Agenda 05-05-20 The City of
Boynton Beach
City Commission Agenda
Tuesday, May 5, 2020, 5:30 PM
GoToWebinar Online Meeting
Boynton Beach City Commission
Mayor Steven B. Grant (At Large)
Vice Mayor Ty Penserga (District IV)
Commissioner Justin Katz (District 1)
Commissioner Woodrow L. Hay (District 11)
Commissioner Christina L. Romelus (District III)
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.
C
www.boynton-beach.org
Page 1 of 670
Welcome
Thank you for attending the City Commission Meeting
General Rules & Procedures for Public Participation at
City of Boynton Beach Commission Meetings
The Agenda:
There is an official agenda for every meeting of the City Commissioners, which determines the order
of business conducted at the meeting. The City Commission will not take action upon any matter,
proposal, or item of business, which is not listed upon the official agenda, unless a majority of the
Commission has first consented to the presentation for consideration and action.
• Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
• Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
• Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by
either a regular voice vote with "Ayes& Nays" or by a roll call vote.
Speaking at Commission Meetings:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
• Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
• Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction
of the Commission - Time Limit- Three (3) Minutes.
Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a
motion has been made and properly seconded, with the exception of Consent Agenda Items that have not
been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes.
Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency
Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests
that all citizens follow the safe at home guidance provided by the State, the County, and the Federal
Government. The City of Boynton Beach encourages interested parties to attend and participate in public
meetings via communications media technology online.
To view and/or participate in the City Commission meeting you have the following options:
1. Watch the meeting online, but not participate:
You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org
to access the up-to-date link to the meeting.
2. Watch the meeting online and provide public comment prior to the meeting:
You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us
by Noon on May 5, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline.
Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item
number(s)for your comments. Comments received by the deadline will be read into the record. Please note
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that time limits will be enforced so written comments must be limited to no more than 3 minutes.
3. Watch the meeting online and provide public comment during the meeting:
To request to speak during the meeting, you can electronically "raise your hand" or type a question using the
GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your
question addressed. Please note that time limits will be enforced so comments must be limited to no more than
3 minutes.
For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City
Clerk, at cityclerk@bbfl.us or (561) 742-6061.
Page 3 of 670
1. Openings
A. Call to Order - Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. Other
A. Informational items by Members of the City Commission
3. Announcements, Community And Special Events And Presentations
A. Representative Joseph Casello will provide an update on the recent legislative sessions.
B. Proclaim the month of May as Guardian Ad Litem, Speak Up for Kids and Foster Care
Appreciation Month. Tonya Cajuste of Speak Up for Kids will accept the proclamation.
C. Proclaim May 2020 as Mental Health and Trauma Informed Care Month. Gerda Klein of
the Boynton Beach Mental Health Committee will accept the Proclamation.
D. Proclaim May 3-9, 2020 as Municipal Clerks Week. Crystal Gibson, City Clerk of Boynton
Beach, will accept the proclamation.
E. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of
Commerce will present on member benefits.
F. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts
and results.
4. Public Audience
Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,
this 3 minute allowance may need to be adjusted depending on the level of business coming
before the City Commission)
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on City advisory boards.
6. CONSENTAGENDA
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments
A. Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of
services and/or commodities as described in the written report for May 05, 2020- "Request for
Extensions and/or Piggybacks."
B. Accept the written report to the Commission for purchases over $10,000 for the month
of March 2020.
Page 4 of 670
C. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning
Center for FY 19/20.
D. Proposed Resolution No. R20-033- Authorize the Mayor to sign FPL easement forms for new
street lighting associated with the Town Square project.
E. Piggy-Back the Palm Beach County School District Contract #20C-21T for the extension period
of the contract which expires on December 31, 2024 and approve an annual blanket for Precision
Air Systems, Inc. of Wellington, Florida for an additional amount of $60,000.00, (total annual
expenditure $140,000.00). This is for air conditioning repairs/services and preventative
maintenance needed at various City Buildings. The Palm Beach County School Board's bid
process satisfies the City's competitive bid requirements.
F. Proposed Resolution No. R20-034- Authorize Mayor to sign a grant participation and
reimbursement agreement between Virgin Trains USA Florida LLC and the City of Boynton
Beach for the construction of supplemental safety improvements at two (2) railroad crossings and
contribute $27,131.93 (20% local match) to partially fund these improvements.
G. Proposed Resolution No, R20-035 - Approve and authorize the Mayor to sign an Interlocal
Agreement between the City of Boynton Beach and the Quantum Park Overlay Development
District (QPODD)for enhanced maintenance services.
H. Approve minutes from the City Commission meeting on April 21, 2020.
7. CONSENT BIDS AND PURCHASES OVER $100,000
A. Proposed Resolution No. R20-036- Approve piggybacking and authorize the City Manager to
sign a Contract, in accordance with the terms & conditions of The City of Pompano Beach
Community Redevelopment Agency Unarmed Roving Security Guard Contract; placed in
accordance with RFP P-15-19 issued on 02/28/2019, approved for award by Resolution No.
2019-35 on 06/18/2019, and fully executed and notarized 06/25/2019 for an annual estimated
amount of $125,000 not to exceed $150,000. Contract is for a period of three (3) years, with 2
years remaining with an option to renew for two (2) one-year terms for a total $500,000 estimated
amount over the total potential four-year term of the agreement.
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 May 05, 2020-
"Request for Extensions and/or Piggybacks."
C. Proposed Resolution No. R20-037- Approve Award of Bid No. 012-2511-20/EM for HVAC
Maintenance and Mechanical Services and authorize the City Manager to sign a contract with A-
1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974 as the lowest, most
responsive, responsible bidder for an annual estimated amount of $150,000 for a period of three
(3) years, with an option to renew for three (3) one-year terms for a total $900,000 estimated
amount over the total potential term of the agreement.
D. Approve Task Order UT-113-01 with Carollo Engineers in the amount of $189,512.00 for the
design, permitting, bidding, and construction support services for the Silverwood Area Force Main
project in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract,
Scope Category B awarded by City Commission on August 7, 2018.
E. Proposed Resolution No. R20-038- Approve and authorize the City Manager to
sign Amendment No. 2 to the Developer's Agreement with Knuckles, LLC for the construction of
sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319
Federal Highway.
8. Public Hearina
6 p.m. or as soon thereafter as the agenda permits.
Page 5 of 670
The City Commission will conduct these public hearings in its dual capacity as Local Planning
Agency and City Commission.
A. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd,
amending Future Land Use Map from Low Density Residential (LDR) and Medium Density
Residential (MDR) to Local Retail Commercial (LRC).
Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd
Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family
Residential District to C-2 Neighborhood Commercial District.
B. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM
20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience
store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump
stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre
parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane
Laakso, Creighton Development.
C. Proposed Ordinance No. 20-002 - Second 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. (The applicant has requested to continue
this agenda item to the May 19, 2020 Commission Meeting.)
D. 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. (This agenda item has been continued to the May 19, 2020 Commission
Meeting.)
9. City Manager's Report - None
10. Unfinished Business - None
11. New Business
A. Proposed Resolution No. R20-039- Authorize the Mayor to sign an Interlocal Agreement
between the City of Boynton Beach and the City of Delray Beach to share the engineering design
cost to rehabilitate Gulfstream Boulevard (SE 36th Avenue).
12. Legal
A. Proposed Ordinance No. 20-010 - First Reading - Approve proposed amendments to Chapter
18, Article III, Municipal Police Officers' Retirement Trust Fund; amending Sections 18-164, 18-
165, 18-169, 18-174, and 18-175.
13. Future Agenda Items
A. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension
Project for $500K. - May 19, 2020.
B. Request by Mayor Grant to discuss Wellington's home based business regulations. - May 19,
2020
C. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD
D. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile
recycling program. (This item is tabled while staff continues to communicate with Textile
Recycling Program regarding payment of the franchise fee.)
E. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance -
TBD
Page 6 of 670
14. Adjournment
Notice
lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will
need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105)
The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to
participate in and enjoy the benefits of a service,program,or activity 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 programor activity in order for the city to reasonably accommodate your request.
Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added
to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk
Page 7 of 670
1.A.
OPENING ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission:
Call to Order- Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact: Non-budgeted
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action: No
Climate Action Discussion:
Is this a grant? No
Grant Amount:
Page 8 of 670
2.A.
OTHER
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
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 9 of 670
3.A.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Representative Joseph Casello will provide an update on the recent
legislative sessions.
Explanation of Request:
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
Page 10 of 670
3.B.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proclaim the month of May as Guardian Ad Litem, Speak Up for Kids
and Foster Care Appreciation Month. Tonya Cajuste of Speak Up for Kids will accept the proclamation.
Explanation of Request: The Guardian Ad Litem Program is a force of volunteers who advocate on behalf
of children who have been abused, neglected, or abandoned by their caregivers. Speak Up for Kids of Palm
Beach County is the exclusive 501(c)(3)fundraising arm for the Guardian ad Litem Program of Palm Beach
County, funding wellness, normalcy, and therapeutic initiatives for children in care. Boynton Beach, the
leadership of the Guardian Ad Litem Program and Speak Up for Kids is honored to join forces and
collectively build awareness around and advocate for the best interests of our community's most vulnerable
children.
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 - May: Guardian Ad Litem, Speak
Up for Kids and Foster Care Appreciation Month
Page 11 of 670
----------------------------------------------------------------------------------------------------------------------------------
9?1"a7 n&w aead
Proclamation
WHEREAS,the Guardian Ad Litem Program is a force of volunteers who advocate on behalf of children
who have been abused,neglected,or abandoned by their caregivers;and
WHEREAS, Speak Up for Kids of Palm Beach County serves as exclusive nonprofit support funding
wellness,normalcy,and therapeutic initiatives for children in care;and
WHEREAS,in 1984 Palm Beach County adopted the program and began with 15 volunteers and currently
has a corps of greater than 600 volunteers serving the nearly 1,600 children in care;and
WHEREAS,in 2008 Speak Up for Kids of Palm Beach County was founded to fund gaps in needed services
for child victims served by the Guardian ad Litem Program;and
WHEREAS,to illustrate the magnitude of the financial benefit of the collaboration between the Guardian
Ad Litem Program and Speak Up for Kids brings to Florida,the services donated by Guardians across the
state save Florida over $ISM in salaries and mileage reimbursement costs. That is greater than $1M for
Palm Beach County alone. The Guardian Ad Litem Program and Speak Up for Kids are making an impact
in children's lives and the return on investment the program brings to the county is unparalleled;and
WHEREAS, Boynton Beach is a dynamic, multicultural, and vibrant city counted as the third largest in
Palm Beach County. The leadership of the Guardian Ad Litem Program and Speak Up for Kids,is honored
to join forces and collectively build awareness around and advocate for the best interests of our
community's most vulnerable;and
WHEREAS,the Guardian Ad Litem Program and Speak Up for Kids are hereby recognized for their joint
efforts and successes in standing united to ensure local children thrive.
NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim
the month of May,Two Thousand Twenty as:
GUARDIAN AD LITEM,SPEAK UP FOR KIDS AND FOSTER CARE APPRECIATION MONTH
IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,
Florida,to be affixed at Boynton Beach Florida,the 5,h day of May,Two Thousand Twenty.
Steven B. Grant,Mayor
ATTEST:
Crystal Gibson,MMC
City Clerk
3.C.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proclaim May 2020 as Mental Health and Trauma Informed
Care Month. Gerda Klein of the Boynton Beach Mental Health Committee will accept the Proclamation.
Explanation of Request:
Promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower
crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and
increased lifespan.
The City of Boynton Beach, recognizes the work of the Boynton Beach Mental Health Committee impacting
awareness and education, access to services and acceptance of the importance of mental health and well-
being to a person's overall success and supports the implementation of trauma informed approaches
throughout the systems of care.
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 - Mental Health Awareness
Page 13 of 670
----------------------------------------------------------------------------------------------------------------------------------
y"M7n&w �We"A
Proclamation
WHEREAS,mental health is essential to everyone's overall health and well-being,and everyone experiences times
of stress and struggles in their lives,and one in four adults and one in five youth ages 13-18 experiences serious mental
illness and;
WHEREAS, 60 percent of adults and 50 percent of youth do not receive the treatment necessary for their mental
health needs due to limited or no knowledge of the need,barriers to care,or fear and shame,and;
WHEREAS,research recognizes that adverse childhood experiences (ACEs),which include,but are not limited to
physical, emotional and sexual abuse, physical and emotional neglect, household dysfunction, untreated mental
illness, or incarceration of a household member, domestic violence, micro-aggressions and separation or divorce
involving household members,are traumatic experiences that can have a profound effect on a child's developing brain
and body and can result in poor physical and mental health during childhood and adulthood,and;
WHEREAS, promoting mental health and wellness leads to higher overall productivity, better educational
outcomes,lower crime rates,stronger economies,lower health care costs,improved family life,improved quality of
life and increased lifespan,and
WHEREAS, the City of Boynton Beach, recognizes the work of the Boynton Beach Mental Health Committee
impacting awareness and education,access to services and acceptance of the importance of mental health and well-
being to a person's overall success and supports the implementation of trauma informed approaches throughout the
systems of care.
NOW THEREFORE,I,Steven B.Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month
of May of Two Thousand Twenty as:
MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH
IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to
be affixed at Boynton Beach Florida,the 5th day of May Two Thousand Twenty.
Steven B. Grant,Mayor
ATTEST:
Crystal Gibson,MMC
City Clerk
3.D.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission:
Proclaim May 3-9, 2020 as Municipal Clerks Week. Crystal Gibson, City Clerk of Boynton Beach,
will accept the proclamation.
Explanation of Request:
Municipal Clerks Week is to recognize the vital and appreciated services performed by Municipal and Deputy
Clerks in serving the changing needs of their communities.
Municipal Clerks Week was initiated in 1969 by International Institute of Municipal Clerks (IIMC) and is
endorsed by all of its members throughout the United States, Canada and 15 other countries. In 1984 and in
1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation officially declaring
Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in
local government.
How will this affect city programs or services?
Fiscal Impact:
Alternatives: Not proclaim May 3-9, 2020 as Municipal Clerks Week
Strategic Plan:
Strategic Plan Application:
Climate Action: No
Climate Action Discussion:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type Description
D Proclamation Proclamation - Municipal Clerks Week
Page 15 of 670
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yl�m7n&,A a�mg
Proclamation
Whereas, The Office of the Municipal Clerk, a time honored and vital part of local government exists
throughout the world,and
Whereas,The Office of the Municipal Clerk is the oldest among public servants,and
Whereas,The Office of the Municipal Clerk provides the professional link between the citizens,the local
governing bodies and agencies of government at other levels,and
Whereas,Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,rendering
equal service to all.
Whereas, The Municipal Clerk serves as the information center on functions of local government and
community.
Whereas,Municipal Clerks continually strive to improve the administration of the affairs of the Office of
the Municipal Clerk through participation in education programs, seminars, workshops and the annual
meetings of their state,provincial,county and international professional organizations.
Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Municipal
Clerk.
NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim
the week of May 3"'through May 9",Two Thousand Twenty as:
MUNICIPAL CLERKS WEEK
and further extend appreciation to our City Clerk,Crystal Gibson,Deputy City Clerk,Queenester Nieves
and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the
communities they represent.
IN WITNESS WHEREOF,I have hereunto set my band and caused the Seal of the City of Boynton Beach,
Florida,to be affixed at Boynton Beach Florida,the 5,h day of May,Two Thousand Twenty.
Steven B. Grant,Mayor
ATTEST:
Crystal Gibson,MMC
City Clerk
3.E.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission:
Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will
present on member benefits.
Explanation of Request: N/A
How will this affect city programs or services?
N/A
Fiscal Impact: N/A
Alternatives: N/A
Strategic Plan: Building Wealth in the Community
Strategic Plan Application: Strengthen Local Business Economy
Climate Action: No
Climate Action Discussion:
Is this a grant?
Grant Amount:
Page 17 of 670
3.F.
ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: The City Commission requested a presentation of the Town Square
Opportunity Fair hiring efforts and results.
Explanation of Request: E21- Real Estate Solutions, through SA Nelson &Associates hosted an
Opportunity Fair for the Town Square development project. Job seekers and vendors were afforded an
opportunity to connect with project contractors, subcontractors, vendors. The Commission requested a
presentation of the results of the hiring efforts.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
Alternatives: N/A
Strategic Plan: Building Wealth in the Community
Strategic Plan Application: This initiative links Boynton Beach residents and businesses with job and
contracting opportunities on the Town Square development project.
Climate Action: No
Climate Action Discussion:
Is this a grant?
Grant Amount:
Page 18 of 670
5.A.
ADMINISTRATIVE
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
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 board
full and operating as effectively as possible.
Fiscal Impact: Non-budgeted
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
Attachment Appointments and Applicants for May 5, 2020
Attachment Ramiccio, Thomas- HRPB
Page 19 of 670
Appointments and Applicants for May 5, 2020
Building Board of Adjustments and Appeals
11 Hay Alt 2 yr term to 12/21 (Tabled 2)
III Romelus Reg 2 yr term to 12/21 (Tabled 2)
IV Penserga Reg 2 yr term to 12/21 (Tabled 2)
Applicants: None
Education and Youth Advisory Board
IV Penserga STU NV 2 yr term to 12/21 (Tabled 2)
Applicants: None
Historic Resources Preservation Board
III Romelus Alt 2 yr term to 12/20 (Tabled 2)
Mayor Grant Reg 2 yr term to 12/21 (Tabled 2)
1 Katz Alt 2 yr term to 12/21
Applicants:
Thomas Ramiccio
Library Board
11 Hay Reg 2 yr term to 12/21 (Tabled 2)
III Romelus Reg 2 yr term to 12/21 (Tabled 2)
IV Penserga Reg 2 yr term to 12/20 (Tabled 2)
Mayor Grant Alt 2 yr term to 12/21 (Tabled 2)
1 Katz Alt 2 yr term to 12/20 (Tabled 2)
Applicants: None
Page 20 of 670
Gibson, Crystal
From: tramiccio <noreply@123formbuilder.io>
Sent: Saturday, April 18, 2020 2:53 PM
To: City Clerk
Subject: Advisory Board Appointment application
Today's date 04/18/2020
Name Thomas Ramiccio
Phone number 561-386-7812
Address 4065 Trovita Blvd
Boynton Beach Fla 33436
United States
Email tramiccio@aol.com
Current occupation or,if Retired Chamber of Commerce President/Mayor of the City of Lake Worth
retired,prior occupation
Education High School, Graduate Advanced Institute of Government FAU
Are you a registered voter? Yes
Do you reside within the Yes
Boynton Beach City limits?
Do you own/manage a No
business within City limits?
If"yes", name of business:
Are you currently serving No
on a City board?
Have you served on a City Yes
board in the past?
If"yes",which board(s) In Lake Worth many boards
and when? Chairman Planning & Zoning
Chairman Historic Preservation
Chairman CRA
Chairman pension &retirement board
Main Street Advisory
Have you ever been No
convicted of a crime?
If"yes",when and where?
Advisory Board Historic Resources Preservation Board
Personal Qualifications Former Mayor, vice mayor, city commissioner
Past Chairman Planning & Zoning
i
Page 21 of 670
chairman Historic Preservation Board
Chairman CRA
Long time small business owner
Thank
President/ CEO Chamber of Commerce
Past Governor Kiwanis International
Boy Scouts of America
Chairman Salvation Army
Vice President Knollwood HOA
Professional Memberships
Feel free to attach/upload
an extra sheet or resume.
Certification I, the applicant, hereby certify that the statements and answers provided herein
are true and accurate. I understand that, if appointed, any false statements may
be cause for removal from a board.
The message has been sent from 99.114.224.50(United States)at 2020-04-18 13:52:43 on Whone 13.0.5
Entry ID: 387
Referrer: https:/Zwww.boynton-beach.org/boards-and-committees
Form Host: https://www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application
2
Page 22 of 670
6.A.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
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 May 05, 2020-
"Request for Extensions and/or Piggybacks."
Explanation of Request:
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
McKesson City's Medical Piggyback State of March 1, 2020 ANNUAL EST:
Medical-Surgical Supplies Florida Contract# thru February $80,000
Inc 42000000-18-ACS 28, 2021
Henry Schein City's Medical Piggyback State of December 1, ANNUAL EST:
Medical Supplies Florida Contract# 2019 thru $50,000
42000000-18-ACS November 15,
2020
Construction Hydraulic Cylinders 039-2516-17/IT May 19, 2020 ANNUAL EST:
Hydraulics of and Valve Parts and to May 18, $65,000
Lake Worth, Inc. Repair 2021
Line-Tec, Inc. Backflow Prevention 020-2821-19/EM May 8, 2020 to ANNUAL EST:
Device Inspection, May 7, 2021 $25,000
Testing, and Repair
Services
How will this affect city programs or services?
This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are
renewed/extended with the same terms and conditions and pricing as the initial award.
Fiscal Impact: Budgeted
Funds have been budgeted under line items as noted on the attached report.
Alternatives: Not approve renewals and require new solicitations to be issued.
Page 23 of 670
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Addendum State of FL- Henry Schein Agreement Extended
to 6-25-20
D Addendum State of FL- McKesson Agreement Extended to
2-28-21
D Addendum REQUEST FOR BID EXTENSIONS 5-05-20
RW
D Addendum Construction Hydraulics Renewal Letter 4-24-20
D Addendum Line-Tec Renewal Letter 4-16-20
Page 24 of 670
MMCAP Agreement No.MMS 180I6
Amendment 4
vlmmc"
MEMBER-REQUESTED PARTICIPATION AGREEMENT
This Member-requested Participation Agreement(MPA)is by and between:
HENRY SCHEIN MEDICAL A DIVISION OF HENRY SCHEIN INC.
