provided. They were provided $10,000 with the existing incubators to come up with solutions. He stated $10,000 does not provide much to the incubators. Mayor Grant indicated hopefully they could find an incubator that address the issues of the youths and business partners. Mr. Scott indicated they are looking at facilitation of this issue as a City. Commissioner McCray asked had Mr. Scott already reached out to the businesses regarding the youths and the businesses. Mr. Scott stated the Economic Development office has been reaching out to the businesses within the community attempting to get a partnership established. He noted the Economic Development staff is attempting to collaborate with the school system to have businesses come in and provide some type of presentations to the students. Commissioner Romelus likes the idea of businesses going into the schools, but what she has heard tonight was that the students need real world experience. Mr. Scott pointed out it was about mentorship as well and internship. He suggested it was like a miniature shark tank for young people. Commissioner Penserga asked for clarification regarding the mini shark tank in the school. Mr. Scott replied it could be business plans competitions, the program he is the 31 Page 291 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 business owner goes in and bring together with the youth, the owner provides a challenge and the youth submit resolutions to the problem. Commissioner Romelus inquired what if any relationship does the City have with the Chamber of Commerce. What can the City do to encourage the chamber support some of the initiatives the City has for the future. What type of action is the city engaging in to create a better relationship with the Chamber of Commerce? Mr. Scott noted the City has a working relationship with the Chamber; they have their own youth program. There is room for additional conversations. Commissioner Romelus asked if the City of Boynton Beach was a member of the Chamber of Commerce. Mr. Scott replied the City was a member of the Chamber. They are willing to collaborate with the City of Boynton Beach. Mayor Grant inquired if the City of Boynton Beach was a member of the Central Chamber of Commerce of Palm Beach County. Indicated if the City is a member he directed Mr. Scott to reach out to them and invite the Central Chamber of Commerce of Palm Beach County to come out and explain their mission, and how they can support Boynton Beach. Mr. Scott agreed. He noted that Habitat has a young professional group and is another partner to leverage their resources. Motion Vice Mayor Katz moved to approve. Commissioner seconded the motion, which unanimously passed. 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-158 - Approve and ratify reopened Articles of SEIU Blue Collar Collective Bargaining Agreement. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion, which unanimously passed. PROPOSED RESOLUTION NO. R19-159 - Approve and ratify reopened Articles of SEIU White Collar Collective Bargaining Agreement. 32 Page 292 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion that unanimously passed. B. PROPOSED RESOLUTION NO. R19-160 -Authorize the Mayor to sign the Third Amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 19/20 for an amount not to exceed $532,900. Motion Commissioner Penserga moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. C. PROPOSED RESOLUTION NO. R19-161 - Opposing offshore drilling activities, including seismic airgun blasting. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. D. Consider rescheduling Commission meetings that conflict with elections on March 17, 2020, August 18, 2020 and November 3, 2020. Mayor Grant directed staff to come back with alternate dates. Lori LaVerriere, City Manager stated typically, in the past the date moved to the next Wednesday. Inquired if the Commission could review their calendars and staff would make a determination. There was consensus to move to the next Wednesday. Mayor Grant stated this item needs to be brought back and voted on. E. Review and action on Annual Performance Evaluation for the City Manager. Julie Oldbury, Director of Human Resources and Risk Management, said this is the Commission's opportunity with her annual performance evaluation. 33 Page 293 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mayor Grant questioned if the increase is done on an annual basis; there were no measurement from other municipalities. He stated in Delray, they are offering $260,000 for the new City Manager. He would like to have a spreadsheet of the different City Managers in the areas with different categories. Pointed out Ms. LaVerriere was doing an excellent job. Commissioner McCray asked for the City Manager's current salary. Ms. Oldbury replied the current salary was $200,000. Commissioner McCray stated we do not need to match any city we need to be compatible. The City of Boynton Beach tax base is not as high as the City of Delray, and the employees are not getting the same type of increase. There was a consensus for Ms. Oldbury to comeback to the Commission with comparison cities. 12. LEGAL A. PROPOSED RESOLUTION NO. R19-162 - Approving the Solid Waste rates and charges for residential and commercial customers. Mayor Grant read proposed Resolution No. R19-162 into the record by title. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which was passed unanimously. Commissioner Romelus asked if this item was already discussed. Lori LaVerriere, City Manager noted this is the resolution adopting the rates, which were moved out of the preexisting ordinance. Attorney Cherof stated the ordinance allowed for fixing the rates by resolution, when the ordinance was adopted the rate was not changed. This is the follow-up to the first resolution pursuant to the ordinance-changed rates. Commissioner McCray asked if there were going to be an improvement in services. Davidson Monestime, Solid Waste Manager, replied they are expecting to see more improvement. They are expecting see more improvement throughout the next couple of years. They have made some changes to the existing Code of Ordinances and streamlined the service fee, which was adopted in July. 3 Page 294 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Commissioner McCray pointed out the citizens came and stated they were not pleased with the services the City is providing. Commissioner McCray pointed out the Commission provided new trucks, employees and everything, which was requested the complaints have not stopped. He noted nothing was said of the districts on the west side of 1-95 having problem. Mr. Monestime stated they have early setout issues. They have the equipment and personnel. The areas where they have the most issues are being monitored. They have the household loose trash, and unlimited bulk pick-up, and reinstated the three cubic yard limit pickup, to be adopted with the new resolution. Commissioner McCray stated there should be education being provided to the residents, such as door hangers, and brochures. He wants everyone treated equally. These are legitimate complaints. Mr. Monestime stated he was passionate about customer service. Commissioner McCray stated the residents have legitimate complaints. Andrew Mack, Director of Public Works, indicated part of the problem was education of the residents. There was a program, where a code officer would go around and issue a warning, and if the resident did not comply, then the residents would pay a mandatory fee. There was some restructuring of the department and the position eliminated. The City is reinstituting this program, in partnership with Community Standards. It was going to take some time to reeducate the residents. Commissioner McCray pointed out the City of Delray assess fines. Mr. Mack stated he wants to give the residents notice prior to assessing fines. Commissioner Penserga stated illegal dumping is everywhere in the City of Boynton Beach. He wanted to separate the two different cases. One is in residential areas, and one, which does not have adequate lighting. In the situation of dumping in residential areas, there are people throwing out mattresses. There needs to be education. He noted there was a mandatory service charge, and the service charge is $50.00. He would like to propose an increase in the service charge. His recommendation is to create a tied system, education, notification; the fees would go from $50 to $100. Mayor Grant stated he did not believe the City could be punitive in collecting these fines. Mr. Mack stated the $50.00 is already on the books, and this would clarify how it would be processed. Commissioner Penserga asked for clarification regarding the $50 on the books. Mr. Mack indicated when this was done back in July 2019, all of the Solid Waste fees were set by Ordinance, when it was changed to resolution. When this was done, the mandatory service charge and special pick up remained. This actual resolution taking it from the ordinance and placing it on the fee schedule. Indicated the City can do a special pickup with a maximum amount of three cubic yards. 35 Page 295 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mayor Grant asked if certain people could be charged $125 for a mandatory service and a special pick up charge. Mr. Mack provided some explanation charges. Mayor Grant asked why anyone would call for a special pick up, if it were only $50 for the mandatory pick up charge. Mr. Mack indicated the fee could be changed to $75. Mayor Grant stated he wanted both to be $50, to see if that works out. Mr. Mack pointed out $75 is the minimum charge for the special pick up. Mayor Grant stated if the City does not explain how the city charge above for the $75, there might be some legal ramifications. Mr. Groff stated if there is an early set out, and there is a large pile there would be a fee, after warning plus additional cost if it is not cleaned up. Staff can bring back other options. Tonight is to clean up the ordinance and bring back some additional options. Mr. Groff stated if was up to the Commission how the process would work. Mayor Grant stated the special pick up and mandatory service are different charges. Mr. Mack stated if a resident placed items up to three cubic yards, there is no fee. If the items were not placed on the correct date, there would be an extra fee. If they place 10 cubic yards they would need to have a special pick up or pull it back. Mayor Grant asked if the City list the cost per cubic yard. Mr. Monestime stated typically it either 3 or 6 cubic yards. Mayor Grant asked if it were 2 cubic yards how much would it cost. Mr. Monestime replied it would not be a cost because 3 cubic yards are included in their rates. Mayor Grant asked how you could say there is a minimum, if staff do not explain how they charge for more yards of trash. Mr. Monestime replied typically it goes by the dump fee. Mr. Mack stated it is charged per ton. The City has a contract with Solid Waste Authority. Mayor Grant stated all the other charges are written down, but the cost for the cubic yard are not written down and how it is charged. Commissioner McCray stated there are the landscaping owners, which is cheaper to have a special pickup. Commissioner Penserga inquired about the process for repeat offenders. Mr. Mack stated currently the way in which it works, Community Standards would create a case for placing the trash out early. They wait the seven days and now it is back to the bulk trash day. This is the reason for the mandatory service charge. Ms. LaVerriere stated this is one of the reasons there are complaints the trash is not being picked up. The City does not have the ability to fine and pick up. 36 Page 296 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Mayor Grant stated the sanitation department would pick up the trash and not go through Community Standards; the City would charge a mandatory service charge. Mayor Grant stated if it were a vacant lot, it would be assigned to Community Standards. Mayor Grant indicated during the hurricane season, he witnessed his neighbor, with over three cubic yards without any extra charges. Mr. Mack stated there are no limits for bulk trash pickup. Mayor Grant asked if the resident does not pay their utility bill, would the water service be scheduled for disconnection. Mr. Groff replied if the fee is on the bill and the resident does not pay their bill in full, they will go on the cut off list. There would be mechanisms in place for a payment plan. Mr. Groff explained this is after education. They are not getting a fine the first time. Mr. Mack stated he intended to use social media to get the word out about the new regulations including some Public Service Announcements. Mayor Grant stated he would like to see monthly Public Service Announcements and invited the Sanitary Department to join the City of Boynton Beach Facebook. Commissioner Romelus inquired how this works for apartment buildings. Mr. Mack indicated if they have an individual meter. All the residents of the building would be assessed. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion, which unanimously passed. B. PROPOSED ORDINANCE NO. 19-043 - FIRST READING - Approving the abandonment of an FP&L utility easement within the Ocean Breeze East development, located at 100 NE 7t" Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments LLC. Attorney James Cherof read proposed Ordinance No. 019-043 into the record on first reading. Motion Vice Mayor Katz Moved to approved. Commissioner McCray seconded the motion. Commissioner McCray complimented staff on a job well done. 37 Page 297 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Vote City Clerk Gibson called the roll. The motion unanimously passed. C. PROPOSED ORDINANCE NO. 19-040 -SECOND READING -Approve proposed amendments to Part II, Code of Ordinances, Chapter 10, Article II, Refuse, Garbage and Trash, Section 10-23 & Section 10-24, Amending definitions and codes clarifying mandatory service charge to curtail illegal dumping. Attorney James Cherof read the proposed Ordinance No. 019-040 into the record by title only on second reading. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. Davison Monestime, Solid Waste Manager, indicated there were three major issues that needed to be addressed: placement of household garbage in a loose and uncontained manner on the roadside, unlimited bulk trash/vegetation and collection of yard trash piled separately from all other trash. Explained the mandatory service charge process and implementation. The City has implemented the MyCivic application which provides better citizen engagement and allow for the solid waste personnel to take pictures of violations and upload into the system. Mr. Monestime explained the differences between the various types of household and yard waste. There would be public service announcements and additional educational opportunity for the public. Mayor Grant indicated his only concern was the special pick up and fees associated with the pickup. Mr. Monestime explained the process and educational features being put into place. Mr. Monestime noted fees would not begin until February 14, 2020. Vice Mayor Katz applauded staff for getting this done. He expects people to complain, but as long as there is a warning system prior to the implementation of fees, he was in favor. Commissioner Romelus thanked the Commission for having this on the agenda. This item was long overdue. Vote City Clerk Gibson called the roll. The motion unanimously passed. D. PROPOSED ORDINANCE NO. 19-041 - SECOND READING — Approving amendments to Part II, Chapter 15. Offenses-Miscellaneous of the Code of Ordinances, and Chapter 1, Article I. General Provisions and Chapter 3, Article I. 33 Page 298 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 Overview of Part III 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. City Attorney James Cherof read proposed Ordinance No. 019-041 into the record by title only. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. Vote City Clerk Gibson called the roll. The motion unanimously passed. E. PROPOSED ORDINANCE NO. 19-042 - SECOND 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. City Attorney James Cherof read proposed Ordinance No. 019-042 into the record by title only. Motion Commissioner McCrary moved to approve. Commissioner Penserga seconded the motion. Vice Mayor Katz asked for discussion. Indicated he spoke with the City Manager regarding the issue with the dog park. The owners are neglecting the property. Andrew Mack, Public Works Director, indicated staff reached out to the Property Owners Association (POA). The Property Owners Association is the responsible party to maintain the dog park. There was a very positive meeting and the POA recognized there was an issue. The Property Owner Association is working on a corrective action plan; there was also a meeting with the property manager. The POA recognized the dog park is an asset to the association. They spoke about some retrofit of the Southside dog area. Vice Mayor Katz stated this was neglect to the property. The park is well used. The Property Owners Association needs do better. Mr. Mack stated the POA did not understand the full dynamics of maintaining the dog park. The POA hired a regular 39 Page 299 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 landscape person; not understanding the need to hire a specialist to maintain the dog park. Mr. Mack would bring an agreement back from the POA in January 2020. Vote City Clerk Gibson called the roll. The motion unanimously passed. Mayor Grant indicated on the Future Agenda, he spoke with Representative Mike Caruso, had a bill regarding septic tank inspections. He was not aware how many people in the water utility could use. He understands the City deals with stormwater; he would like to see if the City could do some septic tank inspections. He noted in the Palm Beach Post there was a $30M bond issue for Parks and Recreation Department. The City has received the penny sales tax. In the downtown playground areas, the City is looking for private sponsors to place their name on the parks. This is in addition to Girl Scout Park, Leisureville Park, Eco Park, and other parks throughout the City of Boynton Beach. Asked if the Commission was willing to have a Parks and Recreation Bond. He would like to discuss this item on the Future agenda; he would like to have this placed on the November 2020 ballot. Commissioner McCray inquired if the Mayor was requesting to create a bond issue to charge the residents for parks. Mayor Grant discussed the sale of the nickels property west of the mall. He made the request and the board approved the Vision Zero. Ms. LaVerriere explained staff was attending the Vision Zero workshops. The Mayor requested a resolution on becoming a Vision Zero City. Commissioner McCray asked for clarification about the $30M bond for the Parks and Recreation Department. Mayor Grant clarified the City of West Palm Beach has a $30M recreation bond. The City of West Palm Beach has been doing it for 20 years. Commissioner McCray asked if the Mayor was requesting to have a Bond for the City of Boynton Beach. Mayor Grant said yes. The City has an Eco park, downtown park, and Leisureville Park, the City does not have funds to build, and there is an option to maintain, but not do both. He wants the residents have an option to build a Youth Empowerment Center, which is an option he would like to give to the residents. He believes the City should have that option available. Commissioner McCray suggested making it after the March 2020 election, even for discussion. Commissioner McCray stated the Commission is killing the citizens with these additional taxes. Vice Mayor Katz stated he supports Commissioner McCray's request this item should wait until after the election. Vice Mayor Katz indicated he does not have a problem having 40 Page 300 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 a conversation regarding the bond issue, but he was not in support of voting on this item. He has no problem having a discussion after the election regarding a bond referendum. Mayor Grant asked to have a discussion at the first meeting in April 2020; the Commission could discuss or take it off. Commissioner Penserga requested a discussion regarding opportunity zones. He would like to create an opportunity zones taskforce. There was consensus to create an opportunity zone taskforce. Vice Mayor Katz suggested reviewing/revising the start time of the meeting from a 6:30pm to a 5:30 pm start time. He explained he would not be in attendance at the December 17, 2019. There was consensus to discuss the change in meeting starting time. 13. FUTURE AGENDA ITEMS A. Sale of City parcel on NE 4th Street to Boynton CRA - December 17, 2019 B. Quarterly Census updates by Laura Lansburgh, Marketing Manager: December 17, 2019 February 18, 2020 14. ADJOURNMENT Motion There being no further business to discuss Commissioner Romelus moved to adjourn. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 11:20 pm. (Continued on next page) 41 Page 301 of 473 Meeting Minutes City Commission Boynton Beach, Florida December 3, 2019 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 Queenester Nieves Deputy City Clerk 42 Page 302 of 473 Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, December 17, 2019, at 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Commissioner Shana Bridgeman, Assistant City Attorney Christina Romelus, Commissioner Crystal Gibson, City Clerk Ty Penserga, Commissioner ABSENT: Justin Katz, Vice Mayor 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation - Elder Lester, New Disciples Worship Center Pledge of Allegiance to the Flag led by Commissioner Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to delete item 6-F. Commissioner McCray inquired why this item was being deleted. Lori LaVerriere, City Manager, responded the agenda item needs to be amended. This is a change order for roof repair. Additional damage was found so the item needs modification. Mayor Grant requested to add announcement for 3-B regarding menorah lighting at the Boynton Beach Mall. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner McCray seconded the motion. Page 303 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner McCray wished everyone a Happy Holiday. Announced the passing of his brother. The service will be at the Community Deliverance Church 202 NW 9th Court and burial at Palm Beach Memorial Park. Commissioner Romelus wished everyone a happy holiday season. Commissioner Penserga gave condolences to Commissioner McCray and wished everyone a Happy Holiday. Mayor Grant indicated on December 4th he attended a Mayor's round table in the City of Bal Harbor, speaking about hate crimes and anti-Semitism. He received some standard operating procedures (SOP), and worked with the anti-defamation league to get information for the City of Boynton Beach, Police Chief. He attended the Florida Department of Transportation meeting, regarding construction along the interchange heading eastbound on gateway; they would add another right hand turn lane. December 5th attended business over coffee. In addition, he attended a meeting with PEACE regarding Community ID program. December 6th he attended a farm tour in the Glades area given by the Florida Sugar grower's league. Mayor Grant stated hopefully he could create a new partnership with the high school in their BASA program; they need drone operators in the field. In the afternoon, it was the League of City, tri-city barbeque, which was well attended. He suggested the Commissioners to take the farm tour. December 7th he attended the Pearl Harbor ceremony. Attended the City of Boynton Beach Parade and light up the park. December 9th he attended the INCA holiday party. December 10th he attended a SCORE luncheon. December 11th he attended the luncheon for Public Works. Noted it was once called the dumpster graveyard, the Public Works department has made this area amazing. In addition, he attended the holiday party for the Fire Department. December 12th he attended the Metropolitan Transportation Planning (MPO) Agency meeting, which approved the long-range transportation plan as required by the Federal government to certify the MPO. Attended a finish America Chamber of Commerce and spoke with a representative regarding having a mid-summer event next June 2020. Attended a meeting with Palm Tran service board, as well as attended the Gold Coast Band Holiday concert. December 13th he was the judge at the boat parade. He also spoke with Ted Hodkinson regarding his item on the agenda. Commissioner Penserga commended staff on the holiday and boat parade. Commissioner McCray asked about the attendance at the parade. Commissioner Romelus enjoyed the parade. 2 Page 304 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS A. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Laura Lansburgh, Marketing Manager, indicated April 1, 2020 is the Kickoff; the team decided it would be 72%. The City distributed 25000 postcards and 50 posters at City facilities, outreach and local events. There is a dedicated Census web page, which had 1000 page views. The city has two computer labs, and the backdrop is the Census information as well as the City logo. There were many promoting the Census. There was Facebook live regarding the census. There were bookmarks, fanfare magazine and center ads, sowed some sample social media accounts. City Magnets for city vehicles. License plate frames, the marquee at the Library was changed to include the census 2020 information. Presentation to the PBC city management association members. Commissioner Romelus inquired as in regards to the brochures, these are going to everyone. Ms. Lansburgh replied, everyone who receives a utility bill would receive the brochures. Ms. Lansburgh stated The Palm Beach post included an article regarding City of Boynton Beach Census. Ms. Lansburgh pointed out the City was focusing on the hard to count areas, which has been identified. There would be training available for staff regarding the census. John Durgan, Economic Development Specialist, noted there would be a Census Job fair the second week in January. The City of Boynton Beach has collaborated with Pathways to Prosperity and a Healthier Boynton Beach. The Census Company would need to hire 5000 workers. Mr. Durgan stated the starting range is $17.50 for field workers and $15.50 for clerical workers. Jobs last January through July 2020. Commissioner Romelus asked if there are any restrictions. Mr. Dugan stated a criminal background does not preclude from being a worker. Not be a resident. Must be 18 years old and have transportation. B. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the 2020 Martin Luther King Jr. Celebration event. Eleanor Krusell, Public Communication and Marketing Director, announced the 2020 Martin Luther King Jr., Celebration event in partnership with the Community Redevelopment Agency, the community is invited to attend. This event will be held at Sara Sims Park, January 20, 2020 @ 12 noon, and invited all community members to be a part of planning this event. 