(VENDOR),and
STATE OF FLORIDA
ACTING THROUGH THE DEPARTMENT OF MANAGEMENT SERVICES,
DIVISION OF STATE PURCHASING(FLORIDA DMS)
and amends the Agreement between MMCAP and Vendor to include the terms set forth
herein.
Term:The terms of this MPA are entered into by and between Vendor and the State of Florida.Neither the
Minnesota Multistate Contracting Alliance for Pharmacy("MMCAP")nor the State of Minnesota are bound by the
terms herein.MMCAP and the State of Minnesota,as a party to the Original Contract,execute this MPA only to
signify its approval of the content of this MPA.This MPA supersedes and replaces all previously signed MPA's
between the Parties.In the event of a conflict between this MPA and any previously-signed MPA's between the
Parties,this MPA shall control.
This MPA is effective upon final signature(Florida Contract Number 42000000-18-ACS)and commences October
23,2018 or earlier if agreed upon between the State of Florida and Henry Schein Medical a division of Henry Schein
Inc. (MMS 18016)or by any party upon 30 days' written notice to the other parties to this MPA listed below,and
expires on June 25,2020,unless the applicable annual extensions are executed.
Scope: Florida DMS,desires to access the MMCAP agreement for medical supply distribution services with
Henry Schein Medical a division of Henry Schein Inc.(MMS18016),which is incorporated into this MPA by
reference.
Contacts and Notice:
Florida DMS:
Jeffrey Dykes Jennifer Reed
Florida Department of Management Services Florida Department of Management Services
Contract Manager Supervisor Contract Manager Supervisor
State Purchasing State Purchasing
850414-6131 850488-8366
Email:Jeffrey.Dykes(d,)dms.myflorida.com Email:Jennifer.ReedPdms.myflorida.com
MMCAP:
MMCAP Managing Director
State of Minnesota,MMCAP Program
50 Sherburne Avenue,Suite 112
St.Paul,MN 55155
651-201-2420
MMCAP MPA for Florida DMS and Henry Schein Medical a division of Henry Schein Inc. 1
42000000-18-ACS
Page 25 of 670
_ MMCAP Agreement No.MMS 18016
Amendment 4
=:MMCAP..
MEMBER-REQUESTED PARTICIPATION AGREEMENT
Henry Schein Medical a division of Henry Schein Inc.:
Andy Oterson
240-409-6125
Email: and .oterson he schein.com
With a copy to:
Henry Schein,Inc.
135 Duryea Road
Melville,NY 11747
Attention: General Counsel
Additional Terms:
The following additional terms and conditions apply solely to the performance of Henry Schein Medical a division
of Henry Schein Inc. and the Florida DMS,and not to the State of Minnesota or MMCAP. These terms will be
solely enforced by Florida DMS. As used in this MPA:"Customer"is an MMCAP Member that is also a State of
Florida agency or eligible user as defined in Section 278.012(l 1),Florida Statutes, and "Contract"refers to this
MPA.
1. Payment Invoicing. Pursuant to Section 287.058(1)(a), Florida Statutes, the Contractor will be paid upon
submission of proper invoices to the Customer after delivery and acceptance of commodities or contractual
services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the
Florida Alternate Contract Source (ACS) Contract Number 42000000-18-ACS and the Contractor's Federal
Employer Identification Number.
2. Travel. Pursuant to Section 287.058(1)(b), Florida Statutes, travel expenses are not reimbursable unless
specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section
112.061,Florida Statutes.
3. Annual Appropriation. Pursuant to section 287.0582, Florida Statutes, if the Contract binds the State of
Florida or an agency for the purchase of services or tangible personal property for a period in excess of one
fiscal year,the State of Florida's performance and obligation to pay under the Contract is contingent upon
an annual appropriation by the Legislature.
4, Transaction Fees. The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes.
All payments issued by Customers to registered Vendors for purchases of commodities or contractual services
will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may
otherwise be established by law.Vendors must pay the Transaction Fees and agree to automatic deduction of
the Transaction Fees,when automatic deduction becomes available.Vendors will submit any monthly reports
required pursuant to the rule.All such reports and payments will be subject to audit.Failure to comply with the
payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor
in default and subject the Vendor to exclusion from business with the State of Florida.
5. Punch-out Catalog and Electronic Invoicing
The Contractor shall implement a punch-out catalog within ninety (90) days after contract execution. The
punch-out catalog provides an alternative mechanism for contractors to offer the State of Florida access to
products awarded under the Contract. The punch-out catalog also allows for direct communication between
the Florida MyFloridaMarketPlace eProcurement System(MFMP) and a contractor's ERP system, which can
MMCAP MPA for Florida DMS and Henry Schein Medical a division of Henry Schein Inc. 2
42000000-18-ACS
Page 26 of 670
MMCAP Agreement No.MMS 18016
Is
mendment 4
i� A
MEMBER-REQUESTED PARTICIPATION AGREEMENT
reflect real-time product inventory/availability information.
Through utilization of the punch-out catalog model, a customer will "punch out" to a contractor's
website. Using the search tools on the supplier's Florida punch-out catalog site,the customer selects the desired
products and services. When complete, the user exits the supplier's punch-out catalog site and the shopping
cart(full of products and services) is "brought back" to MFMP. No orders are sent to a contractor when the
customer exits the contractor's punch-out catalog site. Instead, the chosen products and services are"brought
back"to MFMP as Contract line items. The customer can then proceed through the normal workflow steps,
which may include adding/editing the items to a requisition or a purchase order. An order is not submitted to
a contractor until the customer actually adds the line items to a requisition and the purchase order is approved
and sent to the contractor.
The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed
through the MFMP. EIectronic invoices shall be submitted to the Florida agency through the Ariba Network
(AN) in one of three mechanisms as listed below. Contractors can select the method that best meets their.
capabilities from the following list:
cXML(commerce eXtensible Markup Language)
This standard establishes the data contents required for invoicing via cXML within the context of an electronic
environment. This transaction set can be used for invoicing via the ASN for catalog and non-catalog products
and services. The cXML format is the Ariba preferred method for eInvoicing.
EDI(Electronic Data Interchange)
This standard establishes the data contents of the Invoice Transaction Set(8 10)for use within the context of an
Electronic Data Interchange(EDI)environment. This transaction set can be used for invoicing via the ASN for
catalog and non-catalog products,and services.
PO Flip via ASN
The online process allows contractors to submit invoices via the ASN for catalog and non-catalog products and
services. Contractors have the ability to create an invoice directly from their Inbox in their ASN account by
simply "flipping" the PO into an invoice. This option does not require any special software or technical
capabilities.
For the purposes of this section,the Contractor warrants and represents that it is authorized and empowered to
and hereby grants the state and the third party provider of MFMP, a state Contractor, the right and license to
use,reproduce,transmit, distribute, and publicly display within the system the information outlined above. In
addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the
State of Florida and the third party provider the right and license to reproduce and display within the system
the Contractor's trademarks,system marks, logos,trade dress,or other branding designation that identifies the
products made available by the Contractor under the Contract.
The Contractor will work with the Florida MFMP management team to obtain specific requirements for the
Punch-out Catalog and Electronic Invoicing.
The Contractor is required to provide additional Ordering Instructions and identify persons responsible for
answering questions about the response and administering the Contract and shall provide information necessary
for placing orders under the Contract.
6. Respect. Subject to the agency determination provided for in Section 413.036,Florida Statutes.,the following
statement applies:
MMCAP MPA for Florida DMS and Henry Schein Medical a division of Henry Schein Inc. 3
42000000-18-ACS
Page 27 of 670
_ MMCAP Agreement No.MMS 18016
Amendment 4
z,
MEMBER-REQUESTED PARTICIPATION AGREEMENT
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE
SUBJECT OF,OR REQUIRED TO CARRY OUT,THIS CONTRACT SHALL BE PURCHASED FROM
A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS
QUALIFIED PURSUANT TO CHAPTER 413,FLORIDA STATUTES,IN THE SAME MANNER AND
UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA
STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE
DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH
SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
Additional information about the designated nonprofit agency and the commodities or contractual services it
offers is available at http://www.rest)ectofflorida.gEg.
7. Pride. Subject to the agency determination provided for in Sections 946.515 and 287.042(1),Florida Statutes,
the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE
SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED
FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946,F.S.,IN THE SAME MANNER
AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4),
FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR
OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH
CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers is available at
htt-p://www.pride-enteiprises.org.
8. Contractor Certification. If the Contract exceeds$1,000,000.00 in total,not including renewal years,
Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or the Scrutinized
Companies that Boycott Israel List created pursuant to sections 215.473,Florida Statutes and 215.4725
Florida Statutes,respectively and is not engaged in business operations in Cuba or Syria. Pursuant to section
287.135(5),Florida Statutes,and 287.135(3),Florida Statutes,Contractor agrees the Department may
immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification
or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List,the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,or the Scrutinized Companies that
Boycott Israel List, or is engaged in business operations in Cuba or Syria or a boycott of Israel during the
term of the Contract.
9. Cooperation with Inspector General. Pursuant to Section 20.055(5), Florida Statutes,Contractor, and any
subcontractor to the Contractor,understand and will comply with their duty to cooperate with the Inspector
General in any investigation, audit,inspection,review,or hearing.
10. E-Verify. In accordance with Executive Order 11-116,the Contractor agrees to utilize the U.S.Department
of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired
during the term of the Contract for the services specified in the Contract. The Contractor must also include a
requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment
MMCAP MPA for Florida DMS and Henry Schein Medical a division of Henry Schein Inc. 4
42000000-18-ACS
Page 28 of 670
MMCAP Agreement No.MMS 18016
$' r
Amendment 4,0
MEMBER-REQUESTED PARTICIPATION AGREEMENT
eligibility o all new employees hired by the sub contractor during t e Contract term. In order to anpement
this provision,the Contractor must provide a copy of its DHS Memorandum of Understanding(MOU)to the
Contract Manager within five days of Contract execution. If the Contractor is not enrolled in DHS E-Verify
System,it will do so within five days of notice of Contract award,and provide the Contract Manager a copy
of its MOU within five days of Contract execution. The link to E-Verify is provided below.
hyp://www.uscis.gov/e-yerify. Upon each Contractor or subcontractor new hire,the Contractor must provide
a statement within five days to the Contract Manager identifying the new hire with its E-Verify case number.
11. Financial Consequences of Non-Performance. Pursuant to Section 287.058(1)(h),Florida Statutes,financial
consequences for non-performance are required. The Contractor will be assessed a non-performance retainage
equivalent to 10%of the total invoice amount or as specified in the Contract. The retainage will be applied to
the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the
deficiency. If the deficiency is subsequently resolved,the Contractor may invoice the Customer for the retained
amount during the next billing period. If the Contractor is unable to resolve the deficiency,the funds retained
will be forfeited.
12. Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply
with this section by not allowing public access to all documents, papers, letters or other material made or
received by the Contractor in conjunction with the Contract,unless the records are exempt from section 24(a)
of Article I of the Florida Constitution and section 119.07(l),Florida Statutes.
Solely for the purposes of this section the contract manager is the agency custodian of public records,
unless another is designated per(e),below.
If,under a resulting contract or purchase order,the Contractor is providing services and is acting on behalf
of a public agency,as provided by section 119.0701,Florida Statutes. The Contractor shall:
(a)Keep and maintain public records required by the public agency to perform the service;
(b)Upon request from the public agency's custodian of public records,provide the public agency with a
copy of the requested records or allow the records to be inspected or copied within reasonable time and at a
cost that does not exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by
law;
(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure are
not disclosed except as authorized by law for the duration of the contract term and following the
completion of the contract if the contractor does not transfer the records to the public agency;
(d)Upon completion of the contract,transfer, at no cost,to the public agency all public records in
possession of the Contractor or keep and maintain public records required by the public agency to perform
the service.If the contractor transfers all public records to the public agency upon completion of the
contract,the contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements.If the contractor keeps and maintains public records
upon completion of the contract,the contractor shall meet all applicable requirements for retaining public
records.All records stored electronically must be provided to the public agency,upon request from the
public agency's custodian of public records, in a format that is compatible with the information technology
systems of the public agency;and
(e)IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF
PUBLIC RECORDS OF THE ORDERING ENTITY.
13. Dispute Resolution,Governing Law,and Venue.Any dispute concerning performance of the Contract shall
be decided by the Florida DMS designated Contract Manager,who will reduce the decision to writing and
MMCAP MPA for Florida DMS and Henry Schein Medical a division of Henry Schein Inc. 5
42000000-18-ACS
Page 29 of 670
- 'MMCAPAO—m-cnt No.MMS18016
6-
IMMCAP-.
MMB&R=REQUESTED:PARITCIPATION-ADREEI&NT e. ...
servo:a copy on tho Coahector Tic decWtd'd666W and coi[cWv**'a QvA bo
Coalrectar'�c1�it`to pu s�to.�aga]`actioa relatod.ta tho L�ontract or egy other form of dilaa rceolni6n upa s:
ax>;mistinii&ft'adminIstrativo rcmWd .Bihaustiori of tl[s adminlstrativo iezriedy_ia eu absolute condftion.
piticedont to the Coatraotar's abufty`ty porous la�!'actiaa`sioiatad;to tho Coat or a�+otter`form of dispute.
resalutloA:Tisa kw-6f 6i Stats of,'-
F10rlda govela,tbe,Gantraot.:T[�B Pe�Ncs submit to.dia�r�risdicttou of tlxe•cauda;ofthe.State;Of Flcrlda _
excli>$lvely ter afjy legai. tion relM to the Contract.fpr,th"e Contractor 6Mb waivaa er�y and&1f.
privilDgas a ri 4irelaw to venue it may have uIIder qua tar 47,4F S;snd say end all such Yon . ;
prly legs anis rlglits it may haiio:Raider say other"ststutc,rile,or ca8v law,inoludm0i but riof lltnited tolhose
ba:red'an can��n[enta.;The:Contirac#or herabysubmiia to.iiva in dfe coundy cliasen bj►Fiortda DMS.
$7CCept AS em0adad haraln the.t�+rms Of the Orlghml CoIItrect r0�3a1Q In`"filll frn�D;e11d:Offeat:
HY.AND ifffFMEN:
i
a:;.Acerj► 'Merilcel:a dWle[on of Henry:Schela lEne
AV
Federal Tai ID.Nunobei '. :UsDc` rJ
I.Sfnteofnarida;uctia 'by_srnd'thrau$h`thebep�rimex�t4tManageml n(Servlces;
'Division of Stege .
S* 40Date: l..
RintodNR.:C1 k: Mt�o:
. -
h• f
INAN_APPRO AL`CXP W Y ONLY:
IS ai nesot [or, uCAI!
.Iii with §16C:030 subd.3'
-- - _ -_— —
:. �'Co>nmiaslan®r olAdrrilaEa'tration
Ia accordance with Mhim:'Stat:§'16C.0S,subd.X
h1MCAPJeA fd-Florida DMS end Henry" Schein WSW a div Imi offf&iy Sche_io:Inc. 5
41000060.18 ACS
Page 30 of 670
3
Department of
MANAGEMENT Ty=
SERVICES
We serve those who serve Florida
AMENDMENT NO.: 1
Contract Renewal
Contract No.: 42000000-18-ACS
Contract Name: Medical Supplies
This Amendment("Amendment'), effective as of February 24, 2020, to the Medical Supplies
Contract, No. 42000000-18-ACS ("Contract"), is made by and between the State of Florida,
Department of Management Services ("Department°), and McKesson Medical-Surgical Inc.
("Contractor"), collectively referred to herein as the "Parties."All capitalized terms used herein
have the meanings assigned to them in the Contract unless otherwise defined herein.
WHEREAS,the Department entered into the above-referenced Contract with the Contractor for
the provisions of medical supplies on August 14, 2018;
WHEREAS,the underlying Minnesota Multistate Contracting Alliance for Pharmacy(MMCAP)
contract no. MMS18000 (Master Agreement)was amended to extend the term of the Master
Agreement through February 28, 2021, as set forth in Exhibit A; and
WHEREAS,the Parties wish to renew the Contract in accordance with Article 4, section 2, of
the Master Agreement.
THEREFORE, in consideration of the mutual promises contained below, and other good and
valuable consideration,.the receipt and sufficiency of which are hereby acknowledged, the
Parties agree to the following:
I. Scrutinized Companies. By entering into this Amendment, the Contractor certifies that: 1) it
is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List; 2) it does not have business operations
in Cuba or Syria; and 3) it is not participating in a boycott of Israel.
II. Contract Renewal. Pursuant to section 2 of Article 4 of the Master Agreement,the Master
Agreement was extended for a period of one year, with a new expiration date of February 28,
2021. In accordance with the"Term"section of the Contract, this Contract also remains in effect
until February 28, 2021.
III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is
duly authorized to do so and to bind the respective party.
V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in
the Contract shall continue in full force and effect.
Medical Supplies Page 1 of 2
Alternate Contract Source No.: 42000000-18-ACS
Page 31 of 670
Docuftn Envelope ID:BR3A68F7-DEOP-42AE-BAW5709D8043166
Department of
MANAGEMENT
SERVICES
V,We serve those who serve Rorlda
AMENDMENT NO.: 1
Contract Renewal
Contract No.:42000000-18-AGS
Contract Name: Medical Supplies
State of Florida: Contractor:
Depa nt of;Hanag ent Services McKesson Medical-Surgical Inc.
00cuftned by.
By, 131
E9CIE363F7A7436_
Nam �/_nhlinglrarn 'U Name: John Cam_bell
Title: Dire Purchasing Title. Vlee-President, Government.Seles
2/18/2020
Date: Date: ... ......
Medical Supplies Page 2 of 2
Alternate Contract Source No.: 42000000-18-ACS
Page 32 of
0
CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS
May 5, 2020
REQUESTING DEPARTMENT. Fleet
DEPARTMENT CONTACT:Bill Darty
TERM: May 19, 2020 thru May 18, 2021
SOURCE FOR PURCHASE: City Bid No. 039-2516-1711T
ACCOUNT NUMBER:
VENDOR(S): Construction Hydraulics of Lake Worth, Inc.
ANNUAL ESTIMATED EXPENDITURE:$65,000
DESCRIPTION:
Award of the current Hydraulic Cylinders and Valve Parts and Repair contract to Construction Hydraulics of Lake Worth,
Inc. was approved at the 5/16/17 City Commission Meeting and is for a two (2)year term that ends on May 16, 2019 with
an option to renew for two (2) one-year terms. The vendor has agreed to renew the existing agreement with the same
Terms and Conditions for May 19, 2020 thru May 18, 2021, the second renewal of two renewal periods.
REQUESTING DEPARTMENT. Utilities
DEPARTMENT CONTACT.Melissa Roberts
TERM: May 8, 2020 thru May 7, 2021
SOURCE FOR PURCHASE: City Bid No. 020-2821-191EM
ACCOUNT NUMBER:401-2816-536-46-20, 401-2821-536-49-17
VENDOR(S):Line-Tec, Inc.
ANNUAL ESTIMATED EXPENDITURE:$25,000
DESCRIPTION:
Award of the current Digital Monument Signs contract to Line-Tec, Inc. was approved at the 5/7/19 City Commission
Meeting and is for a one (1) year term that ends on May 7, 2020 with an option to renew for three (3) one-year terms. The
vendor has agreed to renew the existing agreement with the same Terms and Conditions for May 8, 2020 thru May 7,
2021, the renewal first of three renewal periods.
REQUESTING DEPARTMENT. Materials and Distribution
DEPARTMENT CONTACT.Michael Dauta
TERM:March 1, 2020 thru February 28, 2021
SOURCE FOR PURCHASE:42000000-18-ACS
ACCOUNT NUMBER: 502-0000-141-0100
VENDOR(S):McKesson Medical-Surgical Inc.
ANNUAL ESTIMATED EXPENDITURE: $80,000
DESCRIPTION:
On May 7, 2019, City Commission approved the utilization of the State of Florida Contract#42000000-18-ACS for the
City's medical supplies.
The Agreement allows for two (2) additional one-year renewals.
REQUESTING DEPARTMENT. Materials and Distribution
DEPARTMENT CONTACT.Michael Dauta
TERM: October 23, 2018 thru June 25, 2020
SOURCE FOR PURCHASE:42000000-18-ACS
ACCOUNT NUMBER: 502-0000-141-0100
VENDOR(S): Henry Schein Medical
ANNUAL ESTIMATED EXPENDITURE: $50,000
DESCRIPTION:
On May 7, 2019, City Commission approved the utilization of the State of Florida Contract#42000000-18-ACS for the
City's medical supplies.
The Agreement allows for two (2) additional one-year renewals.
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
April 8, 2020
BID: HYDRAULIC CYLINDERS AND VALVE PARTS AND REPAIR
BID NO. 039-2516-17117
Agreement between the City of Boynton Beach and CONSTRUCTION Y® ULICS OF LAKE
WORTH, INC.:
RENEWAL TERM. May 19,2020 THRU May 18, 2021
_Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an
additional one-year term.
No, I do not wish to renew the bid for the following reason(s)
CONSTRUCTION HYDRAULICS OF LAKE WORTH, INC. 7
NAME OF COMPANY S NJATUE/
Brian Filipowski President
NAME OF REPRESENTATIVE TITLE
04/09/2020 561-585-6637
DATE (AREA CODE) TELEPHONE NUMBER
Sales@hydraulics.cc
E-MAIL
Page 34 c
America's Gateway to the Gulf Stream
The Ciftj of
Boynton Beach
Finance/Procurement Services
P.O. Box 310
Baynton teach, Florida 33425-0310
� Telephone No: (561) 742-6310
FAX: (561) 742-5316
April 16, 2020
BID: BACKFLOW PREVENTIONDEVICE INSPECTION, TESTING AND REPAIR
SERVICES
BID NO. 020-2921-11EM
Agreement between the City of Boynton Beach and LINE-TEC, INC.:
RENEWALTERM.- 8, 20 f O 7 7, CLA W
Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an
additional one-year term,
No, I do not wish to renew the bid for the following reason(s)
LINE-TEC, INC. i
- _ r
NAME OF COMPANY 31 ATU
. d.' z. '
E
f r
NAME OF REPRESENTATIVE TITLE
(please print)
3�
I�
(AREA CODE) TELEPHONE NUMBER
E-MAIL
America's Gateway to the Gulf stream, Page 35 of 670
6.B.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Accept the written report to the Commission for purchases over
$10,000 for the month of March 2020.
Explanation of Request:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized
to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for
personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a
written report with the City Commission at the second Commission meeting of each month listing the purchase
orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for February
2020:
Purchase Order# Vendor Amount
200897 Anzco, Inc. $24,250.00
200900 Protect Video, Inc. $10,334.00
200914 Govdirect, Inc. $29,366.40
200960 Transystems Corp. $28,900.00
200962 Management Learning Labs $16,500.00
200974 Dell Marketing $14,651.50
200990 EES Design, LLC $20,556.25
201011 Gall's, LLC $50,000.00
201014 SPX Flow US, LLC $30,926.00
201021 All Traffic Solutions $29,498.00
201022 Safe 4 Play, LLC $20,000.00
201023 Java Connections, LLC $89,785.00
200789 Florida Sidewalk Solutions, LLC $21,590.18
200554 FL Technical Consultants, LLC $11,130.00
How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists
departments in timely procurement of commodities, services, and personal property. Administrative controls
are in place with the development of a special processing form titled "Request for Purchases over $10,000"
and each purchase request is reviewed and approved by the Department Director, Finance Department, and
City Manager.
Fiscal Impact: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining
processes within the organization. This allows administration to maintain internal controls for these
purchases, reduce the administrative overhead of processing for approval, and allow for making more timely
purchases.
Page 36 of 670
Alternatives: None
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Attachment Attachment
Page 37 of 670
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
' . FOR March 2020
1. Vendor: Anzco, Inc. Purchase Amount: $24,250.00
Requesting Department: Police Contact Person: Zeneta Stafford
Date: 3/2/2020
Brief Description of Purchase:
Installation of impact windows and new door at the Police Department's pistol range.
Source for Purchase: Bid#018-2511-18/IT Fund Source: 001-2110-521-49-17
Task Order F-18-2020 001-2112-521-49-17
691-5000-590-01-29
2. Vendor: Protect Video, Inc. Purchase Amount: $10,334.00
Requesting Department: Police Contact Person: Zeneta Stafford
Date: 3/2/2020
Brief Description of Purchase:
For six security cameras that will be used in major investigations,special events,and other public safety platforms.
Source for Purchase: Three Quotes Fund Source: 001-2112-521-6415
3. Vendor: Govdirect, Inc. Purchase Amount: $29,366.40
Requesting Department: Police Contact Person: Zeneta Stafford
Date: 3/4/2020
Brief Description of Purchase:
To purchase 10 Panasonic Toughbook laptops with docking stations.
Source for Purchase: Minnesota State Contract ESCA-NASPO Fund Source: 001-2112-521-64-15
MNWNC-124
4. Vendor: Key Trak Purchase Amount: $24,891.95
Requesting Department: Utilties Contact Person: Melissa Roberts
Date: 3/13/2020
Brief Description of Purchase:
Key Trak Guardian VSP+VSP 64 Key System to monitor the department's keys and their individual use via a touch screen,fingerprint ID
system.
Source for Purchase: Sole Source Fund Source: 401-2821-536-64-15
5. Vendor: Transystems Corp. Purchase Amount: $28,900.00
Requesting Department: Public Works Contact Person: Adrianna Arencibia
Date: 3/16/2020
Brief Description of Purchase:
To prepare a life cycle plan for two bridges in Boynton Beach-one located at Mission Hill Rd. (No. 935305)and SW 22nd Way(No. 935306).This
will include structure inspection and rehabilitation.
Source for Purchase: Contract#C-A548 Fund Source: 303-4906-541-63-22
Project#TR0903
Page 1 Page 38 of 670
6. Vendor: Management Learning Labs Purchase Amount: $16,500.00
Requesting Department: Recreation &Parks Contact Person: Sherri Claude
Date: 3/16/2020
Brief Description of Purchase:
For a Departmental Needs Assessment Survey.
Source for Purchase: Three Quotes Fund Source: 001-2710-572-49-17
7. Vendor: Dell Marketing Purchase Amount: $14,651.50
Requesting Department: Police Contact Person: Zeneta Stafford
Date: 3/20/2020
Brief Description of Purchase:
For the purchase of 15 new Dell laptops to replace existing Panasonic laptops and to decommission Windows 7 computers.
Source for Purchase: Minnesota State Contract WSCA-NASPO Fund Source: 001-2112-521-64-15
Contract#43211500-WSCA-15-ACS 001-2110-521-64-15
8. Vendor: EES Design, LLC Purchase Amount: $20,556.25
Requesting Department: City Manager Contact Person: Debby Coles-Dobay
Date: 3/24/2020
Brief Description of Purchase:
For the installation of Ralfonso's Reflections sculpture at Town Square.
Source for Purchase: Sole Source Fund Source: 151-2611-579-67-01
9. Vendor: Gall's LLC Purchase Amount: $50,000.00
Requesting Department: Warehouse Contact Person: Michael Dauta
Date: 3/27/2020
Brief Description of Purchase:
For the purchase of 10,000 3M N95 masks.
Source for Purchase: Three Quotes Fund Source: 502-0000-141-01-00
Project#EM2001
10. Vendor: SPX Flow US, LLC Purchase Amount: $30,926.00
Requesting Department: Utilities Contact Person: Melissa Roberts
Date: 3/30/2020
Brief Description of Purchase:
For a replacement motor for MIEX Regen Tanks and Contactors
Source for Purchase: Single Source Fund Source: 403-5000-533-65-02
Project#WTR017
11. Vendor: All Traffic Solutions Purchase Amount: $29,498.00
Requesting Department: Warehouse Contact Person: Jen Paciello
Date: 3/31/2020
Brief Description of Purchase:
For 10 speed displays to be installed at various streets.
Source for Purchase: Three Quotes Fund Source: 001-2512-541-6402
Page 2 Page 39 of 670
12 Vendor: Safe 4 Play, LLC Purchase Amount: $20,000.00
Requesting Department: Facilities Contact Person: Gail Mootz
Date: 3/31/2020
Brief Description of Purchase:
For the removal of existing PIP surfacing and stone in use zone areas needing proper depth and installation of mulch surfacing.
Source for Purchase: Three Quotes Fund Source: 303-4235-572-62-01
Project#RP1829
13 Vendor: Java Connections, LLC Purchase Amount: $89,785.00
Requesting Department: Library Contact Person: Craig Clark
Date: 3/31/2020
Brief Description of Purchase:
For the purchase of two Laptops Anytime kiosks that hold 18 devices each for adult and teen services.
Source for Purchase: Sole Source Fund Source: 105-3221-513-64-15
Page 3 Page 40 of 670
6.C.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Accept second quarter report on operations of the Schoolhouse
Children's Museum and Learning Center for FY 19/20.
Explanation of Request:
Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall
submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a
regularly scheduled Commission meeting.
Report covers January 1, 2020 through March 31, 2020.
How will this affect city programs or services? None
Fiscal Impact:
Alternatives: No not accept the report.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type Description
D Attachment SCM 2nd 02uarter Report FY19/20
Page 41 of 670
Schoolhouse Children's
Quarterly Report
FY '19/'20
Z"uQuarter
General Operations
Prior tothe Museum closing on March 1S'^for safety and health concerns due to [OV|D-19, the
second quarter was on track for a very positive outcome with increases in Visitation, Program
Income, Party and Facilities Income, Individual Giving and Non-Government Grant Income.
Membership Dues Income was slightly lower than the same period the previous year, primarily
because Membership sales were very strong in the first quarter of this year.
Revenue
Despite the interruption in business, during a typically busy spring break period, Gross Revenue for
the second quarter of'19/'20 was only .001% lower than the same period the previous year.
Excluding the City's support, income from operations, including fundraising for FY '19/'20—Q2 was
$118,156 vs. $118,284inFY '18/'19—Cl3.
Expenses
Overall Expenses for the second quarter of'19/'20 were lower by 5.7%when compared tothe
same period last year. Expenses for FY ~1q/ ZO—Q2were $112,888vs. $119,719inFY '18/ 19—Q2.
Programming
In addition to regular educational programming and group visits, the following special events and
programs were conducted.
January
� January 1^`— New Year's Day— Museum Closed
w
January 2"'— Decorate a Holiday Picture Frame
m
January 3m—The Science ofSnow
m
January 13`,—Focused Field Trip
m
January 1711 Fabu|ouaFunFriday— FriendahipOay
w
January 3O`^- INCA Meeting
w
January 271h Focused Field Trip
m
January Z8`^—ZUZ0Resource Fair PREvent
w
January ]1^`— Fabulous Fun Friday— Hot Chocolate Day
February
Page 42Of670
• February 3,1— Focused Field Trip
• February St"— Nias Foundation Funded—Art of the Story
February 6th—Focused Field Trip
• February 6th— Magic Wheels & Special Deals— PR Event
• February 10th— Focused Field Trip
• February 121h —Nias Foundation Funded—Art of the Story
February 1311 —Nias Foundation Funded —Art of the Story
• February 141h— Fabulous Fun Friday—Valentine's Day
February 1711— Focused Field Trip
February 16th —Nias Foundation Funded—Art of the Story
• February 241h— Focused Field Trip
• February 241h— INCA Meeting
• February 2611 —Nias Foundation Funded —Art of the Story
• February 271h —Nias Foundation Funded —Art of the Story
• February 281h— Fabulous Fun Friday— Happy Birthday Dr. Seuss
March
• March 2^1— Focused Field Trip
March 2nd — Nias Foundation Funded — Museum-on-the-Go
• March 3r1 — Nias Foundation Funded —Museum-on-the-Go
March 41h — Nias Foundation Funded —Art of the Story
March 51h — Nias Foundation Funded —Art of the Story
• March 61h—Nias Foundation Funded — Museum-on-the-Go
March 61h—Art In Bloom Reception 5pm —7pm
• March 71h—Art in Bloom 10—4pm
March gth—Focused Field Trip
• March 11th — Nias Foundation Funded —Art of the Story
March 121h — Nias Foundation Funded —Art of the Story
• March 12th— Nias Foundation Funded— Museum-on-the-Go
March 13th— Nias Foundation Funded— Museum-on-the-Go
March 161h—31St Museum Closed—all programming and events (8) cancelled
Respectfully submitted,
Suzanne Ross
Executive Director
Page 43 of 670
6.D.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-033-Authorize the Mayor to sign
FPL easement forms for new street lighting associated with the Town Square project.
Explanation of Request:
As part of the construction process for Town Square site improvements it is necessary to execute and record
a utility easement with FPL to provide street lights.
Attached is a copy of the FPL easement form and a sketch and legal for each location (Exhibit"A1 &A2",
"B1 & 132", and "C11" & "U").
How will this affect city programs or services? FPL street lights are required to complete the Town
Square site improvements.
Fiscal Impact: Budgeted There are no costs associated with approval of the easement.
Alternatives: None
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
Page 44 of 670
ATTACHMENTS:
Type Description
D Resolution Resolution approving three (3) FPL Easements
for Street Lighting at To Square
D Exhibit E)diibitAl - FPL Easement Form
D Exhibit ExIiibitA2 - Sketch and Legal
D Exhibit ExIiibit E1 - FPL Easement Form
D Exhibit ExIiibit E2 - Sketch and Legal
D Exhibit ExIiibit C1 - FPL Easement Form
D Exhibit ExIiibit C2 - Sketch and Legal
Page 45 of 670
1 RESOLUTION R20-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
5 SIGN THREE (3) FPL EASEMENTS FOR NEW STREET
6 LIGHTING ASSOCIATED WITH THE TOWN SQUARE
7 PROJECT; AND PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, as part of the construction process for the Town Square site
10 improvements it is necessary to execute and record three (3) utility easements with FPL to
11 provide street lights.
12 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
13 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
14 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
15 being true and correct and are hereby made a specific part of this Resolution upon adoption
16 hereof.
17 Section 2. The City Commission of the City of Boynton Beach, Florida does
18 hereby approve and authorize the Mayor to sign three (3) Easements to FPL to provide street
19 lighting as part of the construction process for Town Square, copies of which are attached
20 hereto as Exhibits "A", "B" and"C".
21 Section 3. This Resolution will become effective immediately upon passage.
22 PASSED AND ADOPTED this day of May, 2020.
23 CITY OF BOYNTON BEACH, FLORIDA
24 YES NO
25
26 Mayor— Steven B. Grant
27
28 Vice Mayor — Ty Penserga
29
30 Commissioner—Justin Katz
31
32 Commissioner—Woodrow L. Hay
33
34 Commissioner— Christina L. Romelus
35
36 ATTEST: VOTE
37
38
39 Crystal Gibson, MMC
40 City Clerk
41
42 (Corporate Seal)
S:ACA\RESO\Utility Easement(Street Lighting-TS)-Reso.Docx
Page 46 of 670
Work Request No. EASEMENT
Sec.28, Twp 45 S, Rge 43 E (BUSINESS)
This Instrument Prepared By
Parcel I.D. 08434528480060000 Name: Chris Ware
(Maintained by County Appraiser) Co. Name: The Haskell Company
Form 3722(Stocked)Rev.6/11 Address: 111 Riverside Avenue
Jacksonville, FL 32202
pg 1 of 11
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage, as well as, the size of and remove such facilities or any of them within
an easement described as follows: Reserved for clrcuft court
See Exhibit"A"("Easement Area")
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement
and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times;
the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim
and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further
grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement
Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement
Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_.
Signed, sealed and delivered in the presence of:
Entity name City of Boynton Beach
(Witness'Signature) By:
Print Name:
(Witness) Print Name: Steven B. Grant, Mayor
Print Address: P.O. Box 310
(Witness'Signature) Boynton Beach, FL 33435
Print Name:
(Witness)
STATE OF Florida AND COUNTY OF Palm Beach The foregoing instrument was acknowledged
before me this day of 20_, by , the
of a who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public,Signature
Print Name
Page 47 of 670
rHEREBY CERTIFY THAT THE ATTACHED SKETCH AND
ESCRIPTION OF THE HEREON DESCRIBED PROPERTY
S TRUE AND CORRECT TO THE BEST OF MY
NOWLEDGE AND BELIEF AS PREPARED UNDER MY
DIRECTION. I FURTHER CERTIFY THAT THIS SKETCH
AND DESCRIPTION MEETS THE STANDARDS OF
PRACTICE SET FORTH IN CHAPTER 5J-17.050
THROUGH 5J-17.052, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
j NSE' G tom:
5888 pt P
=� STATE OF i a
;s FLORIDA
�,SURVEVOP
DAVID A. BOWER
PROFESSIONAL SURVEYOR & MAPPER
STATE OF FLORIDA
CERTIFICATE NO. LS 5888
DESCRIPTION:
A variable width strip of land lying within a portion of Parcel 6, BOYNTON BEACH
TOWN SQUARE, according to the plat thereof as recorded in Plat Book 127, Pages 1
though 5 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows.-
BEGINNING
ollows:BEGINNING at the most Westerly Northwest corner of said Parcel 6; thence North
44°04'15" East along the Northwesterly line of said Parcel 6, a distance of 27.98 feet
to a point being on a line lying 20.00 East of and parallel with (As measured at
right angles) the West line of said Parcel 6;
Thence South 01°33'51" East along said parallel line, a distance of 30.00 feet;
Thence South 06°48'57" East, a distance of 131.10' to a point being on a line lying
32.00 East of and parallel with (As measured at right angles) the West line of said
Parcel 6;
Thence South 01`33'51" East along said parallel line, a distance of 31.54 feet;
Thence South 84°18'57" East, a distance of 52.74 feet;
Thence South 01`05'25" West, a distance of 47.90 feet;
DESCRIPTION CONTINUES ON SHEET 2 OF 10
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 1 OF 1
Page 48 of 670
DESCRIPTION (CONTINUED):
Thence South 15`42'18" West, a distance of 18.51 feet to a point being on a line
lying 37.00 North of and parallel with (As measured at right angles) the South line
of said Parcel 6;
Thence North 89°42'10" East along said parallel line, a distance of 135.77 feet;
Thence North 75°54'02" East, a distance of 104.79 feet to a point being on a line
lying 62.00 feet North of and parallel with (As measured at right angles) the South
line of said Parcel 6;
Thence North 89°42'10" East along said parallel line, a distance of 72.11 feet;
Thence South 73°43'09" East, a distance of 49.66 feet;
Thence North 89`42'10" East, a distance of 76.45 feet to a point being on the East
line of said Parcel 6;
Thence South 01`22'44" East along the East line of said Parcel 6, a distance of
10.00 feet;
Thence South 89`42'10" West, a distance of 78.10 feet;
Thence North 73°43'09" West, a distance of 49.66 feet to a point being on a line
lying 52.00 feet North of and parallel with (As measured at right angles) the South
line of said Parcel 6;
Thence South 89`42'10" West along said parallel line, a distance of 69.44 feet;
Thence South 75°54'02" West, a distance of 104.79 feet to a point being on a line
lying 27.00 feet North of and parallel with (As measured at right angles) the South
line of said Parcel 6;
Thence South 89°42'10" West along said parallel line, a distance of 213.38 feet to a
point being on the West line of said Parcel 6 and hereinafter referred to as
Reference Point "A";
Thence North 01°33'51 " West (As a basis of bearings) along the West line of said
Parcel 6, a distance of 253.04 feet to the POINT OF BEGINNING.
DESCRIPTION CONTINUES ON SHEET 3 OF 10
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
L
Business Park Way * Suite Bl Palm Beach, Florida 33411 DRAWN: MTSCALE: N/A DATE:03/19/20
561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# i8-102-3 sos SHEET: 2 OF 1
Page 49 of 670
DESCRIPTION (CONTINUED):
LESS AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
COMMENCING at the aforesaid Reference Point "A"; Thence North 01`33'51" West along
the West line of said Parcel 6, a distance of 14.00 feet to a point being on a line
lying 41.00 feet North of and parallel with (As measured at right angles) the South
line of said Parcel 6;
Thence North 89°42'10" East along said parallel line, a distance of 17.08 feet to the
POINT OF BEGINNING;
Thence continue North 89`42'10" East along said parallel line, a distance of 50.37
feet;
Thence North 15`42'18" East, a distance of 15.98 feet;
Thence North 01'11 '02" East, a distance of 37.35 feet;
Thence North 84`18'57" West, a distance of 48.92 feet;
Thence South 06°42'00" West, a distance of 58.23 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in Section 28, Township 45 South, Range 43 East,
City of Boynton Beach, Palm Beach County, Florida.
Containing 12,843 square feet more or less.
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN:
MT SCALE: N/A DATE:o3/ 9/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB J06# 18-102-3 SD9 SHEET: 3 OF 1
Page 50 of 670
LBOYNTOIN BEACH BLVD
W OCEAN AVENUE
SW IST!TATVENUE
C
Q
Ln THIS SKETCH
Ww Q0
Q Cn Q Q
Cn Cn Of U) [if CLI
w Ld
Q U 0
~ w w W W
z U Z
WOOLBRIGHT ROAD
LOCATION MAP (FOR REFERENCE ONLY)
NOT TO SCALE
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 4 OF 1
Page 51 of 670
SURVEYOR'S NOTES:
1 . BEARINGS DEPICTED HEREON ARE RELATIVE TO THE WEST LINE OF PARCEL 6 OF
THE PLAT OF BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 127, PAGE 1 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA. SAID LINE HAVING A BEARING OF NORTH 01`33'51" WEST.
2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE
INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY,
SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS
INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS.
SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH
APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD.
4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB
#6599, THE CERTIFYING SURVEYORS (DAVID A. BOWER) LICENSE NUMBER IS LS
#5888.
5. THIS IS NOT A SURVEY.
PLAT LEGEND:
(P1) PLAT OF SAWYER'S ADDITION
TO THE TOWN OF BOYNTON
(P.B. 1, PG 69, P.B.C.R.)
(P2) BOYNTON HEIGHTS
(P.B. 6, PG 5, P.B.C.R.)
(P3) BOYNTON HEIGHTS ADDITION
(P.B. 10, PG 64, P.B.C.R.)
(P4) BOYNTON BEACH TOWN SQUARE
(P.B.127, PGS 1-5, P.B.C.R.)