3 Page 305 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner McCray asked if this was the only celebration for the Dr. Martin Luther King Jr. The community has been reaching out to the City to be a part of the celebration. In the park, there was a parade, a gala, a march just to name a few. The Churches in the area stated they have reached out, but have not received a response from the City. Mayor Grant asked if there was an MLK committee. Ms. Krusell indicated this is what she is encouraging this tonight. Mayor Grant stated Monday January 20, 2020, is the federal holiday of day of service. Mayor Grant asked what would be the best way to get involved with the committee. Would we have more information at the next commission meeting? Ms. Krusell replied they are getting the cards and brochures out in the next couple of weeks. Those wishing to receive additional information can call 561-742- marketing@bbfl.us Mayor Grant asked if there was a planned a meeting with the MLK committee before the January 7, 2020 meeting. Ms. Krusell indicated this was the first step; staff are reaching out to the community to form the committee. I hope there could be a meeting prior to the end of the year. Mayor Grant stated there should be a meeting by December 30, 20197 Commissioner McCray asked if you have reached out to the committee, which served last year. Ms. Krusell noted staff has not reached out. Commissioner McCray stated this would be a great starting place. C. Announcement by Eleanor Krusell, Public Communications and Marketing Director, of the 12 winning entries of the 49th Annual Holiday Parade. Eleanor Krusell, Public Communication and Marketing Director, announced the award winners, Outstanding Musical Performance- Galaxy E3 Elementary School Dynamic. Outstanding Use of Technology- Poinciana STEM Elementary school. Outstanding Artistic Design-Sunshine Circus Arts. Outstanding display of fantasy- Delray Beach Medical Center. Outstanding Depiction of Life in Boynton Beach-Boynton Beach Inclusion Team. Outstanding interpretation of a theme-Boynton Beach Lake High, Rams Band. School Outstanding Display of entertainment, Boynton Beach Community High School, Tiger Sound Band. Outstanding whimsical- School House Museum and learning center. Most Creative- FBI Kids and Dream Team Elite Dance. Staff develop online photo gallery on Facebook, and created a people choice award- Bright Horizons at Boynton Beach. The Mayor Traveling trophy - Southern Customs Iron & Art. Mayor Grant asked if the pictures taken could be upload so anyone could review /download the pictures. Ms. Krusell replied the pictures are on smug mug and the residents do not have access to the pictures. Noted there was also drone footage of the crowd. 4 Page 306 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner McCray stated to the Galaxy E-3 elementary School wanted to congratulate them. The City of Boynton Beach should be proud of this school. He also wanted to give kudos to Poinciana Elementary. Commissioner Romelus noted Palm Beach State College participated. She is a professor at Palm Beach State College. In addition, these children are amazing. D. Menorah lighting in the City of Boynton Beach, by Chabad Boynton. Mayor Grant noted Chabad Boynton for the 25th Annual Menorah Lighting Ceremony, would like to request the marketing department reach out to the Chabad Boynton to promote this event on December 29, 2019-from 3-5 pm. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Suzanne Ross, Schoolhouse Children Museum stated November ended on a high note. Increase membership sales in relations to last year. There were many new faces. Additionally a new funder selected the museum as an organization to support. The Henry Niehaus foundation supported their initiative to support and reach more underserved children. The grant is for $15000, for the museum on the go, and other stories. Commissioner McCray congratulated her on the $15,000 grant. Mayor Grant asked if the Children Schoolhouse Museum would be celebrating New Years on Noon. Ms. Ross replied no. Ed Chase Director of Intergovernmental Affairs thanked the City of Boynton Beach for the support for the census 2020. He stated it is imperative to count every single vote. Noted the City of Boynton Beach is one only a few Cities, which has created a complete, count committee. Pointed out the City of Boynton Beach was ahead of all other municipalities in Palm Beach County. Every person counted means money to the City. Thank you to for empowering city staff. Commissioner Penserga asked how much money the City receives for each person counted. Mr. Chase replied each person counted, the City would receive $1600, per person per year. Herb Suss, 1701 Wood Fern, in the pass he told him about his Alzheimer situation, last three weeks he changed his diet. Indicated getting rid of meat would help climate change. 5 Page 307 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Penserga nominated Sharon Grcevic to regular member of the Community Redevelopment agency Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant nominated Angela Cruz to the Community Redevelopment Agency Advisory Board. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Penserga nominated Angela Cruz to the Senior Advisory Board as a regular member. Commissioner McCray seconded the motion which Vote The motion unanimously passed. Angela Cruz thanked the commission for the nomination. Indicated she was a recent homeowner and wanted to get involved with her city. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve rescheduled Commission meeting dates due to conflicts with elections in 2020: March 17, 2020 rescheduled to March 18, 2020; August 18, 2020 rescheduled to August 19, 2020 and November 3, 2020 rescheduled to November 4, 2020. 6 Page 308 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . B. PROPOSED RESOLUTION NO. R19-163 - Approve and authorize the Mayor to sign an Interlocal Agreement between Palm Beach County and the City of Boynton Beach for connection to the County's fiber optic network at an annual cost of$4,750. C. Approve request to release Unity of Title for 2848 SE 1 st Court (08-43-45-33-11-000- 0230), also known as Lots 23 and 24 Dewey Heights. Applicant: Theodore C. Hoskinson. Mayor Grant stated there is a huge Bayan tree on the second property. By making it two properties, two homes can be constructed on the property. Mayor Grant noted Mr. Breese stated the tree protection ordinance is not applicable. There is a lot of shade cover, asked some trees placed on the property. Theodore C. Hodkinson replied it was his intention to plant more trees. Commissioner McCray stated concerning the Bayan tree, he would like to save as many trees as possible. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R19-164-Authorize the City Manager to sign a Letter of Agreement (LOA)with The Agency for Health Care Administration (ANCA)for the State Fiscal Year 19-20 PEMT MCO Program. E. Approve emergency purchase orders that were issued for a total expenditure of $94,701.33 for the purchase of a replacement electrical power transformer and associated equipment at the City's West Water Treatment Plant. F. Approve change order #1 in the amount of $2,100 increasing Purchase Order No. 191387, for roof repairs at The West Water Treatment Plant buildings A and B, issued to Anzco, Inc. on September 12, 2019, in the amount of $110,000. This increase will make the total cost of the roof repairs $112,100. G. Piggy Back by Purchase Order the State of Florida Alternate Contract #43211500-W SCA-15-ACS for the purchase of four Dell/Datrium Compute nodes from Transource Services Corp in the amount of $88,335.68. 7 Page 309 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . H. Approve funding in the amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to LuxCorp. Inc. (Lux Salon) located at 3469 W Boynton Beach Blvd. #5, Boynton Beach, FL 33436. I. PROPOSED RESOLUTION NO. R19-165 - Authorize the Interlocal agreement between CRA and the City for reimbursement of funding of furniture and relocation services into the new City Hall in the amount of $115,000.00. J. Authorize the City Manager to implement proposed changes in purchasing thresholds pursuant to Chapter 10 of the City's Administrative Policy Manual. K. Accept the written report to the Commission for purchases over$10,000 for the month of November 2019. L. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities as described in the written report for December 17, 2019- "Request for Extensions and/or Piggybacks." M. PROPOSED RESOLUTION NO. R19-166 -Approve and authorize the Mayor to sign a Purchase and Sale Agreement with the CRA to transfer ownership of the City owned property located at NE 4th Street and NE 1 st Ave. Motion Commissioner McCray move to approve the remainder to the consent agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R19-167 - Approve utilizing the Houston-Galveston Area Council's Contract ILC No. 18-6755 to furnish and install Command Central Aware software for the Police Department's Real Time Crime Center from Motorola Solutions, Inc. of Plantation, FL for a first-year amount of$465,860 and annual subscription payment of $93,503 during years two through six of the contract for the annual subscription. Authorize the City Manager to sign a Contract with Motorola. The Houston-Galveston Area Council's procurement process satisfies the City's competitive bid requirements. B. 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 December 17, 2019- "Request for Extensions and/or Piggybacks." 8 Page 310 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . C. PROPOSED RESOLUTION NO. R19-168 - Authorize the purchase of "Extreme Networks" network equipment and Palo Alto firewalls from STEPcg of Covington, KY in the amount of $249,966.69 utilizing the State of Florida Alternate Contract Source Number 43220000-W SA-14-ACS and National Cooperative Purchasing Alliance (NCPA) contract Synnex NCPA 01-97 Advanced Technology Solutions Aggregator for the purchase, installation, and configuration of networking and firewall equipment at the Police Headquarters and authorizing the City Manager to sign the Quotation and Statement of Work with STEPcg. The State of Florida Alternate contract and Synnex NCPA contract complies with the City of Boynton Beach's competitive bid requirements. Motion Commissioner Penserga move to approve the Consent agenda for Bids and Purchases over $100,000. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 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. 20-001 - FIRST READING -Approve revisions to the Workforce Housing Program (CDRV 19-008) -Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City-initiated. Shana Bridgman, City Attorney, read Ordinance No. 020-001 into the record by title only on first reading. Hanna Matras, Senior Planner, explained this was the first amendment to the workforce- housing program. The present version of the Workforce Housing ordinance was approved on September 19, 2017, a result of a conversion of the former mandatory inclusionary zoning program into a voluntary density and height bonus program. Neither has ever been utilized. It is staff's opinion that, given the high level of development activity in the city, the proposed revisions are likely to stimulate the private sector's interest in the density bonus offered in exchange for participation in the program. Currently, the limited interest stems partly from its restricted geographic applicability: only projects located in the Downtown Transit-Oriented Development District (DTODD) can participate in the program. The key proposed change expands applicability city-wide: 9 Page 311 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . projects with Mixed Use High, Medium, and Low as well as Special High Density future land use classifications would be eligible in all areas where such classifications are allowed. Moreover, the program would now offer density bonus, also citywide, to developments implementing affordable housing programs with 100% affordable units, in all future land use classifications except Low Density Residential. These revisions look at the ordinance affordability prices and incomes, the single family median sale is $244,000 condominiums is $121,000 new construction is above $360,000. Ms. Matias provided some background information on the rental housing markets; the proposed revisions constitute a first step in the work plan of the staff's Housing Work Group. The longer-term approach is a comprehensive review of the Land Development Regulations that could potentially support attainable housing. Such regulations will include minimum lot sizes and non-conforming lots, minimum living area, accessory dwelling units, and parking requirements. Ms. Matras noted changing the source of income data for income eligibility determination, from the Boynton Beach Median Household Income from the American Community Survey to the Area Median Income (AMI)for the Palm Beach County as provided annually by the Department of Housing and Urban Development. The latter is commonly used in most housing programs. Increasing the fee-in lieu amounts for both for-sale and for rent units. The higher fees are intended to encourage construction of units. To further incentivize construction, the amendment proposes to increase the percentage of set- aside units designated to be workforce housing as a base for in-lieu fee if the payment option is selected. Commissioner McCray noted the City have some workforce housing project already underway, how would this benefit the City of Boynton Beach. Ms. Matras replied this would be beneficial to the City of Boynton Beach. The previous program, there are no units which have been Built with the help of this ordinance. Lori LaVerriere stated the two project Commissioner McCray is referring were the Ocean Breeze projects. Indicated the ordinance would not affect the project in any way. Mayor Grant pointed out those are not workforce housing, those are affordable housing units. Commissioner McCray stated if the change in the ordinance would not affect the ongoing projects, he was in favor. Commissioner Romelus requested clarification for the numbers for the HUD AMI and the City of Boynton Beach median household income. Ms. Matias replied for the HUD number is 60-120%. This would be $45,000 to $90,000 with Boynton Beach income, based on the American Community Survey of $30,000 to $61,000. 10 Page 312 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner Romelus stated in the interest of understanding the surrounding real estate looks like, Boynton Beach real estate is more affordable than the surrounding area. If the staff was looking at changing from the City of Boynton Beach median household and to looking at the surrounding median house hole income, which fluctuate and changes the rate which would be placed on the application. She would like to revisit the conversation, and made clear to her, they are not increasing the threshold by making the area median income, rather than Boynton Beach median income, and because keeping the Boynton Beach median income makes it more affordable. She is seeing the changes and she does not agree with these changes. Ms. Matras indicated this was a 5-year average. The City could lower the median household income. This would allow people to be part of the program. Commissioner Romelus stated it needs to remain as the Boynton Beach median income and not shift to the Area Median Income. Mayor Grant asked what was the difference between the Boynton Beach Median Household income and the Area Median Income (AMI). Ms. Matras replied the Boynton Beach range is $30,000460,000 and the Area Median Income is $45,000490,000. Mayor Grant indicated he was happy the City was expanding the workforce housing ordinance, outside of the TOD. The problem is he believes staff is mistaken a developers would spend $80,000 in addition to build a house. He does not believe increases the prices is a way to go; he stated the prices should remain the same. The City of Boynton Beach want workforce housing or the money. This is what happens when this is voluntary, the developer has the options. He stated for the past 10 years the Commission tried to make it mandatory, but the Commission at that time placed a moratorium on it. He was happy with expanding the zone, he was not happy with the increased rate. The real estate market and the current economy is unknown. The City needs to move forward with the mandatory workforce-housing program. If the developer uses the bonus, the City receives something. If the developer does not use the bonus, the City would receive something. In addition, the city is allowing building of thousands of units and the City has not created a system to help fund affordable housing in Boynton Beach. The reason a voluntary system, staff was under the impression the Town Square project would have workforce housing, but it does not. The main issue for multifamily, each parking space was $25,000. If they are using the surface lot, it was only $5,000. He was requesting to keep the rate the same and expand the area. Commissioner Romelus agreed with Mayor Grant, that this ordinance needed to shift from a voluntary basis to mandatory basis. She does not agree with the prices remaining the same. There should be some type of middle ground in the in-lieu-of. The fact the City has issues with the parking regulations. Staff would go back and working through the LDR 11 Page 313 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . and make some changes, which would allow some changes. She agreed on certain points. She would like to see the in lieu cost increase. Commissioner McCray asked what was the median household income, that they do not have a record of the median income. Ms. Matras stated staff has the only source of increase was the census. The number which are used are reasonably used was a five year average. There is no data, which has been provided to staff. Commissioner Romelus asked if this was written into the original ordinance using the Boynton Beach Median Income, what this was being based on. Ms. Matras stated the City would go back to the America Community Survey. Mayor Grant said according to the website census.com the numbers for the City of Boynton Beach are below number was not trying to be adversarial; they are not going to take the option. Density bonus. He does not think the parking ordinance, he was not happy with increasing the rates. Commissioner Romelus wanted to propose, moving forward; perhaps part of the language should be Boynton Beach median income or AMI whichever is less. Ms. Matras stated regarding the mandatory programs, in 2019 the legislature passed a law which requires all inclusionary zoning, mandatory ordinances, the benefits which are offered to the developers must offset the cost to the developer. Palm Beach County has hired consultants, which has made those calculations. If the City wanted to move back to the Mandatory program, the City would need to hire consultants, and the program meets the new law. Mayor Grant asked if the City had kept the 2007, workforce-housing ordinance would the City need to comply with the new law. Ms. Matras said yes. Mayor Grant stated they want to entice developers to take the workforce housing program voluntarily. Whether it is the density, or to pay for that capability. He stated no one would spend an additional $40,000 per unit for workforce housing. If they need to pay an addition $50,000 for parking. He believe the City need to lower the fees, or subsidize the residences. Commissioner Romelus asked what is the balance of the Workforce trust. Ms. LaVerriere stated none. Commissioner Romelus stated what has been done in the past is not working. Deep dive in the Land Development Regulation (LDR), and make changes. When the City of Boynton Beach made changes to the LDR to allow affordable housing developers to change the parking spaces amount. Provided as an example. She agrees the in-lieu-fees are very high. If the city was trying to make affordable housing available. She does not like the in-lieu fees originally. 12 Page 314 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Mayor Grant stated they are not trying to be adversarial with developers, they city is trying to entice them. Unless it is a benefit and it feels good, the developer would not take the option for the workforce housing. Mayor Grant stated he would rather have something, than nothing at all. Stated the number are too high, they would have had that density bonus. The fixed the parking ordinance to allow for the lower units. He does not think the parking ordinance could get any lower. He was not happy with the increase in the rates. What is the point of doing something if it was not going to be used? Commissioner Romelus asked staff to provide the justification for the numbers. Ms. Matras explained this was based on the affordability gap. However, when these calculations were done three years ago, there was a portion of the gap to be funded. Ms. Matras would provide additional information to the commission. This was a policy decision by the Commission. Mayor Grant stated with those calculations there should also information of what would it look like. The reason why he was in favor of lowering it, was because it could be increased. Commissioner McCray suggested going back and bring back the simplest form. He could not vote on this item. Mike Rumpf, Director of Planning and Zoning noted this is not a perfect science, nor was it easy. Staff tried to walk a fine line of acceptability. When the City originally looked at having a mandatory ordinance, the economy was recovering. Then it was suspended again, if it was put in place at that time, it was a chance the City would have pushed the developers to other community. They need to look at potential costs. There is a table from other communities. Staff would back with numbers and comparison table. Commissioner Romelus would like to see the comparison chart of the in-lieu fees. Mayor Grant asked to bring back what the County has done, since Palm Beach County has a workforce-housing program. How much money has the County received, how many units built, and their rate. Commissioner Romelus stated she would like to see the comparison chart from other municipalities. Mayor Grant opened to public comment. Michel Simon, CRA Executive Director, 714 Hillcrest Road, stated this was a very important ordinance. This has been made very confusing and complex. There are some major points you need to remember. The most important thing was to make it citywide and make it available to anyone who are already doing 100% of affordable units. The concern about AMI or the HUD which is the industry standard. He suggests using the 13 Page 315 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . HUD, which is the standard for CDBG and SHIP programs. All the affordable housing program uses the AMI of your county. You may think that you are lowering by using this survey and using the 30-60% of the median income, that range is already covered, in the AMI that HUD uses of the County, you reduced the amount the people who can get this help. You want that because you are lowing the median income , that range is already covered in AMI, which HUD uses in your County, you are reducing the amount of people who can get the help, the $60,000491,000 individual you could get into a home, or rental, those people are not going to get the assistant. If you go with the City of Boynton AMI which is clearly lower, it was a disadvantage. He would recommend using the HUD. The in lieu of is getting confused, explained if a developer want to add some units to their downtown, the developer get the density bonus, they get to add 20 units to a 100 or 80 unit complex, or they can keep that market by paying the fee the City set up, which for homeownership would be $82,000 into the fund. Mr. Simon explained the $82,000, if the units are not built on the site; the money is to help build more affordable housing. The reason why the County number is $160,000 is that there are no lots available for $160,000. Having less money in-lieu-of doing the affordable housing does not help go buy more affordable housing. In the case of rental, it is $36,0000. If you as the developer are buying and building an apartment complex, the developer would not want to pay for land more than $24,000 per door. If that unit is in- lieu-of and the developer does not want to build workforce in his building, the developer wants to pay the city to use it somewhere else. The $36,000 is the number, which would be used for the one door. What does it take to get into affordable housing? If you are building rental what is the cost per door? The minimum contribution in-lieu-of, if they do not want to do it, to do it somewhere else, the money should be done other than down payment assistant. Mr. Simon stated the City has 100% affordable housing complex within 30-90 days, if they cannot get the density bonus, the City is saying they do not want to do it. The city should go with the HUD standard. Mr. Simon stated he was very passionate about the affordable housing. It is very simple; do not get into the weeds. Lori LaVerriere, City Manager, suggested to have a meeting with a workforce group to continue the conversation. It is not a simple issue. Continue the conversation before the second reading. Commissioner Penserga asked if Mr. Simon was part of the workforce group. Commissioner McCray thanked Mr. Simon for the clarification. Motion Commissioner Romelus motion to move and accept the ordinance as written. Motion seconded by Commissioner McCray. Clerk Gibson called the roll, the vote was 4-0 (Vice Mayor Katz was absent) Mayor Grant requested an explanation of affordable, workforce, subsidized housing. 14 Page 316 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner Romelus agreed with Mayor Grant, the City need to build a campaign explaining the difference programs. Requested to work with the marketing staff to brand and rebrand the city. 9. CITY MANAGER'S REPORT A. Announcement concerning the implementation of Bids & Tenders Contract Management and E-Bidding Software by Eric Marmer, Senior Buyer. Eric Marmer, Senior Buyer, the City is implementing Bids & Tender an all-inclusive E- Procurement Platform recently purchased and budgeted for in Fiscal Year 2020. The platform will allow staff to administer the procurement of goods and services that are bid by the City and create efficiencies. The software would allow staff to track and post submissions, review Certificates of Insurance, review contract spending and run report data through one centralized solution. Mr. Marmer provided an overview of the e- procurement, process. He stated the software has four main components: the e-bidding portal, the bid evaluation module, the contract management module, and the vendor performance module. The intended result of this is improve ability to manage the entire process through one centralize solution: posing bid opportunities electronically, Way is the City do this, the city policy state that purchase over a certain amount must have e bid, portal, we hosted system provides management for the bid posting process. Bid evaluation, staff would not need to. See through, not mailing, all online, public access. Contract management module, ERP integration, monitoring spend super contract, management of contract in a central location for the entire organization. Allow an automated process to capture the required information. Each of these portals will allow for improved Customer Service for both our vendors and City departments. January 6th would be the first solicitation. Commissioner McCray asked about the process. Would this do away with employee overlooking the evaluation. Makes the process more efficient. Ms. LaVerriere stated this would not eliminate any positions. Commissioner wanted to make sure the human element was not taken out, having someone other than, a machine looks over the evaluation. Mr. Marmer stated there would still be evaluation committees. Mayor Grant indicated he was excited for this program. Asked how we reach out to become vendors. Could the economic development team implement a training program to the public?After the implementation in March, the City should reach out to the vendors and provide an educational event. Mr. Marmer was looking at having a run report to capture data. Mayor Grant stated information would capture how much money spent on a specific vendor. 10. UNFINISHED BUSINESS - None 15 Page 317 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . 11. NEW BUSINESS A. PROPOSED RESOLUTION NO. R19-169 - Accept land donation from Catherine M. Speth Trust. Motion Commissioner McCray moved to approve proposed Resolution No. R19-169. Commissioner Penserga seconded the motion, which unanimously passed. B. At the December 3rd Commission meeting the City Commission requested an agenda item to discuss the possibility of changing the Commission meeting start times to an earlier time. Mayor Grant stated the Vice Mayor suggested 5:30pm. He stated many people are released from work at 5:OOpm. He suggested 6:OOpm. Commissioner McCray stated with the election coming up in March, this should be done after the election is held. Mayor Grant stated the calendars are being made for next year; therefore, the vote is being taken now. Commissioner Penserga stated the deal is to make an impact, suggested 5:30 pm to make an impact to the meeting. He believed a 30-minute change was not much of a change. Commissioner Romelus was fine with the start time at 5:30 pm Mayor Grant asked if the CRA meeting could be changed as well. Motion Commissioner Romelus moved to approve the change in Commission and the CRA start time from 6:30 pm to 5:30 pm. Commissioner McCray seconded the motion. Vote 3-1 (Mayor Grant dissenting, Vice Mayor Katz absent) 12. LEGAL A. PROPOSED RESOLUTION R19-170 - Establish by Resolution the District Energy System (DES) rates, fees and charges for chilled water service. 16 Page 318 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Mayor Grant read the proposed Resolution No. R19-170 into the system by title only. Mayor Grant asked for the rate. Colin Groff, Assistant City Manager stated the rates are found in the resolution. There are five different parts for Chilled Water. BTU, energy units, measures chilled water. The way in which this is measures, the temperature of the water going in and the difference of the temperature of the water coming out. There is a based rate in chilled water is the amount that the owner of the building say they want. If the owner requested 100 tons, they would pay for 100 tons as a base rate. Whatever is used over that tonage the owner would pay a consumption fee. If the owner use less than 100 tons, they would pay the 100 ton as a base rate. This is the base rate. There is a part of the rate considered a differential, If the city sends the water at 42 degrees and send it back at 46 degrees, it is ok. If the City send the water to the owner at 42 degrees and they send the water back at 49 degrees. The customer would pay a differential between 48 degree to 49 degrees. How this was calculated, staff looked at what it would cost for an inexpensive it would cost for a building. The City wanted to make sure the rates they would pay for their own system. These rates are going to be less expensive, than if they were doing it for themselves. Mr. Groff provided some examples some of the rates and how it was calculated. This information provided in the backup. Mayor Grant asked if the first customer would be the City of Boynton Beach. Mr. Groff indicated it would be the Cultural Center. Indicated staffed has reached out to the private customers. Commissioner Romelus asked about single-family homes, what they would need to do to get on the system. Mr. Groff stated it was not feasible to use in a single-family home. This would be used for commercial buildings, as well as apartment building. These rates would pay for the utility, cost and provide a return back to the utility. Mayor Grant indicated there is a $25,000 connection charge. Mr. Groff stated this would pay for the meters; these meters were complicated with sensors and computers. Each individual customer would have his or her own contract. If you are a building, they could save money. Commissioner Penserga stated if you were a building, you could save money. Groff stated yes. Commissioner Penserga asked where the city stands in comparison with other plants. Mr. Groff noted there are not many of these systems. The City looked as other utility and the City is in line with what other municipalities are provided, maybe a little lower that the other municipalities. Mayor Grant asked if a customer wants air conditioning and a different customer wants heat, could the city provide both. Mr. Groff responded the City was being designed for Chilled water, there is a waste heat component, but the City was not using it at this time, in the future, the City could utilize the heating module. In the state in South Florida, the 17 Page 319 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . waste heat was not economical. Staff was looking at using the waste heat to create power. Mayor Grant asked if someone in the private community wanted to have heat. Mr. Groff stated the customer would need to have a separate heating strip. Commissioner Romelus asked about the electric heat system, if it would be connected through FPL. Mr. Groff said the electric strip would be on the power unit, connected to FPL. Mr. Groff looked at the City building; they do not believe they would need to have heat. He believed staff could keep the temperature at 80 degrees. Ms. LaVerriere stated this would be on the regular FPL bill. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. B. PROPOSED ORDINANCE NO. 19-043 - SECOND READING - Approving the abandonment of an FP&L utility easement within the Ocean Breeze East development, located at 100 NE 7t" Avenue. Applicant: Lewis Swezy, Ocean Breeze East Apartments LLC. Shana Bridgeman, Assistant City Attorney, read proposed Ordinance No. 19-043 into the record by title on second reading. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion with comment. Noted he was proud of this project. Clerk Gibson called the roll, the vote was 4-0 (Vice Mayor Katz absent) Mayor Grant requested Mr. Collin Groff to contact Jay Wheeler, President for Underground Refuse Systems, Inc. In regarding to an underground, refuse system for the downtown project. He explained it was an underground containment and collection system for solid waste. There was a Consensus. Mayor Grant asked for a recommendation for the senior advisory board to work with the mental health commission/committee. The City is getting an assistive living/memory care facility, as the population is aging. The City need to be more cognizant of resources for memory diseases, and the best practices of dealing with these diseases. 1 Page 320 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . Commissioner McCray asked if Mayor Grant wanted the Senior Advisory board to work in partnership with the Mental Health board. Mayor Grant noted he would like to have a recommendation from the Senior Advisory board, and ask the mental health committee to help them. Lori LaVerriere, City Manager inquired if the Mayor would like to address the Senior Advisory board with his propose the concept. Mayor Grant agreed. Consensus for the Mayor to speak with the senior Advisory board. Commissioner Romelus requested to be placed on the next agenda to approve travel for one night for Orlando, Florida. Commissioner Romelus was invited to be a speaker at a conference. There was consensus. 13. FUTURE AGENDA ITEMS A. Quarterly Census updates by Laura Lansburgh, Marketing Manager: February 18, 2020 B. Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park - January 7, 2020. C. Discuss Local Septic Tank Inspection Program - February 18, 2020 D. Discuss Fine Free Program for City Library - January 21, 2020. E. Discuss City Manager's evaluation and compensation. Present salary survey as requested - January 7, 2020. F. Discuss purchase and sale agreement for Nichols property - February 18, 2020. G. Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits - March 3, 2020 H. The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report - January 21, 2020 I. Consider Vision Zero Resolution - TBD J. Discuss Opportunity Zones - Task Force - January 7, 2020 19 Page 321 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . 14. ADJOURNMENT Motion There being no further business to discuss Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting adjourned at 8:36 pm. (Continued on next page) 20 Page 322 of 473 Meeting Minutes City Commission Meeting Boynton Beach, Florida December 17, 2019 ... .. ....... ... ........ ....... .... .. . 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 Queenester Nieves Deputy City Clerk 21 Page 323 of 473 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Piggyback via Purchase Order Florida Sheriffs Association's Contracts FSA18-VEH 16.0, FSA19-VEH 17.0, and FSA19-VEH 27.0. Approve the purchase of replacement vehicles as authorized in the fiscal year 2019-20 budget in the estimated amount of$270,974 by utilizing the following contracts: These contracts satisfy the City's procurement requirements. EXPLANATION OF REQUEST: The Fleet Administrator recommends the purchase of eight(8) replacement vehicles for Fire Rescue, CMO, and Utilities as authorized in the fiscal year 2019-20 budget. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA18-VEH 16.0, FSA19-VEH 17.0 and FSA19-VEL 27.0 (Effective October 1, 2019—September 30, 2020) The Fleet Maintenance Division intends to award the following vendors for purchase as follows (see attached Exhibit 1 for vendor details): • Duval Ford for one (1) Ford Police Interceptor Utility for Fire Rescue in the amount of$39,417, one (1) Ford Escape for Fire Rescue in the amount of$20,957, one (1) Ford Explorer for CMO in the amount of$37,522, and one (1) Ford F-350 for Utilities in the amount of$41,372. These units utilize the FSA19-VEH 17.0 and FSA19-VEL 27.0 contracts. • Alan Jay Fleet sales for three (3) Chevy Silverado pick-up's for Utilities in the amount of$82,735.65. These units utilize the FSA19-VEL27.0 contract. • Kelly Tractor for one (1) Genie Z-30/20N RJ lift for Utilities in the amount of$48,970. This unit utilizes the FSA18-VEH16.0 contract. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? These eight (8) replacement vehicles will be used throughout the City to provide services to our residents. FISCAL IMPACT: Budgeted Funding for the eight(8) vehicle purchases in the amount of$210,974 is allocated in the Fleet Replacement Fund account#501-2516-519.64-33 and in the amount of$60,000 in the Fire Department account#001- 2210-522.64-33. ALTERNATIVES: STRATEGIC PLAN: Page 324 of 473 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Various Vendors START DATE: 10/1/2019 END DATE: 9/30/2020 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Attachment Agenda Attachment- Fleet Vehicles Purchased FY2019-2020 Spreadsheet Agenda Attachment- Florida Sheriff's Contract D Quotes FSA 19-VEL 27.0 & FSA 19-VEH 17.0 for Vehicles Listed#1 D Quotes Agenda Attachment- Florida Sheriff's Contract FSA19-VEL 27.0 for Vehicle Listed#2 ❑ Quotes Agenda Attachment- Florida Sheriff's Contract FSA 18-VEH 16.0 for Vehicle Listed#3 Page 325 of 473 'Cot = ti A Fa CD cm h� Fes. 60 i I ® CD C7 ti 0 0 0 4- O r O C-2 to N C7 CL Rt co C%l 60 it 40 31 ti r I ti 0 0 0 CL N 9 N r W W W RL ILL. IL u6 u, m i � w LU 3Eo U: Z - -� ° ® .0 .aIL vDoze �- !,.. i I- E � �z C p C z c A400 0 1 ® Q. O a 35 I r m ci 5 a (https://www.facebook.com/tloridasherrffsassociat!oM FLORIDA SHOWS ASSOCIATION (https://www.flsheriffs.org6 Become a Member (https:Hmembership.flsheriffs.org/Membership-LP.htm[#Choose About IV Programs Publications Join Today(https://membership.flsherffft.org/Membership-LP.htmi) Renew Membership - / PURCHMING PORN ,c Back to Main r i (https:/twww.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) VEHICLES Contract Term:October 1,2019—September 30,2020 :/ . 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SMOD NITRO NMWM FILLED-nREa IN LIE PRESSURE CONSISTENCY, WEATHERWr LC 2P CUT TVVO PIECE MAT SET 9215.00 WrLC4P VWATHER TECH MATS,LASER CUT 82" RMAT HD RUBBER F $195.00 SPECIFYwv VFXT SHADES.MUST CHMNEL S176.00 3K PXM 04TRA PROGRAMMED KEY WM PATS TECHNOLOGY,FLEET KEY 82MM 3K RKE MCM PROGRAMMED INTEGRAIM KEY TRANSMITTER FOB 8360.00 2 TONE TWO TONE PAINT SCHEME.DOORS AND ROOF simm LTG LapTapI< u 9 C490D 0 ores In Suv VSLOO NO Red VAft Dome Ught Installed bsWasn v1sors or In oargo $108.00 i e aware Not &ZIM C Graphics(10 Squuo FsvQ 4nc up to 10 uWare hist $11110.00 WD QWhics(1 4 18 sipaus but 83" 57E Gmo*z al 8qu—Poo 4-up to 26 apiare be SAKOO F We Graphics(56 Square FwQ 4w up to 56 square foal 10124.00 d7H GmwVw(To Square F@@Q-Inc:up to 70 square Ind 4. 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Order ofter"on Prim 09 Tvdn Panel Moonroul 1 Page 34473 coo 942 boom Rucieft LOW IMMS1 1 ION Fiat end Sawnd Raw Fkwr Lkwry III&DO 17IJ 3000PS1 3M Vft Km Ohs 1 408 Four Owner Led Skeen(Aftw or f Four Corner SpR Led Skabes,Awdw end Me 85" d am Rod Rai Cressbant O)adw Indal"end IneWrAdon 6420M 503 MW ModW Hamdritst Rear W Clan I Tndl&rTowPmdmp Includes carp am nwwgmmffl widens $705M am &nckWz P~Pedw Installed)&W kuddMan 1 on Ford Ca49MM hudilt-1 '-1 I I '-1 mt A 2rid Rw Haded S 100 asw CMW mat S" AddllcWft/KwjFob slum FIMP F 1 LABOR H=V Lmbw Rids 1p9. L -Gwalm Johnson -79 MI ,7104178.71804=7160-M LDPH Lop"Blend- - L - d® NL C~DoW in Coardinew Wo NLER N Few Nam -1 Few simm UCOff U Page 348 of 473 The Florida Sheriffs Association Page I of 9 . .(https://www.facebook.comffloridasher*rlYsassociation FMDA ASSOCIATION f (https://www.fisheriffs.orgn Become a Member (https://membership.flsheriffs.org/Membership-LP.html#Choose) Programs Publications Join Today(https://membership.flsherift.org/Membership-LP.htmi) Renew `r (hftps://membemhip.flsheriffs.org/Membership-LP.html#Chcose) PURCHASING c Back to Main i :ll i t r - r i r ng-prog ram) r rHFAVY RUCKS AND' Contract Term: October 1, 2019—September 30, 2020 Page 349 of 473 https://www.fisheriffs.orp4aw-enforcment-vromums/mmh&-dnalfsal 9vehl 1 The Florida Sheriffs Association Page 2 of 9 The Florida Sheriffs Association offers statewide purchasing contracts on a variety of vehicles, equipment, and services that are available to all eligible* entities since 1993. While most entities purchasing from our contracts are within the state of Florida, eligible* entities from other states have used the contracts If their governing purchases ordinance allows. For details of the products available,review the category you are seeMn to purchase. Simply select the drop-down arrow and locate the vehicle of choice. The vehicle bnks will take you to pages thk are solely dedicated to the bid award for that commodity. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page and find a link to all ffie bid supporting bid documents. PvTchasaOrdefing Process Tutonial Page 350 of 473 https-1/www.Meriffs.orwlaw-mforement-moams/iDurdmsin2/fml9vehl7 1 /1 / 19 + r r s. ASA romo r to A , f's iwAl n TRIM PACKAGE &2L VB GM MMNE . iB BPEEDAUTO TRANS I4rVMlMLLVESrQABT0AWA -- -.BB LIMITED BLIP AXLE m # „�. EXTERIOR:OXFORD WHITE -_... A wrimu0R:ORAYVINYLa12BRIC �uuuwVINYL FLOORi 219.E H _¢POWERININ DOWBA 044 ' 8 " wasmiaowrrpou7n;TwHem 3 44 AYS4 UM IN BEDIANER,INCLUDES ION OF LITILITY SCUM INSIDE PIALLS AND MINIMw ' VID @HIFrm xFULL@=GFARETM AND WIGMLi � f 7RALER TUNING PACKAGE WITH 21 SAIL ® W200, C B F2 BOOK UP CAMERA A HJF i ljHd WATTTHOR POWER IWAffff IM FAT IN CU=Ginm FRONT COMRARENT m AD I� d ®-� iw Lomm ii amcLUDEB TAKE 5 E qtr OITYTAGANDTITLG 12-5.00 ;5 tIAG PROCEIRING FIE t 13.t1 ' Page 351 of 473 BMAWNd TWft October 1,2019-6 Conkareft FGAISVEHI7.0,Heavy Trucks.and EquIpmard Group,CAB AND C :1 Ton Cab A C (DRW)4X2 l 7,FlalkF b Equipinerd and SpecAcafforok plus the fdkrwkkg S not~Included In mmmft@Wm standard actuipmerd and bus spadhostim ENGINE, am onalms,aftsmator,battery and coofing Package.TRANSMISSIOWAXLEZ; s standard drive"made for ongins and tranombolon PERFORMANCE r dormlord paw ammuft MandbarLWs standard goutim,C ITEMS!Air p 2—kep wdor W MarsAvolumes oWndMAWFM NOW fs standard imoduction sub.F I nwig outedo mkmn to Provide bid of vidon for h lights with left and right door solleand ovdiches,ManUfacturar's mommoord air w9L BRAKES:F I S AND VNffLS,, leaa s standard Ores and whomila.CHASSIS,FRAME,CAR:Monubdurefs donclordr slAndord RM Unk 11filrulbobmors standard determined by Individual I ® n zons Rank Vandor Price vvagwn rY Polometto Ford TWA Bohms,Ina Alternate Duval Ford LLC SnXKDD Northern Primary Paknedo F 6 OD Alternate Ouvol Ford LLC Prkmry Pokywito Fad ftck Smisk1' Ford LLC =2KOO Southern prkney Pdmeft Ford Truck Sales, DuvalAlternate Ford LLC appearOploss In dombOW order by mrarded vandw. Ford LLC Price 1 . Pursuant to FDA B~hft wedons#.112,8.18 a speolitcaft Imckrdw al m MORP opitan4socurd In ft S1 amount listed hem for any OEMC V161 10168hialmom to owftum dwhW whirds r nd D Be Pam discounts,w4worted by OEM PICS t6bill. for each I Ihm requested, Manutasseces r end pica 11018 Uploaded M ft vandmink bid ,er avalloble Dom Duvall BCB MODELUPGRADE SUFE E} CCB MODELUPGRADE O ! SRW CREDIr SINGLE REAR WHEEL MODEL NTH W CAB TO AXLE(FINE,X3E,WOE) gas :62L 24&W WHO EFI KA WO MmWud)(87G) moo SON :7,6L 2V DEVCT NA PFI VS Gas 61®7 04.00 B20 4na Diesel ExhaustF (D dH10 nwrifter and mormal n argho4ximend braking 410.494.00 240 Amp Afternatorm, I 78AH 750 CCA Batteries 440 rr 8 1 al lovelhoull,am met deep wndMm(STD) Color 8 d ! L LkmFmdOlPW4.IOAxbRMo 63" S.10 AWs Ratb Moo Track) Slip w/4.30 Ads Rado(Wide 7rwIQ KIND 1 ( ) Imlishons fiame for rpKapriale badly Instaffiellon,Reg Cob ORW onty. SIAILDD E ORW E18cMMAdding va'S.73 Axis Ratio $3118.0D Elachonlo4.acking wMM Axis Rde TOM BRW Ifts:'I.724110611071E OSWAfrSi OD O ORW Tirom L 17 TCH BRW Um L 1 (8 ) TG88RW Tires:LTMflSRx1 PLUffi AID $i nca LT2751701W BE BOW AT WON 641 WmeW 17'Forpd Poldad Aluminurn 4ra bright hub coverakenter ormemente{,shminum outer and 2 deal hur) 111MOD 54K Whaslic 17 Fol not I (STD) KOD Page 352 of 473 1 8D TOM Thw-U204MIUVE TDO Tbw LT24W5Pxl7E 88W PLUS AIS WD) 9169.00BY Schooll BLA Yew 80.00 di siameawasetaft Ilson OR Gftw law J7 Lugmidemstsift 80.00 IRS CHIMP E1 PC Pan Rod MOD UM A98114 Black Mddb MOM we Grnn am 1 OEM $0.00 Is M&dkjm Effth&grbCkjh 4=M spft Bermh Bed a End d1nes 6WO m 46 Madium Ewth GmV,CkAh 4QMjni.CcnBd" M m 14. 01) AS Modkim Earlh QW,HID VkV 4WBM SPIR r,sbmW&M dWsads m Le Madium E @We I Mdw is CCB O*Aftr,stemp and ddare m (CCB) 14 48 CCB Mmdksn E&M aft aft 4sjMWZwwdyMO Flwd SM 4PAd }OPUm OBIAOD As CCO Madkon EWM Gray,w (CCB) LA CCB Mocken Eath G ®VN Ford Beall 4=dives _ m t i oplion $21&00 17F XL Decor Group 4m:Climate Frard Bumper 47A AmbLdw= Padoo 4w 7, max tard @pft&QAVM raft for cmftwdbn adoetKIn ® 1, OwWaffilian by asquippoi wMw Fad Ambulance P Ford ww m err k Ulft a Ford valhda wbwut ft F Ford him IsM { 1 C } 7 inteoraw Into#a gaging cm*d mc" 397 Amp Afterrohn,'OPKeW Commanded Reowwdffl furdw 7J Firallaffixis P 1 Fmk§Wm 4M 7, shieft1, I abW mwwhoxw,Ford urges FirsReaft MaNde m Mwwd and Un Ford Uok BO* I ),NOTE 1:SUMMOry Ebwdod 1 t i mack when 4s assa,ed dam Is lD%of PF fiber UL InswW or 1 4; CFE 08.1900.01 In &Calibmis Code of Regeidlame alms fw Umseb of Faderzlly In C tG Lapwigi EwAmbns Ow yum on.max ftnt gptVLGAV4R reft for owfflpmmvon sellectlA1, 204.00 ■WA stw morKdoulmar,Ford vddda.a Mpleshow qr Prep P~WEPA Spww Emersozy n a F m a WNW ■ F I EnmrMM W*W Emissions to pukam gn amkgwmo whWwW wnbalwa valds ft Fed wmywft mM 1: Ids CcwdrM( C)ho m :E ■ PTO opwaft%NOTE d down to M%of DPF fillar Rdk behied of i OM NOTE 4:must mom on defirillon of an EmwWM Ambulance F 1 DOM in Vw.1 F { m r r In C ■,397 Amp Almdurs.Linifted Blip 601. Pow Equipment QmW 4n=Dideles paBseraer Wde Sw9ft Peak SOM9KA&P syAw( } Chad. mwwd h l d P ,1 scou (CCB) Deft Advwmd SOW*P ,1 (FATS) , rm r Vwlndwft.1 drWOMMIUMar windsw L EC r ed 4. 00 mb duSystem OwwcwgP m(FATS) . w minwand IntValed clearalce IEnPAn signift.Paw Front OW VAndwim,1 Cm 41w HOEW d Page 31ff of 473 pdn 1Oft I SH Heavy Duty Trailer Tow Grmp; koduded Thiffor Ifiska wiring,NO Chom V Hash,Sold Dnow Bar,2 9Mr SOP with ph and dip,vainhememants ft ICC undorlds prolvellon % ( ),bvickat and halt Inch plots whom remsessM wolded. an 4m mmam NW VAMUW FM Modes,Included with DMW Itmoo Closedam DUN Fuel Tanks ana:Govibines 40 gdon eftoNads,and 2L8 plan mid ship tvk "ago OEM 2ILS Golan Mid Ship l $124.00 332 Amp Afternahms Best 90 SMOD 979 7 Amp Aftemoran no with bus onahe 5114LOD 24OAmpAhmmw 4114.00 6 P .p r (we Order Gulds SupphenonfidR r qvWGAVIR of opacft vehicis Itano ),Recommorelad only an Vehicles which will pmonw* Wool#11 Irani axis to the speciftcl Gross Ads YbW RoIN( ).NOTE 1:May mult Ins diderforeffort of ride qumft NOTE 2: package P (An Order G I Resproram for Wespg4RBAvPg at @pan 81200 vohbb )e Recommended only an vshichm which will IMMINWHIly ulft offierme"squilanom such as hmrj4kdy Winctmm,laugh guards or DOW apperadids which bods the ftft axis Its the specNed Gross Ade Nogta:Rating(GAVYft NOM 1.May rawk In a clobarkmalon of ties qualky, 2® additionwitho d this package WA Proprionamblo Engine 1 -6engineand a dommrlm tom am Progrommable Engine Nis StIfidown-1dparical, *MhsPCmadomalicallyshuts down Ow ongine and bigggre The necessary Am" Vaeo to sWdwmn power to the swugmries to minimles bakery drain we Progrousmablis Engine Ick Braddown-16m-AlWar a prodatermirad period,Vie engine PCM ffiftmeficolly shuts down the web*and Woom#a*=BMW Module 826.01) to minknize be"drain BOB PfDW=moblo Engins Idea Shubdown-20 Misses-Inc:AW a vedshuminad pork4 ft WGIfth' h 10 n PWW U)am accessories 1a am Dust 75 AH BOOM won 43:and Dan no O (OCR) lea Platifiam Running Boards 6312.00 Ila BCD Platform Rurmirig Boards wkh Supmob We CCB Pleffarm Running Boards with C 435 BCD I 'I d vanity covered ralmas will Suporcob M.00 435 C r r am Wears wffiknbvW wanly covened inhere with CmwC@b 612 S n HyalnuAle SOS F $120.00 Ji Cafter Hwhaourw alop Lamp(CHMSQ KOO BiJ Jack SKOO 61L F L ( )4n C Bt 79.00 16 From Splash QuardWMuds Custain sons" 62A Uft n9 LRD s 1 630 Bright Oft SOAO t9 Block Molded Hood Dalwdw(P )mim C $129.00 BIG AmberWilifts LED Warning Strobes I •C r 001m LT,career hWmmrdW aw light 616 Amber LED ( C h 2 hood mcoviedi k ob $67COD 04 prWay Glen MOD ( RL) s Rwvft Lamps(®RL} NO Stainless Sessil MineW Cowers(P CLwmm scosswN Front aid rear $370.00 F CNWmpaft Gamma @aft and Wulf mmVW This package does nat hakshi CNGVmpffm Ro hanks, $31400 m,Additional oquipmal combined vdCadlied callbroidonan mmmot C ®Abofnahv Fuel Buyers GuNw. Ford Maw Componip chme me towels ion exhaust or"sparvalm emissions eadecals WNW option when cwwaftd to use CNO or Propons luel, CNG or P U-S,or Canadian saffisly n Is the responalloft at the final atop m (bodpWidar.beft1w,allow or subsoqLwd EMP mFedwok Clibmin or Canadian exhomi and evmpwgw emission rectuiremonts,Federal Net Kw=y standards,U.S, Page 354 of 473 Price offud 2&6 Istaf.21.BitUal Commniton..MOU 14,11 Cho 23.3 lige6.21.0 , 1411 8.100 398 81rhMM Redia 4w1 vp mwnW center apsolow and a 116month prepaid wAgoittion,Swvjoais not mailotia In Alaska wid Hamel,Subacro,500 20 allS 1 , we eced by SirlualM altar tild pmfk4 If you decide to cIffilmill,Movies gftr yaw WWI to absolption pion you ,F 1404364M,Sea SHOM matorw a I few and prolinemmingi vubtied to doWI SnA X11A and ON mMW mffift and 101104 am V111119111111001 01 libiue XM IncRaft 1 41A REPI&MM Bwpwnnw Cab H 11 4n=1 h4ash mounted oudd 5174. 00 ae Contal C Aimfilile Lima Depaftro V&nlng $11400 C Exftdw Beclap Alone t 1 768 Romide,SM System VS01) C $414,00 .872.00 on Speed "Gowmed7bi)Spinal 227 Speed L H Governed Top Speed 94P Pno-CcAlelon Amdal vdAL4wmk E 0114.00 • it . . , 101 O Si° R526.00 S 13f FOp ,. St" Sao SE 1 a Option S1" goo C Y: Mufti GIDBD54F DRW R1p1bpW CA-30'in Height. RectuliveOptiongl* C Y: P BIOWMFJ40 DRW Flo Top Gtr CA-411 In Natoli. RequirveOption3l" 610,1 E Y: rSt@hlBwvbvB0dYDRW RfqLk"OPtbn3l' ,074. 00 11 SERVICEBODr 31" 10 KLW 686 E BOOt r Reeding awvbo Body,Classic 11 ORK Rawlins Oplon 31" 1%270.00 988 SERVICEBODY' D'RgWN thpivies Classic 19 with Pip Top Udv ORK Ralvinne Option 31" 81ASK00 ess SERVICE BODr B Reaffingi Sorybe Body,Cbmalc11 D K RmWku Option 31° SERVICEese BOOT W Reading Service Baft Cbmic 11 with Flp 31" SIAOIDAD lies SE C , 11' 1 " 31" 1 Ilse SERVICE 11'nWmkb Gwylon Boft Ific"8132D54F DRWFIlp Top BC CA. RoWliesOption3l' $11, BKOD ties SERVICEBODY', 11' y, 1" 10 Ilse SERVICEBODY' 11-CitlearvicaliftDRAf. Requirmiopfion3l"' 11, 1i B SERVICE BODY': 11'Raeft Sonploa BodyI obasto 11 DRK RequirmiOption 31" 811:44aw 11 E . 11' 17 w1h Flo Top Lhb ORK Rawrov.Option 31" 11MM&W So DUMR 21 RuIlby EftinalorL I 31" cil.saw go DUMP: Dump w1h Manuel Ground CoMmillup,lockidw 13'sms, FarlroldemAddI210. O 31" SiZAKW IYUMP BODY DUMP BODY OPTION: n Cob and Dump for Additional End000d Slomp"Recluliva■ O DUMPBODY DU Y n Cob and Dumpfor Addkkmd Enclosedu OPT16N DUMP: V RmdM 2 Y •Dump with Manual ' S1" 511,110. IID DUMP: il'Rugby EliminatorL d Dump An Manual Giound Ccrftl 31" SlIA7&W IID DUMP: 11'Gadoln 1 13°Sites. FarlroldemAiMS210. 3i" 613 aBLW 11 P: 11' Y 31" 611.57MOD 0—poo DUMP BODY OPTIOR 1® 250.00 FB Opt T BED O -Ir 1616) F9 Opt FLATBED OF110ft UWwb to Ela"Hold an Slidw Body or Flat Bed far 14%i F�B Opt F FM Bad For HD 19Page 3 'of 473 Order Code Doom"an led" DurnpOpl DUMP Y N, Bechic Twp StIOLOD DmpOpt DUMP BWY Stop sm.01) Contracter Body,aGh 14"Sides,Electric HolK Ground C { } Regim Dom 31 $12,033.00 12CO CON 12 Contradw Body with 1 ,Ebdft HWK Qnsund C ITorp whh Amu( 311 $12, D CONTRACTORS 01". IP Bkorkilis Comador eft wfth 40,S @.Electric Hotel,Ground Control Manual Top wkh Arms(R } 31• 1112,785.00 12CD CONTRACTORS BODY'. 12 Bluaddlis C h 4V Sides,Electric Halot,Ground Contrail Manuel Tarp wHh Arms( " )R@qWm Option 31• MODLOO FLATBED:OFB 9 KrapWAs Flat Bed,Model PVNIXG with BMmad. 31`Add$1844 for 4V Blak&sides 12FO FLATBED: ir Knapholds Fiat Bect Model PVN1XS wkh Buldwml Rmclulmalil"AddS0,49for4VIOW031dom7 OFO F S . R 91" 3%010.00 10FB FLATBED: 10 w 'S $1• 12FO F : 12' 4 S 31• sa510.00 EffftOD '9'Wk**M Endmw SOVION Oft.MOM KCICBM2094 PM Oil Interior HoW Requires 31• 111050.00 E809.00 ENCLOSED BODY.V KnWisMe Endmd Service Oft Madd KClOsHWS47 ' a Optim 31• 814,278.00 E591111.00 ENCLOSEDY:11'Knaphiside Enclosed Service Dft MoM KC132L2M51"interlar H@Wt Requires Option 34` 114 EB it. DY:11'Knapholds Encloomme Sormbe Body,Model KCia2M22M Ifth 51" n1• Slf%02&W ESS11.00 ENCLOSEDOODY'. 14° E I KC4 73" 31• 15 8F9 HD REINFORCEDPLA70ED H . d with Manuel Ouldilgenk Cram Reirfaroments and Spring Build Up. Recluirms 31`(Far 34K Crane Copmft $11 12FB HD REINFORCED FLATBED NO,. 12' 1`1100d w1h M&Vml CLArlopro,Cram Roinfaroarnards and Spring Build Up Requires 31• or 34K Crane } 61111.400.00 CBS REINFORCEDC Y: 3 JOWhelds Cram Oft,Model111 D n Cram Reinforcements and Spring Build Up. RsquWa 311(F $12,400.110 own ) call REINIFORCED CRANE 11'KnWw1d@ Crane Dft MadmIG132D6411w1hMenual OublWars,C Up. 31•(Far 813,710,00 Crane ) CBS CRANE BODY 9 Then Crane$ ,Crane RehWeementsBuild Up 311 Cram rApwjw 517'emw Call CRANE 11'7bn Crom Dody,w1h Me"Outriggers,Crans Reinforcomarb and Spft Build Up. Rocluires 31•(Far 34K Crane Copeft $I C 9 CRANE aODV1. 9 Reading CM5 Crane Bft Model CMO-106. 31• 117, S14 CRANEBOOVI ll'ftMWWCMSCmm Body,MoMCM&432. s 2l" 519,216 Call CRANE OPTION: 9°Crme Rehlommid for Vender OpwJk UffillyOrder(Crarms SAK Add VM for 11') IZ73MOO 114 C O : 11"Crane RoInlarmartfor Vendor S (Cram TB SIDE 45 HD ALUM SIDE i1OUNTED TOOLBOXLONG,PRICE PER OWE SIMLOO TO SIDE 72 HO ALUM SIDE MOUNTED TOOLBQX 72'LONG,PRICE PER SIDE $51141,00 TO EL Tool mid Smi,UTS TTIOI1 I copeft w1h malet,a p and W hm.Dbml Fuel SPRAY SO SPRAY LINER FOR SERVICE BODY. INCLUDES ,SIDE VALLS AND BOX TOPS.ND THICKNESS,INCLUDES T D SPRAY SPARY LINE TVW SERVICE DROP DOOR SURFACES BPRAYBPR SPRAY SERVICE BODY REAR BuwER FOR up To ir SHELF BUMPERS VGLOO SPRAY ESV SPRAY LINERFOR ENCLOSED SERVICE BODY. INCLUDES FLOOR D 1S'UP SIDE WkULS. 