LEGEND:
= CENTERLINE
LB = LICENSED BUSINESS
LS = LICENSED SURVEYOR
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
P.B. = PLAT BOOK
P.B.C.R. = PALM BEACH COUNTY RECORDS
RING = RANGE
R/W = RIGHT—OF—WAY
R.P.B. = ROAD PLAT BOOK
SEC = SECTION
TWIN = TOWNSHIP
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 5 OF 1
Page 52 of 670
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wcoo n
V U r7 U N1 QCn
C'dd OOa > N Z
J m J m W O r w PARCEL 5
J `nN < LLJ
(P4)
� "N cD
0 ,1o Q
CD 0.Ln
Z CD 3: DESCRIBED AREA
O E o CONTAINING 12,843 SQUARE
Q U o Y FEET MORE OR LESS
U C J
Qry
W
W �
ry
O
L�
W OCEAN AVENUE
E OCEAN AVENUE
N 44'04'15" E 27.98' TRACT R2
POINT OF BEGINNING (P4)
MOST WESTERLY NORTHWEST
CORNER OF PARCEL 6 (P4)
NORTHWESTERLY LINE OF PARCEL 6
PARCEL 6 (P4)
o S 01'33'51" E 30.00' (P4)
L c 20.00'
LOT
BLOCK56
3: o)
rn) ADDITIONAL R/W
(P2) (O.R.B. 2797, PG. 1474, P.B.C.R.)
CD 3
WEST LINE OF PARCEL 6 (P4)
m N o CO (BASIS OF BEARINGS)
M
o o N S 06°48'57" E 131.10'
MATCHLINE— SEE SHEET 7 OF 10
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 6 OF 1
Page 53 of 670
MATCHLINE- SEE SHEET 6 OF 10
LOT 5
BLOCK 6 WEST LINE OF PARCEL 6 (P4) I
(P2) I (BASIS OF BEARINGS) PARCEL 6
m (P4)
(040
L ADDITIONAL R/W
ALLEY (P2) a 00 (O.R.B. 2797, PG. 1474, P.B.C.R.)
o CD a- S 06'48'57" E 131.10'
LOT 122 CO 0_
BLOCK 12 I
(P3) 00
°o S 01'33'51" E 31.54'
Lor 23 m 32.00' LL.
BLOCK 12 7, �° S 84'18'57" E O
74
. ' 100
(P3) � � o _ 52 N 89'42'10" E
QCn LO
LOT 24 > w M � 135.77 =
BLOCK 12 W o _ N I
(P3) J �' G' p ?� O
n N LI O � I W
LOT 25 m < Oj Q Z Ln r- N
BLOCK 12 Oz C14 't
(P3) -- z CCD 3: LO I L J
C O E 0 w Z
Ld O J
LOT 26 U�� � J aLLJ N 12
BLOCK 12
12 Qw z 10.00'LLJ H
w '-5w o S 15'4218 W
11� � 18.51'
SW 1ST AVENUE
_ 24' PUBLIC INGRESS/EGRESS EASEMENT �
(FORMERLY KNOWN AS JESSAMINESTREET) (P4)
DESCRIBED AREA
CONTAINING 12,843 SOUTH LINE of 27.00'
SQUARE FEET PARCEL 6 (P4) S 89'42'10" W
BLOT 116 MORE OR LESS SOUTHWEST CORNER PARCEL 7 213.38'
(P3) \ OF PARCEL 6 (P4)
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 7 OF 1
Page 54 of 670
IPARCEL 6
O I (P4) 10
LL-
0I 10
I DESCRIBED AREA
CONTAINING 12,843 SQUARE
= I FEET MORE OR LESS I =
N N 89'42'10" E N
N I 72.11' I N
N 75'54'02" E
I 104.79' 10.00' I
Z N 89'42'10" E - - ° Z
135.77' ° - °
Q 10.00' Q
c° S 75'54'02" W 52.00'
�o 104.79'
24' PUBLIC INGRESS/EGRESS EASEMENT
(P4)
'°
27.00' SOUTH LINE OF
S 89'42'10" W PARCEL 7 PARCEL 6 (P4)
213.38 (P4) S 89'42'10" W
I 69.44'
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 8 OF 1
Page 55 of 670
i
WEST LINE OF LOT 1, BLOCK 15 (P1) � ^
U� Cj r1
zm Y
LJ 0_ U
O
I w Q 00 m
Q 0_ _
PARCEL 6 J Q
(P4)
O o J
Q -
0- zCi >-
J
00
LL Oo ) Li
EAST LINE OF PARCEL 6 (P4) °' o
00 IU
DESCRIBED AREA o "
w CONTAINING 12,843 SQUARE
= I FEET MORE OR LESS
N I N 89'42'10" E
72.110.00' S 73'43'09" E "
w - - 49.66' N 89'42'10" E S 01'22 44 E
�° 76.45' 10.00'
U �d" ' - - 20' (P1)
Q _
52.00' N 73'43'09" W S 89'42'10" W
I 49.66' 78.10' SE 1ST AVENUE
24' PUBLIC INGRESS/EGRESS EASEMENT I
(P4) (FORMERLY KNOWN AS
°° I i JESSAMINE STREET)
S 89.42'10" W SOUTH LINE OF
69.44, PARCEL 7 PARCEL 6 (P4)
I (P4)
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 9 OF 1
Page 56 of 670
DESCRIBED AREA
LOT 5 CONTAINING
BLOCK 6 12,843 SQUARE
(P2) c_i FEET MORE OR
LESS
m
ADDITIONAL R/W
ALLEY (P2) a 00 (O.R.B. 2797, PG. 1474, P.B.C.R.)
o CD a-
PARCEL 6
LOT 22 00 0_ (P4)
BLOCK 12 O
(P3) 00
m N
LOT 23 I m S 06'42'00" W
BLOCK 12 w 58.23'
(P3) Q o w w w U N 84'18'57" W
oc v = Q 48.92'
� � W< Q z �
Q U, zap z � -
LOT 24 > N Z W Z Z 0-
BLOCK 12 LLJ Q w 0_ O W U
(P3) J N G' 0- O_ m X G��
Un N o v x L� Q� N 01"11'02" E
LJ
LOT 25
m s, o Q o W O �Q 37.35'
BLOCK 12 O CD ~ z Z_ n +G��
(P3) Z O �' Z(n "
L� O J
Cn �o F 0 aJ � a4Y
Q o Y g&1
LOT 26 U Cn J ly5 41.00'-
(P
1.00' N 15'42'18" E
BLOCK 12 � ,
(P3) Q � __ 15.98
U� o N 89'42'10" E
50.37'
SW 1ST AVENUE N 89'42'10" E 24' PUBLIC
17.08' INGRESS/EGRESS EASEMENT
(FORMERLY KNOWN AS JESSAMINE STREET) N 01`33'51" W (P4)
14.00'
SOUTHWEST CORNER
LOT 17 OF PARCEL 6 SOUTH LINE OF
BLOCK 16 PARCEL 7 PARCEL 6 (P4)
(P3) (P4)
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:03/19/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD9 SHEET: 10 OF 10
Page 57 of 670
Work Request No. EASEMENT
Sec.28, Twp 45 S, Rge 43 E
BUSINESS
08434528480050000& This Instrument Prepared By
Parcel I.D.08434528480040000 Name: Chris Ware
(Maintained by County Appraiser) Co. Name: The Haskell Company
Form 3722(Stocked)Rev.6/11 Address: 111 Riverside Avenue
Jacksonville, FL 32202
pg 1 of 13
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage, as well as, the size of and remove such facilities or any of them within
an easement described as follows: Reserved for clrcuft court
See Exhibit"A"("Easement Area")
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement
and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times;
the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim
and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further
grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement
Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement
Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_.
Signed, sealed and delivered in the presence of:
Entity name City of Boynton Beach
(Witness'Signature) By:
Print Name:
(Witness) Print Name: Steven B. Grant, Mayor
Print Address: P.O. Box 310
(Witness'Signature) Boynton Beach, FL 33435
Print Name:
(Witness)
STATE OF Florida AND COUNTY OF Palm Beach The foregoing instrument was acknowledged
before me this day of 20_, by , the
of a who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public,Signature
Print Name
Page 58 of 670
rHEREBY CERTIFY THAT THE ATTACHED SKETCH AND
ESCRIPTION OF THE HEREON DESCRIBED PROPERTY
S TRUE AND CORRECT TO THE BEST OF MY
NOWLEDGE AND BELIEF AS PREPARED UNDER MY
DIRECTION. I FURTHER CERTIFY THAT THIS SKETCH
AND DESCRIPTION MEETS THE STANDARDS OF
PRACTICE SET FORTH IN CHAPTER 5J-17.050
THROUGH 5J-17.052, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
j NSE' G tom:
5888 pt P
=� STATE OF i a
;s FLORIDA
�,SURVEVOP
DAVID A. BOWER
PROFESSIONAL SURVEYOR & MAPPER
STATE OF FLORIDA
CERTIFICATE NO. LS 5888
DESCRIPTION:
A variable width strip of land lying within a portion of Parcels 4 & 5, BOYNTON
BEACH TOWN SQUARE, according to the plat thereof as recorded in Plat Book 127,
Pages 1 through 5 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows.-
BEGINNING
ollows:BEGINNING at the Southernmost Southwest corner of said Parcel 5;
Thence North 45°55'45" West along the Southwest line of said Parcel 5, a distance
of 28.60 feet to a point being on a line lying 20.00 feet North of and parallel with
(as measured at right angles) the South line of said Parcel 5;
Thence North 89`42'21" East along said parallel line, a distance of 115.88 feet;
Thence North 01'48'26" East, a distance of 96.06 feet;
Thence North 82°32'51" West, a distance of 11.12 feet;
Thence North 75`30'45" West, a distance of 0.62 feet to a point being on the arc of
a circular curve to the right whose radius point bears North 14°29'15" East from said
point;
Thence Northerly and Westerly along the arc of said curve having a radius of 42.00
feet, a central angle of 38°49'12", for a distance of 28.46 feet;
DESCRIPTION CONTINUED ON SHEET 2 OF 12
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
LRoyal
Business Park Way * Suite B Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/01/20
561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB J06# 18-102-3 SD10 SHEET: 1 OF 12
Page 59 of 670
DESCRIPTION (CONTINUED):
Thence South 89`44'41" West, a distance of 81.65 feet to a point being on a line
lying 10.00 feet East of and parallel with (as measured at right angles) the West line
of said Parcel 5;
Thence South 01°33'51 " East along said parallel line, a distance of 87.22 feet;
Thence South 88°26'09" West, a distance of 10.00 feet to a point being on the West
line of said Parcel 5;
Thence North 01`33'51" West, a distance of 97.45 feet to a point hereinafter referred
to as Reference Point "A'
Thence continue North 01 °33'51 " West, a distance of 29.50 feet to a point hereinafter
referred to as Reference Point `B'
Thence continue North 01°33'51" West, a distance of 80.22 feet to the point of
curvature of a circular curve to the right;
Thence Northerly and Easterly along the arc of said curve having a radius of 20.00
feet, a central angle of 91'18'02'3, for a distance of 31.87 feet to the Northernmost
Northwest corner of said Parcel 5;
Thence North 89`44'11" East along the North line of said Parcel 5, a distance of
81 .48 feet;
Thence South 00`42'32" West, a distance of 16.92 feet;
Thence South 02°50'26" West, a distance of 41 .95 feet;
Thence South 00°42'32" West, a distance of 8.68 feet;
Thence North 89`44'29" East, a distance of 14.48 feet;
Thence North 75`52'56" East, a distance of 124.49 feet;
Thence South 14`07'04" East, a distance of 10.00 feet;
Thence South 75`52'56" West, a distance of 125.70 feet;
Thence South 89`44'29" West, a distance of 15.86 feet;
DESCRIPTION CONTINUED ON SHEET 3 OF 12
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
L
Business Park Way * Suite Bl Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/01/20
561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB J06# 18-102-3 SD10 SHEET: 2 OF 12
Page 60 of 670
DESCRIPTION (CONTINUED):
Thence South 00`42'32" West, a distance of 47.78 feet to a point being on the arc
of a circular curve to the left whose radius point bears North 71 '25'49" East from
said point;
Thence Southeasterly along the arc of said curve having a radius of 32.00 feet, a
central angle of 56°56'34", for a distance of 31 .80 feet;
Thence South 82`32'51" East, a distance of 34.70 feet;
Thence North 89`46'58" East, a distance of 3.87 feet;
Thence South 00°00'00" East, a distance of 10.00 feet;
Thence South 89°46'58" West, a distance of 4.50 feet;
Thence North 82`32'51 " West, a distance of 14.82 feet;
Thence South 01`48'26" West, a distance of 18.41 feet;
Thence North 89`56'07" East, a distance of 16.84 feet;
Thence South 00°03'53" East, a distance of 12.00 feet;
Thence South 89°56'07" West, a distance of 17.24 feet;
Thence South 01`48'26" West, a distance of 74.29 feet to a point being on a line
lying 10.00 feet North of and parallel with (as measured at right angles) the South
line of said Parcel 5;
Thence South 89°42'21 " West along said parallel line, a distance of 105.51 feet;
Thence South 02`49'59" East, a distance of 10.01 feet to the POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM THE FOLLOWING THREE DESCRIBED PARCELS OF LAND:
PARCEL "A"
Commencing at the aforesaid Reference Point "A';
Thence North 89`44'41" East, a distance of 10.00 feet to a point being on a line
lying 10.00 feet East of and parallel with (as measured at right angles) the West line
of said Parcel 5 and the POINT OF BEGINNING;
DESCRIPTION CONTINUED ON SHEET 4 OF 12
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB J06# 18-102-3 SD10 SHEET: 3 of 12
Page 61 of 670
( DESCRIPTION (CONTINUED):
Thence North 01°33'51" West along said parallel line, a distance of 13.38 feet;
Thence North 36°46'48" East, a distance of 49.22 feet;
Thence N89`44'29" East, a distance of 46.75 feet;
Thence South 00`42'32" West, a distance of 49.20 feet to a point being on the arc
of a circular curve to the left whose radius point bears North 73°54'01" East from
said point;
Thence Southerly and Easterly along the arc of said curve having a radius of 42.00
feet, a central angle of 05`00'03", for a distance of 3.67 feet;
Thence South 89`44'41 " West, a distance of 76.42 feet to the POINT OF BEGINNING.
PARCEL `B"
Commencing at the aforesaid Reference Point `B'
Thence North 89'44'41 " East, a distance of 10.00 feet to a point being on a line
lying 10.00 feet East of and parallel with (as measured at right angles) the West line
of said Parcel 5 and the POINT OF BEGINNING;
Thence North 01°33'51" West along said parallel line, a distance of 80.45 feet to the
point of curvature of a circular curve to the right;
Thence Northerly and Easterly along the arc of said curve having a radius of 10.00
feet, a central angle of 91'18'02", for a distance of 15.94 feet;
Thence North 89`44'11" East, a distance of 60.25 feet;
Thence South 36°46'48" West, a distance of 113.57 feet to the POINT OF BEGINNING.
PARCEL "C"
Commencing at the aforesaid Reference Point "C'
Thence North 87`09'34" West, a distance of 10.00 feet to the POINT OF BEGINNING;
Thence South 02`50'26" West, a distance of 42.13 feet;
Thence South 00°42'32" West, a distance of 9.03 feet;
Thence South 89°44'29" West, a distance of 39.37 feet;
DESCRIPTION CONTINUED ON SHEET 5 OF 12
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 4 of 12
Page 62 of 670
DESCRIPTION (CONTINUED):
Thence North 36`46'48" East, a distance of 69.53 feet;
Thence South 00°42'32" West, a distance of 4.39 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in Section 28, Township 45 South, Range 43 East,
City of Boynton Beach, Palm Beach County, Florida.
Containing 11,329 square feet, more or less.
SURVEYOR'S NOTES:
1. BEARINGS DEPICTED HEREON ARE RELATIVE TO THE SOUTHWEST LINE OF PARCEL 5
BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 127, PAGE 1 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. SAID LINE BEING MONUMENTED AND HAVING A BEARING OF NORTH
45`55'45" WEST.
2. THIS INSTRUMENT NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED
SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
3. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE
INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY,
SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS
INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS.
SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH
APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD.
4. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB
#6599, THE CERTIFYING SURVEYORS (DAVID A. BOWER) LICENSE NUMBER IS LS
#5888.
5. THIS IS NOT A SURVEY.
LEGEND: PLAT LEGEND:
= CENTERLINE (P1) BOYNTON BEACH TOWN SQUARE
CUE = CITY OF BOYNTON BEACH UTILITY EASEMENT (P.B. 127, PGS 1-5, P.B.C.R.)
O.R.B. = OFFICIAL RECORDS BOOK
LB = LICENSED BUSINESS
LS = LICENSED SURVEYOR
PG. = PAGE
P.B. = PLAT BOOK
P.B.C.R. = PALM BEACH COUNTY RECORDS
R/W = RIGHT—OF—WAY
R.P.B. = ROAD PLAT BOOK
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
LRoyal
Business Park Way * Suite B Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/01/20
561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 5 OF 12
Page 63 of 670
LBOYNTOIN BEACH BLVD
NE 1ST AVENUE
E OCEAN AVENUE C
Q
Ln THIS SKETCH
J W0
M w Q C7
0
Q U Cn J
I L,J I Q Q
Cn of U) [if CLI
w Ld
Q U 0
~ w w W W
z U Z
WOOLBRIGHT ROAD
LOCATION MAP (FOR REFERENCE ONLY)
NOT TO SCALE
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 6 OF 12
Page 64 of 670
MATCHLINE— SEE SHEET 8 OF 12
L-27 L-28
_ o L-7 L-29
C� w " of
m 00 z J 6 PARCEL 5 1 L-30
[-- w 10.00' (P1)
_ U� "
w o- ° L-3 L-31
ae � �
il
o CD M
C0 a_ N DESCRIBED AREA
LC; mL_8 CONTAINING 0.260
M n; L-8 MORE OR LESS PARCEL 4
dP1
n-; 10.00'-j
10.00, (PI)
SOUTHWEST LINE OF 10.00' °d
PARCEL 5 (P1) °°
(BASIS OF BEARINGS) L-1 L-33 L-32 °o
SOUTHERNMOST SOUTHWEST SOUTH LINE OF
CORNER OF PARCEL 5 (P1) PARCEL 5 (P1)
POINT OF BEGINNING E OCEAN AVENUE
w TRACT R2
D � (P1)
r
Q
N
w O } W
co fl Q W
J N : n-
cn N �I
O o 0 l cn
� z
U� LLJC o
J Qo _ Y PARCEL 6
U ~n I J (PI)
Q o
W � �
Cn 0
0
0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 7 OF 12
Page 65 of 670
PARCEL 1
(P1) 10' CUE (P1)
NORTHERNMOST NORTHWEST
CORNER OF PARCEL 5 (P1)
DESCRIBED AREA
CONTAINING LESS & EXCEPT 0.260 ACRES PARCEL CSEE SHEET 12 OF 12 NE IST AVENUE PARCEL 2
MORE OR LESS
NORTH LINE OF TRACT R1 (P1)
PARCEL 5 (P1)LLJ (P1)
n w C-2 L-12
ry � - . - IN
Q U'
> o } z L-13 I LL
w w
w roj � 0 REFERENCE
0O ,N I Gtvry CD POINT "C" Cn
oho Q � �
III a o Y -� �v}�v I L-15 L-17 w
U U b L-16 W
N
w LLJ
z <y`'`41 I
'-j L-19 I Z
C 0 w � J
� Q
2
m L-11 L-20 I Q
00 REFERENCE PARCEL 5 PARCEL 4
POINT "B" LESS & EXCEPT (P1) (P1)
PARCEL A
c� L-10 SEE SHEET 10 OF 12 L-21,
00 a_ ,- N 14'29'15" E
(RADIAL) I
00 REFERENCE /C-3
m N POINT "A" I N 71'25'49" E (RADIAL) L-22
L-23
10.00' L-6
° C-1 L-26 L-25
L-9 L-7 L-3 L-5 i L-24
L-4 L-27
MATCHLINE— SEE SHEET 7 OF 12
CURVE TABLE
CURVE NAME RADIUS LENGTH CENTRAL
ANGLE
C-1 42.00' 28.46' 38°49'12"
C-2 20.00' 31.87' 91°18'02"
C-3 32.00' 31.80' 56°56'34" 0 20' 40'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.netCHK: DAB JOB# 18-102-3 SD10 SHEET: 8 OF 12
Page 66 of 670
ILINE TABLE
LINE NAME BEARING DISTANCE
L-1 N 45`55'45" W 28.60'
L-2 N 89'42'21" E 115.88'
PARCEL 2 L-3 N 01'48'26" E 96.06'
I (P1) L-4 N 82'32'51" W 11.12'
L-5 N 75`30'45" W 0.62'
N I L-6 S 89'44'41" W 81.65'
L-7 S 01`33'51" E 87.22'
L�
L-8 S 88`26'09" W 10.00'
00 L-9 N 01`33'51" W 97.45
W L-17 - L-10 N 01`33'51" W 29.50
= I L-18
N L-11 N 01`33'51" W 80.22
W L-12 N 89`44'11" E 81.48'
Ld
N L-19 L-13 S 00`42'32" W 16.92'
L-14 S 02`50'26" W 41.95'
Z I DESCRIBED AREA L-15 S 00`42'32" W 8.68'
2 CONTAINING
0.260 ACRES L-16 N 89`44'29" E 14.48'
Q MORE OR LESS
L-17 N 75`52'56" E 124.49'
L-18 S 14`07'04" E 10.00'
IL-19 S 75`52'56" W 125.70'
PARCEL 4 L-20 S 89`44'29" W 15.86'
(P1)
L-21 S 00`42'32" W 47.78'
L-22 S 82°32'51" E 34.70'
L-23 N 89`46'58" E 3.87'
I L-24 S 00`00'00" E 10.00'
L-25 S 89`46'58" W 4.50'
L-26 N 82'32'51" W 14.82'
L-27 S 01'48'26" W 18.41'
L-28 N 89`56'07" E 16.84'
L-29 S 00`03'53" E 12.00'
L-30 S 89`56'07" W 17.24'
L-31 S 01`48'26" W 74.29'
0 20' 40' L-32 S 89°42'21" W 105.51'
L-33 S 02`49'59" E 10.01'
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
L
Business Park Way * Suite Bl Palm Beach, Florida 33411DRAWN: MT SCALE: 1"=40' DATE:04/01/20
561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 9 OF 12
Page 67 of 670
PARCEL 1
(P1) 10' CUE (P1)
DESCRIBED AREA
CONTAINING
0.260 ACRES NE IST AVENUE PARCEL 2
MORE OR LESS (P1)
TRACT R1
Q w (P1)
w
ry �
Q U�
W �� 3 �
:Dch N ) CD
, � C Q
M Q�
(17 �o
W QF--
F--U o W
U CncwnDO _j � �
Q o' W "
w z Ln
W � J
V 1 W
^� O W 0_' _ _
EE_
m L-36
m
00 PARr
L-35 L-37
(
o'
LESS & EXCEPT
�o PARCEL "A"
00 o_ �
0 10.00' �o L-34 C-4 '
`C REFERENCE _ _ N 73`54'01" E
POINT "A" L-38 (NON—RADIAL)
� m
POINT OF BEGINNING
LESS & EXCEPT
PARCEL "A"
N 89`44'41" E 10.00'
LINE TABLE
LINE NAME BEARING DISTANCE
L-34 N 01°33'51" W 13.38'
L-35 N 36'46'48" E 49.22'
L-36 N 89'44'29" E 46.75'
L-37 S 00'42'32" W 49.20'
L-38 S 89`44'41" W 76.42'
CURVE TABLE 0 20' 40'
CURVE NAME RADIUS LENGTH CENTRAL
ANGLE GRAPHIC SCALE IN FEET
C-4 42.00' 3.67' 05°00'03" SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:04/01 �12)
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 10 OF
Page 68 of 670
r) , I PARCEL 1
(P1) 10' CUE (P1)
DESCRIBED AREA
CONTAINING
0.260 ACRES NE IST AVENUE PARCEL 2
MORE OR LESS ( )
NORTH LINE OF TRACT R1 P1
PARCEL 5 (P1) (P1)
Q w
C-5 10.00
ry
Q U� �o
LLJ s QW - 7
N 3: I L-40
CD
N w
M Q
U w zo O _ L-39
LLJ aIo I Y oQAl
cn� 00 J w " GLV p
Q w zLn ��r0
LTJw
o W �� 2 L-41
A
Q�'
m co
m 10.00o
a
oo REFERENCE V PARCEL 5 PARCEL 4
POINT „B" (P1) (P1)
POINT OF BEGINNING
a c� LESS & EXCEPT
00 a
o PARCEL "B"
LC r)
00
O
N 89°44'41" E 10.00'
LINE TABLE
LINE NAME BEARING DISTANCE
L-39 N 01°33'51" W 80.45'
L-40 N 89`44'11" E 60.25'
L-41 S 36'46'48" W 113.57'
CURVE TABLE
CURVE NAME RADIUS LENGTH CENTRAL
ANGLE 0 20' 40'
C-5 10.00' 15.94' 91°18'02"
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD10 SHEET: 11 OF 12
Page 69 of 670
r) , I PARCEL 1
(P1) 10' CUE (P1)
DESCRIBED AREA
CONTAINING
0.260 ACRES NE IST AVENUE PARCEL 2
MORE OR LESS (P1)
TRACT R1
Q w (P1)
ry L-46
Q U'
W z N 87'09'34" W 10.00'
J roj � — REFERENCE
ch N i CD POINT "C"
m ,
o Q POINT OF BEGINNING
0 a) = z V�o N LESS & EXCEPT
U) w zo o �4j �}�V PARCEL ..C..