8%62&OD L 14 #QIAPHEIDE MASTERLOCKS 11 CLIME KNAPHEIDE COMPARTMENT UGHTO 5011.00 CLITE 11 KNAPHEIDE COMPARTMENT UGHTS 11 LECT XNAPHENDE LED TAILLIGHTS SGIMOD EL KNAPHEIDE ELECTRICLOCKS 491512.00 L 11 KNAPHEIDEE G IC LOOKS 11 FT SWISS1,125 .00 THDL XNAPHEIDE SINGLE1 T HANDLES SWAG THDLII KNAPHEIDE SINGLEPOI S11 FT BODIES SIMOO 3PT MWHEIDE8 POINT 7 HANDLES BMW 11 WAPHEIDE 3 POINT T HANDLES 11 FT BODIES DRING D RINGS IN CARGO AM 141410-00 PAINTPAW COMPARTMENT INTERIOR Page Tof 473 OrdwCoo D-44" szontic 40 TM B DRAINER MECHANICS TOOLBOX 6196,00 CHOLD CONE HOLDER NO CHOLD HEAVY DUTY FOLD DOM CON E HOLDER - COMPARTMENTTOPS OVERLAY8975.00 CARGO AREA Illmoo GRAS L t3 ) STEP CABLE STEP umcc COOLER IGLOO COOLER MOUNT NINT 11 COOLER IGLOO COOLER VISE H VISE IIKW WEXT VISE BRACKET STONE GUARD ETRACK E TRACK IN CARGO AREAE SHOVELTOOL 3 TOOL RACK li.2000 BUMPERIS 9WAPHEIDE TAILSHELF1 " BUMPER 21 KNAPHEIDE 21"VMKBENCH STORAGE BUMPER d1 HICOMP KWAPHEIDE RAISED normE am COMPARTMENT i, SPO BASE KNAPHEIDET COAT COLORS - $1,1011,00 FACTORYSPO OEM KNAPHEXIE 12, END LUBESM.2NEWOILS&IVAM VANAIR Cd MWO PRO COMPRESSOWENERATOR,OD CFM.SOW VATT COMP20 20 CFNI GAS AIR COMPRESSOR AND REEL $11POAD 14, VMAC D D DIESEL APPLICATION WIELDER MILLER BOBCAT 250 ,1 WIELDER SAFETWNUMM RCAM REARVIEWILS'DISPLAY CAMERA SYSTEM TRAYSSTORAGE TWO SLIDE OUT IN REAR COMPARTMENT FOR STORAGE REQ.DOGBOX Q Smoo HSPOT HALCGEN PILLAR MOUNTED SPOT LIGHT Ilmoll LEDSPOT LED SPOT LIGHT PILLARMOUNTED GOLITE R THWO NO Wilk Inaft 760 Waft kwaftr SWDD imowmakwww WILDDIWOMW 71=1 1 . 11, {. Ditmriplans1 PLn Biro 1 11, Dill- Dimwmbm 1 1 Olmemimm Z4WwW Pure Bbis 1 1112396.00 I• Dirmiskm 3WO WN Pure Sim Ma 1 $moo F Dknwmbm REMOTE slwm FkuhWd Page 357 of 473 OrdbrOmb Dism"on Price CAMLOC RELOCATE CAMERA,INSTALL BRACKET WHERE INDICATED Illmoo BACKZONE REVERSE PARKING AIDE SENSORS "LOO TINT DEEP WINDOW TMIT FILM WITH FRONT WINDSHIELD STRIP. Illmoo TINT 4D TINT ALL WINDOWS,FOR CREW ON SUPER CAB CO 71 SMOO NITRO NITROGEN FILLED TMES IN LIEU OF SM FACTORY FILL. FUEL ECONOMY SAVER DUE TO TIRE PRESSURE CONSVENCY.ON GROUND Ilmoo WTLC WEATHER TECH MATS,LASER CUT $21LOO RNAT HO RUBBER FLOOR MAT$ $imou BTEPBARS TUB"STEP BARS 411moo Vv VENT SHADES,MUST SPECIFY STICK ON OR FLANGE TYPE IN CHANNEL 6176W VVGG LABE WRAP AROUND GRILL GAURD.WESTIN HIM Si woo Slaft Base M"duty vAnch imurd I WM Sumd. UpW%ft tD abwWmrd mcM for$125,to Dekm mcdO for 523154 or Sew mcceR for 334M Add$126 for a huM d* $lAwon STERLING Whin wirich WOO Wp WEIMN WRAP AROUND GRILL GUARD WITH WINCH PLATE 41MAD WGG LC LIGHT CHANNEL FOR GRILL GUARD,LIGHTS SOLD SEPERATELY V9.00 WINCHSKW OWN YOM WINCH WITH REMOTE,RED WGG.Vyp M INCLUDE WINCH PLATE 811011.00 WMH 10MOO VIARN WINCH WITH REMOTE,REQ.WGG-WP TO INCLUDE WINCH MOUNTING PLATE $IAKOD l0KW WINCH 121100 WARN WINCH WITH REMOTE,REG.WGGLWP TO INCLJUDE WINCH MOUNTING PLATE 12KW si'sm.00 3K PPTS EXTRA PROGRAMMED KEY WITH PATS TECHNOLOGY,FLEET KEY an.00 31C PIKE EXTRA PROGRAMMED INTEGRATED KEY TRAN8MrrrER FOB $Moo PINTLE SO PINTLE BALL COMBO 2 6010'WITH ADJUSTASLE SHANK 83I6M PINTLE FX PINTLE IIALL COMMSO 2 Inir FIXED SHANK $211M 2TONE TWO TONE PAINT SCHEME.DOORIS AND ROOF $I,BKDO CABBHIELD STERLING CAB SHIELD,BLACK POWDER COATED STEEL CONSTRUCTION VWTH MESH WINDOW $8110.00 CABSHIELO STERLING CAB SHIELD.BLACK POWDERC D STEEL CONSTRUCTION NTH MESH WINDOW INCLUDES SINGLE CENTER OMON PLATE $73100 A CARSHIELD STERUNG CAB SHIELD,BLACK POWDER COATED MEL CONSTRUCTION WITH MESH WINDOW INCLUDES DUAL MOUKING FEET FOR UGHTBAR $1173D.m B MOUNTINM BACKPACK LIGHT DUTY LOUVERED HEADACHE RACK $476M SLR SINGLE SIDE LADDER RACK FOR PICK UP VERSION "MOO SLR 89 GRIGLE SIDE LADDER PACK FOR SERVICE BODY APPLICATION PIPE RACK METAL UTXffY RACK WITH MESH BASKET OVER CAB 82,016.W MATRACK MATERIAL RACK OVER CAB. DOES NOT HAVE MESH BASKET 64,886.0D 31A SHIP THROUGH ALTEC S $MOO 31P SNP THROUGH AUTOPORT "n-00 31B SHIP THROUGH READING siv SHIP THROUGH KNAPHEIDE $MOD 31T SHIP 7HROUGH'IAMPA CRANE smw 31C SHIP THROUGH CUSTOM FIBERGLASS 63yeDD SM.00 310 SHIP THROUGH CUES LiCalt Undsocceing CRANESK CRANE: 2,000 LB.ALft Crens,Model E PAK w1h Hontom ConlroL.RED Cram or Rek*mad Be*and 0 1 14 CRANE SK CRANE: tOW LB.Lftom Crarts,NOW 3512REE with Hwdwko Control,REG Crown Bo*or RehWead"am Oumogam 11IM30M CRAME3K CRANE: 3,QW La.STELLAR Model EC$2DD-w1h PU Cadmi.REG Crwm Body or Fteirtomed"mW OuVWr@ $14.3MOD CRANESK CRANE: 3,000 LB.Ylentwa Crarm,Madal ETi2KX wkh H&VMmd C REG Crarm D15xmw CRANE4K CRANE.,4,000 LB Auto Own Modal EHC4,Includes 101 Reach vft HmWre CmbvL REG Crarm Bady or Reklmeed So*and Ouk%M $10.9mw CK CRANE.- 4,1500 LB ALM Cnm Modal EHC4,Includes 20'Resch wkh Hardodre Cm*d.RED Cram"or Rerdaffive arwouvaers mlomm Page 358 of 473 Pdo CAW 4K C !4AW LB.Show G E 1S'ReaMwIlh FM Corad REG Crons Body or PAkft=d Body Wd OW1910111CRANE 4K 17 : 4, Cmm Be* 419,8 6100 CRANE4K CRANE: 4. I.B.LftrAm Cmw MoW 4000K kmkjdu 1 Cmr& or Rehowd wd OWWW419 CRANE : 4,000 I.B.RudkW P~Elocift Cmm Muftl ROC4016,OckWom 1S' CRANE E: 4,0W UL Lifirnme C Cmw Baly 1 ' CRANE4K CRANE 4XI)I.B.Witum MoM ETIGKK w1h Houlodrul CmUcL REG Cmm Body or RMnk=d Body WW Oubigilem17, FTOAT T! POWER TAKEOFF( )REG.P I Hydraulic Crv=WW Or hYdmllc CRANE OPTION $780.00 CRANE Light an and ol Boom OPTION , E FM I BODY BODY OPTION: RWw Bc*an Compartineres OPTION Wit NO FLATBED NO,. ftU Up 1` 5K Cmm Capft i4 i0D 12FB NO FLATBED Hlk 12 •I Flound with Mommil Dumogem,C 1*(For 6K Cwo Capeft 414 12OF DRY FREIGHT. 12 P Hodwood Fkw.Dwe LW ft.RaiUp Rur Dwr. . 91• 1 DRY Dry p LJI OW Romp. . .. i ROW Gmh• Fwmn Rslrftronwd1 " X Lanoth of CRANE CRANE BODY OPTION: La E Stamm BmOPT 12LBO LANDSCAPEBODY. it Landwmpm body. Indud@sWBqmwhNL DuW&R=N 14® t° 510.11AW NWOD LANDSCAPE DUAL WEEDEATER RACK 5. LANDSCAPE IAPTER COOLER&RACK LANDSCAPE BLOVER RACK BODY 30"UNDERSODY BOX OPTION BODY W UNDERBODY OPTION BODY 4FUNDERBbDY BOX 5. BODY 61714NDERBODY BOX OPTION TGA INUTOMmy GATE 02 W 1942 TP27 STEEL PLATFORM 83.K&00 Too 1300 TOMMY GATE 02 60 X 30.2 PIECE STEEL $3.48MOO TOC 13WW TOMMY WTE 02 60 X 27 ALUMINUM TOO 130M TOMMY 13ATE G2 6D X 38 ALUMINUM 2 PIECE 1 TOE IMM TOMMY GATE G2 8D A 48 2PIECE ALUMINUM F I=#TOMMY GATE o2 80 J642 TP27 STEEL PLATFORM TON Is=TOMMY GATE G2 80 X 38 2 PIECE BTEEL ®1 ftoo I INN TOMMY ONE 02 80 X 27 ALURPINUM K2[15.00 J INN TOMMY GATE 02 go X as ALUMINUM 2 PIECE 64AN.00 TOK INN TOMMY GATE Q2 60 X 48 ALUMINUM2 PIECE Kamm 1 7HIENIAN isomo m 66T Ell X 29 MEL i PIECE 16ow TnSET 55 X 42 WEELP C TINS THIENIAN 1600 TT75 !58 X 26 ALUMINUM i PIECE THAI THIBM 1 WN TTIBET2 PIECE Page 3 of 473 PAR THS THEMAN IBM 1 7 PIECE RAIL GATE INN RAILGATE TOMMY GATE MIS RAL GATE 20WO RALGATE TOMMY GATE WWTP42 RAIL GATE 26M RALGM TOMMY GATE @o,"Tp42 SAL GATE 251100 PALGATETOMMY GATE 01FOLoE F Tpw 7 50-00 RAIL GATE 30"RAIL"M TOMMY GATE BIFOLD emow Tpao RAL GATE 46W RAILGATE MLTCD VMC So X so TUCKAMY INN TUCKAMY MAXON WCKAMY 20000 TUCKAMRY MLTCOC 64576.00 TUCKNARY 26000 TUCKAVAY WTCO C 65.2211,00TUCKWW 25000 Y TOMMY GATE TKTSM TUCKAMY ZOO TUCKAVAY TOMMY GATE TKr&= tR7 ■■Bm Rus Cam Ford Protect , F 7EM 30DO How Zero 6 Pricing Par Ford Protect Flarklm Recall L02DIS Gas Exha ExImCars Ford Pralsol EkiendedIncornplels disuls. Fin War 76=Miles, r Zom deductlMs, P I 9E 1 6 PmmkAm 6 Gee r■F ■I■• P ,7 . P r F e16 am Base ■ Ford Protect Extended service plan for Incompless d=SkLP ,8 Hour F R t 6.1 Fwd Protect Exterwded service plan for Ineumplaft chassis. Fin ,7 k r F .1 an PmMlumC§m Ford Protect Edmund serAce plan for IncumpWo cheods. F ,TNO I P PmmknR 00rated Florlda vital VIM R43& 6.100 DIESEL Bus Cam Ford Preled ExhvuWd senries plan for WwmpIW&dmsdL F r,T F P N 1 1 Bass 676par DIESEL C Ford PraWd Extendsd movies plan Ibr incomplete clusuk Phm Yew.75WO I r Ford proled Fladda Rolop612019K410.W Extre 6 DIEBEL ProrskimCers Ford Pmald EXNWXW servics plan for 1 ®. F ,7 I . P F P N 0 0. I 676go DIESEL m Ford Prorld EAanded MWVIM ,75M Mks,40M Mw Zero RINNAMb. Pricing Per Ford P N WMI 41MOD Base 6.100 DIESEL ExtruCam Ford Protest Extended sonrics plan lar I ,8 H Extra 1 Ford Protest Florlin S ESL PMnk=Cmm Ford Proled Extemled• r InCOMPINIS C11111610. F rprmkn ,7 ■ F P O Fleft on on 61100 ova Out of ®pundlase and DONOW Don not cotes r® F reglon TTO Tap are processed at ft basing eke and O"bft . I .■ p to .Coo InaWdes "am P 30 Day F )TqpTdb Option. i7. Tx 7mralwThgChww(FbrMao*) P Requires ? P) smw TAG N-Tog Charge t )TWMV Ogden,becoy City.Stan,or 314aft Tag. g 1120.00 Pshaft Ford Truck Befts.Inc. Onler CDO Description Pan 160 Carpel 110. 1a Gpwo Tim.Jack end Vbnl 626 Crubs Car" 1ThWar Tmft P } Page 360 of 473 r ASSOCIATION (https://www.tisheriffs.org6 Become a Member (https://membership.ilsherift.org/Membership-LP.html#Choose About Sheriffs Programs 1W Publications Join Today ' / . Renew Membership . / PURCHASING PROGRAM c Back to Main J i - r r I - FSA 1 ■ 0 PURSUI'1, ADMINISTRATIVE A NO OTHER VEHICLES Contract Term:October 1,200—September 30,2020 Pa e 361 of 473 bttps .fishmiffs.Orgtiaw-mfi==eW-ProWunalp��19vel27 12/1=019 ®/ FloridaThe Florida Shetiffs Association Page 2 of 7 The rf Association offers statewidepurchasing contracts n a variety of vehicles, ipment and services that areavailable ll eligible*ent' i nc 1993. While entities rc i from r contracts r within the state Florida. li i le*entities fromr states have used the contractsIf it governing r ordinance II available,For details of the products review the CatOgMY YOU are SOCIZiUg tD purchase. documents.Sfinply select the drop-down arrow and locate the vehicIe of choice. The vehicle links will take you to pages that are solely dedicated to the bid award for that commodity. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll tha bottom of the page and find a fink to an the bid suppariing bid Purchaser Ordering Process Tutorial TiStik4' ,q"_ {12,.5 }?t jtl>>#if��1 W am 9A a m ikt 5 F COMSHEFdFFS J due t � yy ti,1 a 3 � i ,l tis + PaTe 362 of 473 12/ 19 I ! I'.. 1'Iti s _ � f _ • �1 ! !i •' � r I 1t .. . •@ _ it ., '+ a n=.ik , �:, .i f 1': It h* .1 rx r,J ,♦ lit Ill G f r.,� ? 1#i �.� - �� :i .�. ..: .. +� � ✓ � .• • -� �. �j. r it .11 to ■ N to rl a , 1; r e .� .R . }. i ^! IR ■ • wry. ^1 I L y L I l • I is r, � �� r SINAWWd Tom Odaber 1, 1Q®Septerabw K 2= Coedmat.FDAIS-VEL27.0,Pursuit,Administrative End OlwWNdm GrOW.-Pickup TKWM-4X2 Seen:102,Chw&*K 81mrsdo IGW Double Cab IWr,CCIar53 0-011OWNhInUM&W WMMWd SqUiPMOn!Ind 2PmMWfiWk and F rot Included also powerwinclamm pow do&kxft,mej ksylsm&" mm Ru* VWWW P&D vamm fthmy AM JR Ch—M CmdW InL dft Alan JW Clairmist Buick GMC Cadftc; am'SK55 Allatnal SC dbe Duval Chwr@M Wosam NwU*m Prb-v Staft Molonmars,LLC dba OuvW Cherwolot Wo'emoo Abmmft Alan Jay Chammes!Cadlec,I=cNaN Alan Jay ChmmM Buick OMC Csdtao S21.0K65 Dental pdwwy Staft MaImm.LLC on Duval chavrom gm090.00 Aknuft Alan JW Ch&-W Cadillac,Im dW&Alan Joy ChwmM Bukk(ING Cadim $21,094.65 Sou"m Plimary Marks MOWMM.ILLS dbe DuM CheyroW Gm'm.w Aftarnmas At-Jay Chavroks Cm$kmk Im dWm Alan Joy Clumohn Buick OMC Cad0sc 921.CKW Opdom appear In 01PImbedes!aMd*r by 41WWd8d VOMML Opdom Alan JW Chumist Codillar,hL dbb Alan JW ChawraW Buick ONIC:Cadillac Order Cmb Description Price K E0870 Kn*WAWB 6.9 Why be*for wmnded a*Rwwr w1h 31"CA(includes 2nd Stage MOO,WWWN Slip,a CwnpbW Vshials Ca"MostimL) 810amm PING KIM Knephelds 6.6'udiby bo*for SlIvermb wkh 41'CA{!ncluchis 2nd SNOB MSO,VMgM 81IR&COMPWW W*ta Cadiflostion.) SWIM Kiwi KnOPIWIft&W SIP top ufliky kw*fat Sihmnda 41"CA(Incluchis 2nd Stop M80.WelSid W A Cornplftd Whicts Carl0calon.) imi'mcoo E0808 KWokle N utflky body for 81luareft ISM whh W CA(hdud-2nd Sapp M80,MW 8*a Compedad Vahkb CatMmtbm) WKOD K THD T41WWb Lalcham 8-claarbodiss 111=0 K RKE Ronate kayins as s4ow bodim $1,470m K MI.SG M&DW looking sydam Salow bodin $mW X C240-1342 Maxon I IM lb cop@*pick up buck Ogg@ Sp x 2-r+4- TP27 KC2-0-1342 Mmom IWO Ib cope*pick up buck Migme ffr x 3V-+4"2-PC SAMMOD TP38 K CZW0541! Mom I SM lb cops*pkk up truck NJ"or x 2r+4- Amm TP27 X C2410-1542 Ishmon IND 6 cimpeofty pick up truck Migim W x "+4°2®PC ISAWAD TP38 RFD-FSA All rsgWw=W lealmy produallan oplimm to be alleved at 51 discount twn MORP In accordance wbh Term WW Condiffens 113 OPTION PRICIRG,A copy ol ft wAndw Sam Walser mW stenclard equknpmwd 1W to likabum M8RP oplim Plus vAll 164 Pm1cled to cmtmnw whh each oonftd owdomft Vids(BEE TERMS AND CONDITIONS), MAN43P Ali m1l'4119CUM UPOffideS WU be offared In soconlarm with as Condillons;2.11 OPTION PRICING,ft uparadie will be adoulaind by to red:dilismarm b§Wm $0.00 dealer cost an the n9wentalive bass vahich(ble pda)and ft NM MSRP of ft reciumstod option modilying Us whicim.A OW of ft Windumv Waker and Mandard equirmpment Nal to NAWde MERIN aption prIcem wfil be,prmkW to megoew wfth @am mnermal m*mbg Wft(SEE TERM AND CONDITIONS� EWA PH=to be qualmal N Fbrkb Mandatory Solos Prim.Inkamergin gvetalft thmL#r ALLY,Ford ESP,JMAA,QMpp,NISSAN,MOFAR.PRIG E@ TO BE QUOTED FOR saw SPECIFIC VEHICLE AND POWER TRW COMBINAMON. TEMP-TAG Tonymmmy US SKOD TRANS-TAG Transfer wdrft rogbftdm Iracuse beap aq;A iam way om"M shipping for Wgrok".(murl W-We tma mnbed SMAD NEW-TAG Nmv gift t"Mdud-WV ft A h-way—M%N shipping for HOopectly slab,caunly.chy,Wmr,olo.) 8316.00 AP TGASW 0,11'Reeft Clemalm N LAW Wily Imcsory powdar cooled White with SOT pndch kddus(Irm1mbo 2nd aftgo MSO.W@Wd&to,&A ffwvhwkmm cmpkbd vemals $0,mW cerfliltstamm)RW6 42"CA Gin*Rom W"OM IV=inshmu pickup bm credt. F7 GB Ruft C N WRY body hodwy powder ocated while w1h 087 paddle bachem wd Slip lop Ws(Wkxiu 2nd stage MSO,walght Blip.&rmWUW M@rRdbMma $8,975.00 Bell. —Pbbd"111019 OWMMbl)RNO 4r CA Single Row Most QN1 IWO,Inakshms pickup box auk AF 82FASW dZ Rmaft Chavilm N Alky bady ftcm67 posgier combed whU with 88T peddle bmiches{inckidem 2W ap Mo.wadit allp.&4calguelis mmmasclumm empided vshi* $AM&W COM01111m.)RW8 4W CA 8bVb Row V111601 Ford,hfiMs Pickup box crack. AF 82FABW 8B RmWhg Clamb N Lak body,balmy powaw oa@W Whib w1th OBT paddle hashes mid Sic top 11da 1 &w Still. camplead vehiale mgbffdm}"40'CA 8100 Rea VillmiaIF , Molud"pickup box auft AF UINA OW W ft"no Cbmb N uft boo reading check 11 bdM powder oambod whb with SST Packils Loachme(includes 2nd Mp MSO,warg?d WIR&Gnekop memoncearm $8AM00 —PbMd-hkb owffmfim)"Or CA Wn&mar whad Page 364 of 473 11 dft body mailing classic E bdwY powder aaW whike with BST P 6 ( 09,71aOD wheat AP DGA DW 6 Reading Classic 11 E T Peddle Latches(Includes 2nd Mp MOO,waight p&firiffitablis wdmdochnm W836-00 )Roofs W CA dual raw whool AFWADW A'Reading CbmeW 11 uft bWV reading CUUM 11 180M Powder comied while w1h ESTP e 110oludw 2nd slage MIND,welght dA A finamlop 64e0.11 QDDmsmqmdmn completed vehicle corgiteglim)Room Sr CA dud mor I AF TH-704& 4ST Wilondle LSON 61 SWAM AF LM4*- Lifich Magic Kernels Looking Sydm( } $1,155.00 IOB AF LM-08- Uft Made Rwnds Locking System(Insialled In atook botW 61, 325.01)100 ACTION AF L-7 ( ) BVmDW ibuWbd In clock bmW 1, 29111.00IOBACTION AF78111110ford Retachible Bod Cover 1 AFSS8Wi 03,120-00 AF ST40- I gilding Top Factory kaWA(WA for do 78 A 82 bodies.} 92,40-00 avow AF Cylinder Lift ISW lb C 'x 2r4 4"for P (loolucles womill for talligmewk K376 001942 TP27 AF C2410- Mason Dked Cylinder LM 4 x 42-PC for P ( )• 1342 TP33 AF C2410- Mww Dired Cylh&r LN 160D lb C 'x "+4p,for P ( k M671100 1542 TPV AF C240- Mom Direct Cywor Lin i 6 'x 412-PC for P (Inclumiss crash lbr WPM. 1542 TP3S TRANSFERAFCANIERA FACTORY CAMERA FROM PICK UP GATE TO LIFTWTE AFGENBOIN THMSFER FACTORY REAR GENSORGLIFT GATE MOO RELOCATE AF C2-54- Maxon Direct CylindsTUR IWO Ib 'x 4"for Service Bodies ' 1342 TP27 AF C244- Maxon Owed Cyi r LIE 1300 go Capacity 4W x '2- C ter SwAm 20&80 1342 TP35 AF C2-84- Mason Direct Cylinder UIL IWO Ib C x 2r4 dr for gwyim B0411110 "AMOD 1 AF C24W- Maxon DWd CVLWw LK IBM lb Cops*4ir x "+ ' - C for Bmice Bodies '610° 001542 TP35 AF TT45E Thlornan Dkod Cylinder LAI 1 Egg Jib Cspw4 6T x "4 B'ft Bunko Boom Koso. 2546 AF -4 BE ThWym Dirocs Cy&UW LM 1 6"2-PC far Servics,Bodies Kwa.00 4245 AF SPR BN FSP To the VAnddrisid.Rocks for OWN Bodies ( )Rw Crm Bar 61,80D.00 1I and 44'Service Bomfin wE have a Rmamichr contor Cnm bar Ovwft Bed Arm.Action Ladder Rocks 1-1 Pointedconalruction AFBPREXP For PAI bods,0 and V S A Rocks for Service Bades wl be as ryles m In Sao Ams( )Now 62,105.110 go Grego ON Rwroollift.Rocks For 01 and 11'sovin Bodam vdfl ham a Rwmnbb corider Crops bar Overton Sod Amm.Action LmMwMft 14 8*mm Tub*construction Palrawd OWL AF SPR HAR Add Expanded metal mor whdow guard For P F ( ) F ON and 11'Bwvkm Bodies vAll hm A Crm bar Over the Bed Arom.Expanded MdW Fma OW rocks Pe AF P back,AF ALPR IN For PAJ S and V Service Bodies Rack W&Twored F I-IW Altairson16 IJO Bed=.will be as Wilkie so to Sod Arm( )poor Cram Bor RwmnvbMI Redd For 6 A Action Ladder Raft 1-1 Page 365 of 473 chiderccefis AF ALPR For PIU bWoIQand metal Fn Ladder Radio I-IMI Akjmhm Square Tubs corishruction 7b the WrdshhU Rocks for 62RICLW EXP 90 Berwhis {■ Be*)Row Crass Bor Remomble.Rocks For Or and 11'Bervice Bodies wil hm■Romandild ovow Crime ft Bad Am,Action Ladder Raft 14Fe Mumoman Square Tube conwhraction. AFALPR Add expanded metal raw window Ward to ft&ban durnhum radio 571040 HAR AF ALPR 90 For PfiJ Q and Ir Service Bodies 7b Use F I be as Wde,as the SO Area(not )Row Cron Ser Rainovabl&Rocks For Q ,1 so and III Service BodW wM line a Removebb center Come bar Over ft Bed Atm.Expanded Metal Front.Aluminumon. AF ALPR Add expanded aided Nor window guard to ft above aluminum reshe 15 HAIR AFCUVSB Class IV WN fim recalm dreanke PAJ end sftb hour wheel service body "Moo SK AF CLV V 2-Ur 1E PA!end Single Rear AF CLIV 80 C4098 IV 12M be Receiver DrawTdo PAJ and Single Rear Vionsal Serves Body. MOO 12 AF CLW So Class V 24FZI IB,000 be resolver damage,PAJ and singht raw wheel service badir $6110.00 1BK comfortAF WRInifing Shiniked Line doily bo*fiddory powder whlo with 68T paddle hokohas(Induchis 2nd stop M80.wsW2 Nip, 67AMOO ) L21 AF WRoading Standard Lina r coaded while with f1p top has QSOT paddle backed(Includes god Ideas Qfindkialis m T SLURBABW completed viddide cardthrodonj L 212ci L AF L OBT T-Hmndb AF e Remain L (InaWvd at Resoffing) $1,186.00 Ice AF c Remoto Lacking Bystarn(Installed In Mack bo&A i, 103 A AF (! } AF a (Inaboled $1,2KCD IOBACMN AF T FmdM Installed 22730018 CAMERA-F Denier Indibilled factory ordered careens REQ 2). $150.00 er Installed factory andenod owners(REQUIRES ). Ii1 D (RE ) Qi aroundCAMERA RR Ramon and da-kmW hem,esman from heogwor SULOD WWNWT "W grEe Quard wfth winch inside floodingWMT Wilkich mount over onix no push burnpom or wrops, MM-00 FIC Whand C mounted laterally,to front of h FD01018LRBahead. IZOSLOO FBF1716LR Ranch Hand roph000niont bumpmr,posoler coated bkdL Rapdres.FORD 360D d 17111r,povskir cooked black.Requires FORDrd carriers, 8ZOOL00 LINN VAwn MOM NO recovery,p ad r fishriesid,and were mp. Q1.1 VR EVO 6 Wilton VR EVO saff recanavy 8,WM rated winch with remiss, .00 VR EW 10 Wftm VR EW saff recoary10,0001b rated winch w1h rometa,open foldneek . Q VR EVO 12 Vim VA EVO Sol recovery 12.=b rided winch with remote, d who qn, 81.um.w ISLOU Wkin HEAVY VAIGHT11158 one minvey 1Q® n MON 54 Mbrn ZEON soff recovery 8.000b rated winch w1h randots,open fiddawd,synthoft rope and aluminshn which drum to noducam ran wooK1, QQ ZEON 104 Van ZEDN sell mocriviry 10end m1cminum which drm to reduan paps ww. Qi® CH i2-8 Wilton ZEON ad#monry 12 n fmift8tt SPIVWb rW§and e r. 11 guard AJ CLIC ChOB 11 nsoohaar hildi,Installed at AJ Flo*L 8W.00 AJ CLIV Close IV resolver heck,hWMd id AJ F Page JWof 473 price AJCW Olms V recalver I T&4 T slam WOE E a Ei Q C I 120.00 D02 Draw bor wfth r Ball,pin,and dlp. $60.00 D20 Drow law vith 2-mor G poi,wo cop. *1100 DES I&N bar w1h 1-7W,2", t PWW cafthon draw bar with 2 1 $140.00 BLIA F $140.00 )BOLT look pad loft,kayed to vahlole Ips i 35.00 wvintiq On r }wS My to vahl* W.00 NWogm filled dis MAO H "Magan ffkd . . .{3M ton vWdu d ups $165.00 DRW Narogen tbd dres an DRW volick L i 86.00 1 1 p SI'MoD SHOW R-N4.LONG Roll N Loch emr,long box(91 GM&PAM both dwxt A 81'somoo CARGO- Cap Oft 1200b bad dft wkh C skM wid nMw walad floor. t SLIDEsaw 1 CARGO- Cargo Oki*1 E1' GLOE IBM CARGO- Cargo Ofids 200M bad WUS wth 4" ,t GLEIE 2000 FTEPMEG fi" r by dD 3"Mack kkulerb pkkepL *Mao I CREW OHMR KoW LlwW Pro II HQ owaffisad U%M rack pawdor combed ModAw. 1,2 86.00PBL u bad Sw MOD AJ COMP S. LQ comporlmord lWft kwhilkidit all comparknorts of V cr E service bod�L "Mao Q AJ COMP LED ownporlmort IVU kabillid in all offiqwrtmwm of jr or P • Q AJ COMP Linstalled fl oompWanera of 11'servics boW i Q Aj P- LED comparimerd Rahis hddM H ar 11' KIDAD AJ 4-VARE 4 wits frobar pkis $66.00 E IGLOO Him DTF 4 TRK DmV IN film kniallad an four dam wd back gbas for agendadkAw 00 pickups. $280.00 L flut bo LIMO an all MW&Absss WOD r $195-00 WIF EXT W&OW TWA gow 1 WTFCRW OLTH 1 Dadw I (t k 1, Moo L a(1 at E End rmw). $1.545.00 R82 Back an adn I r Page 367 of 473 pdU RO 4 SM on twin shiside(4-doors). ROF 01 2 Flange BW rain shields(2-cims),may have compatibility hauss ugh,1 1 Fd Flange AW fain Shields( ),rnmy heam CoMpallbift barma w1h 1 St iP i4j Move upon applaslon of brake packin to thargeus&Ivw nerwermp behind you when vlopping) $210.00 SAFET Amarex 5lb Fire extinguisher,F t aid all,and King James 5 Do rood alangloo; 11390.00 SK DUMB Pprogramming CHP Ackfillemd key 9A and m ). 31CR Addillowd SUkRT 3rd bay wtd remoft for voMoM w1h proalmity accen. MOD M12WU s kwarlar recurled baNndignition ! h mounted tiLfired dun to .}Includes ftVd and ,s shrink Mangalore EW Wks low. 6 121 U XANTREX IMM PLffs NWO Dweder m under mor possentfic,seat with ignitim sourced naveas I u5sr caft mounted an dash SMOD me to .)Includes height r shrak 1 U XANTREX 2DODW pan she mounted behind ftrA plawttiw seat or under roor !user contnal ragaffied an dash 51,1MOD mounted an deah~019 mounting boom mft be required dun to chavarm.)Includes loam.shrink ocrinedws and wing 1 mounted behind beat passarefir aM at under raw PGDUW Base withsourced brifflan marab!uw control mounted an dash $1, PU mourfiling location ma be required dan to clowsm.)Includes freight and kabolhalon with 410 powr and grvund,Ignition 200A lessiten,had k cormarclonr and who bom.i m upgreding finternfilOr find wWWon of man"beW specific hasclache nack whh m ®0 HARML Bbft Vshichl 8POCIfic headedw,reck with corterad s r coated Weak SMOC, L c h moms,pwmdw combed block. VS%NCO-MNT 1140110 vehicle specild 30M mesnP board mourd with intagnsladl Nithaw pladarm,paveder cooled block. MOD BROOKLYN SWUM swvj=body @Me Motm OR IBM Bad Rack cab guard for P uR s body tool box. 11MOD BR 1 LB Back Rack cob guild for pkkup ftKft weaud e mass body tool box,I light bar m BR ISCOM Beek Rack cob guard for pickup tuft with am body tod b BR 1 BOOM Back Rack cab guard Im PWW bucks with am body bal box,hbar m Le SM-00 an 81001- mourfis for drftr&W poseengtor Wde 6100.00 Blow R 01001 Rack 10.5"a"an pedestal invialed an drim side of cob ah d ht r 6. W01450 WerfiverGuard aingle skin mounted r pickgoe. i1, 0. 1 dinghe skla mucted becklor nock for ulft badiss. 1, 0110.001 ATS-14 RD Aluminum but box with elvehird height single Rd wal 14° 141 RU Alunthum tool box wNh stormord height mingle lid vW 1 ATB-19-LPRD Aluminums d18 SM345 (2 j me " emm (M aide mounted 811 (2)"mauled 72"lad boxes with mendard helght Ids. Waco 181 depth saddle b=with olngto Rd and j 4ir bad mil mourded alanderd hshft alds tool bmas. 1,4 3BOX LVoB holUdes standaim!height i s single Rd and )721 bed nall m' 1, lxoo FNT86 DO Golan Fuel n Tool Damon with 6shaped fteell hank,Wal bay,13OPM hA bB=W PuMA h01A namcK ffler,and GPI In shad bed PU or Lilft bo* FNTI01 101 GORm Fuel n I bK 130P130PM feel later, I Inflne d1gled flow moter for un with lang bad PU. SZ11100 110M 100 Gabon W gander lank inaluslas GPI 12V hW pump.214 x 4"Mw kH(10 micron),GPI ditifial fuel motor, d 11022K leak kONdW 10 d of Uft body w1h h CcfnPaftwd top to be relakaved with reel mounted an angig 45TB 4W Chest Tod Box mouled hat bulkhead in LOW be* 8=00 FTC CLV-HD- 83 Class 1 Page "'of 473 &dWCO* Description Pride A prong beller wft 8110.00 PTC RE Spronquillkybullorwiring 012MM PTO 7XIMIRE 7%AW fist camper tester wift $120-W PTO WY82M r V ORW Powder Coded LNNIV Be*far W CA Furnished wW Installect by Prarnlor Truck C (Includes MOW completed vd" .) ALUMINUMFumlefied and Inalzbed by Premier Track Career( Ip ,3 RALLOp SIZ37&00 maw m completed valilds cortiscialon.) PTC Wan Warner V SRW Pw&Vw CodW Uft Badip for W CA with F PrandarTruck Center(I ) PTC WT2T99 Warner Ir IRW Powder Coded UNDly Bodir Mr W'CAwAh C , ( )•Pumichad and Installed by Premier Truck Career Preludes 2nd SISAKW C,wolgie do,a fimMigge merwFicabron cornpleded YoNale merfiftation.) di THANDLE 1, BROOKLYN- III d PTC-MLG Mader $6?GAD PTC W82118 VAWFW 'O u dlI;N&finsWUM m ®corlidoofficrQ Powder C Center Oiduches 2nd stap MOO.walght dp,S We~ SADDLOD M DW m coeiplesed eshials cordikellm) Powder CI Promlor Tneck C (IrAxles 2nd stage MOO,welsit 0,6 bid- $9.1100.00 ) C ( ). d by PnWer Truck Center fincludea god 614,IOLW weightMDW54 Wage MOO, it a Inew0go m ) THANDLE PTC- Brooklyn Bwa for W Be* $1, BROOKLYN- a PTC,M1A Madw to*System E67 . 7K FTC Ranch Log@W madol fib"lass tonnsou ower,diad baA pahod to mgM cob of yet" 1, L 7K FTC Ranch Legalcy model fixeglan tonneau cow,long becL pointed b m 1.910. TIC FTC LEER 700 modd Iteaglass tonneau cow,short bed,pmkftd to moloh cob TK FTC LEER 700 modelSWILOD L TX FTC Remake keyless entry fat LEER 700 model TK FTC ER o1 $2,21&00 TK C LEER SM mufti lowlvdis fiberaless tonneau cover.long bod,painted to mefth cob of"hels, 82=0D 7KEQH&aB Ranch Echo Fiberglass CH52,176.00 TK ECHO-LB Ranch Echo F gloss Wdes ftr Wl bed pwaps. $2,260.00 E Echo F High topper with Rlda82.761100 ECH Echo FlIcarglass Cob HO toWr w1h i 6.00 7K ECHO- Ranch Echo Fiberglass Cab H )sar shot bed pickups. SZ9110.01) ECH )for Wq bed P 6114.0 TIC SIERRA- Ranch Slorns k"W with solid skin for short bed Pickups. 1112,76110) SIERRA-as TK r as Page 369 of 473 TK LEER- L r t OUR lQPW W1h ftm8d WkWOM and barred roar dowitar short bad Pickups. 1 Lear t r door for tong bad picto4a 1 TK LEER- LOW IOUR lapperwNh side windom and ftm§M raw dwfwp IMUROB E E 10M tapper w1h Skif WkWOM Ond filmlenP door for long bed pkkupL 1 TK ARE-WO ARE V-8&116 tapper with° . TX ARE-W.B RE Y4vdm taw with aide whicom for bV bad pickups. 53AMOO TK C CaWsa complete rod rack symm with two cross bws a 4 51,1 MOD TXLEER LOW I h eevekkft1 vertical Rat 1 1PbWw window,2V ifflarior light bar mounted q of and LED broke Slint TKLEEE Lear commemiat filmKohn tapper Mudes firtnt plature winds% I .9GM biql1h° I bum hcWftg i varficsl vind 1 100RCC4.0 hmtordal d °r.mar IS up door with p1cenr window,My iffledor Ight baray Track to be inewlind an LEER Oftmomild topper for shut bed KARION Pfirm DwSn Alullook avedwed mBhvW (W1 Jong rack� ii, TKARIOD7 Prime Design AhAnck oveffaw MONwW rack to (I Ur ) 81, A 2VI Nigh, LOD S 1 and 9 p 1 , i TK LEER Lear DelLm AknimanI },23' sidt dam with dftw 8W P1182vager CC 1 Venfical wd i horbonN euvichr,raw IN 12v L q r,LED broks light NO BOB 8H HD 9 (short becii Ungsw nAL HDSOBLG Fhb Swpbn spray an bed q )under rat MLOO USGB HD Sowplon spray an bed q area of&a 9 ut USD HD Gcorplan am an bed Inar applied kulds corp° ®,And mor burnpar a13'S 1® COUPSOB NO Saxplon&pray on bed IRK applied to inelde of hoeblonapi camismirrOft and or Od an Willy baft both a son HD Bourishm spray applied to bumper only UNAPER 8100.00 01321111116'.Sbft r°,LLC dbe Duad Chavrahol Order Code 09-9"- Prim 161 CREUP. Punmant to FBA BoWlabs2.12,2.13 twitarding factory firso4low options, Us vaNde spedfloodan includesa SEP 11. In 90 fimom 1111-11'here far ary C mgfftda CUM may d deshW vahldo and clealor will produce mmapKidnS FIA ombvd qude dostieft In@ bm doommit PAPP00111d by OEM P rim ®bedoptional q ots upicesed to the vorWortil;bid she,laMaind at ,or milaids gons DuvalC US Engfflio.2.7L 1 1 [471Nm]Q 1 )(included° (PEP)Wark Truck 2.71.Peat Padmp.) Engine,L3L EvaTecS V8 with Active Fuel MansipirmirwLai 1 }a 41 } 1® . 1113 Engkw 4.31.Eco1ba V6 with Advar Foot Moraillomard, 5 hp 1212 1 )a BOW rpm)(SM) E aWcmo*cmu*IWwrhunrorhmEnd I modL lraludes Cruise Gumb Brakinga (' ( )2.n Tudo ovirm) .°r ) KOO )( )(Requiras 2VYD modal rnadel aid(1.82)5.3L EcaTed V8 angina.) tri Raw iodo,U2 ratio moo 1 ant Group KOD ir x B"(4&2 an u 20.3 )Bright obw pstroad Lbjmhm836.01) RDI lu,irx V'(411.2 am x 211.2 )URM Silva Pefted Abel( ) N ,2115fM17 olksamon.blackwall ) 17 8114amin, #1 RCS ,LrdOMM17C° I Page 370 of 473 The Florida Sheriffs Association Page I of 9 (https:/twww.facebook.com/floridasheriffsassociation6 FLORIDASHERIFFS ASSOCIATION r Become a Member(https.//membership.flsheriffs.org/Membership-LP.html#Choose) About V Sheriffs Programs V Publications Join Today(htips://membership.ffsherft.org/Membership-LP.titmi) Renew Membership(https://membership.Rsherift.org/Membership-LP.html#Choose) awl ffrafiftm 0'a rumamSING c Back to Main ing Page (https:/Avww.fisheriffs.org/law-enforceme r r i - rchasl - r F at AL EQUIPMENT PARTIAL EXTENSION Partial Contract Bftnslon: Effective October 1, 2019—September 30. 2020 J _ _ 12/1972019 Pae 71 of 473 The Florida Sheriffi Association Page 2 of 9 The Florida Sheriffs Association (FSA) has renewed,through mutual agreement with awarded vendors, select specifications within Contract 1 - 1 , Cab & Chassis Trucks and Heavy Equipment This contract renewal is in accordance with Section 3.04 Option to Renew with Price Adjustment of the Contract Terms and Conciltions. Awarded vendors on this list have executed agreements signed as Addendum #3, dated July 1, 2019. The price increases associated with this contract renewal are based on the Producer Price Index(PPI)as published by the U.S. Department of Labor,Bureau of Labor Statistics. This extension authori2m a price adjustment for each product listed and applies to the l® options. Option pncing must remain below MSRP.Price increases may not exceed the published percent. FSA has published a schedule listing the authorized PPI percent to each item.(Contract Renewal PPI Schedule). To utilize this contract renewal, simply refer to original contract for the product under Contrad FSAI 8-VEHI 6.0,Cab&Chassi• s Trucks and Heavy Equipment. Coritact the awarded vendor using the Vendor Directory. To calculate the contract renewal price,use the original contract price and the percent increase on the Contract Renewal PPI Schedule. Quotas from the awarded vendor must not exceed the orioial price plus the authorized PPI percetit listed on the Contract Renewal PPI Schedule document for each Group, Make,and Model. Options awarded with the item and Non-Scheduled Options shall be below Manuflicturer Suggested Retail Price(MSRP). Therefore,while options awarded with the iteni may be increased according to the PPI,the final price may not exceed MSRP. See sections 2.13 and 3.17 of the Contract Terms and Conditions. The Terms and Conditions remain in effect for the extended period for thew products. Items not included in this list have been re-bid under Contact FSA19-VEH17.0 Heavy Trucks and Equipmen4 to be awarded October 1, I . Paqe 372 of 473 https:/hvww.fisheriffi.org4aw-enforeement-programs/pmmhasinWfr,aigvehl6 ext 12/1972019 X 111114M M KIRY Wadw CL WNEWWwom December 17, 1 City Bill Darty 4& Genie.A TOM COMPANY Quote per Florida SheriWs Association Contmet . ,Specificadon Contract '2019—September 30,2020. Z.,WWN RJ with rotating Jib • 35 ft 2 In working height • 29 ft 2 in platform height • 20 ft 6 in horizontal • 12 ft 8 In up and over clearanos • Up to 500 lb platform lift capacity • 3 ft 11 In machine ° h • Platform Steel 3 ft 10 in width withsliding mid-rall • 4 ft Jib boom with 139 11 verticalrotation and 1800 horizontal rotation • Self-Immling platform • Hydraulic platform rotation • Proportional Joystick nt Is • Thumb rocker steer • Drive enable • AC power card to platform • Hom • Hour meter • Alarm package.flashing beacon,travel alarm,till alarm,descent al Contact Alarm • Descent A travel Warms • Zero tallswingfront arm swing • 355°non-corrtinuous turntabletion ■ Dual parallelogram for vertical wall tracking • • Solid rubber non-markIng tires POWER • 48 V DC deep cycle battery pack • 24 V DC auxiliary r • Universal 30A battery smart charger Genie0 93,115 AGM ' e- s List Price Total97,75 Contract c t -19.550 Contract Price $ 78,200 Less ' ' Discount - PricingQuote Total $499970 l . Delivery to City of Boynton Beach and Aerial Lift Operator Safety Training and omtification15 people. Thank you for consideration of our produm Quote is valid for sixty days. Greg Bennett Govennnental Sales (305)5 5360 ext.11 86) -7037 cell (305)477-2024 fax 1 MIMI Dude WEIPWme"Ch 14nwhmn Room RMprn QNrliola•xe9lrYl 8388 NIM o st, 464{rye 6d w o ndhobee 8hd 841E end r 9996 Ropm Ave 8651 r Frxta th 17966 E t)olonfel a R Was DUA%R=14 R IT aWVM.FLX440 NapWFL34104FtMmFL3= 14181 MIND=I 177 00410M MWSW II r l T-M FAX04168140 FAX15MjW4Wi .1 19 r 1 Page 373 of 473 { WIMM a x FLOREDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES Name of DealershipVehicle plice 4 CS L -g .i_Ring Power corporation T L. 4 cif #721 19 Genic OS-1930 Woman $12,801.00 1 F 3 — Ring Power Corporation 2019 Genic -1 930 Northern $12,801. 1 GS-1930 — Ring r Corporation 2019ic OS-1930 Conbid $12,901.00 2019 i OS-1930 _ _ Kelly Tractor Co 2019 Genic -1 0 2019 Genic -1southern —NB— Federal Corp 20191 1930 13,1 . 0 2019 Haulotte1 ..NB— Federal Conbwb Corp 20191 1 $13,192.00 2019 Haulotto1 Federal Conbuts Corp 19 Haulonc Optimurn 1930 13,1 . 2019 Haulotte1 —NB— Federal 1 $13,192.00 2019 Hm&a Optimurn 1930 E Southern Kelly Tractor Co 2019 T *Westmn $12,000.00 ALT-Southern States ToyoutLift 20191 $13,200.00 Kelly r CD 20191 * $12,000.00 ALT-Ridge Equipment Co.,Inc. 2019 JLG 1930 $12,936.00 Kelly Twor Co 2019 1 11,5 ALT-Ridge Equipment Co.,Inc. 2019 JLG 1930 12, Kelly Tractor Co 2019 MG 1930 ES southern $11.500.00 ALT-Ridge Equipment o.,Inc. 2019 JLG 1 $12,936.00 Page 374 of 473 b .f h _ t 9�usw— CaUNTIES FLOREDA SHERIFFS ASSOCIATION & FLOREDA ASSOCIATION OF COUNTIES SCISSOR LIFT - SELF PROPELLED SPECIFICATION #72 • 2019 Genie GS-1930 The Genie 08-'1930 is contract comes with all the standard equipment as specified this made] 's base vehicle specification(s)requirements which are inc( a a part of this contraces vehiclee price as specificationawarded by e. centralZONE: western Northern BASE PRICE: $12,901.00 $12,901.00 $12,901.00 1 . While i identify end include items most often requamd by participatingi ll sin vehicles, i needs and preferences on going to VINY ftm agency to agency.In an effort to incorporate ' iliwhich allow the purchaser to tailorvehicle r needs. equipment11w following tcost we provided hen to assist you in the total cost of the a 'cl s)you wish to order thmugh this program.Simply deduct the cM of any of the followingequipment itum you 's E base unit cost of any equipment items you wish added to the bue unit cost to determine die approximate cost of a type vehicKs)you wish to order. officialNOTE:An listing of all add/deleft options ' es should be obtRiuW from the appropriate dealerr zone when preparing your order.Additional add/deleft options other than se listed available through the dealers,however,those liftd here must be honored by the dealers in your zone at the stated prices. Page 375 of 473 VEHICLE: OS-1930 DEALER: Ring Power COMOMdOn Ping Power Corporation el r C. westerni *Souffiern BASE PRICE: $12,801.00 $12,901.00 1 , 1. $10,800.00 Western Order Code Delete Options &Northern Southern '2 ®s $2,77 ' UPGRADE 7V GS-2032,AM AfACHM ONLY GS-2632 ` -specify $6,023.00' ONLY GS-3232 1 equipment-s ] ' UPGRADE TO 3732; ONLY . GS-3246 ' Optional equipment-specify $10,448.00' UPGRADE'717 G4-324a BABE JILlCMWX ONLY 3 -552 Optional equipment-specify $47,529.001 UPGRADE 70 G 5514,BASE MCME ONLY 1 Optional equipment-specifyOrder Code Add Options &NorthernS-451 Optional f CentralWestern Southern i t- $65,558.00' ' I. 2 3 2 UPGRADE S-45 4 E ONLY 1 MODEL UPGRADE TO OS-2032,A'TS.40R LIFT®$14,320 2 -65 Optional equipment-specify I 2 $88UPGRADE 4WD, C E LYI533.00 V MDEL UPGRADE 7if?GS-2046SG1SSORLIF7@$I4216 2 S-85 1 Optional 2equipment-s i 227,77 . t ,7 S 4 ONLY 1 c06.002, AdODEL UPGAWDE TO CrS-2632 SCMR LIFT@$17.506 2 k 1 TL-30 2equipment-specify 37, ' ,469.002 M-50 MRIA BASE hUCHMLY' 1 MODEL UPGRADE 7O GS-2646 R LEFT$17.268 2 TZ- 1 3422 I7,1lr 6.002, U . i 34 C BM MAt-& t CHME ONLY 1 AMDBL U -3232 SCMUR $24256 2 Z � 3 2 equipmentOptional 40 4 7 fy M, ONLY 1 ' 1$11,106.0021 92 3246SCM0RLjpT@ 821,pg6 2 72 Optional equipment-s i AWDEL UPGRADE To GS4047 28,971 2 Optional equipment-specify21 00 AG -F 2 Optional ' s F equipment-8 i G BEACONS2 2 DIUL LEDPage 376 of 473 OS-1930 DEALER: Ring Power Corporation Ring Power Corporation Ring Power Cmporation Kelly o PRICE:ZONE- Western Northern central *Southern BASE $12,801.00 $12,801.001 , i , Optimal equipment-specify 1 $396.00 21 GA 153 193 321 2 r DISCOUNT, Optional equipment-specify 2 20% 34%DWOUNT OFF 1930, 2032, 2, 3231, 3246,°3 OFF O I 45,. ;33 O 319 - 11 0 F ZAM40di P O N N fl S1 12051 DISCOUNT OFF LIST PRICK'ONALL GENIE j6VDSL4AND FAC7ORYOP77ONS 2 I Maintenance Plan—specify ' r Maintenance Plan—specify Warranity specify i specifyWarranty- # Page 377 of 473 8.A. PUBLIC HEARING 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 20-002 - FIRST READING -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. EXPLANATION OF REQUEST: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the FLUM amendment that changed the classification from DRI to Mixed Use Low(MXL). In a follow-up to this city-initiated action, the applicant submitted a request for rezoning of the mall from the current C-3 Community Commercial district to the SMU, Suburban Mixed Use district. It should be noted that the SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. The Planning & Development Board reviewed this request at its December 9th meeting and recommended it for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services FISCAL IMPACT: None at this time, but the future redevelopment of the Mall will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: Page 378 of 473 STRATEGIC PLAN APPLICATION: The subject item is located within an area subject to a planning study identified to be completed under Strategic Plan Project 2.6.1. Subject application represents a key component within the future Congress Avenue Corridor (Mall) District. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Boynton Mall Rezoning D Staff Report Staff report D Location Map EXHIBITAIL BB MALL Ownership D Location Map EXHIBITA2. BB MALLAerial D Location Map EXHIBIT B. BB MALL Current FLU D Location Map EXHIBIT C. BB MALL Current Zoning D Location Map EXHIBIT D. BB MALL Proposed Zoning Page 379 of 473 1 ORDINANCE NO. 20- 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 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 380 of 473 41 FEET TO A POINT, THENCE S.0°59'39"E., A DISTANCE OF 102.20 FEET TO A POINT; 42 THENCE S.44046'34"E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 43 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 44 N.89046'34"W.,ALONG SAID NORTHERLY LINE,A DISTANCE OF 1684.28 FEET TO THE 45 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 46 N.0°51'51"W.,ALONG SAID EASTERLY LINE,A DISTANCE OF 1228.05 FEET TO A POINT; 47 THENCE S.87058'2I"W.,A DISTANCE OF 20.01 FEET TO A POINT;THENCE N.0°51'51"W., 48 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87058'21'E.,A DISTANCE OF 55.65 49 FEET TO A POINT; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET TO A POINT; 50 THENCE N.0053'26"W.,A DISTANCE OF 362.94 FEET TO A POINT;THENCE N.32013'52"E., 51 A DISTANCE OF 315.12 FEET TO A POINT;THENCE N.000 1'27"E.,A DISTANCE OF 244.69 52 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 53 THENCE N.88005'26"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 54 1801.04 FEET TO A POINT; THENCE S.0059'39"E, A DISTANCE OF 472.86 FEET TO A 55 POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 56 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID 57 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46027'06'W., A 58 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 59 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 60 THENCE N.88005'26"E.,A DISTANCE OF 430.00 FEET TO A POINT;THENCE N.43032'54"E., 61 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 62 AVENUE;THENCE S.0059'39"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 170.01 63 FEET TO A POINT; THENCE N.46027'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 64 THENCE S.88005'26"W.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE S.0059'39"E., 65 A DISTANCE OF 230.00 FEET TO A POINT;THENCE N.88005'26"E.,A DISTANCE OF 340.00 66 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 67 THENCE S.88005'26"W,A DISTANCE OF 340.00 FEET TO A POINT;THENCE S.0059'3911E., 68 A DISTANCE OF 229.99 FEET TO A POINT;THENCE N.8800512611E.,A DISTANCE OF 608.00 69 FEET TO A POINT; THENCE N.4303215411E, A DISTANCE OF 57.02 FEET TO A POINT ON 70 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.005913911E, ALONG SAID 71 WESTERLY LINE,A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 72 OF BEGINNING. 73 74 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES,MORE OR LESS. 75 SUBJECT TO EASEMENTS,RESERVATIONS,AND/OR RIGHTS-OF-WAY OF RECORD. 76 77 78 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 79 accordingly. 80 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 81 Section 5. Should any section or provision of this Ordinance or any portion thereof be 82 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 83 remainder of this Ordinance. 84 Section 6. This ordinance shall become effective immediately upon passage. 85 FIRST READING this day of 2020. S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 381 of 473 86 SECOND, FINAL READING and PASSAGE this day of , 2020. 87 CITY OF BOYNTON BEACH, FLORIDA 88 YES NO 89 90 Mayor— Steven B. Grant 91 92 Vice Mayor—Justin Katz 93 94 Commissioner—Mack McCray 95 96 Commissioner—Christina L. Romelus 97 98 Commissioner—Ty Penserga 99 100 VOTE 101 ATTEST: 102 103 104 105 106 Crystal Gibson, MMC 107 City Clerk 108 109 110 111 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 382 of 473 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: November 25, 2019 PROJECT: Boynton Beach Mall Rezoning (REZN 19-001) REQUEST: Approve Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, Land Planner, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Future Land Use Mixed Use Low (MXL) (Exhibit "B") Current Zoning: C-3, Community Commercial (Exhibit "C") Proposed Zoning SMU, Suburban Mixed Use (Exhibit "D") Acreage: +/- 108.30 acres Page 383 of 473 Page 2 Boynton Beach Mall REZN 19-001 Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south,Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. THE SITE The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The mall currently includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. 2 Page 384 of 473 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 385 of 473 Page 4 Boynton Beach Mall REZN 19-001 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. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. 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 4 Page 386 of 473 Page 5 Boynton Beach Mall REZN 19-001 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 argued in staff's review for the FLUM amendment, the now approved MXL future land use is not contrary to the established land use pattern, nor did it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses consisting of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the MXL and the proposed SMU zoning district can hardly be considered "isolated"; moreover, the MXL and SMU designations extend over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL and its attendant SMU district will very likely be recommended for other areas of the Congress Avenue Corridor District—for example, MXL will eventually replace the DRI classification of Renaissance Commons, which already carries SMU zoning. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed SMU zoning district is intended to support a large mixed use project with uses complementary to those within the project as well as those in the surrounding areas. Interconnectivity is one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. For more information of the sustainability features proposed for the Master Plan, see the corresponding staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. 5 Page 387 of 473 Page 6 Boynton Beach Mall REZN 19-001 Trak. The traffic study has been submitted to the Palm Beach County Traffic Division. As underlined in the staff report for the Mall's FLUM amendment, the traffic impacts associated with the redevelopment of the propoperty are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. Gross Leasable Area (GLA). Traffic generation associated with the uses proposed by the Master Plan was subject to the equivalency analysis. Schools. The School Capacity Availability Determination application has been submitted. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale, which is reasonably related to the needs of the neighborhood and the City as a whole. The response to criterion "f' parallels the response provided in review for the FLUM amendment: the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties. See response to criterion "c." The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (The incoming site plans will implement the Master Plan's measures aimed at mitigating potential negative impacts of the development on the single-family neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the east side of Congress Avenue to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, 6 Page 388 of 473 Page 7 Boynton Beach Mall REZN 19-001 (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 389 of 473 Page 8 Boynton Beach Mall REZN 19-001 work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Not applicable- the proposed rezoning follows the approved FLUM amendment. 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. For the analysis of the Master Plan compliance with LDRs, see the corresponding staff report (MPMD 19-004). CONCLUSION/RECOMMENDATION The request under consideration consitutes the follow up to the city-initiated reclassification of the Mall to the Future Land Use of Mixed Use Low (MXL), approved on April 16, 2019. Given that the SMU district is the sole zoning district corresponding to the MXL classification in the subject location, staff recommends approval of the proposed rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\REZN 19-001 BB Mall Rezoning\BB Mall Rezoning REZN 19-001.docx g Page 390 of 473 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES I n t } i CHRIST ISTAR FELLOWSHIP r Boynton Beach Mall LLC 1 p� r DILLARDS Z MACYS REGIONAL ENTERPR. MOONRISEi oy o F- N LEGEND w E immin City boundary S Owners other than Boynton Mall LLC 062. 25 250 3I 500 Fq��t EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP J, E , v a Boynton Canal w.w @@ i R, U) k � f e e o- t 3 — tai � e r s � t �r � 1? 1� R r. Boynton Rd } ,o- N LEGEND w E mimm City boundary s 0 75150 300 450 600 ��t EXHIBIT B BOYNTON BEACH MALL FLU CLASSIFICATION a x , f IIf r Mixed Use Low (ML) t _ ' 1 LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) W E LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) Rint EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING - f'tf t it ............ y ;sr {rr a fir' k ! s r r�sn FF LEGEND: ZONING DISTRICTS PUD Planned Unit Development 0 C1 Office Professional N C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 r','h REC Recreation Rint EXHIBIT D BOYNTON BEACH MALL PROPOSED ZONING (g1 t r , - '# PROPOSED ZONING : SMU Sfirv �r � ' r }r SUBURBAN MIXED USE s � t t FF LEGEND: ZONING DISTRICTS PUD Planned Unit Development 0 C1 Office Professional N C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640 REC Recreation Rint 8.B. PUBLIC HEARING 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. EXPLANATION OF REQUEST: The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which permitted 1,108,000 square feet of gross leasable retail space. The mall has had several modifications to the site since 1982. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of"live, work and play" on the same site. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail/ Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: • Reduce the existing Mall building square footage dedicated to Retail/ Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail/ Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail/ Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the Page 396 of 473 site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: The subject property is located within, and would be a significant component to the Congress Avenue (Mall) District Plan. This is one of 4 city-wide district plans to potentially be completed as Strategic Plan projects. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Staff Report Staff Report Exhibit ExhibitA-1: Ownership Map Location Map ExhibitA-2: Location Map Letter Exhibit : Justification Statement Drawings Exhibit C: Project Plans Conditions of Approval Exhibit D: Conditions of Approval Development Carder Development Carder Page 397 of 473 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-034 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely Principal Planner DATE: December 3, 2019 PROJECT NAME/NO: Boynton Beach Mall (MPMD 19-004) REQUEST: Master Plan Modification for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. PROJECT DESCRIPTION Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (see Exhibit "A") Existing Land Use: Mixed Use Low (MXL) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C-3) Proposed Zoning: Suburban Mixed Use (SMU) Proposed Use: Master Plan Modification of the Boynton Beach Mall, transforming the enclosed mall space and out-buildings to a mixed use type of development encompassing retail space, office space, residential units, restaurants and entertainment uses, within several buildings Page 398 of 473 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 2 on the site. The application for Master Plan modification proposes a maximum of 1,420 residential units, 400 hotel rooms, and 1,024,000 square of non-residential uses, comprised approximately of 629,000 square feet of retail space, 123,000 of existing church use, 20,000 square feet of existing fitness center use, 80,000 square feet of existing movie theater use, 10,000 square feet of restaurant use, 65,000 square feet of medical office use , and 65,000 square feet of general office use. Also included is approximately 23 acres of open space, including approximately 7.3 acres of existing pine preserve. Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of-way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L-23 Canal right-of-way and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which Page 399 of 473 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 3 permitted 1,108,000 square feet of gross leasable retail space. In 1989, the Master Plan was amended to allow for an increase in gross leasable retail space from 1,108,000 to 1,244,449 square feet to accommodate the addition of the Sears store. In 2005, the Master Plan was amendmended to provide for a conversion of 169,510 square feet of the existing retail space (through the demoliton of the Macy's store, which relocated to the former Burdines' space on the south end of the Mall) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space. As a result, the overall square footage was reduced from 1,244,449 square feet to 1,154,439. In 2012, the Development of Regional Impact (DRI) development order expired. That same year, Christ Fellowship Church purchased one of the two Dillard's sites and began renovations to accommodate church services. In 2014, the Simon Property Group, the Mall's owner, spun off their lower-tier mall assets around the country, including the Boynton Beach property, to an entity known as the Washington Prime Group. Also in 2014, Texas Roadhouse Restaurant, a 7,420 square foot standalone restaurant building, was approved adjacent to the main Mall entrance drive off of Old Boynton Road. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of "live, work and play" on the same site. As these discussions were taking place, Washington Prime was then faced with the loss of the Sears anchor store, as a result of corporate closures around the country. Staff worked with Mall ownership to suggest a Land Use change to Mixed Use Low to foster the type of development envisioned for the site, and encouraged Washington Prime to begin working on a Master Plan that would not only stabilize it, but make it a desireable destination once again. The City Commission approved the Land Use change to Mixed Use earlier this year, after review by the State's Department of Economic Opportunity (DEO). Now that the new Land Use designation is in place, Washington Prime has brought forward a request to rezone the property to Suburban Mixed Use (SMU), along with the requisite Master Plan. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail / Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: Page 400 of 473 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 4 • Reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail / Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail / Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). • Phase 1: The northern portion of the site where the Sears buildings and parking lots will be removed. This phase is intend to be developed with a maximum of 400 dwelling units, with a maximum building height of 55 feet. • Phase 2: The portion of the site immediately south of Phase 1 and located between the northern end of the remainder of the mall, including Christ Fellowship Church and Cinemark Movie Theater. The mixed use building(s) would be constructed between the church and the theater, with residential units constructed above the new retail space, with a maximum height of 75 feet. • Phase 3: This portion of the site encompasses the southwest quadrant, south of Christ Fellowship Church and also includes the Pine Preserve Area along the northwest perimeter of the property. This phase is intended to be developed with a maximum of 300 dwelling units, with a maximum height of 55 feet, the Fire Substation, a restaurant outparcel, and approximately 3 acres of open space / park area. • Phase 4: This portion of the site is immediately south of Phase 2 and east of the JC Penney Department Store. This phase is intended to include two more mixed use structures with residential units constructed above the new retail space, with a maximum height of of 55 feet in one building and 75 feet in the other. This phase also includes a proposed 200 room hotel and approximately 2 acres of open space, as well as the "Mainstreet" infrastructure improvements. • Phase 5: The final portion of the site is the remainder of the south section of the mall site, fronting Old Boynton Road, and includes another mixed use structure with residential units constructed above the new retail space, another 200 room hotel, and the remainder of the commercial / restaurant outparcels to line Old Boynton Road, with a maximum height of 55 feet. • The proposed office uses could be constructed in any of the Mixed Use phases. Page 401 of 473 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 5 For comparison purposes, the Boynton Village & Town Center site to the east of the Mall, across Congress Avenue, is zoned a combination of SMU (Suburban Mixed Use), like that being proposed for the Mall site, and C-3 (Community Commercial). The site is 89.3 acres in size, compared to the 116.3 acre Mall site. Boynton Village & Town Center is approved for 1,115 dwelling units, resulting in a density of 12.5 dwelling units per acre, which is comparable to the 12.9 dwelling units per acre proposed by the Mall Master Plan submittal for 1,420 dwelling units. The Boynton Village & Town Center project was developed more in the style of horizontal mixed use, while the Master Plan for the Mall envisions more vertical mixed use for much of the new construction, especially at the center of the site, bordering the proposed "Mainstreet". "Mainstreet" acts as the direct vehicular connection from Congress Avenue to the site and includes an expanded amenity area along proposed buildings, street trees, and parallel parking. Pedestrian connectivity is proposed throughout the site and designed to link the site to both Congress Avenue and Old Boynton Road. Pedestrian paths are also proposed to allow access to and through the Pine Preserve. The building heights proposed are in compliance with the SMU zoning regulations and comparable to those constructed within the Boynton Village & Town Center project and Renaissance Commons development to the east, across Congress Avenue. Relative to the traffic circulation and vehicular trip generation associated with the proposed Master Plan design, two (2) new Mall entrances are proposed along the Old Boynton Road side of the property to better align with the proposed internal circulation pattern, while the westernmost existing driveway on Old Boynton Road will be eliminated. The applicant has submitted a traffic study for both County and City staff review. At time of preparation of this staff report, a traffic approval letter had not yet been received from the County. As such, the proposed development will be subject to any conditions contained in that letter. The traffic study submitted by the applicant indicates that, with the reduction in the amount of retail space, the overall daily traffic associated with the redevelopment of the Mall would decrease by 2,067 vehicular trips, from the existing 32,047 trips to 29,908. The AM Peak Hour vehicular trips however would increase from the current 945 trips to 1,414, an additional 469 trips, principally resulting from the addition of residential units to the site. The PM Peak Hour vehicular trips are projected to decrease by 611, from 2,977 trips to 2,366. The maximum square footage allowances depicted for the individual use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. The applicant, in their justification statement, notes that the rise of online shopping has drastically reduced the demand for in-store shopping and that "over a third of the mall's storefronts are vacant'. As noted previously, staff acknowledged the decline of many enclosed malls around the country and began a dialogue with Mall ownership to discuss the best methods to revitalize and redevelop the property. It was determined that the use of the City's mixed use zoning and regulations would likely bring the best results, as demonstrated by the successes that occurred with the Boynton Village & Town Center and Renaissance Commons projects. The applicant goes on further to say "Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City". Staff agrees that large scale mixed use developments, like the one proposed, reduce the number of vehicular trips needing to leave the site and encourages walking / biking from the place of residence to shopping, eating, entertainment, and recreation, thus reducing the carbon footprint associated with the site from vehicle emmissions. Page 402 of 473 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 6 RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\Staff Report MPMD 19- 004.doc Page 403 of 473 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES I n t } i CHRIST ISTAR FELLOWSHIP r Boynton Beach Mall LLC 1 p� r DILLARDS Z MACYS REGIONAL ENTERPR. MOONRISEi oy o F- N LEGEND w E immin City boundary S Owners other than Boynton Mall LLC 062. 