W Q
U (/1 Cn 00
QLLJ
W g
Ir-
0 L-44
ry O J
O m
m �
00
m PARCEL 5 PARCEL 4
.
(P1) (P1)
o'
d
00 n
C
Ln r)
00
O
LINE TABLE
LINE NAME BEARING DISTANCE
L-42 S 02'50'26" W 42.13
L-43 S 00'42'32" W 9.03
L-44 S 89'44'29" W 39.37
L-45 N 36'46'48" E 69.53 0 20' 40'
L-46 S 00'42'32" W 4.39
GRAPHIC SCALE IN FEET
SCALE: 1 " = 40'
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: 1"=40' DATE:04/01/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.netCHK: DAB JOB# 18-102-3 SD10 SHEET: 12 OF 12
Page 70 of 670
Work Request No. 4 EASEMENT
Sec.28, Twp 45 S, Rge 43 E (BUSINESS)
This Instrument Prepared By
Parcel I.D.08434528480010000 Name: Chris Ware
(Maintained by County Appraiser) Co. Name: The Haskell Company
Form 3722(Stocked)Rev.6/11 Address: 111 Riverside Avenue
Jacksonville, FL 32202
pg 1 of
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
licensees, agents, successors, and assigns ("FPL"), a non-exclusive
easement forever for the construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles,
guys, cables, conduits and appurtenant equipment) to be installed from time
to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage, as well as, the size of and remove such facilities or any of them within
an easement described as follows: Reserved for clrcuft court
See Exhibit"A"("Easement Area")
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement
and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times;
the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim
and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further
grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement
Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement
Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_.
Signed, sealed and delivered in the presence of:
Entity name City of Boynton Beach
(Witness'Signature) By:
Print Name:
(Witness) Print Name: Steven B. Grant, Mayor
Print Address: P.O. Box 310
(Witness'Signature) Boynton Beach, FL 33435
Print Name:
(Witness)
STATE OF Florida AND COUNTY OF Palm Beach The foregoing instrument was acknowledged
before me this day of 20_, by , the
of a who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of Identification)
My Commission Expires:
Notary Public,Signature
Print Name
Page 71 of 670
rHEREBY CERTIFY THAT THE ATTACHED SKETCH AND
ESCRIPTION OF THE HEREON DESCRIBED PROPERTY
S TRUE AND CORRECT TO THE BEST OF MY
NOWLEDGE AND BELIEF AS PREPARED UNDER MY
DIRECTION. I FURTHER CERTIFY THAT THIS SKETCH
AND DESCRIPTION MEETS THE STANDARDS OF
PRACTICE SET FORTH IN CHAPTER 5J-17.050
THROUGH 5J-17.052, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
David Q Digitally signed �sE
by David A Bower = 5888
Date:2020.04.15 STATE OF i
s FLORIDA
Ower 13:09:48-04'00'
SURVEiO
DAVID A. BOWER
PROFESSIONAL SURVEYOR & MAPPER
STATE OF FLORIDA
CERTIFICATE NO. LS 5888
DESCRIPTION:
A variable width strip of land lying within a portion of Parcel 1 , BOYNTON BEACH TOWN
SQUARE, according to the plat thereof as recorded in Plat Book 127, Pages 1 though 5
of the Public Records of Palm Beach County, Florida, being more particularly described
as follows:
BEGINNING at the most Westerly Southwest corner of said Parcel 1; Thence North
01`33'51" West along the West line of said Parcel 1, a distance of 194.09 feet;
Thence North 88°26'09" East, a distance of 7.50 feet to a point being on a line lying
7.50 feet East of and parallel with (As measured at right angles) said West line of
Parcel 1;
Thence South 01°33'51" East along said parallel line, a distance of 196.76 feet;
Thence South 45`54'50" East, a distance of 24.39' to a point being on the South line
of said Parcel 1;
Thence South 89°44'11" West along said South line, a distance of 5.01 feet to the point
of curvature of a circular curve to the right;
Thence Northerly and Westerly along the arc of said curve having a radius of 20.00, a
central angle of 88`41'58", for a distance of 30.96 feet to the POINT OF BEGINNING.
Said lands situate, lying and being in Section 28, Township 45 South, Range 43 East,
City of Boynton Beach, Palm Beach County, Florida.
Containing 1667 square feet more or less.
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/�4/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD11 SHEET: 1 OF 4
Page 72 of 670
LBOYNTOIN BEACH BLVD
SW IST AVENUE
Q
Ln THIS SKETCH
J W
M w Q C7
0
Q U Cn J
L,J I Q Q
Cn Cn of U) [if CLI
w Ld
Q U 0
~ w w W W
z U Z
JAL WOOLBRIGHT ROAD
LL-IF
LOCATION MAP (FOR REFERENCE ONLY)
NOT TO SCALE
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 3341 1 DRAWN: MT SCALE: N/A DATE:04/1 4/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD11 SHEET: 2 OF 4
Page 73 of 670
SURVEYOR'S NOTES:
1 . BEARINGS DEPICTED HEREON ARE RELATIVE TO THE WEST LINE OF PARCEL 1 OF
THE PLAT OF BOYNTON BEACH TOWN SQUARE, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 127, PAGE 1 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA. SAID LINE HAVING A BEARING OF NORTH 01`33'51" WEST,
AS DEPICTED ON SAID PLAT.
2. THE UNDERSIGNED MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE
INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS OF WAY,
SETBACK LINES, AGREEMENTS AND OTHER MATTERS, AND FURTHER, THIS
INSTRUMENT IS NOT INTENDED TO REFLECT OR SET FORTH ALL SUCH MATTERS.
SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH
APPROPRIATE TITLE VERIFICATION. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS OF WAY AND/OR EASEMENTS OF RECORD.
3. THE LICENSED BUSINESS NUMBER FOR DENNIS J. LEAVY & ASSOCIATES INC. IS LB
#6599, THE CERTIFYING SURVEYORS (DAVID A. BOWER) LICENSE NUMBER IS LS
#5888.
4. THIS IS NOT A SURVEY.
PLAT LEGEND:
(P1) BOYNTON HEIGHTS ADDITION
(P.B. 10, PG 64, P.B.C.R.)
(P2) BOYNTON BEACH TOWN SQUARE
(P.B.127, PGS 1-5, P.B.C.R.)
LEGEND:
q = CENTERLINE
CA = CENTRAL ANGLE
L = LENGTH
LB = LICENSED BUSINESS
LS = LICENSED SURVEYOR
O.R.B. = OFFICIAL RECORDS BOOK
PG. = PAGE
P.B. = PLAT BOOK
P.B.C.R. = PALM BEACH COUNTY RECORDS
R = RADIUS
R/W = RIGHT-OF-WAY
R.P.B. = ROAD PLAT BOOK
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
L
Business Park Way * Suite Bal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE:0E30F
4/20: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD11 SHEET: 4
Page 74 of 670
9.95' ADDITIONAL R/W
y (O.R.B. 1384, PG. 124, P.B.C.R.)
LOT 19 N 88'26'09" E 7.50'
BLOCK 4
(P1) 0 20' 40'
LOT 20 7.50'
BLOCK 4 GRAPHIC SCALE IN FEET
(P1) DESCRIBED AREA
CONTAINING 1667 SCALE: 1 " = 40'
LOT 21 SQUARE FEET
> MORE OR LESS
BLOCK 4 LL] r00CO Q PARCEL 1
(P1) � I N (P2)
O
Ln
LOT 22 m o S 01'33'51" E 196.76'
BLOCK 4 _ Q�
(P1) <o WEST LINE OF PARCEL 1 P2
Lv Qom _ ( )
ct� F--o o (BASIS OF BEARINGS)
LOT 23 U n m
BLOCK 4 Q
(P1) N 01'33'51" W 194.09'
�
LOT 24 9.95' ADDITIONAL R/W
BLOCK 4 (O.R.B. 2797, PG. 1474, P.B.C.R.)
(P1) c--3j
POINT OF BEGINNING
MOST WESTERLY SOUTHWEST
LOT 25 11� CORNER OF PARCEL 1 (P2)
BLOCK 4 o
(P1) °6
m S 45'54'50" E 24.39'
o_
LOT 26 o) � R = 20.00'
BLOCK 4 d CA = 88°41'58"
o d 0- L= 30.96'
LOT 27 00 o SOUTH LINE OF
BLOCK 4 00 PARCEL 1 (P2)
(P1) m N
� m
0
25' (P1) v S 89'44'11" W 5.01' 22.50' (P2)
NE 1ST AVENUE
TRACT R1 22.50' (P2)
25' (P1) (P2)
LOT 17
BLOCK 8 PARCEL 5
(P1) (P2)
Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE HASKELL COMPANY
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 1 DRAWN: MT 1 SCALE: N/A DATE:04/14/20
Phone: 561 753-0650 Email: surveyOdjlasurvey.net CHK: DAB JOB# 18-102-3 SD11 SHEET: 4 OF 4
Page 75 of 670
6.E.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Piggy-Back the Palm Beach County School District Contract#20C-
21Tfor the extension period of the contract which expires on December 31, 2024 and approve an annual
blanket for Precision Air Systems, Inc. of Wellington, Florida for an additional amount of$60,000.00, (total
annual expenditure $140,000.00). This is for air conditioning repairs/services and preventative maintenance
needed at various City Buildings. The Palm Beach County School Board's bid process satisfies the City's
competitive bid requirements.
Explanation of Request:
Staff originally created an annual blanket in the amount of$80,000.00 with vendor Precision Air Systems for
air conditioning repairs/services needed at various City Buildings using Palm Beach County School District
Contract 17C-17Twhich expired 02/28/2020.
Palm Beach School District issued a new contract 20C-21Tfrom 03/01/2020 to 12/31/2024.
Staff is requesting a new blanket in the amount of$60,000.00 to cover services/repairs needed throughout
FY19/20. The total expenditure for FY19/20 for Precision Air Systems is$140,000.00.
How will this affect city programs or services? Maintenance and repair of HVAC systems is essential for
keeping them functioning.
Fiscal Impact: Budgeted Funding is available in Facilities Division account#001-2511-519-46-25.
Alternatives: None
Strategic Plan:
Strategic Plan Application: N/A
Climate Action: No
Climate Action Discussion: N/A
Is this a grant? No
Grant Amount:
Page 76 of 670
Contracts
Vendor Name: Precision Air Systems, Inc
Start Date: 3/1/2020
End Date: 12/31/2024
Contract Value:
Minority Owned Contractor?: No
Extension Available?: No
Extension Explanation:
ATTACHMENTS:
Type Description
Contract School District PSC - Contract##20 -21T
Attachment School District PSC -Agenda Item
Letter School District PSC -Award Letter
Page 77 of 670
The School District of Palm Bid 20C-21T
Beach County
Solicitation 20C-21T
HVAC Light Commercial Services (50-tons and under)
Bid Designation: Regional
ikBi C
The School District of Palm Beach County
1/6/2020 8:07 AM Page 78 of 67p 1
The School District of Palm Bid 20C-21T
Beach County
Bid 20C-21T
HVAC Light Commercial Services (50-tons and under)
Bid Number 20C-21T
Bid Title HVAC Light Commercial Services (50-tons and under)
Bid Start Date Sep 24, 2019 8:54:38 AM EDT
Bid End Date Oct 14, 2019 2:00:00 PM EDT
Question&
Answer End Date Oct 7, 2019 2:00:00 PM EDT
Bid Contact DENNIS MESSERLI
561-434-8507
Dennis.Messerli@palmbeachschools.org
Contract Duration 4 years
Contract Renewal Not Applicable
Prices Good for Not Applicable
Bid Comments The purpose and intent of this Invitation to Bid is to establish labor rates,cost plus percentage rates for parts
and establish a pool of qualified vendors(hereafter referred to as contractor)for HVAC Light Commercial
Repairs,Service and Installations which may include Preventive Maintenance,Repairs,Troubleshooting,and
Installations.
HVAC systems under 50 tons(excludes chilled water systems)
Bard MFG units(Bard 1 Q-tec) Duct Work
Exhaust Systems Supply Air Systems
Residential style units Window/Through Wall AIC Systems
Addendum # 1
New Documents 20C-21T Addendum 1.pdf
Changes were made to the following items:
Labor Rate - Hourly -Technician - Regular Time
Hourly Labor Rate -Technician -Alternative Times
Hourly Labor Rate -Technician - Premium Time
Hourly Labor Rate -Assistant/Helper- Regular Time
Hourly Labor Rate -Assistant/Helper-Alternative Times
Hourly Labor Rate -Assistant/Helper- Premium Time
Item Response Form
Item 20C-21T--01-01 - Labor Rate - Hourly - Technician - Regular Time
Quantity 1 hour
Unit Price
Delivery Location The School District of Palm Beach County
1/6/20208:07 AM Page 79 of 67P2
The School District of Palm Bid 20C-21T
Beach County
No Location Specified
Qty1
Description
Hourly Labor Rate -Technician - Regular Time
Added on Oct 4,2019:
Regular Time: Monday through Friday, 7am to 5pm
Addendum # 1
Item 20C-21T--01-02 - Hourly Labor Rate - Technician - Alternative Times
Quantity 1 hour
Unit Price
Delivery Location The School District of Palm Beach County
No Location Specified
Qty1
Description
Hourly Labor Rate -Technician -Overtime
Added on Oct 4,2019:
Alternate Times: Monday through Friday after 5pm,Weekends, Holidays
*This is to cover the times other than regular time when classes are in session
Addendum # 1
Previous Title
Hourly Labor Rate - Technician - Overtime New Title Hourly Labor Rate - Technician -
Alternative Times
Item 20C-21T--01-03 - Hourly Labor Rate - Assistant/Helper - Regular Time
Quantity 1 hour
Unit Price
Delivery Location The School District of Palm Beach County
No Location Specified
Qty1
Description
Hourly Labor Rate -Assistant/Helper- Regular Time
Added on Oct 4,2019:
Regular Time: Monday through Friday, 7am to 5pm
Addendum # 1
Item 20C-21T--01-04 - Hourly Labor Rate - Assistant/Helper - Alternative Times
Quantity 1 hour
Unit Price
Delivery Location The School District of Palm Beach County
No Location Specified
1/6/20208:07 AM Page 80 of 67P3
The School District mPalm Bid o0C-21T
Beach County
Qty
Description
Hourly Labor Rate Assistant/Helper Overtime
Added onOct 4.2V1q:
Alternate Times: Monday through Friday after 5pm.Weekends, Holidays
*This is to cover the times other than regular time when classes are in session
Addendum # 1
Previous Title Hourly Labor Rate - Assistant/Helper - New Title Hourly Labor Rate - Assistant/Helper -
Overtime Alternative Times
Item 20C'21T-01'05 ' Matoria|o/Sub'oontrootmd Services ' Cost Plus Percentage
Quantity 1 each
poroontuQo U
Delivery Location The School District of Palm Beach County
No Location Specified
Qty
Description
Mateha|n/Sub-contracted Services Cost Plus Percentage
May not exceed 1O%
Example:
Price =$1OO Cost Plus Y6= 1OY6 NotPhoo= $110 (($100x1 1O))
The School District of Palm Bid 20C-21T
Beach County
School District of Palm Beach County FL
Solicitation No.
20C-21 T
HVAC Light Commercial Services (50-tons and Under)
......................................................................
RESPONSES ARE DUE PRIOR TO:
October 14, 2019
......................................................................
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
www. iync.co
......................................................................
The School District of Palm Beach County is an
Equal Education Opportunity Provider and Employer.
httgs://www.paImbeachschooIs.ora/cors/one.as x?pageid=6165437
Revised 03/04/19
1/6/20208:07 AM Page 82 of 67P5
The School District of Palm Bid 20C-21T
Beach County
20C-21T- SPECIAL CONDITIONS
(Upon receipt,all submittals become Public Records and shall be subject to public disclosure consistent
with Chapter 119, Florida Statutes. See paragraph 54 in General Conditions for details.)
A. SCOPE:
The purpose and intent of this Invitation to Bid is to establish labor rates, cost plus percentage
rates for parts and establish a pool of qualified vendors (hereafter referred to as contractor)for
HVAC Light Commercial Repairs, Service and Installations which may include Preventive
Maintenance, Repairs, Troubleshooting, and Installations. All contractors, which meet or
exceed the criteria established in the Invitation to Bid, shall be placed in a pool of pre-qualified
vendors that will be asked to perform work as specified herein.
Contractor shall furnish all labor, supervision, materials, and test equipment to facilitate all
major and minor repairs, new installations of various HVAC equipment under 50 tons, and
perform routine preventive maintenance regularly found in the HVAC field including but not
limited to the following systems:
HVAC systems under 50 tons (excludes chilled water systems)
Bard MFG units (Bard /Q-tec) Duct Work
Exhaust Systems Supply Air Systems
Residential style units Window/Through Wall A/C Systems
B. DELIVERY:
Items in the Invitation to Bid are for various schools and departments located throughout
Palm Beach County and are not for delivery to any central location. Deliveries are to be FOB
destination as per purchase order.All deliveries made to schools and departments shall require
inside delivery unless otherwise specified.
C. BIDSYNC:
1. All offers must be submitted electronically to BidSync.com. including all required
documents listed in the solicitation. No other responses will be accepted, including
hard copy or emailed responses.