25 250 375 500 Fqqet EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP J, E , v a Boynton Canal w.w @@ i R, U) k � f e e o- t 3 — tai � e r s � t �r � 1? 1� R r. Boynton Rd } ,o- N LEGEND w E mimm City boundary s 0 75150 300 450 600 Rpgt DUNAY Gary Dunay Ete Zachariades Bonnie Miske€ Matthew H.Scott row MISKEL Scott Backman Christina Bilenki Hope Calhoun Lauren G.Odom BACKMANLLP Dwayne Dickerson Zach Davis-Walker Boynton Beach Mall Statement of Use and Justification for Rezoning and Master Plan SUBMITTED: November 19, 2019 Boynton Beach Mall, LLC, Regional Enterprises, LLC, Christ Fellowship Church, Inc., Istar Florida 2015 Cinemas, LLC, and Macy's Florida Stores, LLC, (collectively referred to herein as "Petitioner"), own the+/- 116.35 acre Boynton Beach Mall ("Property"), which is generally located at the intersection of North Congress Avenue and Old Boynton Road within the City of Boynton Beach, Florida ("City").The Property is comprised of nine (9) parcels, identified by parcel control numbers 08-43-45-19-05-015-0010, 08-43- 45-19-05-017-0020, 08-43-45-19-05-018-0010, 08-43-45-19-05-015-0011, 08-43-45-19-00-000-1090, 08- 43-45-19-05-028-0010, 08-43-45-19-00-000-3020, 08-43-45-19-05-021-0010 and 08-43-45-19-05-034- 0010. A +/- 110.12 acre portion of the Property is developed for use as the Boynton Beach Mall ("Mall Property") and the remaining+/-6.23 acres is set aside for preservation of the existing pine forest ("Pine Preserve"). The Mall Property is designated MXL, Mixed Use Low, on the City's Future Land Use Map ("FLUM") and the Pine Preserve is designated R, Recreational, on the City's FLUM. The Mall Property is located within the City's C-3, Community Commercial, zoning district and the Pine Preserve is located within the City's REC, Recreation, zoning district.The Mall Property and Pine Preserve are identified in the aerial image below: MAP LEGEND Mall Property ai Pitta Proierve A 14 S.E.4th Street,Suite 36,Boca Baton, FL 33432 Tel:(561)405-3300 Fax:(561)409-2341 www.dmbblaw.corn Page 406 of 473 The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial/mixed use development located across North Congress Avenue to the east. The properties located to the northeast and south of the Property are also developed for commercial use,while the properties located to the west and northwest of the Property are developed as single family homes. DEMONSTRATION OF NEED Boynton Beach, a town of approximately 74,000 people, is a strong middle and upper income area with suburban growth areas to the west.The area's affluence is reflected in the existence of more than a dozen country clubs located within five (5) miles of the Property. The current use of the Property as an aging mall is in steady decline as it no longer meets the needs of the community and is slowly becoming a source of blight in the City. Two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities -a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. Redevelopment of the Property will revitalize a persistently declining center and allow the City to better meet the community's needs by satisfying demand for housing by providing high-quality compact housing opportunities and introducing a vibrant lifestyle center to the area for current and future residents to enjoy. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including +/- 1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/-20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats.The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years.The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping. This is evidenced in a significant decline in tenancy in recent years, with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2% and 2.5% during this period (Census Bureau's Population Estimates). The City has recognized that the Mall Property's current C-3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item #18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Page 2 of 9 Page 407 of 473 DEVELOPMENT PROPOSAL AND REQUEST In accordance with the City's vision for the Property, Petitioner proposes to redevelop the Property as a mixed-use development with residential and commercial use components ("Project") to meet the increased demand for compact, walkable communities and higher density living opportunities. Specifically, Petitioner seeks to reinvent the Property as a vibrant, mixed-use"live-work-play" community with ample amenities, a variety of active and passive open spaces distributed throughout, retail, dining, church, and entertainment offerings. In order to create a vibrant community, Petitioner respectfully requests approval for the following requests: Rezoning of the Mall Property from the C-3 zoning district to the SMU,Suburban Mixed Use,zoning district consistent with the Mall Property's MXL future land use designation ("Rezoning"), and Master Plan Approval for the Property to allow a mix of uses including a maximum of 1,420 multi-family residential dwelling units, a maximum of 400 hotel rooms, +/- 628,627 square feet of shopping center uses (including +/- 482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use,+/- 19,883 square feet of fitness center use,+/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/- 65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and+/-23.27 acres of Open Space("Master Plan"). Although the +/- 7.359 acre Pine Preserve is not included in the Rezoning request, the area is included within the Master Plan and is proposed to be made accessible for passive recreational opportunities in Phase 2 of the Project. DENSITY AND INTENSITY The Project includes development of a maximum of 1,420 multi-family residential dwelling units on +/- 110.12 acres for an overall density of approximately 13 dwelling units per acre. In addition, the Master Plan is designed to provide for a maximum of 400 hotel rooms,+/-628,627 square feet of shopping center uses (including +/-482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use, +/- 19,883 square feet of fitness center use, +/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/-65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and +/-23.27 acres of Open Space. VEHICULAR AND PEDESTRIAN CONNECTIVITY The existing development includes a sea of parking with a striking lack of pedestrian connectivity, landscaping, and active recreation areas that speaks to the age and outdated nature of the current development. The Project is designed to create a vibrant mixed-use environment with walkability as a core principle and features a pedestrian circulation network providing safe, efficient, and enjoyable pedestrian connections throughout the entire Property.The Project's design offers residents and visitors ample active and passive open spaces and continuous pedestrian access to the cultural and shopping amenities. The proposed Main Street axis and east-west pedestrian circulation system will offer greater Page 3 of 9 Page 408 of 473 connectivity and a walkable environment for the Project's residents and visitors alike, while at the same time maintaining the sense of privacy and security for the residents in the multi-family components of the Project that is necessary for a high quality of life. The Project proposes gateways to the community through the existing North Congress Avenue entries, which will provide a strong sense of place. In addition, the proposed Main Street section provides for ample pedestrian access, bicycle infrastructure, and pedestrian landscape features. Provision of east-west pedestrian connections in each north-south quadrant of the Mall Property will promote placemaking within the central Main Street area by providing for linear parks and offering users active open green space throughout community. In addition, the northern access pedestrian circulation plan along the multi-family residences provide a more urban yet park-like setting with the provision of an amenity area including a street tree area, wide sidewalks, and active use area that significantly exceeds the code requirements for an SMU development. In all, the Project provides proximity to amenities and services, as well as creating a needed sense of a vibrant, diverse community that offers a space for the area's diverse demographics to come together. BUILDING MASSING AND HEIGHT The Project is designed in compliance with the City's SMU zoning regulations and provides a maximum building height of 55 feet for the stand-alone residential and commercial components and a maximum building height of 75 feet for the proposed vertically integrated buildings. PHASING The Project proposes development in five (5) phases with development occurring first in the northern portion of the Property as is shown on Sheet MP-5. Phase 1 is located in the northernmost portion of the Property and comprises a multi-family residential component and northern access from Congress Avenue. This phase is anticipated to be developed within the next 24 to 36 months. Phase 2 includes the vertically integrated mixed uses surrounding the existing Theatre and central driveway connection to Congress Avenue. Phase 3 includes stand-alone residential and commercial uses, activation of the Pine Preserve for passive recreational use, and provision of a pedestrian connection along the west side of the Property from the northern portion of the Property to Old Boynton Road. Phase 4 includes a combination of existing and new commercial uses, hotel, vertically integrated mixed uses, and open space in the area south of Phase 2. Phase 5 includes the remaining commercial and open space uses in the southeast portion of the Property. As detailed above, Phase 1 is anticipated to begin upon approval of this Rezoning and Master Plan with a Site Plan anticipated to be submitted concurrent with this request. The ultimate development of the remaining phases will be guided by changes in market demands over the course of the coming decade. It is important to note that each of the phases includes a portion of the proposed open space components such that they are equitably distributed throughout the Property. REZONING AND MASTER PLAN CRITERIA In accordance with the Section III.2.II.2.D of the City's Code, Petitioner will demonstrate below that the Rezoning and Master Plan: a) is needed; b) is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans,and Land Development Regulations;c) is not contrary to the established land use pattern, nor would it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare; d) supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives with an emphasis on 1) complementary land Page 4 of 9 Page 409 of 473 uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties; e) does not exceed the availability of Public Services/Infrastructure; f) is compatible with the current and future use of adjacent and nearby properties, will not negatively affect the property values of adjacent and nearby properties and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole; g) furthers the implementation of the Economic Development(ED) Program, (2) contribute to the enhancement and diversification of the city's tax base, (3) respond to the current market demand or community needs or provide services or retail choices not locally available, (4) create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) represent innovative methods/technologies, especially those promoting sustainability, (6) be complementary to existing uses, thus fostering synergy effects, and (7) alleviate blight/economic obsolescence of the subject area; h) does not involve rezoning to a traditional zoning district and therefore is not subject to review for the conditions within this criterion for furthering the City's Economic Development Program; i) will not reduce the amount of land available for commercial development; j) no alternative sites are available elsewhere in the City in zoning districts that already allow the proposed use; and k)shall comply with the requirements of the SMU zoning district and the site development standards of Section 111.3.111.4.D. a. Demonstration of Need.Approval of the Rezoning Application is necessary in order to develop the Project. As described above, the Property is unique in size and nature as it is the location of a regional mall development. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including+/-1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/- 20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats. The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years. The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping.This is evidenced in a significant decline in tenancy in recent years,with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2%and 2.5%during this period (Census Bureau's Population Estimates). Concurrent with the decline of traditional mall development,two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities - a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. The City has recognized that the Mall Property's current C- 3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area.On April 16, 2019 the City Commission Page 5 of 9 Page 410 of 473 approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Approval of Petitioner's Rezoning and Master plan requests will provide a zoning district consistent with the Property's MXL future land use designation. Considering the foregoing, approval of the Rezoning and Master Plan application is necessary in order to develop the Project. b. Consistency. The proposed Rezoning is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. As described above, the City recently changed the Mall Property's FLUM designation from DRI to MXL. The existing C-3 zoning is inconsistent with the mixed-use intent of the MXL FLUM designation. The requested Rezoning is consistent with the intent of the new MXL future land use designation as it will allow for the redevelopment of the Property to become a vibrant, mixed-use community that will better meet the needs of the City's current and future residents. The proposed Rezoning promotes Policy 1.3.1 of the City's Future Land Use Element ("FLUE") by promoting compact development and safe and pedestrian-friendly streets. The Project is also designed to comply with the dimensional requirements in the City's Comprehensive Plan and Land Development Regulations with a maximum height of fifty-five feet(55')for perimeter buildings, a maximum height of seventy-five feet (75') for interior vertically integrated mixed use buildings, and a maximum residential density of twenty(20) dwelling units per acre for the Property subject to approval of the SMU rezoning application. In addition to the foregoing,the Project furthers the following Comprehensive Plan objectives and policies: FLUE Objective 1.7: The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Policy 1.7.2: The City shall encourage land assembly to promote large- scale redevelopment and infill projects. Policy 1.7.3: The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. FLUE Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2: The City shall discourage urban sprawl by: A) Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B) Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Page 6 of 9 Page 411 of 473 FLUE Objective 1.18: The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. c. Land Use Pattern.The proposed Rezoning is not contrary to the established land use pattern, nor will it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare. In addition to the compatible future land use designation, zoning and existing use of surrounding properties, the physical scale of the Project is complimentary to the established land use pattern. Specifically, The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single- family community to the west.The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. The Project's perimeters will include significant open space and landscape buffers that will provide sufficient transition to the lower-intensity residential communities surrounding the Property. The existing use of the Mall Property is less compatible with the proposed use, as it currently stands as a largely underutilized commercial center with a "sea of parking"surrounding the mall. Considering the foregoing,the proposed Project will better serve the area as a live-work-play lifestyle center offering surrounding residents with ample cultural and open space amenities. d. Sustainability. Approval of the proposed Rezoning and Master Plan supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives. In particular, approval of the Rezoning application promotes a mix of complementary land uses in the area, a smart growth principle that is a "critical component to achieving better places to live" according to the Smart Growth Network. As described above,the uses immediately surrounding the Property are primarily residential and commercial. Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City. In addition, the Project is designed to foster interconnectivity within the Project and between adjacent properties. The design of the Project also provides space for landscaping and a comprehensive pedestrian network throughout the community, and it will both satisfy demand for housing with the provision of efficient, high-quality and higher-density housing opportunities, and bring a vibrant lifestyle center to the area. Approval of the proposed Rezoning and Master Plan will allow for a complementary mix of uses that supports alternative modes of transportation and provides interconnectivity within the Project and between adjacent properties. e. Availability of Public Services/Infrastructure. Petitioner will ensure the provision of adequate public services and infrastructure necessary to support the Project through the Site Plan application process required in order to develop the Project. Page 7 of 9 Page 412 of 473 f. Compatibility.Approval of the proposed Rezoning and Master Plan is compatible with the current and future use of adjacent and nearby properties; will not negatively affect the property values of adjacent and nearby properties; and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. The Mall Property is located between the heavilytrafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. As discussed in sections (c) and (d) above, the proposed Rezoning is compatible with the current and future use of the adjacent residential and commercially used properties. The proposed Rezoning will not negatively affect surrounding property values; rather,the Smart Growth Network advises that"siting commercial areas close to residential areas can [actually] raise property values". Considering the foregoing, the proposed Rezoning and Master Plan is consistent and compatible with the surrounding area, will not affect surrounding property values and is of a scale that relates to the needs of the neighborhood and City as a whole. g. Direct Community Sustainability and Economic Development Benefits. The approval of the proposed Rezoning and Master Plan will further implementation of the Economic Development (ED) Program, (2) Contribute to the enhancement and diversification of the city's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) Represent innovative methods/technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects,and (7)Alleviate blight/economic obsolescence of the subject area.The proposed Project will promote the Economic Development Program by diversifying and reactivating the Mall Property as a strong commercial and community center for the City's residents. The Project proposes a mix of uses, including multifamily residential and a hotel component alongside +/- 1,023,843 square feet of non-residential uses. The existing mall use has +/-+/- 1,285,722 square feet of non-residential uses, 36.8 percent of which stands vacant. Redeveloping the mall as a mixed-use, live-work-play community with commercial uses integrated therein will better meet the needs of the City and reinvigorate the Mall Property's economic base.As such, the proposed Project will both enhance and diversify the city's tax base through new office, commercial, and residential uses,and in doing so will respond to the current market demand and community needs by providing new services, housing, and retail choices not otherwise locally available or captured by the existing mall use. Further,by reactivating the declining Mall Property with new commercial, office, and hotel uses, the Project will create new employment opportunities for the area's residents. Further, The Project will promote the use of innovative methods and technologies, specifically those contributing to sustainability through the development of a mixed-use community that drives efficient, new-urbanist lifestyle practices by providing a single place where users can enjoy a variety of services and amenities. In addition, by offering local residents a place for recreation,shopping, and leisure,as well as ample pedestrian circulation and open spaces,the Project will serve the community as a transition to the less intense residential communities to the Page 8 of 9 Page 413 of 473 west and northwest, and the commercial developments to the south and across North Congress Avenue to the east. As such,the Project will be complementary to existing surrounding uses and promote synergy effects throughout the area. Finally,an ailing mall in steady decline over the last decade,the redevelopment of the mall into a mixed-use community center will and alleviate the blight and economic obsolescence that the Mall Property currently faces, while better meeting the needs of the City's growing community. h. Economic Development Impact Determination for Conventional Zoning Districts. This criteria is applicable to applications requesting to rezone to a conventional zoning district only. Considering that the Rezoning Application seeks approval to rezone to an SMU planned zoning district, this criterion does not apply. That being said, the proposed Project will further the City's Economic Development Program by proving new housing opportunities and a mix of commercial uses. i. Commercial and Industrial Land Supply.Approval of the Rezoning and Master Plan will not reduce the net commercial land area in the City;rather,the proposed Rezoning and Master Plan will allow for the renewal of the existing Mall Property by revitalizing a persistently declining commercial center with a mix of both stand alone residential,commercial, hotel,theater, and church uses and vertically integrated mixes uses. The Project therefore increases the employment potential and valuation of the Property beyond what it provides in its current use. j. Alternative Sites. There are not sites available elsewhere in the City in zoning districts which already allow the desired use. As described above, the Mall Property is a unique property with no other like it in the City. The Mall Property is experiencing steady decline and no longer meets the community's needs. Petitioner wishes to revitalize the Property with uses that satisfy the demand and desires of the community, and the size of the Mall Property makes it most suitable for the scale of the proposed Project.Approval of the Rezoning and Master Plan will allow for the Project, which is only possible on the Property as there are no other existing sites of comparable size and suitability for redevelopment available in the City. k. Master Plan and Site Plan Compliance with Land Development Regulations.The Project complies with the site development standards of the Section 111.3.111.4.D. of the City's Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. Page 9 of 9 Page 414 of 473 CO co C) U) < Z Z < Z 0 LU 0 IL 2 < 0 N 0 0 0 z u)W 'WI Vo6 o'- tz LU 0, xN it Iflit, Al mHUMMu"'i .......... bNo"A mv,iv, va' ' Ile lk p Mw 4 1� ,, bil CO co Js CD 0 o< x z C) C) L) C) Ln oe Ow DO OO 0 0 8 0. z> 0 0 i�f�,�, 0 0 0 0 0 � mo_o --- --------- 7'(Nmiimmwmwmnmnmmmmw mmmme ir 7 R It o I PFF1 at ))j IN 701R� LN io i R II SI ug, it-J iWO oil! lot lit Id, -won I Sr� a CO o� z o - a m U N o Iz= o No 3aV3`JNI(IIIna haz oNogp °�, I Q zz +'¢ LU r +w Ww m NooW WYZN. �I f v w z W r z w QYN a a woo�� ffi ¢a w U) F W r W Wry z LU — g z Q tzQ 3OVd ONlalln9 9NIISIX3 \ a Z 30V3`JNlalln8 W 2 H O F¢ U) 4zw owe N<Q co +o QYfn lic ¢a w 30V=l ONlalln9 Z ¢ O w m � w w z z� "a oww ' s „ m O ww U Nw� �UFW J C Z N W S 0 0 LU o sis I a a - o J z0 Q d o Z W N`c¢ �?-t 2 o -. F +I W 30V3 9NIalln8 30V3`JNlalln8 - fit---- W w 3�t� 0 0 `�� z,0; W oil t15,11coz opt 41 pry I ;My [11 Rosily Mi ,J JlI In MEMO 1pn . .......... gap, MW IF CO 0 co 0 ro To 0 73 2 1. -Qm 55 6. 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U) W 47 Lu LLI LU L� O U) F- < E w Q - > Z LL. 2 .2 E < 5 WJ) 2 Q 2Z 0 1 7 75 Cl) w �6 EL 2 w 2 & E 2 5 6J U) 2 U) LLI F- CD Z - 0 . z X �6 z - T- 71 LU 0 LLJ 0 C) Z) E LLJ 31; -a CL > -0 )- :E 2 U) E (D -a- U) & .2 .2 P: 0 .2 2 47 x > C) o Ui < 0 L) R < Lij F- > 0 L) 2 Z 5 2 LL D, CL Ero ro U) 5; z 55 R (D (D (D (D ro p 8 ro tiiw z't Z ro m:�2 LU 7roD > 0 M A). a C,3 z 06 D <C jz 0- C) O co N CD z < LU S R 13 .6 C) Z Z LU LU [if 0 C- z ro ro Z) IN Z<C u U)� cu xm zo .0 cu 0 Q) I - C) -�2 -a-T _Ql� Q) Q) Z (D alto Q, co Q) C, mIn Q R, CL + LL LLJ C0 w C) w U) 0- U) ro D LU co LU 77, z C, o)—s Ei m 2 Z -0 < (ri ca U) w 12 N > 8) C)-mi w a_ LU 0- Ir z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 421 of 473 Boynton Beach Mall (MPMD 19-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. The maximum square footage allowances depicted for the individual X use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. 4. The Plant Palette depicted on Sheet MP-6 is representative and not X comprehensive, and may be altered as a result of further staff review and comment as individual projects are reviewed. 5. Parking details will be reviewed within the individual phase approvals X and as part of any Shared Parking Study submitted in the future. 6. An update to the Master Sign Program for the Mall will be required X before any permanent sign permits are issued. 7. Further Departmental reviews and comments will be provided during X the analysis of site plan submittals associated with each phase. 8. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\MPMD 19-004 COA.doc Page 422 of 473 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall (MPMD 19-004) APPLICANT: Bonnie Miskel, Esq., Dunay, Miskel and Bachman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2020 APPROVAL SOUGHT: Request for Master Plan Modification for the Boynton Beach Mall consisting of retail, residential, hotel, restaurant and office uses in conjunction with existing church, fitness center and movie theater uses, in the SMU (Suburban Mixed Use) zoning district. LOCATION OF PROPERTY: 801 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004\DO.doc Page 423 of 473 8.C. PUBLIC HEARING 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 20-001 - SECOND READING - Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant: City-initiated. EXPLANATION OF REQUEST: The present version of the Workforce Housing ordinance was approved on September 19, 2017, a result of a conversion of the former mandatory inclusionary zoning program into a voluntary density and height bonus program. Neither has ever been utilized. It is staff's opinion that, given the high level of development activity in the city, the proposed revisions are likely to stimulate the private sector's interest in the density bonus offered in exchange for participation in the program. Currently, the limited interest stems partly from its restricted geographic applicability: only projects located in the Downtown Transit-Oriented Development District (DTODD) can participate in the program. The key proposed change expands applicability city-wide: projects with Mixed Use High, Medium, and Low as well as Special High Density future land use classifications would be eligible in all areas where such classifications are allowed. Moreover, the program would now offer density bonus—also city-wide— to developments implementing affordable housing programs with 100% affordable units, in all future land use classifications except Low Density Residential. Other proposed revisions include: • Changing the source of income data for income eligibility determination, from the Boynton Beach Median Household Income from the American Community Survey to the Area Median Income (AMI) for the Palm Beach County as provided annually by the Department of Housing and Urban Development. The latter is commonly used in most housing programs. • Increasing the fee-in lieu amounts for both for-sale and for rent units. The higher fees are intended to encourage construction of units. To further incentivize construction, the amendment proposes to increase the percentage of set-aside units designated to be workforce housing as a base for in-lieu fee if the payment option is selected. The proposed revisions constitute a first step in the work plan of the staff's Housing Work Group. The longer- term approach is a comprehensive review of the Land Development Regulations that could potentially support attainable housing. Such regulations will include minimum lot sizes and non-conforming lots, minimum living area, accessory dwelling units, and parking requirements. The Planning & Development Board reviewed this request at its December 9th meeting and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: Potential increase of the future tax base Page 424 of 473 ALTERNATIVES: No alternative recommendations STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: The request is consistent with the Project 2.7 (Housing Resource I mprovement Strategies) and Project 2.12 (Attainable Housing Development, Regulations) in the Strategic Plan. CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Draft Climate Action Plan, Greenhouse Gas Emissions Reduction Strategies: Community Emissions: Transportation & Land Use C-1.1: Compact and Mixed Use Development Increasing density lowers greenhouse gas emissions from the transportation sector. Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Workforce Housing Program D Staff Report Staff Report D Exhibit EXHIBITA. Definitions D Exhibit EXHIBITIB. Proposed Revisions to LDR Page 425 of 473 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 5 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 1, ARTICLE 6 V. "HOUSING INITIATIVES", SECTION 2, "WORKFORCE 7 HOUSING PROGRAMS"; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the Workforce Housing Program was most recently revised on I September 19, 2017 as a result of a conversion of the former mandatory inclusionary zoning 12 program into a voluntary density and height bonus program; and 13 WHEREAS, since neither has ever been utilized, staff is of the opinion that the 14 proposed revisions will likely stimulate private sector's interest in the density bonus offered 15 in exchange for participation in the program; and 16 WHEREAS, the current limited interest stems partly from its restricted geographical 17 applicability as only projects located in the Downtown Transit-Oriented Development District 18 can participate in the program and the key proposed change herein expands applicability city- 19 wide; and 20 WHEREAS, the City Commission has considered the recommendations and has 21 determined and finds that it is in the best interest of the citizens and residents of the City of 22 Boynton Beach, Florida to approve the amendments to the Land Development Regulations 23 Workforce Housing Program as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. The Land Development Regulations of the City of Boynton Beach Page 426 of 473 29 Code of Ordinances, Chapter 1, Article 11, Definitions is hereby amended as follows: 30 Chapter 1, Article 11, Definitions. 31 DEED RESTRICTION — E-ac4AII for sale workforce housing units created under the 32 Workforce HouseinQLpErogram shall be deed restricted for fifteen (15) years-., recurring. All 33 rental workforce units created under the program shall be deed restricted for fifteen(15)years, 34 non-recurring, The deed restriction shall be recorded and serve to restrict the sales or rental 35 price and/or the income of the purchaser or renter. 36 37 ELIGIBLE OCCUPANT - Relative to the wWorkforce I+Housing pErogram contained in 38 these Regulations, it is a person who "ali-114'es "'OF pff-. .HefPa+,ie*rneets income requirements of 39 iiithe program. 14 40 hettSeheld ineeffie 1-F -,e of Beyn+,en Beae- Priority will be given to persons who have 41 lived or worked within the city limits of Boynton Beach continually for one (1) year 42 immediately prior to the date of application for a workforce housing unit. 43 44 LOW INCOME HOUSEHOLD -Under the wWorkforce I+Housing pErogram provisions 45 of these regulations, it is a household with a gross, combined income bel-owbetween sixty 46 percent(60%) and eighty percent(80%) of the of Boynton Beaeh ffie 47 i*een+eArea Median Income (AMI) for Palm Beach County, published annually by the 48 Department of Housing and Urban Development(HUD). 49 50 MODERATE INCOME HOUSEHOLD - Under the wWorkforce 41-jousing pErogram 51 provisions of these regulations, it is a household with a gross, combined income between 52 eighty percent(80%) and one hundred twenty percent(120%) of the 1--i4y of Boynton Beaeh 53 ff+edi,fffl heuseheld Area Median Income (AMI) for Palm Beach County, published 54 annually by the Department of Housing and Urban Development(HUD). 55 RESTRICTIVE COVENANT AND AGREEMENT-The covenants that govern the initial 56 sale and rental and subsequent resale and releasing of workforce housing units created under 57 the wWorkforce 41-Iousing pErogram. The term of the restrictive covenant and agreement is 58 fifteen(15)years,recurring, for sale units and fifteen(15)years for rental units non-recurring. 59 Section 3. The Land Development Regulations of the City of Boynton Beach 60 Code of Ordinances, Chapter 1,Article V, Section 2,"Workforce Housing Program" is hereby 61 amended as follows: 62 ARTICLE V. HOUSING INITIATIVES 63 64 Sec. 2. Workforce Housing Program. 65 66 Page 427 of 473 67 A. Findings. 68 —liousiq sizes t"at t" ere is ------------------------------------ 69 Ll_L 'between hoLi�jml� �!Lglyi o -DISJOA? g�g lis tti e c J t v 70 E------------------I- TJ 71 1. Housing The Gi4y Commission ha-,�`flg eon-Wet H.0,11 72 73 f A++ _aekineat,A) lias det,effflifle-+,a+new ho..., 1, f:efl+s af:e not 74 +_ +I,- a Wof-kiing e*5 4,4e," 75 76 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may 77 adopt and maintain any ordinance that is adopted for the purpose of increasing 78 the supply of workforce housing using land use mechanisms not withstanding 79 80 any other provision of law; 81 3. Housing Gost.11.11.1age fl-ap- Ir-e 04Y Commission f:e6oginzes +-,,a+,+-"ef:e is 82 a gFewnig 9"F 's an-wages in flies ei+Y7, 83 84 34. Public Interest. The City of Boynton Beach has a legitimate public 85 interest in preserving the character and quality of neighborhoods that require 86 assuring the availability of workforce housing for low and moderate income 87 persons in the city; 88 89 Sense of Community. The city recognizes that the need to provide 90 workforce housing is critical to maintaining a diversified and sustainable city 91 having the character and sense of community where people can live and work in 92 the same area; and 93 94 56. Housing Availability. The city is encouraging the production and 95 availability of workforce housing and at the same time is cognizant that 96 escalating land costs and rapidly diminishing amounts of land hinder the 978 provision of sufficient workforce dwelling units by the private sector. 9 99 B. Applicability. The program is voluntary. Developers who choose to 100 participate may be awarded incentives outlined further in this article. The 101 following regulations shall apply effl-y-to development applications for projects -1 V_ 102 elig.- e f:Hhe pewntewft Tr-an-Si4_01fiente De 103 Dist fiet's kDT--OT .1 density in f:ease of enty five pefee— (215:0/40 with an-ttie fol I owi n g underlying future land use 104 _c,�ite�.1c2ri e,--*e-deffs4y in Y 105 exeess o4fieefi aefe. 106 107 L ±�_ ects�Nv&l Mixed L,,,;e 11i01'_! M_i_xed Use Medlul,n _Mlxed Use L.,ow and 108 SDedal Ifi1 H�1_�)e�nsity_future land use classifications are eligitfle forttie pmgram ------------------------------------------------------------- -------------------------------- -------- 109 citvwide in areas where such classifications are allowed, 110 2, �si, _11jLggEL 'ttl 100% affordab I e units are el i i i i i ions q.1te-S tvw'-d-e n__a-ill__fu-ture__I a-n-d__u-s-e c-I-ass fi c-at---------- 112 j�,xcepj _2,�LQensitvResidential, J,f 113 114 115 C. Provisions. The developer may elect to obtain highef: de+ a, 116 'y F through the S 250//.a density bonus and/or a height bonus Page 428 of 473 117 construction of the workforce units on-site or off-site, monetary 118 contribution, donation of land or purchase of units to be designated as 129 workforce, subject to the limits and requirements of this article. 121 122 123 L Construction of workforce 124 units on-site: 125 126 1. Tobe eligible for the requested 127 (2)-density bonus through the construction of workforce units on-site, the 128 129 developer must incorporate such units into the development as follows: 130 a. Projects located w't'I'dn the Downtown Transit Oriented Devel%)- s_t 131 Qist i(,t �FYFQf)fY}usingtfie density bonus of up to _5% alone or in 132 conjunction with the height bonus of one (1) additional story (up to a maximum 133 of 12 feet) shall designate a minimum of en-fiftcen percent(185%) of the total 134 proposed units as workforce housing units. 135 136 b. Projects located wztfun tie DI ODD in tfie LBo _LD 137 Ove lav with the Mixed Use Medium or Mixed Use High future land use 138 classifications may use the cicnsit a tL 1__I rwitti tfie heir ht 139 bonus or the height bonus alone; tlie lint bonus can include two(2)additional 140 stories (up to a maximum of 24 feet), and s1hall --fily ble rfod f8 p e^�s-loe tee 141 i rug e t4s ii4�zno tfie m�i'!ci`�I�i'llim 142i r iit ��o ill designate' i sig urn of twenty percent (20%) of the total 144 proposed units as workforce housing units. 145 �;. i� c ,t4; log pit cl o it4;icl off 'l f f with iii rse Medium, Mixed l is e 146 Low o StIcoiW 147 hili Dens't�f Res' lcntial future land use class'f cations are cli€ "ble_ for a den its 148 'bonuL i'o � t m 149 25%, �lich p _Ljg�t4 �lcill C� I€r Scit� ci LUl SltnlTm of' ��n�€I6 �Dt 150 3ICiC4 C1.TSIt ci workforce hL)uIq4:71TI�I� ��IC �PtI€ C� t�ll� ��lCI �ilCl� ci6l€ cII -- 151 also glia_ o��c } 152 feet), 153 154 cl. � o of wit i / f'fo ci [�1 a it o t ici of't ie D"ODD witti Medium o 155 1�i€1 f sSity _______ ______ 156 Residential future land use classifications are eli€�iifor a dcn-si �f i.)ones 157 �i f'li s) to25%. __ __ __ ____ __ _ _�le t 158 159 es. Eligible land use classifications and zoning districts (Table 1-2). 160 161 Land Use Zoning Classification Districts Medium f ensitv Residential* R-2, R-3 and M D i1iLli ��ens'� f 1��4,zcl��tial � 113[D and M D Page 429 of 473 5,) Ja 'I -----1_1Jj�.q__QensJtv lZesidential 113[iD and M Mixed Use Low MU-land SM[i Mixed Use Medium MU-2 and MU-3 Mixed Use High MU-4 and MU-Core 162Ann I ilc-,,il-1-c-LIIL--i<2-1,2lig ;itl7-1(3(3 i,af`f<>r t 1 N tit it 163 164 165 166 2. Household(Income)Type. Twenty-five percent(25%)of the total required 167 workforce housing units shall be set aside for low-income households. Seventy- 168 five percent(75%) of the total required workforce housing units shall be set aside 169 for moderate-income households. 170 171 3. Fractions. If the number of workforce housing units results in a fractional 172 remainder greater than one-half(0.50), the number shall be rounded up. If the 173 required number of workforce housing units results in a fractional number less than 174 one-half(0.50), the number shall be rounded down. 175 176 4. Number of Units. The workforce housing units provided shall have the 177 same percentage of unit types as market rate units within the development. The 178 unit types include the category of structure (single-family detached and attached, 179 multifamily), for rent versus for sale units, and the number of bedrooms. Relief 180 from this provision may be granted if the intended purpose is to address particular 182 181 needs of the community, substantiated by the provided data/analysis. 183 5. Staff Approval. At the time of application for land use amendment and 184 rezoning, the project must be reviewed and signed off by the Community 185 Improvement Division of the city as part of the site plan approval process for 186 compliance with affordability guidelines and number of units qualifying as 187 workforce. 188 189 6. Site Plan. The site plan shall clearly identify the location of workforce 190 housing 191 units. Additionally, tabular data must be included on the site plan showing the 192 address or unit number, total number of units, number of bedrooms of workforce 193 housing units and the targeted income levels. This shall be included with the 194 market rate data. 195 196 7 Sale Restrictions. Workforce housing units shall be regulated in terms of: 197 1998 a. Initial sales price or rent levels; and 19 200 b. Subsequent resale prices or leasing rates. 201 202 c. If compliance with a land development standard would preclude 203 construction of a residential or mixed use development in which workforce housing 204 units are included, pursuant to this chapter, the applicant may submit a proposal for 205 waiver or reduction of the development standard. The applicant shall show that the Page 430 of 473 206 waiver or reduction of the development standard is necessary to make the 207 workforce housing units economically feasible and that such a waiver will not 209 compromise any of the city's life or safety standards. 210 8. Recording the Restrictive Covenant. Prior to the issuance of any 211 building permit, the restrictive covenant and agreement shall be recorded in the 212 public records of Palm Beach County. The term of the restrictive covenant shall 213 be fifteen (15)years ccuin . A copy of the recorded covenant and 214 agreement shall be provided to the city prior to the issuance of the building 215 permit. 217 IL In-Lieu and off-site options. The -following options in ore8fis aetion af 210 6f:k1r_—f:ee ait ars n t < l be base 61s the rs wsl-ef:of ii 'fn as rs eat 219 C an AO.T.1a ave. 220 221 1. 1`C �;�iiitctcr �i4;ttii�tz�Ltilvot141otciiszt4; tii �� t �i� iiszth 1�itvz� 222 ttie_m inent_mzn- lieu can lie collected shall increase trot ten IgE DI_(ll�a fffteen 223 erce—stm( �/ol a sci t st j 1� st (1 /0 �zm4, z smc zmm�zt cmzms 4, mtzmcm�_s4, C I � C 1 I �z .............I,., c-.-mmmm .,.,.,.,.,.,.,.;1 224 asci C'.1.1.1:) r!L;pect1ve1 j to fifteenn1��_�smt (l ��/off, twent NLE 01st�,ll��/o�.��n 225 twe t j z st 1 /0l c�'tl Ictal i c c4,�Lcm lszt4; 226 __ m_ 227 228 J. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below 229 shall accrue 230 to the Boynton Beach Housing Trust to be utilized to subsidize the creation of 231 workforce housing within the city. In-lieu of fees shall be paid in full prior to the 232 issuance of building permit. 233 234 Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit $39, S81986 For rent units _-S-3620.Q 1 235 Note:Payment-in-lieu amounts shall be revised every two (2)years,based on(i)median single- 236 family home sale 237 price for Palm Beach County provided by Realtors'Association of the Palm Beaches,and(ii) 238 average monthly apartment rent for the Boynton Beach market provided by Reinhold P.Wolff 239 Economic Research,Inc. 240 241 3-2. Donation of Land. The value of the land shall equal or exceed the total 242 "in-lieu of fee for all workforce units or shall be of sufficient size to develop the 243 same number of units. The value of the donated land must be verified by a MAI 244 appraisal no more than three (3) months old. The appraisal shall be obtained by 245 developer at developer's cost to verify the value of donated land. The land shall 246 be deeded to the city prior to the issuance of a final certificate of occupancy for 248 the development. 249 J4. Off Site Construction The workforce housing units may be built off-site, 250c zmciecmtmmf aconstructed within t C ztj Izzt4. All off-site workforce housing Page 431 of 473 252 units shall comply with all sections of these Regulations. 253 54. Purchase Market Rate Units. Purchase an equivalent number of existing 254 market rate units to be deeded to the city or sold to eligible households. Such units 255 shall be deed restricted to comply with the Workforce Housing Ordinance. The 256 developer may retain the title to off-site units subject to recordation of a city 257 258 approved deed restriction. 259 D. The following requirements shall apply to built or purchased 260 workforce units: L Rental Housing Units. 261 1. Recording of the Restrictive Covenant. A restrictive covenant shall be 262 recorded in the public records specifying the income level served, rent levels, 263 reporting requirement and all restrictions applicable to the workforce housing 264 units. All leases on workforce housing units shall contain language incorporating 265 the restrictive covenant applicable to the workforce housing units and shall 266 reference the recorded restrictive covenant. The restrictive covenant shall remain 268 in force for fifteen (15) years. 2690 2. Rental Rates. 271 a. Units targeted to low income households ateighty 272 percent(80%) oi'ti'ie Alti1 273 shall not have rental rates that exceed one hundred percent(100%) of the HUD 274 determined fair market rent for the area. 275 276 b. Units targeted to moderate income households at eighty percent 277 (80%)to the one hundred twenty percent(120%) of ttic Alti �-`1* "J 278 shall not exceed one hundred 279 percent(100%) of the HUD determined fair market rent for the area. 280 281 282 3. Tenant Income Qualification. Tenant income qualification records shall 283 be maintained on-site and a yearly report shall be forwarded to the Community 284 Improvement Division of the City of Boynton Beach for compliance 285 determination. 286 28877 IL For-Sale Housing Units. 289 1. Restrictive Covenant. All deeds shall include the restrictive covenant 290 applicable to workforce housing units. All sales contracts shall state that the unit 291 is part of a workforce housing program and subject to the Land Development 292 Regulations of the city. The restrictive covenant shall remain in force for fifteen 293 (15) years, ccuig�. The form of deed for workforce housing units shall be 2295 approved by the City Attorney. 296 2. Resale. The restrictive covenants shall state that during the affordability 297 term, the resale of a workforce housing unit shall be subject to the following 2298 resale requirements. 300 a. All workforce housing unit owners shall notify the city immediately that 301 the unit is for sale. The city shall have first right of refusal to purchase the unit. Page 432 of 473 302 Upon receipt of notice that a valid offer has been made on the unit, the city shall 304 have fifteen (15) days to invoke its right of refusal to purchase the units. 305 b. All workforce housing units are to be resold only to low or moderate 306 income qualified households at an attainable housing cost for each targeted 308 income range. 309 3. Required Occupancy. Purchasers of workforce housing units shall be 310 required to occupy the unit. 312 4. Closing Costs. No charges or fees shall be imposed by the seller on the 313 purchaser of a workforce housing unit which is in addition to or more than charges 314 imposed upon purchasers of market rate units, except for administrative fees 315 charged by the city/CRA, or their designee. 317 5. Sales Price Calculations. Sales prices for workforce housing units will be 318 calculated on the basis of: 319 320 a. An available fixed-rate thirty (30)-year mortgage, consistent with a 321 "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance 322 Authority. A lower rate may be used in calculating workforce housing prices if the 323 developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at 324 this lower rate for all workforce housing units required for the covered project; 326 b. A down payment of no more than ten percent(10%) (including any 327 down payment assistance provided by SHIP or other sources) of the purchase 329 price; 330 c. A calculation of property taxes; and 331 332 d. A calculation of homeowner insurance, mortgage insurance, 333 homeowner association fees,property management fees and other closing costs. 334 335 6. Compliance. Prior to request for final certificate of occupancy for the 336 development, the developer shall provide to the city's Community Improvement 337 Department, or designee, documentation sufficient to demonstrate compliance 338 with the workforce housing program. Such documentation shall include but is not 339 limited to information regarding the identity and income qualification 340 documentation for all occupants of the workforce housing units,proof of 341 recordation of restrictive covenant in approved form. 342 343 7. Resale Requirements. To maintain the availability of workforce housing 344 units which may be constructed or substantially rehabilitated pursuant to the 345 requirements of this program, the following resale conditions shall be imposed on 346 the workforce housing units and included in the deed and restrictive covenant 347 348 recorded in the Public Records of Palm Beach County: 349 a. Location of Units. All workforce housing units constructed or substantially 350 rehabilitated under this program shall be situated within the development so as not 351 to be in less desirable locations than market-rate units in the development and 352 shall, on average, be no less accessible to public amenities, such as open space, as 353 the market-rate units. 354 Page 433 of 473 355 b Integration. Workforce housing units within a development shall be 356 integrated with the rest of the development and shall be compatible in exterior 357 design and appearance, construction, and contain comparable HV/AC systems as 358 market rate units. 359 360 c. Construction Phasing. The construction schedule for workforce housing 361 units shall be consistent with or precede the construction of market rate units. 362 All workforce housing units must be deeded to the City, deed-restricted, or 363 receive a certificate of occupancy prior to issuance of more than eighty percent 364 (80%) of the certificate of occupancies in the subject development. 365 d. Lot Premiums. There shall be no lot premiums charged on the workforce 366 housing units. e. Sales Price. All required workforce housing units shall be 367 offered for sale or rent at an 369 attainable housing cost for each of the targeted income ranges. 370 f. City Approval. The city, its successors and assigns may enforce the 371 covenants. No amendments to the restrictive covenant shall be made unless by 372 written instrument approved by the city. 373 375 E. Monitoring and Compliance. 376 1. Qualified Buyers. Final approval conditions: Final conditions of approval 377 shall specify that the workforce housing units are sold to buyers whose income 378 does not exceed one hundred twenty percent(120%) of the Boynt,an BeaC 379 w edi,a,, hetisehell 'nee e AML The conditions will also specify the 380 requirements for reporting to the city's Community Improvement Division on 381 buyer eligibility, housing prices, as well as any applicable requirement to record 382 the restrictive covenant or to enforce resale restrictions. 383 384 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article 385 III, Section 6, Land Development Regulations, in the amount of one hundred ten 386 percent(110%) of the developers' obligation for workforce housing provision 387 according to this section. The city shall, at all times, have the authority to draw 388 upon the surety to enforce the provisions of this article should the applicant be in 399 default of these requirements, 391 3. Enforcement. The city may enforce the requirements of the Workforce 392 Housing Ordinance through any cause of action available at law or equity, 393 including but not limited to seeking specific performance, injunctive relief, 394 rescission of any unauthorized sale or lease, during the term of the restrictive 395 covenant. 397 4. Annual Report. The Community Improvement Department shall submit an 398 annual report to the City Commissioners indicating the status of the Workforce 399 Housing Ordinance, including but not limited to the revenues accrued to the 400 Housing Trust Fund, the number of units created, leased and sold. Page 434 of 473 401 402 Section 4. Each and every other provision of the Land Development Regulations 403 not herein specifically amended, shall remain in full force and effect as originally adopted. 404 Section 5. All laws and ordinances applying to the City of Boynton Beach in 405 conflict with any provisions of this ordinance are hereby repealed. 406 Section 6. Should any section or provision of this Ordinance or any portion 407 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 408 affect the remainder of this Ordinance. 