2. BidSync supports online document tracking and completion. All documents must
be viewed/accepted before the bid packet can be viewed and an offer can be placed.
3. The District will only consider offers that have been uploaded and submitted
through BidSync PRIOR to the bid closing date and time. As with any document
upload, larger documents and/or heavy user activity may result in longer upload
times. Please allow sufficient time to complete your offer.
4. IMPORTANT INFORMATION: For help filling out your offer, please visit:
https://support.bidsync.com/hc/en-us/articles/222437508-H ow-do-I-respond-to-a-
bid-
All responses entered into BidSync must be typed in. DO NOT cut and paste
from any other program. Doing so may corrupt or invalidate your response and
not allow you to respond.
In order to complete this response process, you must first select "Review
response," verify the information is correct then enter your password and select
"Confirm &submit response."
After clicking "Confirm &submit response," a confirmation page loads with "Offer
Received" at the top of the page. If you do not see this confirmation,your offer was
not submitted successfully.
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If you select to receive a confirmation e-mail indicating a successful response you
will receive a confirming email within five minutes.
If you do not receive confirmation that your offer has been received, please call
BidSync at 800-990-9339 Option 1 (Customer Care) and then Option 1 (Vendor
Assistance).
In the event an addendum(s) to a solicitation is created, the addendum(s)will be distributed
by BidSync to all who are known by the Purchasing Department to have received a complete
set of proposal documents.
Be advised that registering with BidSync is a FREE service.
D. BENEFICIAL INTEREST AND DISCLOSURE OF OWNERSHIP AFFIDAVIT:
The School District is requesting this affidavit to include a list of every "person" (as defined in
Section 1.01 (3), Florida Statues to include individuals, children, firms, associates, joint
adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations
and all other groups and combinations) holding 5% or more of the beneficial interest in the
disclosing entity. The Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be downloaded, signed, notarized and uploaded with your bid
response. The Proposer must submit all supporting documentation in the name of the
Proposer's entity only. Parent and/or subsidiary entities will not be acceptable.
E. SBE PREFERENCE:
Award recommendations shall make appropriate adjustments to pricing when considering
solicitations from a District certified Small Business Enterprise (SBE) if the bid price does not
exceed the lowest bidder's price by an amount greater than $50,000 or 5%,whichever is less.
In instances where the certified SBE's price difference is greater than $50,000 or 5%, the
lowest responsive, responsible bidder will be awarded the contract and the goals shall be
deemed waived. The requirements to qualify for the SBE are to be certified by the School
District of Palm Beach County, subject to the criteria indicated in paragraph O. The District
does not recognize any other certifications. Graduation from the District SBE Certification
Program shall void certification if a vendor has exceeded the revenue/sales size standards for
their industry specific classification for the previous three year period. See Paragraph M,SBE
GOAL, and Paragraph O, SMALL BUSINESS ENTERPRISE PARTICIPATION, for
complete detail. For District certification go to
https://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application.
F. AWARD:
Contract will be awarded to ALL responsive, responsible bidders meeting specifications,terms,
and conditions of this bid. The District will request services on an as needed basis during the
term of this contract. Bidders shall enter in BidSync the various hourly labor rates for HVAC
Technicians, Assistant/Helpers, and the Cost Plus Percentage for Materials and/or Sub-
Contracted Services (not to exceed 10%).
Whenever work or services are required, all awarded contractors will be invited to provide a
quote based upon pricing, terms and conditions from the awarded bid. A scope of work will
be provided to each contractor, and in most cases a walk-through will be scheduled. All quotes
must be submitted on the Quote sheet and include the cost for labor, materials and
installation/repair. Pricing shall be broken out for verification of pricing against pricing
submitted on BidSync. Quotes that do not follow this requirement may be rejected. There will
be no additional charge for consultation, troubleshooting or estimating on any particular
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project. The bidder offering the lowest price on the total order or project, once all applicable
preferences have been applied, shall be awarded. The award of that order to one bidder does
not preclude the ability of the remaining pre-qualified bidder(s)from submitting offers for other
items and or projects. The Purchasing Department or their designee reserves the right to use
the next lowest bidder(s) in the event the original awardee of a project cannot fulfill their
commitment.
NOTE: When invited to quote on projects, contractors that repeatedly fail to submit requested
quotes, or those otherwise considered non-responsive on more than three (3) occasions in a
twelve (12) month period, may be deemed as unresponsive and no further estimates shall be
requested from the vendor under this bid„ (See General Conditions for Bids, Item 7,
Cancellation/Termination).
Repairs estimated by District staff to be no more than $5,000 may be assigned to a contractor
from the awarded pool of vendors in a manner that benefits the District in relation to cost and
schedule. Assigned vendor shall respond within 24 hours and follow-up with a quote for the
repairs. Awarded vendors who are unavailable for a particular project shall be required to
provide written notification that they will be unavailable to respond. Vendors shall not refuse
any project based solely upon its location and dollar amount.
Emergency repairs: Emergency repairs are defined as situations where immediate repairs are
required to prevent the loss of service to alleviate the possibility of a situation which would
adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise
cause loss to the School District. In the event of an emergency, the District may waive the
quoting process and select at their discretion, a vendor from the pool of awarded vendors to
provide emergency repair services. Selected vendor shall responded to the emergency within
four (4) hours. Repairs shall be made on initial response to site or as soon as possible
thereafter. Should there be a noticeable delay due to lead time of materials needed to
complete the repair, vendor shall notify the Facilities Manager and provide timeline for
completion.
The Board reserves the right to undertake inquiries into proposer's financial and/or litigation
history, and by submitting a proposal, the proposer expressly consents to these inquiries.
The Board, through its designee(s), reserves the right to further negotiate any proposal,
including price and warranty, with all responsible and responsive bidders to meet the needs
of the District. If a mutually beneficial agreement with the bidder offering the lowest cost and
who is deemed responsible and responsive cannot be resolved, The Board, through its
designee(s), reserves the right to enter into negotiations with the next bidder offering the
lowest cost and who is deemed responsible and responsive until an agreement is reached
to meet the needs of the District. Upon award of a particular item to the successful bidder,
the vendor cannot substitute an item without prior approval by the Purchasing Department.
Vendor must supply the item that was specified according to their bid response unless
instructed otherwise by the Purchasing Department.
The Purchasing Department or their designee reserves the right to use the next bidder offering
the lowest cost and who is deemed responsible and responsive in the event the original
awardee of the bid cannot fulfill their contract, subject to the terms and conditions of Preference
awards as provided herein. The next bidder offering the lowest cost and who is deemed
responsible and responsive prices must remain the same as originally bid and must remain
firm for the duration of the contract.
G. TERM OF CONTRACT:
The term of this contract shall be for four (4) years from the date of award and may, by mutual
agreement between the School District and the awardee(s), be renewable for one additional
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one-year period. If considering renewing the Contract, the Board, through the Purchasing
Department, will provide a letter of intent to renew the Contract to the awardee(s) 120 days
prior to the end of the initial term of the Contract period or any subsequent renewal term. If
needed, the Contract may be extended for up to 120 days beyond the Contract expiration date
or any subsequent renewal periods. The awardee(s)will be notified when the Board has acted
upon the recommendation. All prices shall be firm for the entire length of the Contract and all
subsequent renewal periods however, nothing prohibits the District from accepting lower
pricing during the term of this contract.
H. REFERENCES:
Electronically Complete the Reference Document and include at least five(5) references
from customers that you have contracted with to provide HVAC Light Commercial
Services. This should include at least one reference from a customer who has been
with you for a year or less, three references from veteran customers with long term or
repeat contracts and at least one reference from a past customer who is currently not
under contract with you. Please do not include the School District of Palm Beach
County as a reference.
NOTE: The information requested must include a current contact name, phone number
and email address for each reference.
I. QUALIFICATIONS:
Provide photocopies of the following State or Palm Beach County, Certified or Registered,
Class B Air Conditioning (CA or RA) or higher; or Mechanical Contractor (CM or RM) (valid
and current)licenses and/or certificates: Failure to provide this documentation may result
in rejection of bid.
1. Palm Beach County Local Business Tax Receipt, formerly Occupational License.
OR
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof
may be provided by either submitting a copy of the Letter of Authority issued by the
Office of the Secretary of State or by submitting a copy of the Certificate of Status
Verification which may be obtained via Sun biz.org-Department of State.
AND (if applicable)
3. Copy of HVAC licenses.
The bidder(s) must have an adequate organization, facilities, equipment, and personnel to
insure prompt and efficient service. The District reserves the right, before recommending any
award, to inspect the facilities to determine ability to perform. The District reserves the right to
reject bids where evidence submitted, investigation and/or evaluation, is determined to indicate
inability of the bidder to perform.
J. PLACING AN OFFER:
The Board objects to and shall not consider any additional terms or conditions submitted by
a respondent, including any appearing in documents attached as part of a respondent's
response. In submitting its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply with terms and conditions, including those specifying information that must
be submitted with a response, shall be grounds for rejecting a response.
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All offers must be submitted electronically to BidSync.com. No offer will be considered if
submitted after the closing date and time. Hard copy bids will not be accepted.
Allow sufficient time to complete your offer, and follow all steps outlined in Paragraph C.
If necessary, an addendum will be distributed by BidSync to all who are known by the
Purchasing Department to have received a complete set of proposal documents.
K BID QUESTIONS:
From the time this solicitation is posted until the time a Decision or Intended Decision is
posted, potential Proposers and employees, representatives, partners, director, officers, or
other individuals acting on behalf of the Proposer, shall be prohibited from lobbying any
School District employee, Member of the School Board, Member of a School District
Advisory Committee that may evaluate the awarded contract, or person selected to evaluate
or recommend selection of the awarded Proposer. Violation of the Cone of Silence shall
result in rejection/disqualification of the Proposer from award of a contract arising out of this
solicitation. Further, in order to protect the integrity of the award process, all questions
regarding this solicitation must be submitted via BidSync no later than 2:00 p.m. ET, on
October 7, 2019. Questions received via BidSync by the time and date specified will be
answered in writing and posted on BidSync. Dennis Messerli is authorized only to direct the
attention of prospective proposers to various portions of the Bid so that they may read and
interpret such for themselves. Neither Dennis Messerli nor any employee of the District is
authorized to interpret any portion of this Bid or give information as to the requirements of
the Bid in addition to that contained in the written documents.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
L. POSTING OF BID RECOMMENDATION /TABULATIONS:
Bid recommendations and tabulations will be posted electronically with BidSync and at the
Fulton Holland Educational Services Center Purchasing Department, at 3300 Forest Hill
Boulevard, Third Floor, A-Wing Suite A-323 West Palm Beach, FL, for review by interested
parties, on October 17, 2019, at 3:00 p.m., EST, and will remain posted for a period of 72
hours. If the bid tabulation with recommended awards is not posted by said date and time,
A"Notice of Delay of Posting"will be posted to inform all bidders of the new posting date and
time.
Any person adversely affected by the decision or intended decision, as defined in School
Board Policy 6.14 (4) (a), must file a notice of protest, in writing, within 72 hours after the
posting of the notice of decision or intended decision. Saturdays, Sundays and State
Holidays shall be excluded in the computation of the 72-hour time period. The formal written
protest must be filed within 10 days after the date the notice of protest is filed. The formal
written protest shall state with particularity the facts and law upon which the protest is based.
Failure to file a notice of protest or to file a formal written protest within the time prescribed
in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under chapter
120, Florida Statutes.
M. SBE GOAL:
The Board strongly encourages the use of Small Business Enterprises for participation as
partners:joint venture partners, subcontractors, sub-consultants and prime contractors, in the
District's contracting opportunities. A listings of Certified Small Business Enterprises can be
found on the District's Office of Diversity in Business Practices web site at
http://www.palmbeachschools.org/diversityinbusiness.
N. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason,the name and address
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of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and receiving
written approval from the District. Subcontractors will be required to conform to the Jessica
Lunsford Act as noted in the General Conditions document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed
in the proper performance of an award or failed to deliver on-time contracts of a similar nature,
or who is not in the position to perform this award. The School District Representative reserves
the right to inspect all facilities of any subcontractor in order to make determination as to the
foregoing. The subcontractor will be equally responsible for meeting all requirements specified
in this Invitation to Bid. Vendors are encouraged to seek SBE business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
O. SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION:
An SBE business must meet The School District of Palm Beach County's (SDPBC) eligibility
standards incorporated in the definition of Small Business Enterprise (SBE) as outlined in
School Board Policy 6.143, Diversity and Equitable Utilization in Business, which requires
that the business be certified by SDPBC.
SDPBC defines a Small Business Enterprise (SBE) as having average annual gross sales
that are less than fifty(50%) of the small business size standard as defined by the U.S. Small
Business Administration (SBA) for a firm's relevant industry. The average number of full-
time employees over the last three years that is less than fifty percent(50%)of small business
size standard as defined by SBA for the business firm's relevant industry. See SBE
guidelines at: www.sba.ggv/federal-contracting/contracting-guide/size-standards.
The principal place of business of the SBE must be in Palm Beach County, Broward County,
and/or Miami Dade County. The firm's headquarters must be located in Palm Beach County,
Broward County, and/or Miami Dade County with either, a majority of the firm's gross
revenues or sales derived there, or a majority of firm's employees domiciled in one of these
counties.
An SBE business must have received less than one million dollars ($1 million) in contract
payments from the School District of Palm Beach County projects or contracts in the fiscal
year preceding the bid.
An SBE business shall be independent (a free-standing business) and recognized as a
separate entity for tax purposes. Businesses that share common ownership, space,
employees, or other facilities, may be considered as a single business for this program
without reference to tax status.
The business must have been established and operational for a period of at least one (1) full
year prior to the certification application. The business's address must include street number,
name of the street, suite number, if any, and correct zip code. A post office box is
unacceptable without the physical street address.
Revenues or Sales Size Standards:
Procurement Program — Any firm that has had an average cumulative gross sales or
revenues of greater than seven million dollars ($7 million) over the last three (3) years shall
not be considered eligible to participate in the School District's SBE program for procurement.
SDPBC will accept SBE certification on a school district solicitation if the bidder can
demonstrate that they meet the guidelines as outlined in the School District's Small Business
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Enterprise Program eligibility guidelines. Industry specific classification and income thresholds
are consistent with and meets the standards contained in School Board Policy 6.143 and the
Office of Diversity in Business Practices Procedures Manual as depicted in the chart below.
INDUSTRY INCOME THRESHOLD
Construction Not to exceed $13,000,000.
Professional Services Not to exceed $6,000,000.
General Procurement Not to exceed $7,000.000.
SBE Vendor Directory:
The Vendor Directory represents SBE vendors certified only by the School District of Palm
Beach County. Vendors certified as an SBE with any entity or agency other than the School
District of Palm Beach County will not be accepted. The District does not have reciprocity
with any other certifying Agency/Entity. The District has an Inter-local Agreement (IA) with
The City of West Palm Beach and Palm Beach County; however, SBE bidders must have met
the certification eligibility criteria of the District's certification program at the time of
documentation submittal in order to be deemed a District Certified SBE.
Goal: The Goal established for this industry classification is an SBE Bid Preference
of 5% for the participation of Small Business Enterprises.
SBE Bid Preference:
Pursuant to Board Policy 6.143, award recommendations shall make appropriate adjustments
to pricing when considering solicitations from School District of Palm Beach County (SDPBC)
certified Small Business Enterprises (SBE) if the bid price does not exceed the lowest bidder's
price by an amount greater than $50,000 or 5%, whichever is less. In instances where the
certified SBEs price difference is greater than $50,000 or 5%, the lowest responsive,
responsible bidder will be awarded the contract and the goals shall be deemed waived.
Qualification requirements for SBE Bid Preference are, the bidder must be certified by the
School District of Palm Beach County, at the time the bid is submitted. The District does not
recognize any other certifications. Bidders must submit their School District Certification
Certificate with the bid. For District certification go to
http://www.palmbeachschools.org/diversityinbusiness website and complete the SBE
certification application.
Small Business Enterprise Participation:
Bidders who list SBE subcontractors as participants in their bids must complete and submit the
Subcontractor Participation Letter of Intent, Form 1525 and Subcontractor Participation
Summary, Form 1526. Form 1526 will be submitted with all requests for payment, and will be
submitted as part of the response to the solicitation.
SBE Bid Preference is a not the same as Small Business Enterprise Participation.
If SBE Bid Preference is indicated, then the Bid does not have an SBE Participation Goal and
Forms 1525 and 1526 are not required.
The industry specific classification for this solicitation is: General Procurement
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P. ACCESSIBILITY TO AND COOPERATION WITH INSPECTOR GENERAL AND STAFF:
The Awarded Vendor agrees and understands that the School District's Office of Inspector
General shall have immediate, complete, and unrestricted access to all financial and
performance-related records, papers, books, documents, information, writings, drawings,
graphs, photographs, processes, data or data compilations, computer hard drives, emails,
instant messages, services, and property or equipment purchased in whole or in part with
School Board funds ("Information and Records"). The Awarded Vendor shall furnish the
Inspector General with all Information and Records requested for the purpose of conducting
an investigation or audit, as well as provide the Inspector General with reasonable assistance
in locating assets and obtaining information and records that are in the possession, custody,
or control of the Awarded Vendor or its subcontractor. The Awarded Vendor understands,
acknowledges, and agrees to abide by applicable portions of School Board Policy 1.092. Such
policy is located at: http://www.palmbeachschools.org/policies/.
(�. PUBLIC RECORDS LAW:
The Responder shall:
a. Keep and maintain public records that ordinarily and necessarily would be required by
the School Board of Palm Beach County in order to perform the service to the Board
under this agreement.
b. Upon request from the Board's custodian of public records, provide the Board 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, Florida
Statutes or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Agreement term and following completion of the Agreement if the Responder does
not transfer the records to the Board.
d. Upon completion of the Agreement, transfer, at no cost, to the Board all public records in
possession of the Responder or keep and maintain public records required by the Board
to perform the service. If the Responder transfers all public records to the Board upon
completion of the Agreement, the Responder shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
If the Responder keeps and maintains public records upon completion of the Agreement,
the Responder shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the Board, upon request from the
Board's custodian of public records, in a format that is compatible with the information
technology systems of the Board.
Failure of Responder to abide by the terms of this provision shall be deemed a material
breach of this Agreement. This provision shall survive any termination or expiration of this
Agreement. In the event of a dispute regarding the enforcement of this provision where the
Responder has unlawfully refused to comply with the public records request within a
reasonable time, the School Board shall be entitled to recover its reasonable costs of
enforcement, including reasonable attorney's fees from the vendor as authorized by
119.0701, Fla. Stat.
IF THE RESPONDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, HE OR SHE MUST CONTACT
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THE PUBLIC RECORDS MANAGEMENT COORDINATOR FOR THE
SCHOOL DISTRICT OF PALM BEACH COUNTY AT 561-629-8585,
PUBLICRECORDS@PALMBEACHSCHOOLS.ORG, OR 3300
FOREST HILL BLVD., SUITE C-110, WEST PALM BEACH, FL, 33406.
Public Records Exemption:
1) For purposes of this paragraph, "competitive solicitation" means the process of
requesting and receiving sealed bids, proposals, or replies in accordance with the terms
of a competitive process, regardless of the method of procurement.
2) Sealed bids, proposals, or replies received by an agency pursuant to a competitive
solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until
such time as the agency provides notice of an intended decision or until 30 days after
opening the bids, proposals, or final replies, whichever is earlier.
3) If an agency rejects all bids, proposals, or replies submitted in response to a competitive
solicitation and the agency concurrently provides notice of its intent to reissue the
competitive solicitation, the rejected bids, proposals, or replies remain exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency
provides notice of an intended decision concerning the reissued competitive solicitation
or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or
reply is not exempt for longer than 12 months after the initial agency notice rejecting all
bids, proposals, or replies.
R. INSURANCE REQUIREMENTS:
In the event of loss, damage or injury to the awarded bidder(s) and/or the awarded bidder's
property, the awarded bidder(s) shall look solely to any insurance in its favor without making
any claim against the School Board of Palm Beach County. The bidder's insurance coverage
shall be primary and noncontributory. Proof of the following insurance will be furnished by the
awarded vendor(s)to the School Board of Palm Beach County by Certificate of Insurance. The
School Board shall be named as an additional insured.
Original copies of Certificates of Insurance meeting the specific required provision specified
within this contract/agreement shall be forwarded to the School District of Palm Beach
County, Purchasing Department by email (insurancecertificate(-palmbeachschoolS.org), or
fax(561-963-3823), and approved prior to the start of any work or the possession of any school
property. Renewal certificates must be forwarded to the same department prior to the policy
renewal date.
Thirty days written notice must be provided to the School District of Palm Beach County via
certified mail in the event of cancellation. The notice must be sent to the Purchasing
Department.
1. WORKERS' COMPENSATION: WORKERS' COMPENSATION:
Bidder must comply with Section 440, Florida Statutes, Workers' Compensation and
Employees' Liability Insurance with minimum statutory limits or elective exemptions as
defined in Florida Statute 440 will be considered on a case by case basis.
Required Endorsements:
o Waiver of Subrogation —WC 0003 13 or its equivalent
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2. COMMERCIAL GENERAL LIABILITY:
Bidder shall procure and maintain for the life of the contract, Commercial General Liability
Insurance. This policy shall provide coverage for death, bodily injury, personal injury,
products and completed operations liability and property damage that could arise directly
or indirectly from the performance of the contract. It must be an occurrence form policy.