409 Section 7. Authority is hereby given to codify this Ordinance. 410 Section 8. This Ordinance shall become effective immediately. 411 FIRST READING this day of , 2019. 412 SECOND, FINAL READING AND PASSAGE this day of , 2020. 413 414 CITY OF BOYNTON BEACH, FLORIDA 415 416 YES NO 417 418 Mayor— Steven B. Grant 419 420 Vice Mayor—Justin Katz 421 422 Commissioner—Mack McCray 423 424 Commissioner—Christina L. Romelus 425 426 Commissioner—Ty Penserga 427 428 429 VOTE 43o ATTEST: 431 432 433 Crystal Gibson, MMC 434 City Clerk 435 436 (Corporate Seal) -10- S:ACA\Ordinances\LDR Changes\Workforce Housing Program(2019)(CDRV 19-008)-Ordinance.docx Page 435 of 473 DEPARTMENT OF DEVELOPMENT 1 PLANNING AND ZONING Memorandum PZ 19-033 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: December 9, 2019 RE: Approve revisions to the Workforce Housing Program (CDRV 19-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1. General Administration, Article II. Definitions, and Article V. Housing Initiatives, Section 2. Workforce Housing Program. Applicant- City-initiated. EXPLANATION The present version of the Workforce Housing ordinance was approved on September 19, 2017, a result of a conversion of the former mandatory inclusionary zoning program into a voluntary density and height bonus program. Neither has ever been utilized. It is staff's opinion that, given the high level of development activity in the city, the proposed revisions are likely to stimulate the private sector's interest in the density bonus offered in exchange for participation in the program. Currently, the limited interest stems partly from its restricted geographic applicability- only projects located in the Downtown Transit-Oriented Development District (DTODD) can participate in the program. The key proposed change expands applicability city-wide. projects with Mixed Use High, Medium, and Low as well as Special High Density future land use classifications would be eligible in all areas where such classifications are allowed. Moreover, the program would now offer density bonus—also city-wide—to developments implementing affordable housing programs with 100% affordable units, in all future land use classifications except Low Density Residential. Other proposed revisions include- • Changing the source of income data for income eligibility determination, from the Boynton Beach Median Household Income from the American Community Survey to the Area Median Income (AMI) for the Palm Beach County as provided annually by the Department of Housing and Urban Development. The latter is commonly used in most housing programs. Page 436 of 473 WH Update (CDRV 19-008) Memo PZ No.19-033 • Increasing the fee-in lieu amounts for both for-sale and for rent units. The higher fees are intended to encourage construction of units. To further incentivize construction, the amendment proposes to increase the percentage of set-aside units designated to be workforce housing as a base for in-lieu fee if the payment option is selected. The proposed revisions constitute a first step in the work plan of the staff's Housing Work Group. The longer-term approach is a comprehensive review of the Land Development Regulations that could potentially support attainable housing. Such regulations will include minimum lot sizes and non-conforming lots, minimum living area, accessory dwelling units, and parking requirements. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to increase the development community's interest in participation in the Workforce Housing Program. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 19-008 WHP Update\CDRV 19-008 WH Program Update Staff Report.docx -2 - Page 437 of 473 DEED RESTRICTION -E4Gh-All for sale workforce housing units created under the Workforce Housi E, Hou hq_q_-pErogram shall be deed restricted for fifteen (15) years-.. recurring. All rental workforce units created under the DLU) ,fg!E _a��gl-l--be...d-eed--re-qtr icte-d--for-fiftee-n. L'1 , - �'- ears�non�-recur�rin . The deed restriction shall be recorded and serve to restrict the sales or rental price and/or the income of the purchaser or renter. ELIGIBLE OCCUPANT - Relative to the \A`workforce H4ousing a-program contained in ni in c frr these Regulations, it is a person who me .1. meets inco Leguirements of the program. -1—se -,,^--,4 „n® k,.-A—4 PeFG Rt 11 Or)O/-N rf ryinAinn hr,..-s FirdA ir-i,-rrqe fop the ( ;ty of eyRten- ..Priority will Y be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (1) year immediately prior to the date of application for a workforce housing unit. LOW INCOME HOUSEHOLD - Under the Wworkforce H4ousing aerogram provisions of these regulations, it is a household with a gross, combined income between six ,/ p 2,Lgf,], 1j6 0 \ a percent (80%) of the Gity -.1 Be /o ,i dbe44w-eighty -11Y -1 ®a-h ra-- Median Income (AMI N r",nAinn kriicnkrdr4 in-epn-e-. for Palm Beach Counb u s e , g2in u a I yl j2y_j��g_p !1[iaent of Housi, q Urban Dev A) 'm 'ot H_IJD\. a__gIDd---------------------L �----L-L_L __,:_L MODERATE INCOME HOUSEHOLD - Under the Wworkforce H#ousingEprogram provisions of these regulations, it is a household with a gross, combined income between eighty percent (80%) and one hundred twenty percent (120%) of the Qty ,afArea Median Income (AMI) for Palm Beach Count,,/ Dublished annuall" k, the Q� \.9GyRt9R44eaG4-R4e4inaR eg_CtL�e n�t of H o u s i n q,_,gjD d_j)1Laa_Q y�,Lg rjL,,D t H Q Q ------------------------ innnrnQ RESTRICTIVE COVENANT AND AGREEMENT - The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Wworkforce H4ousing E-program. The term of the restrictive covenant and 5\� agreement is fifteen (15) years,_recurrinqfor for sale units and fifteen L,1_�?� qL for ---------------------------------------------------- ------- rental units. nonrecurri-nn Page 438 of 473 EXHIBIT B ARTICLE V. HOUSING INITIATIVES Sec. 2. Workforce Housing Program. A. Findings. 1, ljousing_f ei a r n ap it j�ID 1lizes ti'lat ti'ler ' L! ---------------------------------- ----- - between in ttie------c1t ., -------------- -v--- 1. Housing S"ho.—'age. The 1--i4y 1--mmiss'an hm,ing e0fiff"l—e-, - T-T--- A-----+ I A+.aehffiea+A 1 1-as -1 e+---- +1,-+a ew h-—- fli --ft A f:eats af e 146+affef4able te�he 2. Florida Statutes. F.S. § 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of workforce housing using land use mechanisms not withstanding any other provision of law;- -&' "F- -4 H E-eeft heiising e6s+1S -11 1.1y, ,14. Public Interest. The City of Boynton Beach has a legitimate public interest in preserving the character and quality of neighborhoods that require assuring the availability of workforce housing for low and moderate income persons in the city; Sense of Community. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area; and 56. Housing Availability. The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sector. B. Applicability. The program is voluntary. Developers who choose to participate may be awarded incentives outlined further in this article. The following regulations shall apply e4y to 11 + development applications for projects elig'111 -r-f:+e e Dawatown Tfuasi eat eN E!'-F"""' Aef, Sf+ pistf:iet's ' Yase 4 "'e*t ........f4 -,e t3ef:e eft+1 with attic ti lz� Lollowiqg underlying fu re land use ,�ite� es: dy in 'ess of f4f+,eefi �.-1 +1 eensi4y -ILI z c,L�se Ifig q Mlise e Mdium, Mixed [ise i..ow afi -- fixed----i--------------------------- _�!�Iqc-i---1 I--------J-- Densitv future land use classifications are eLij47 �.jt�g_. itywide in areas where such classifications are allowed, 2, PrU)g�,,_j4s z s ig -'f 2J) ilIgnti d affordatfle housing programs witti 100% affordatfle —------------------------------------------------------------- units are digit 1e C 1...,ow Den sitv lZesidential, C. Provisions. The developer may elect to obtain highef: of toe DTOD 2-1 2-54a density bonus and/or a height bonus through the construction of the workforce units on- Page 439 of 473 site or off-site, monetary contribution, donation of land or purchase of units to be designated as workforce, subject to the limits and requirements of this article. 1. Construction of workforce units on-site: TI% T-11 II IZO/ 1. To be eligible for the requested highef: F-ef+he PTI — — �__-1 density bonus through the construction of workforce units on-site, the developer must incorporate such units into the development as follows: a. Projects located witfun the Downtown Transit Oriented DeveloDment Dist usingtfie density bonus of'up to 25% alone or in conjunction with the height bonus of one (1) additional story(up to a maximum of 12 feet) shall designate a minimum of4eii-fifteen percent(105%) of the total proposed units as workforce housing units. _b. Projects located witfun the DTODD in the Bo n10ism--B-e a-ch---Boul-ey-ard--_0-y-erlay with the Mixed Use Medium or Mixed Use High future land use classifications may use ttle densitybonus ofuii to 25% n witti the figLg±_ � the height bonus alone; S+"tfie hei gfit bonus can include two (2) additional stories (up to a maximum of 24 feetJ, and shall ealy be pf:-Jee+s laeat A �'fl +11 1- �� 11rC-lects 11siqJ J I le e til ,,I:al at:B ayfitan B eaeh Batt!e:v atA dk4imc�.,___2 _ �L Lh,g i�.Iqjjb o n-u-s---s_h_al_I__.designatei*g- ji miriimurn cyftwenty percent (20%) of the total proposed units as workforce housing units. c, Predium, w Mixed lise I...,oor ------------ Lii Lill I it g-----Den.`it Jb_I_ef'c_ra ,dens � 25%, Suc!,U)_Lgj_�6,, cq�ga tn'n' of'te, -1) nits as 1--jiIjIgII----------DpgLg -D L� _s� d-11-------------- workf'orceiic)ti�iq _,L�i2its, 11 _Ip LjLmore acres are also eli,wtfle for a hei I,itbonus -------- L� _g�E _f ------------------------------------------------- L)fone (J) additional story (up to a maximum of' 12 feet), ------------------------------------—------------------------------------------------------- d, Pr ODD witti Medium or MOILDe-n- 'ty Residential future land use classifications are e Lk-dble for a density'bonus of' to 25%, - - - -- - - -------------------------- ------------------- eca. Eligible land use classifications and zoning districts (Table 1-2). Land Use Zoning Classification Districts Medium Densjt.� R-2, R-3 and M affigfi Density Residential* 113[iD and MiD Jal 11.'j i D and MiD J2��__Jtv Residential 113[i Mixed Use Low MU-land SM[i Mixed Use Medium MU-2 and MU-3 Mixed Use High MU-4 and MU-Core �Applicable(ItIL 2 Page 440 of 473 i 2. Household (Income) Type. Twenty-five percent(25%) of the total required workforce housing units shall be set aside for low-income households. Seventy-five percent(75%) of the total required workforce housing units shall be set aside for moderate-income households. 3. Fractions. If the number of workforce housing units results in a fractional remainder greater than one-half(0.50), the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than one-half(0.50), the number shall be rounded down. 4. Number of Units. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development. The unit types include the category of structure (single-family detached and attached, multifamily), for rent versus for sale units, and the number of bedrooms. Relief from this provision may be granted if the intended purpose is to address particular needs of the community, substantiated by the provided data/analysis. 5. Staff Approval. At the time of application for land use amendment and rezoning, the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. 6. Site Plan. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. 7 Sale Restrictions. Workforce housing units shall be regulated in terms of: a. Initial sales price or rent levels; and b. Subsequent resale prices or leasing rates. c. If compliance with a land development standard would preclude construction of a residential or mixed use development in which workforce housing units are included,pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. 8. Recording the Restrictive Covenant. Prior to the issuance of any building permit, the restrictive covenant and agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be fifteen (15) yearsrecurriqg. A copy of the recorded covenant and agreement shall be provided to the city prior to the issuance of the building permit. IL In-Lieu and off-site options. 1, l o etS6;olTl"Lnig �,f tructlon of wol"k orce units, the nutn�. er o unit`�D for�Vhic!1 Lll� �CI`tjment In lieu can lie collected shall increase from tees DercenL��EEf_s1 ( __C __ _az and C'. .1.l: _rm L, to fifteen smt( �/off t st st(1 /0l� asci t stj �z i� ?I l �/o} o� tll totalcic 4; ciszl`D. 3 Page 441 of 473 i 14. Payment In-Lieu (Table 1-3). Contributions per unit listed in the table below shall accrue to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of building permit. Payment In Lieu of Construction of Workforce Housing Units (per unit) For-sale unit &3-91293_S81986 986 For rent units _ S36,760 Note:Payment-in-lieu amounts shall be revised every two (2)years,based on(i)median single-family home sale price for Palm Beach County provided by Realtors'Association of the Palm Beaches,and(ii)average monthly apartment rent for the Boynton Beach market provided by Reinhold P.Wolff Economic Research,Inc. 3-2. Donation of Land. The value of the land shall equal or exceed the total "in-lieu of fee for all workforce units or shall be of sufficient size to develop the same number of units. The value of the donated land must be verified by a MAI appraisal no more than three (3)months old. The appraisal shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a final certificate of occupancy for the development. J4. Off-Site Construction. The workforce housing units may be built off-site,l? �j1 rcicci t are constructed wittun ttie Cite limits, All off-site workforce housing units shall comply with all sections of these Regulations. 54. Purchase Market Rate Units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with the Workforce Housing Ordinance. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. D. The following requirements shall apply to built or purchased workforce units: L Rental Housing Units. 1. Recording of the Restrictive Covenant. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for fifteen (15) years. 2. Rental Rates. a. Units targeted to low income households at sixt,,� � � �t(�0%) to eighty percent(80%) of ttie AM 1 of the G;l,y of Br,y tan D uE rir�,a�'x i 'neame shall not have rental rates that exceed one hundred percent(100%) of the HUD determined fair market rent for the area. b. Units targeted to moderate income households at eighty percent(80%)to the one hundred twenty percent(120%) of ttic AMI +I,e 1-;f.. o f rz, y Titan Beae mea; , 1 „tea in,eeff+e-shall not exceed one hundred percent(100%) of the HUD determined fair market rent for the area. 4 Page 442 of 473 i 3. Tenant Income Qualification. Tenant income qualification records shall be maintained on-site and a yearly report shall be forwarded to the Community Improvement Division of the City of Boynton Beach for compliance determination. IL For-Sale Housing Units. 1. Restrictive Covenant. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to the Land Development Regulations of the city. The restrictive covenant shall remain in force for fifteen (15) yearsrecurriqg. The form of deed for workforce housing units shall be approved by the City Attorney. 2. Resale. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. a. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit. Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right of refusal to purchase the units. b. All workforce housing units are to be resold only to low or moderate income qualified households at an attainable housing cost for each targeted income range. 3. Required Occupancy. Purchasers of workforce housing units shall be required to occupy the unit. 4. Closing Costs. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the city/CRA, or their designee. 5. Sales Price Calculations. Sales prices for workforce housing units will be calculated on the basis of: a. An available fixed-rate thirty (30)-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the availability of fixed-rate thirty (30)-year mortgage at this lower rate for all workforce housing units required for the covered project; b. A down payment of no more than ten percent(10%) (including any down payment assistance provided by SHIP or other sources) of the purchase price; c. A calculation of property taxes; and d. A calculation of homeowner insurance, mortgage insurance, homeowner association fees,property management fees and other closing costs. 6. Compliance. Prior to request for final certificate of occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units,proof of recordation of restrictive covenant in approved form. 5 Page 443 of 473 i 7. Resale Requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: a. Location of Units. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. b Integration. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV/AC systems as market rate units. c. Construction Phasing. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. All workforce housing units must be deeded to the City, deed-restricted, or receive a certificate of occupancy prior to issuance of more than eighty percent(80%) of the certificate of occupancies in the subject development. d. Lot Premiums. There shall be no lot premiums charged on the workforce housing units. e. Sales Price. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. f. City Approval. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. E. Monitoring and Compliance. 1. Qualified Buyers. Final approval conditions: Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed one hundred twenty percent(120%) of the ' ^��ate, Baa '� e�'�— 11-1 11-1A � .n41. The conditions will also specify the requirements for reporting to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. 2. Surety. Developers may substitute surety as outlined in Chapter 2, Article III, Section 6, Land Development Regulations, in the amount of one hundred ten percent(110%) of the developers' obligation for workforce housing provision according to this section. The city shall, at all times, have the authority to draw upon the surety to enforce the provisions of this article should the applicant be in default of these requirements, 3. Enforcement. The city may enforce the requirements of the Workforce Housing Ordinance through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease, during the term of the restrictive covenant. 4. Annual Report. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of the Workforce Housing Ordinance, including but not limited to the revenues accrued to the Housing Trust Fund, the number of units created, leased and sold. 6 Page 444 of 473 i (Ord. 10-025,passed 12-7-10; Am. Ord. 11-031, passed 12-6-11; Am. Ord. 13-034,passed 12- 3-13; Am. Ord. 14-035, passed 1-6-15; Am. Ord. 15-031,passed 12-1-15) Page 445 of 473 9.A. CITY MANAGER'S REPORT 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Commissioner Penserga has requested a discussion to possibly create a task force for public outreach for Opportunity Zones in Boynton Beach. EXPLANATION OF REQUEST: The Tax Cuts and Jobs Act of 2017 sets forth a process for the designation of Opportunity Zones and the establishment of tax incentives for investors in Opportunity Funds. The provision is designed to spur investment in low-income communities. In response, City staff has acted to promote the existence of its two Opportunity Zones. In addition to its current outreach efforts, staff is seeking direction on the creation of an external Task Force to act as a source of information and expertise from a broader range of stakeholders. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? An External Task Force would enhance the City's Opportunity Zone outreach strategy. FISCAL IMPACT: Non-budgeted Staff Liaison estimated at four hours per meeting once a quarter. ALTERNATIVES: N/A STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: The strategy is designed to spur investment in low-income communities CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 446 of 473 ATTACHMENTS: Type Description D Attachment Boynton each Opportunity Zone Outreach Page 447 of 473 t � . x {OL� tk1N s t„F i t — >7 o LL, 7,s }IiY G ss., loll CO a rl�� { { } — l • r �.^ O > u // p =o � } O O 0 � .� ,O 0 } } 00p N � N } Co� E E � •UOC .0U p >, a) E_ pcnQp } O > 00 E 0 ,O � � CoOp, � > � USO pUQO , Z3 p cr� OO � � QOOD �..� O .c V) LU Z z ::DO F- N Q O 0 f' V/ co O LO O O � O � LU cry LU Q Z Z � ::DO Q ~ N 3: 0 0 f' 61,09 . ^' .. JQ ON. 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' 0 � 0 � U: � • 1 • 0 0 -0 -0 • • Wm 0 0 o6 QOj iiy1il�t+�+i\+Si1l\��1S;j +f++ ,, �`ys�1�4 pl1� � S In In ++++n4y+�+�+ 1�+ r�� tSii�, th�+ortfiyl ty£�t�) \tAfit 1'�+�G��; f' Q� D N 0 -0O O O O 07 0 O O 0 14- } O cn > O cn � Q Q� Q� N Q� U � N } •� � - -0 O 00 0 O O E N O Z3 0 O Q C/) N O p 07 O •O O 3 p O ,O 0 U Op O .- � cnm OCA Cz- 4 '. O CD coO A E a) (01) L/IO O O O O O "` O ` D "� 5 U O O O 4- � O �- Q Q) O CD X mp EE O O a) O O U c LO c � O = O T� (U- LE U d3 � �Q U, _ Ul O Ln ui L/) O) 73 co �� 0 05 �� E O O O O m LL. L I� - -5 O `z E O O C7 O L7 Cl 771 "1 _—j � o� j=:. LU LUU ulLU z U ::Dwz Z w o y O N w LU 0 Q!� t t � F y, ;r1 s5t r • 10.A. UNFINISHED BUSINESS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Continue discussion of the City Manager's compensation in connection with her performance evaluation, which was conducted at the December 3, 2019 Commission Meeting. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Agency Manager Salary Survey D Addendum Memo® City Manager Salary Considerations Page 464 of 473 AGENCY MANAGER SALARY SURVEY Total County Agency Population Number of Salary Annualized Health Insurance Services NOT Provided Full Time Car Allowance Employees West Palm Beach,City of 110,000 1,529 $247,455 $6,000 or City Vehicle Premiums Paid by City Full service Boca Raton,City of 100,125 1,614 $270,438 $6,000 Premiums Paid by City Full service Boynton Beach,City of 77,000 785 $200,796 City Vehicle Provided Premiums Paid by City Full service Delray Beach,City of 67,000 780 $265,000 $9,000 $25,200 Annualized Subsidy Reclaimed water Jupiter,Town of 65,000 368 $226,986 $6,000 Premiums Paid by Town Fire,Sanitation,Sewer Wellington,Village of 65,000 302 $225,000 City Vehicle Provided Premiums Paid by Village Full service Palm Beach Gardens,Cityof 54,000 460 $277,277 City Vehicle Provided Premiums Paid by City Sanitation Greenacres,City of 40,013 134 $170,381 $4,800 Premiums Paid by City Full service P a I Lake Worth Beach,City of 38,000 352 $169,000 $6,000 Premiums Paid by City Full service m B Royal Palm Beach,Village of 38,000 154 $206,61.6 Village Vehicle Provided Premiums Paid by Village Fire,Police,Sewer Water e a Riviera Beach,City of 35,000 560 $179,005 $6,000 Premiums Paid by City Full service c h Palm Springs,Village of 24,075 207 $161,304 Information not provided Information not provided Fire Belle Glade,City of 17,722 127 $235,000 Information not provided Premiums Paid by City Fire,Police,Sewer,Water North Palm Beach,Village of 13,000 153 $159,000 Information not provided Information not provided Sewer,Water Lantana,Town of 11,400 90 $148,543 $2,500+Fuel Premiums Paid by Town Fire,Sanitation Palm Beach,Town of 8,750 300 $214,686 Town Vehicle Provided Premiums Paid by Town Full service Tequesta,Village of 6,100 102 $198,492 Information not provided Information not provided Sanitation Ocean Ridge,Town of 1,800 27 $102,500 Information not provided Information not provided Sewer,Water Golf,Village of 300 11 $108,150 $7,200 Premiums Paid by Village Fire,Police Coral Springs,City of 162,264 827 $255,000 $7,200 95%Premiums Paid by City Utilities B r 0 Pompano Beach,City of 108,000 834 $247,110 $7,200 Premiums Paid by City Police w a r Deerfield Beach,City of 81,908 384 $200,000 City Vehicle Provided Premiums Paid by City Fire,Police d Coconut Creek,City of 61,000 368 $252,295 $7,200 Premiums Paid by City Utilities Miami-Dade North Miami Beach,City of 46,000 341 $235,622 Information not provided Information not provided Fire Page 465 of 473 The City of Boynton Beach HUMAN RESOURCES AND RISK MANAGEMENT DEPARTMENT 3301 Quantum Boulevard,Suite 101 Boynton Beach, Florida 33426 (P): 561-742-6275 1 (F): 561-742-6274 www.boynton-beach.org Twitter: @BoyntonBeachHR MEMORANDUM TO: Steven B. Grant, Mayor Justin Katz,Vice Mayor Mack Mc Cray,Commissioner Christina Romelus,Commissioner Ty Penserga,Commissioner FROM: Julie Oldbury, Director of Human Resources and Risk Management p DATE: January 3,2020 RE: City Manager-Compensation Considerations As part of our routine process in the Human Resources Department, we conduct and participate in compensation surveys so we can evaluate both the internal and external equity of our positions. As the discussion regarding the City Manager's compensation will be on the January 7th Agenda, I have attached for your review a recent survey with salary information for Agency Managers in our area. The City of Boynton Beach is the third largest municipality in Palm Beach County and provides all major services: Fire, Police,Sanitation,and Utilities. As you can see from the survey,our City Manager's current salary:$200,796 is significantly lower than the two largest municipalities: • West Palm Beach - $247,455 *Position vacated in 10/2019 • Boca Raton- $270,438 Additionally,our City Manager's salary is lower than many other Palm Beach County municipalities,which have fewer resident and employee populations and some of which do not provide all of the major services: • Palm Beach Gardens- $277,277 • Delray Beach- $265,000 • Belle Glade- $235,000 • Jupiter- $226,986 • Wellington- $225,000 • Palm Beach- $214,686 • Royal Palm Beach- $206,616 As it stands, Ms. LaVerriere ranks 101h in salary in Palm Beach County. Throughout our organization,we have made strides to bring our employee pay to competitive levels, most recently with our first responders in Fire and Police. From a Human Resources perspective,I would encourage you to consider making a similar investment in our City Manager by adjusting her salary to be more aligned with her peers, the majority of whom are males. Based on the salary data, resident and employee population comparisons, the complement of municipal services provided, and Ms. LaVerriere's seven year tenure as an ICMA Credentialed City Manager, my recommendation for a competitive and equitable minimum salary is$245,000. AMERICA'S GATEWAY TO THE GULFSTREAM Page 466 of 473 13.A. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Discuss Fine Free Program for City Library - January 21, 2020. 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 467 of 473 13.B. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: The Mayor requested data on Recreation and Parks programs and attendance. Staff will provide report- January 21, 2020 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 468 of 473 13.C. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Staff to bring forward maintenance contract with private partners for Joe Crowder Dog Park- January 21, 2020. 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 469 of 473 13.D. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Discuss Local Septic Tank Inspection Program- February 18, 2020 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 470 of 473 13.E. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Discuss purchase and sale agreement for Nichols property - February 18, 2020. 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 471 of 473 13.F. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Mayor Grant would like to invite the Central Palm Beach Chamber to a future Commission meeting to discuss their membership benefits- March 3, 2020 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 472 of 473 13.G. FUTURE AGENDA ITEMS 1/7/2020 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/7/2020 REQUESTED ACTION BY COMMISSION: Consider Vision Zero Resolution - TBD 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 473 of 473