THE SCHOOL BOARD OF PALM BEACH COUNTY SHALL BE NAMED AS AN
ADDITIONAL INSURED ON THE CERTIFICATE FOR COMMERCIAL GENERAL
LIABILITY INSURANCE.
The minimum limits of coverage shall be $1,000,000 per occurrence, Combined, Single
Limit for Bodily Injury Liability and Property Damage Liability.
Required Endorsements:
o Additional Insured — CG 20 26 or CG 20 10 and CG 20 37 or their
equivalents.
Note: CG 20 10 or CG 2026 must be accompanied by CG 20 37 to include
products/completed operations.
o Waiver of Transfer Rights of Recovery —CG 24 04 or its equivalent.
o Primary and noncontributory— CG 2001 or its equivalent.
Note: If blanket endorsements are being submitted, please include the entire
endorsement and applicable policy number.
3. BUSINESS AUTOMOBILE LIABILITY:
Awarded vendors shall procure and maintain, for the life of the contract/agreement,
Business Automobile Liability Insurance. THE SCHOOL BOARD OF PALM BEACH
COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE CERTIFICATE
FOR BUSINESS AUTOMOBILE LIABILITY INSURANCE.
The minimum limits of coverage shall be$500,000 per occurrence. This coverage shall be
an "Any Auto" form policy or a form policy that includes "Scheduled Autos, Hired Autos,
and Non-Owned Autos" coverage. The insurance must be an occurrence form policy.
In the event the contractor does not own any vehicles, we require an affidavit signed by the
contractor indicating the following:
(Company Name) does not own any vehicles. In the event we
acquire any vehicles throughout the term of this contract/agreement,
(Company Name) agrees to purchase Business Automobile Liability coverage as indicated
above on the date of acquisition.
4. WAIVER OF SUBROGATION:
The awarded bidder(s) hereby waives any right of subrogation against the School Board
of Palm Beach County, for loss, damage or injury within the scope of the Bidder's
insurance, and on behalf of itself and its insurer,waives all such claims against the School
Board of Palm Beach County.
NOTE: The terms and conditions of this agreement shall apply with respect to awarded
bidder's operations for any school or ancillary owned by the School Board of Palm Beach
County.
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S. PAYMENT/ PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of
damage or defect; and a properly billed invoice is received and processed in the Accounting
Services Department.
The District's payment terms are net 30 days; however, the District will accept terms for early
payment. See Early Payment Terms Document.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with
the bid.
2. The receipt of a properly billed invoice in the Accounting Services Department.
Invoices to the School Board MUST include the following to permit verification of
prices and expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Services(s)
4. Itemized Pricing (to include backup justification)
5. Purchase Order Number
6. A copy of the first invoice for this contract shall be sent to the Purchasing Agent for
review at dennis.messerli@palmbeachschools.org .
Invoice copy and/or packing slip must be presented at time of delivery. Original
Invoice must be sent to Accounting Services, 3300 Forest Hill Blvd., Suite A-323,
West Palm Beach, FL 33406, or submitted electronically.
To submit an invoice as an email attachment, ensure that the electronic document meets the
guidelines below and email the invoice to apinvoice(u�palmbeachschools.org.
Electronic Invoice Submission Guidelines:
a. Submit industry standard PDF's, created at a 300-dpi bi-tonal equivalent(either image
or text only content) or bi-tonal or grey scale TIF's.
b. Each invoice must be its own file attachment. Multiple invoices in a single email is
supported, but each invoice must be a separate file attachment
If you are interested in learning more about submitting invoices via email, please
contact Bob Rucinski at bob.rucinski a@palmbeachschools.org, or call him at (561) 434-
8701.
Failure to timely submit invoices(s) to Accounting Services as set forth above may
significantly delay processing and payment of the invoice.
The School Board may not process invoices submitted more than 120 Days after the date
the goods or services were delivered without prior approval from the Accounting Services
Department.
Vendor waives claims for payment of goods and/or services on invoice(s) not received by the
Accounting Services Department within 120 Days of the delivery. Prior approval by
Accounting Services is required if invoicing will extend past 120 days.
The above terms and conditions are agreed to by submitting an offer on this bid.
T. INCORRECT PRICING/INVOICES:
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Any pricing on invoices that is incorrect or freight charges that were not included on the original
Purchase Order, must be brought to the attention of the Purchasing Agent and corrected prior
to the shipment(s) of goods or initiation of services. Additional costs that were not brought to
the District's attention and did not receive written approval via a Change Order issued by the
Purchasing Agent may not be honored.
U. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the School Districts attention and approved by the
Purchasing Department prior to commencement of additional work, shipment of goods or the
addition of unauthorized freight charges. Once approved, a Change Order will be issued to
include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the district's attention and did not result in a Change
Order approved by the Purchasing Agent may not be honored.
V. DISTRICT PURCHASING CARD:
The School District has authorized the use of a Purchasing Card with Visa through the Bank
of America to expedite small dollar purchases for materials, supplies, and other items needed
for daily operations. Vendors may be presented these credit cards by authorized School
District personnel for the above mentioned purchases. Each cardholder's authorization limit
may not exceed $1,000 daily per vendor effective July 1, 2006 (with the exception of travel).
Purchase orders are strongly discouraged for purchasing materials, and supplies under
$1,000.
W. CONFLICT OF INTEREST:
On responder's own business letterhead, all responders must disclose the name of any officer,
director, or agent who is also an employee of the District. All responders must disclose the
name of any District employee who owns, directly or indirectly, any interest in the responder's
business or any of its branches. Indicate with either a statement of Conflict of Interest or Non
Conflict of Interest and submit with your proposal.
X. CODE OF ETHICS:
Per District Policy 3.02, District Employees shall not accept gifts or gratuities in violation of the
State Code of Ethics or which give the appearance that the gift improperly influenced a
decision.
Y. ORGANIZATION PROFILE:
Provide the Corporate Name and Parent Company (if applicable) and address of corporate
headquarters. Provide the names, titles, addresses, email, and telephone numbers of the
persons authorized to answer any questions related to Company's proposal. The Organization
Profile should also include information such as number of years in the business, number of
locations, location of facilities, company vision statement, and a succinct history of the
company. In addition, the Beneficial Interest and Disclosure of Ownership Affidavit (PBSD
Form 1997) must be completed, signed, notarized and returned with your bid.
Z. AREA REPRESENTATIVE: Bidder should indicate on the attached Area Representative
Document the name, address, phone number and email address, if available, of the vendor
representatives who will make periodic scheduled visits to the schools and departments
and will be available, upon request, to resolve billing and delivery problems.
AA. SALVAGE: All items removed during any work performance under this contract must
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remain the property of the District. As part of the contact, District may require
transportation of salvage materials to a site to be determined. It shall be the contractor's
responsibility for removal and transport and disposals of the salvage at their expense if the
School District chooses not to keep the materials.
BB. COMPLETION OF SERVICES/LIQUIDATED DAMAGES: The completion date for repairs
or projects shall not exceed quoted or set project schedule, unless written request for
extension and the approved authorization has been granted. Should the bidder to whom
the repair work is awarded, fail to complete the work within the number of days stated in
the quotation, the District reserves the right to: a) collect liquidated damages in the amount
of$250 per day work is not completed or, b) cancel the contract with the bidder and to
secure the services through another source of supply to complete the work. If the District
exercises one of these options, the District may at its option request payment from the
bidder through invoice or credit memo, for any additional costs over and beyond the
original quoted prices, which were incurred by the District as result of having to secure the
services elsewhere or for liquidated damages. If the bidder fails to honor this invoice or
credit memo, the District may remove that bidder from the contract.
CC. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER: The successful
Bidder shall promptly correct all deficiencies and/or defects in work and/or any work that
fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within five (5) calendar days after such rejected
defects, deficiencies, and/or non-conformances are reported in writing (email, memo,
inspection reports, etc) to the Bidder by the District's Contract Manager or designee. The
Bidder shall bear all costs of correcting such rejected work. If the Bidder fails to correct the
work within the period specified; the District may, at its discretion, notify the Bidder, in
writing, that the Bidder is contractually default and obtain the services of another vendor to
correct the deficiencies, and charge the Bidder for these costs; either through a deduction
from the final payment owed to the Bidder or through invoicing.
DD. CONTRACTOR'S RESPONSIBILITY: Contractor shall take field measurements and verify
field conditions. Contractor shall carefully compare such field measurements and
conditions and other information provided by the District before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the District at once
prior to commencement of work. Failure to report conflicts to the District's contract
manager will result in contractor's corrective action at their own expense.
The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap
materials, and debris that result from their operations so that work site presents a neat and
orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the
premises. NO rubbish shall be deposited as fill on the work site. At completion of work,
the contractor shall remove all work materials, tools, construction equipment, machinery,
and surplus materials from the work site and shall leave project in ready to use condition.
Contractor shall be responsible for the protection of all buildings, structures, and utilities
that are underground or above ground from their operations that may be hazardous and/or
damaging to said facilities.
Contractor shall provide due care at all times while performing any task at any District
controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to
avoid creating hazardous condition for pedestrians, property, and vehicles.
The contractor shall accept full responsibility for refrigerant handling at every assigned
job/project.
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The contractor shall provide a construction work schedule and submit it to the District
designated contact person. The schedule shall include estimated commencement and
completion dates.
Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's
responsibility.
Contractor shall not inhibit access to school centers during pursuit of work specified herein.
Contractor shall leave the work site in a neat and orderly fashion at the end of each
workday.
All personnel (contractor or sub-contractor) shall sign in while on campus prior to
commencing any work and shall sign out prior to leaving campus unless prior written
exception has been obtained.
Contractor will remedy any and all damage to property by acts of omission or vandalism
which occur as a result of their work.
The contractor shall be responsible for the protection of all personnel against hazards
and/or injuries due to their construction operations at the work site.
Contractor shall correct any and all damage caused by their operations to the District's
satisfaction at no additional cost to the District.
Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike
manner. The Contractor shall, and in addition to all other guarantees, be responsible for
faulty labor or workmanship and shall promptly correct improper work, without cost to the
School District, within 24 hours after receipt of notification of such faulty labor or
workmanship. If the Contractor fails within 24 hours to correct defects, the Owner shall be
entitled to have such work remedied; and the Contractor shall be fully liable for all costs
and expense reasonably incurred by the Owner. Payments in full or otherwise do not
constitute a waiver of this guarantee. The guarantee period shall be effective for one (1)
year after acceptance of the work by the School District.
If the contractor determines additional work beyond the scope of original project is
required, the contractor must notify the District Contract Manager with details of additional
work and an itemized pricing to complete the additional work. This work shall not start until
contractor is in receipt of an approved change order. In cases of emergency, as defined in
paragraph G, the District representative will follow the District's Purchasing Department
Emergency Purchases procedure as applicable.
Contractor shall not proceed with any project until in receipt of Purchase Order or Change
Order.
Contractor shall use only factory OEM parts while performing services and equipment
under original warranties. After-market parts will be permissible on units out of warranty
period upon District's approval. Prior authorization must be obtained before acquisition
and installation is performed.
Contractor shall be responsible for correction/replacement, according to local codes and
District's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks,
streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's
operations.
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Schools have a book located in the main office identifying areas that contain asbestos.
Should any contractor/employee in the performance of this contract encounter materials
that they suspect are embedded with asbestos, they should:
1. Stop all work at the site and do not disturb the area of suspicion.
2. Call the appropriate trade supervisor and advise them of the discovery.
3. Leave the site until the materials can be analyzed.
The Contractor shall conform to all Federal, State, County, and SDPBC standards and
regulations during the performance of the Agreement. Continued violations by a
Contractor may constitute cause for immediate termination of the contract.
Installations: Successful vendor shall be responsible for unloading, uncrating, setting in
place and making ready for operation all items awarded. Successful vendor shall be
responsible for furnishing all labor and materials to install designated items.
Installation shall include, but not limited to, disconnect and removal of old equipment
(where replacement is involved), full and complete hook-up of new unit. Vendor shall
make all final connections. School District will furnish necessary services within a
reasonable distance. Disconnection and/or hook-up of units shall be accomplished only by
personnel certified by the State of Florida or Palm Beach County as being qualified to
perform task involved and demonstrate.
When applicable, vendor shall be responsible for all utility locates at their expense.
Submittals: Contractor is required to submit catalog cuts, specifications sheets, and any
other technical data necessary to enable proper evaluation for all materials and/or
equipment which will be utilized in the performance of each project resulting from this bid.
Failure of the contractor to provide the foregoing information may be grounds for rejection
of quotes associated with this bid.
Repair and Maintenance Manuals: Three manuals containing troubleshooting procedures,
parts list, disassembly instructions, schematic diagrams, etc., shall be provided at no cost
for each unit of equipment furnished under any contract resulting from this Bid. Job will not
be considered complete until all manuals have been received.
Technical Literature: Two copies of product information, including technical and descriptive
literature, shall be provided with all new products installed in the District. Technical
literature shall be provided to the site FMC Coordinator of each project.
Inspections: The contractor shall notify the assigned District's Project Manager of job
progress and make arrangements for District inspection of work performed. The contractor
shall not proceed with other work until the previous portion has been approved. Required
inspections will be outlined in the scope of each job or at pre-construction meeting. A
minimum of 24 hours' notice to the District must be provided for each inspection.
Completion of contract shall be defined as final inspection and subsequent sign-off by
inspector/project manager, on all work as satisfactory and acceptable to the District.
Uncovering of Work: The contractor may be required to photograph new installations
and/or repairs made underground when a District Representative is unavailable. These
images shall be forwarded to the Contract Administrator, Team Leader/Mechanical,
Maintenance and Plant Operations Department. This can be done via e-mail or US Postal
Service.
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If any portion of the work have been covered which the District has not specifically
requested to observe prior to being covered or photographed, the District may request to
see such work and it shall be uncovered by the contractor. If such work were found in
accordance with the contract documents, the cost of uncovering and replacement shall,
through purchase order change, be charged to the District. If such work were found not in
accordance with the contract documents, the contractor shall pay such cost unless it is
found that the District or a separate contractor caused this condition, in which the event the
District shall be responsible for payment of such cost.
Service/ Repair:
All repairs shall be performed using a time and materials basis.
Troubleshooting:
Once mechanic determines nature or cause of failure, he must provide written cost of
repairs to project manager.
EE. WARRANTY: Contractors shall guarantee workmanship and/or materials to be free of
defects under normal use and service for a period of one year from date of acceptance by
the School District. Contractor shall bear the full obligation and cost of materials and labor
for repair and/or replacement during the warranty period.
FF. PERMITS AND CODE INSPECTIONS:
Vendor shall secure all necessary building permits (when applicable) from the Permitting
Authority (The School District of Palm Beach County Building Code Services (BCS)
Department). Related instructions are located on the BCS Home Page:
http://www.palmbeachschools.org/buildingdepartment/. See the information on the BCS
Hometab.
Construction will be inspected for code compliance, compliance with drawings and
specifications, and quality by inspectors working for the Permitting Authority.
The Vendor shall provide the following information to the Permitting Authority and obtain
approval from the Permitting Authority prior to beginning construction:
(a) Documents as required by the Permitting Authority
(b) Vendor should assume a 30 day turnaround time from the time of submission of
required documents for obtaining a building permit.
Code Inspections: All projects require detailed code compliance inspections during
construction in disciplines determined by the Permitting Authority. These disciplines
normally include, but are not necessarily limited to, structural, mechanical, electrical,
plumbing and general building safety. Inspection personnel will be provided by the
Permitting Authority.
The Vendor shall request the appropriate inspector(s), no less than 48 hours in advance,
which the work is ready for inspection and before the work is covered up. Work not
inspected and approved prior to cover-up shall be uncovered for inspection when directed
by the Permitting Authority. All costs for uncovering and reconstruction shall be borne by
the Vendor.
All inspections shall be made for conformance with the applicable building codes,
compliance with drawings and specifications, and quality.
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Cost for all re-inspections of Work found defective and subsequently repaired shall be
borne by the Vendor.
GG. DEFINITIONS:
Parts —functioning components of a unit or primary material required for repairs (i.e. motor,
conduit, compressor, belts, wire, cables, controls, etc.)
Miscellaneous Consumables —sundry supplies used to complete jobs (tape, wire ties, nuts,
bolts, rags, lubricants, etc.)
All parts and consumable supplies to be utilized shall conform to standards of the trade,
manufacturer recommendations and be acceptable to the School District of Palm Beach
County.
Cost of parts and material shall be based on Contractor's wholesale price form the supply
house plus percentage (may not exceed 10%). Markup of sales tax will not be allowed. A
copy of the supply house invoice for parts purchased for a specific job will be submitted
with the contractor's invoice.
Work Day:
Regular Time: Monday through Friday, 7am to 5pm
Overtime: Monday through Friday, after 5pm
Premium: Sundays and Holidays
Labor—the hourly labor rates quoted shall include full compensation for labor, travel, fuel,
operating cost, etc. Travel charges will not be reimbursed.
HH. SITE INSPECTION(S)/ESTIMATE(S): Subsequent to award, the following procedure will
be followed:
Estimated under $5,000
A. When the need arises, the School District representative may select based on
contractor's labor pricing, location, availability a contractor to provide the service(s).
Estimated at $5,000 to $10,000
B. When the need arises, the School District Maintenance and Plant Operations
representative will notify all awarded contractor(s) of need for service. Notification will
include name and address of school, name and telephone number of contact person, and
areas of school/site involved, scope of work, quote/estimate due date.
1. Contractor shall also utilize site inspection to ascertain if there are any
discrepancies from these bid specifications and/or drawings that may be provided by
owner prior to inspection.
2. During site inspection, if the contractor detects or anticipates a problem
that may interfere with work set forth herein, they shall immediately notify the owner
(Maintenance and Plant Operations).
C. The applicable department shall forward the approved estimate along with a
properly executed requisition to Purchasing. Scheduled commencement and completion
dates must be shown on the requisition.
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D. Upon receipt of the purchase order, contractor is authorized to proceed with job
as set forth thereon.
No changes will be allowed after estimate has been accepted and purchase order has
been issued unless due to unforeseen circumstances. Any requests for change MUST go
through the Change Order process and approved.
Estimated at over $10,000
A. When projects of this magnitude arise, the School District, through the
Purchasing Department, will notify all contractor(s) of need for service via BidSync.
Notification will include name and address of school, name and telephone number of
contact person, and areas of school/site involved, scope of work, quote/estimate due date.
1. Contractor shall also utilize site inspection to ascertain if there are any
discrepancies from these bid specifications and/or drawings that may be provided by
owner prior to inspection.
2. During site inspection, if the contractor detects or anticipates a problem
that may interfere with work set forth herein, they shall immediately notify the owner
(Maintenance and Plant Operations).
B. After quotes are opened, Purchasing Department will review the responses with
end user Department to verify discrepancies. Once end user Department has advised that
quotes are OK, they will be awarded.
C. A properly executed requisition shall be submitted to Purchasing. Scheduled
commencement and completion dates must be shown on the requisition.
D. Upon receipt of the purchase order, contractor is authorized to proceed with job
as set forth thereon.
No changes will be allowed after estimate has been accepted and purchase order has
been issued unless due to unforeseen circumstances. Any requests for change MUST go
through the Change Order process and approved.
II. ESTIMATED DOLLAR VALUE: The estimated value of this contract is $1,250,000
annually. Award of this bid does not imply or guarantee any bidder any amount of the
contract.
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BID PREPARATION CHECKLIST:
The Bid Preparation Checklist is a guide to assist the Bidder in verifying the completeness of their
Bid. The Bid Preparation Checklist does not relieve the Bidder of the responsibility of ensuring
that all requirements of this solicitation are included with submittal of their response. Items
checked "required" must be submitted with your bid response or your bid may be declared non
responsive.
Verified Required Document See Special
by Vendor Condition
Yes Bidder Acknowledgement N/A
Yes Certificates/License I
Yes Beneficial Interest and Disclosure of Ownership D
Affidavit
Yes Debarment Certification N/A
Yes Reference Document H
Yes Area Representative z
Yes Early Payment Terms S
Yes SBE Certification Form E
Yes (if Form 1525, Letter of Intent—SBE O
a licable) Subcontractor Participation
Yes (if Form 1526, SBE Subcontractor Participation O
applicable) Summary
Yes Form 0580, Drug-Free Workplace Certification N/A
Yes Organizational Profile Y
Yes Conflict of Interest/Non Conflict of Interest W
Statement
• This is on company letterhead
Yes Complaint Notification/Bid General Conditions See General
• This is on company letterhead Conditions
Paragraph 26
*Reminder* The Proposer must submit all supporting documentation in the name of
Proposer's entity only. Parent and/or subsidiary entities will not be acceptable.
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GENERAL CONDITIONS FOR BIDS
The General Conditions for Bids, Special Conditions, Specifications, Addenda, and/or any
other pertinent documents form a part of the Invitation to Bid, and by reference are made a part
thereof.
1. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and/or
services as listed herein for The School Board of Palm Beach County, Florida (hereinafter
referred to as the "Board"), the corporate body politic that governs, operates, controls, and
supervises the School District of Palm Beach County, Florida (hereinafter referred to as
"District").
2. ANTI-COLLUSION: By electronically submitting a bid, the bidder certifies that it has not
divulged, discussed or compared its bid with other bidders and has not colluded with any other
bidder or parties to a bid whatsoever. No premiums, rebates or gratuities are permitted either
with, prior to, or after any delivery of materials. Any such violation will result in the cancellation
and/or return of materials (as applicable) and the removal of the bidder from all bid lists for the
School Board of Palm Beach County, Florida.
3. BIDS: Bids will be received electronically through a secure site at BidSync.com until the date
and time as indicated in this bid document. Bids will be opened publicly at the School District
of Palm Beach County, Purchasing Department, 3300 Forest Hill Boulevard, Suite A-323,
West Palm Beach, FL 33406-5813, and all bidders and general public are invited to attend. It
is the sole responsibility of the bidder to ensure its bid reaches BidSync on or before the
closing date and hour as indicated in this bid document.
4. CONTRACT: The submission of your bid constitutes a firm offer by the bidder. Upon
acceptance by the Board, the Purchasing Department will issue a notice of award and
purchase order(s) for any supplies, equipment and/or services as a result of this bid. The
Invitation to Bid and the corresponding purchase order(s) will constitute the complete
agreement between the successful bidder and the Board. Unless otherwise stipulated in the
bid documents or agreed to in writing by both parties, no other contract documents shall be
issued or accepted.
5. WITHDRAWAL: When a bidder wishes to withdraw a bid, a written request shall be submitted to
the Director of Purchasing and the request will be reviewed for consideration. In no case shall
a bidder be granted a release from a bid more than one time in a two-year period. A bidder
may not withdraw a bid after the final call for bids at a designated time of opening.
6. DEFAULT: In case of default by the bidder, the Board may procure the articles or services from
other sources and hold the bidder responsible for any excess costs incurred thereby.
7. FUNDING OUT/ CANCELLATION OR TERMINATION WITH OR WITHOUT CAUSE:
A. The School Board reserves the right to terminate this Contract for convenience, at any
time and for no reason, upon giving thirty (30) days prior written notice to Bidder. If the
Contract is terminated for convenience as provided herein, the School Board shall be
relieved of all obligations under the Contract. The School Board will only be required to
pay to the Bidder that amount of the Contract actually satisfactorily performed to the date
of termination. The Bidder shall not be entitled under any theory to payment for work not
actually performed or lost profits.
B. If the Bidder materially breaches its obligations under this Contract, the Superintendent
will provide written notice of the deficiency by forwarding a notice citing the specific
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nature of the material breach. The Bidder shall have thirty (30) days to cure the breach.
If the Bidder fails to cure the breach within the thirty (30) day period, the Superintendent
shall issue a Notice of Termination for Default. Once the Superintendent has notified the
Bidder that it has materially breached its Contract with the School Board, the
Superintendent shall recommend to the School Board that it terminates the Contract for
Cause. Notwithstanding the foregoing, the School Board reserves the right to terminate
this Contract immediately with cause if necessary to protect the health, safety, and/or
welfare of the School District's students or employees. The School Board shall review
and consider the Superintendent's recommendation and determine whether the Bidder
should be suspended from doing future work with the School Board, and if so, for what
period of time. The School Board will consider the seriousness of the breach in making a
determination as to whether a Bidder should be debarred, and if so, for what period of
time. The School Board will consider the seriousness of the breach in making a
determination as to whether a Bidder should be debarred, and if so, for what period of
time. Should the School Board terminate for default in accordance with this provision, the
School Board shall be entitled to recover reprocurement costs in addition to all other
remedies under law and/or equity. For purposes of this Section, a "material breach" shall
be defined as any substantial, unexcused non-performance by failing to perform an act
that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Contract.
The Bidder shall have the option to terminate the Contract upon written notice to the
Director of Purchasing. Such notice must be received at least sixty (60) days prior to the
effective date of termination. Early termination of the Contract by the Bidder may result in
removal from bidders/responder list and may result in Bidder being debarred. The
debarment shall be for a period commensurate with the seriousness of the causes,
generally not to exceed three (3) years. When the offense is willful or blatant, a longer
term of debarment may be imposed, up to an indefinite period.
C. Funding Out: Florida School Laws prohibit the Board or its designee from creating
obligations on anticipation of budgeted revenues from one fiscal year to another without
year-to-year extension provisions in the contracts.
It is necessary that fiscal funding out provisions be included in all bids in which the terms
are for periods of longer than one year.
Therefore, the following funding out provisions are an integral part of this Invitation to Bid
and must be agreed to by all bidders:
The Board or its designee may, during the contract period, terminate or discontinue the
items covered in this bid for lack of appropriated funds upon the same terms and
conditions.
Such prior written notice will state:
1. That the lack of appropriated funds is the reason for termination, and
2. Board agrees not to replace the equipment or services being terminated with
equipment and services with functions similar to those performed by the
equipment covered in this bid from another vendor in the succeeding funding
period.
"This written notification will thereafter release the School Board of Palm Beach
County, Florida of all further obligations in any way related to such equipment
covered herein".
When any of the parties desire to give notice to the other, such notice must be in writing,
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sent by U.S. Mail/Federal Express/United Parcel Service or other traceable method,
postage prepaid, addressed to the party for whom it is intended at the place last specified.
The place for giving notice shall remain such until it is changed by written notice in
compliance with the provisions of this paragraph. For the present, the Parties designate
the following as the respective places for giving notice:
To School Board: Director of Purchasing Department
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite A323
West Palm Beach, FL 33406
With a copy to: Inspector General
The School District of Palm Beach County
3300 Forest Hill Blvd., Suite C306
West Palm Beach, FL 33406
To Contractor:
8. BIDDERS' RESPONSIBILITY: Before submitting its bid, each bidder is required to carefully
examine the Invitation to Bid delivery schedule, bid prices and extensions, insurance
requirements, licensing requirements, bid closing date and time and to completely familiarize
itself with all of the terms and conditions that are contained within the Invitation to Bid. Failure
to do so on the part of the bidder will in no way relieve it of any of the obligations and
responsibilities which are a part of the Invitation to Bid.
The Board objects to and shall not consider any additional terms or conditions
submitted by a respondent, including any appearing in documents attached as part of a
respondent's response. In submitting its response, a respondent agrees that any
additional terms or conditions, whether submitted intentionally or inadvertently, shall
have no force or effect. Failure to comply with terms and conditions, including those
specifying information that must be submitted with a response, shall be grounds for
rejecting a response.
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90)
days from the date of award by the Board or time stated in special conditions.
9. AWARDS: In the best interest of the District, the Purchasing Department reserves the right to
reject any and all bids and to waive any minor irregularity in bids received; to accept any item
or group of items unless qualified by bidder; to acquire additional quantities at prices quoted on
the Invitation to Bid unless additional quantities are not acceptable, in which case the bid
sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a
result of this bid shall conform to applicable Florida Statutes.
10. THE JESSICA LUNSFORD ACT: All awarded bidders who are permitted access on school
grounds when students are present, who may have direct contact with any student of the
District, or who may have access to or control of school funds must be fingerprinted and
background checked. Awarded bidder agrees to undergo a background check and
fingerprinting if he/she is an individual who meets any of the above conditions and to require
that all individuals in the organization who meet any of the conditions to submit to a Level 2
FDLE background check and FBI screening, including fingerprinting by the School District's
Police Department, at the sole cost of Awarded bidder. The report of the results will be
immediately transmitted to the School District's Police Department, which shall be the sole
determiner of clearance. Awarded bidder shall not begin providing services contemplated by
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the Invitation to Bid until Awarded bidder receives notice of clearance by the School District and
is issued School District badges. Compliance requiring all awarded bidders to register as a
visitor before entering school property and proper display of School District badges will be
strictly enforced. Neither the Board, nor its members, officers, employees, or agents, shall be
liable under any legal theory for any kind of claim whatsoever for the rejection of Awarded
bidder (or discontinuation of Awarded bidder's services) on the basis of these compliance
obligations. Awarded bidder agrees that neither the Awarded bidder, nor any employee, agent
or representative of the Awarded bidder who has been convicted or who is currently under
investigation for a crime delineated in section 435.04, Florida Statutes, will be employed in the
performance of the contract.
11. DISQUALIFYING CRIMES: The bidder certifies by submission of this bid that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from participation in this transaction by the State of Florida or Federal
Government. Further, the bidder certifies that it will divulge information regarding any of these
actions or proposed actions with other governmental agencies. A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not provide any goods or services or transact business with The School District of Palm
Beach County, Florida for a period of 36 months from the date of being placed on the
convicted vendor list.
12. ADVERTISING: In submitting a bid, bidder agrees not to use the results therefrom as a part of
any commercial advertising without prior approval of the District.
13. LOBBYING: Bidders are hereby advised that they are not to lobby with any district personnel or
board members related to or involved with this bid until the administration's recommendation
for award has been posted at BidSync.com, and at the Fulton Holland Educational Services
Center, Purchasing Department area. All oral or written inquiries must be directed through the
Purchasing Department.
Lobbying is defined as any action taken by an individual, firm, association, joint venture,
partnership, syndicate, corporation, and all other groups who seek to influence the
governmental decision of a board member or district personnel after advertisement and prior to
the posted recommendation on the award of the Contract.
Any bidder or any individuals that lobby on behalf of bidder during the time specified will result in
rejection /disqualification of said bid.
14. GOVERNING LAW AND VENUE: The Contract Documents shall be construed in accordance
with the laws of the State of Florida, without regard to conflict of laws provisions. If any
litigation shall result from the Contract Documents, the parties shall submit to the jurisdiction of
the State Courts of the 15th Judicial Court and exclusive venue shall lie in Palm Beach County,
Florida. BY ENTERING INTO THIS AGREEMENT, VENDOR AND SCHOOL BOARD OF
PALM BEACH COUNTY, FLORIDA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT. IF A PARTY FAILS TO WITHDRAWA REQUEST FOR A JURY TRIAL IN A
LAWSUIT ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE
OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST
FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND
COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL, AND
SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION.
15. TAXES: The School District of Palm Beach County, is exempt from any taxes imposed by the
State and/or Federal Government. State Sales Tax Exemption Certificate No. 85-
8013897253C-1 and Federal Excise Tax No. 59-600783 appears on each purchase order.
This exemption does not apply to purchase of tangible personal property made by contractors
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who use the tangible personal property in the performance of contracts for the improvements
of School District-owned real property as defined in Chapter 192, Florida Statutes.
16. ASSIGNMENT: The successful bidder shall not sub-contract, assign, transfer, convey, sublet,
or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its
power to execute such contract to any person, firm, or corporation without prior written
consent of the Board.
17. Termination: This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after receipt of written notice from the
aggrieved party identifying the breach. This Agreement may be terminated for cause for
reasons including, but not limited to, Vendor's repeated (whether negligent or intentional)
submission for payment of false or incorrect bills or invoices, failure to suitably perform the
work; or failure to continuously perform the work in a manner calculated to meet or accomplish
the objectives as set forth in this Agreement. The Agreement may also be terminated for
cause if the Vendor is placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created to
Section 215.473, Florida Statutes, or if the Vendor provides a false certification submitted
pursuant to Section 287.135, Florida Statutes.
This Agreement may also be terminated for convenience by the School District of Palm Beach
County, Florida
In the event this Agreement is terminated for convenience, Vendor shall be paid for any goods
or services properly performed under the Agreement through the termination date specified in
the written notice of termination. Vendor acknowledges and agrees that it has received good,
valuable and sufficient consideration from The School Board of Palm Beach County, Florida,
the receipt and adequacy of which are, hereby acknowledged by Vendor, for The School Board
of Palm Beach County, Florida's right to terminate this agreement for convenience.
18. SUBCONTRACTING: If an awarded bidder intends to subcontract any portion of the Contract
for any reason, the name and address of the subcontracting firm must be submitted along with
the bidder's bid or prior to use for approval. No subcontracting will take place prior to bid-
awarded bidder furnishing this information and receiving written approval from the District.
The Purchasing Department reserves the right to reject a subcontractor who previously failed
in the proper performance of a contract or failed to deliver on-time contracts of a similar nature,
or who, the District has determined in its sole discretion, is not in the position to perform the
contract due to the subcontractor's size, experience, or resources. The District reserves the
right to inspect all facilities of any subcontractor in order to make determination as to the
foregoing. The subcontractor will be equally responsible for meeting all requirements specified
in the Invitation to Bid.
19. DEBARMENT: The Board shall have the authority to debar a person /corporation for cause for
consideration or award of future contracts. The debarment shall be for a period
commensurate with the seriousness of the causes, generally not to exceed three (3) years.
When the offense is willful or blatant, a longer term of debarment may be imposed, up to an
indefinite period.
20. REQUIREMENTS FOR PERSONNEL ENTERING DISTRICT PROPERTY: Possession of
firearms will not be tolerated in or near school buildings; nor will violations of Federal and State
laws and any applicable Board policy regarding Drug Free Workplace be tolerated. Violations
will be subject to the immediate termination provision heretofore stated in Paragraph 16, Legal
Requirements.
"Firearm" means any weapon (including a starter gun or antique firearm) which will, is
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designed to, or may readily be converted to expel a projectile by the action of an explosive; the
frame or receiver of any such weapon; any destructive device; or any machine gun.
No person who has a firearm in their vehicle may park their vehicle on District property.
Furthermore, no person may possess or bring a firearm on District property.
If any employee of an independent contractor or sub-contractor is found to have brought a
firearm on District property, said employee must be terminated from the Board project by the
independent contractor or sub-contractor. If the sub-contractor fails to terminate said
employee, the sub-contractor's agreement with the independent contractor for the Board
project shall be terminated. If the independent contractor fails to terminate said employee, the
independent contractor's agreement with the Board shall be terminated.
Bidders are advised that they are responsible to ensure that no employee, agent or
representative of their company who has been convicted or who is currently under
investigation for a crime against children in accordance with section 435.04, Florida Statutes,
will enter onto any school site.
21. PRODUCT RECALL, In the event the awarded bidder receives notice that a product delivered
by the awarded bidder to the District has been recalled, seized or embargoed, and/or has been
determined to be misbranded, adulterated, or found to be unfit for human consumption by a
packer, processor, subcontractor, retailer, manufacturer, or by any State or Federal regulatory
agency, the awarded bidder shall notify the District's Bid Purchasing Agent within two business
days of receiving such notice. The District's acceptance or failure to reject the affected
product as non-conforming shall not in any way impact, negate, or diminish the awarded
bidder's duty to notify the District's Purchasing Agent that the affected product has been
recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or
found to be unfit for human consumption. The form and content of such notice to the District
shall include the name and description of the affected product; the approximate date the
affected product was delivered to the District; the bid number; and relevant information relating
to the proper handling of the affected product and/or proper disposition of the affected product
by the District, if necessary to protect the health, welfare, and safety of District students or
employees; and any health hazards known to the awarded bidder which may be caused or
created by the affected product. The awarded bidder shall, at the option of the Purchasing
Department and/or Purchasing Agent, either reimburse the purchase price or provide an
equivalent replacement product at no additional cost to the District. Unless it was absolutely
necessary for the District to dispose of the affected product, the awarded bidder shall be
responsible for removal and/or replacement of the affected product within a reasonable time,
as determined by the District, without causing significant inconvenience to the District.
At the option of the District, the awarded vendor may be required to reimburse storage
and/or handling fees to be calculated from time of delivery and acceptance to actual
removal or disposal. The awarded vendor will bear all costs associated with the
removal and proper disposal of the affected product. The failure to reimburse the
purchase price and storage and/or handling fees or to remove and/or replace the
affected product with an equivalent replacement within a reasonable time without
significant inconvenience to the District will be considered a default.
22. USE OF OTHER CONTRACTS: The District reserves the right to utilize any other District
contract, any State of Florida Contract, any contract awarded by any other city or county
governmental agencies, any other school board, any other community college/state university
system cooperative bid agreement, or to directly negotiate/purchase per School Board policy
and/or State Board Rule 6A-1.012(6) in lieu of any offer received or award made as a result of
this bid, if it is in the best interest to do so. The District also reserves the right to separately
bid any single order or to purchase any item on this bid if it is in its best interest to do so.
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23. JOINT-BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a
response to this Invitation to Bid agree that such response also constitutes a bid to all State
Agencies and Political Subdivisions of the State of Florida under the same conditions, for the
same prices and for the same effective period as this bid, should the bidder(s) deem it in the
best interest of their business to do so.
This agreement in no way restricts or interferes with any state agency or political subdivision of
the State of Florida to rebid any or all items.
24. FAILURE TO DELIVER: Failure to deliver as specified and at bid price will authorize the Board
to purchase these items or services from other sources and hold the bidder responsible for
any excess costs incurred thereby. Further, the Purchasing Department may recommend to
the School Board that the vendor failing to deliver as specified be removed as a future bidder
on all bids for a period of up to three years.
25. ANTI-DISCRIMINATION: The Bidder certifies that they are in compliance with the non-
discrimination clause contained in Section 202, Executive Order 11246, as amended by
Executive Order 11375 relative to equal employment opportunity for all persons without regard
to race, color, religion, sex or national origin. The provisions of the ADA Act of 1990 pertaining
to employment shall also be applicable.
The Bidder shall not discriminate on the basis of race, gender, gender identity or expression,
religion, national origin, ethnicity, sexual orientation, age or disability in the solicitation,
selection, hiring, or treatment of sub-contractors, vendors, suppliers, or commercial
customers. The Bidder shall provide equal opportunity for sub-contractors to participate in all
of its public sector and private sector sub-contracting opportunities, provided that nothing
contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of
marketplace discrimination that has occurred or is occurring in the marketplace, such as those
specified in the Palm Beach County School Board Policy 6.143. The Bidder understands and
agrees that violation of this clause is a material breach of the contract and may result in
contract determination, debarment, or other sanctions.
26. COMPLAINT NOTIFICATIONS: As part of its bid, Bidder shall provide to the District a list of all
instances within the past ten (10) years where a complaint was filed against Bidder in a legal
or administrative proceeding, regardless of whether the complaint has been resolved or is
currently pending, alleging that Bidder discriminated against an employee, independent
contractor, subcontractor, vendor, supplier, or commercial customer on the basis of race,
gender, gender identity or expression, religion, national origin, ethnicity, sexual orientation, age,
or disability, in violation of applicable Federal and/or Florida law.
The Bidder must provide a description of each of the complaint(s) and: (i) the terms of
resolution of all adjudicated/settled complaints, including any remedial action taken by Bidder;
and (ii) the status of, and Bidder's response to, all pending complaints.
The School District will consider a Bidder's complaint history information in its review
and determination of responsibility. The failure of a Bidder to comply with the
requirements in this Section will result in Bidder being deemed non-responsive by the
Director of Purchasing. If no complaints have been filed within 10 years, please so
state on Company Letterhead and upload with your response as proof.
27. CONTRACT DISCLOSURE: Upon the District's request, and upon the filing of a complaint
against awarded bidder pursuant to Palm Beach County School Board Policy 6.144, awarded
bidder agrees to provide the District, within sixty calendar days, a truthful and complete list of
the names of all subcontractors, vendors, and suppliers that bidder has used in the past five
years on any of its contracts that were undertaken within the District relevant geographic
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market as defined in Palm Beach County School Board Policy 6.143, including the total dollar
amount paid by bidder for each subcontract or supply contract. Awarded bidder agrees to fully
cooperate in any investigation conducted by the District pursuant to this Policy. Bidder
understands and agrees that violation of this clause is a material breach of the Contract and
may result in contract termination, debarment, and other sanctions.
28. INDEMNIFICATION AND HOLD HARMLESS: Bidder shall, in addition to any other obligation
to indemnify The School Board of Palm Beach County, Florida and to the fullest extent
permitted by law, protect, defend, indemnify and hold harmless the School Board, its agents,
officers, elected officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged;
A. bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting there from, or any other damage or loss arising out of, or
claimed to have resulted in whole or in part from any actual or alleged negligent act or
omission of the vendor, Contractor, subcontractor, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable in the performance of
the work; or
B. violation of law, statute, ordinance, governmental administration order, rule or regulation by
Contractor in the performance of the work; or
C. liens, claims or actions made by the vendor or any subcontractor or other party performing
the work; or
D. claims by third parties (including, but not limited to, Contractor's employees or
subcontractors) based upon an alleged breach by Contractor of any agreement with such
third party (e.g., an employment agreement or licensing agreement), or allegation that
Contractor's provision of services to the School Board pursuant to the Contract infringes
upon or misappropriates a patent, copyright, trademark, trade secret, or other proprietary
right of the third party.
The indemnification obligations hereunder shall not be limited to any limitation on the amount,
type of damages, compensation or benefits payable by or for the vendor of any subcontractor
under workers' compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar.
Bidder recognizes the broad nature of this indemnification and hold harmless article, and
voluntarily makes this covenant for good and valuable consideration provided by the School
Board in support of this indemnification in accordance with the laws of the State of Florida.
This article will survive the termination of this Contract.
29. BRAND NAMES: Use of a brand name, trade name, make, model, manufacturer, or vendor
catalog number in specifications is for the purpose of establishing a grade or quality of
material only. It is not the District's intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it
is the vendor's responsibility to submit with the bid brochures, samples and/or detailed
specifications on items bid. The District shall be the sole judge concerning the merits of bid
submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder
warrants that there has been no violation of copyrights or patent rights in manufacturing,
producing or selling the goods shipped or ordered as a result of this bid. Seller agrees to hold
the purchaser harmless from any and all liability, loss or expense occasioned by any such
violation.
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30. MANUFACTURER'S CERTIFICATION: The District reserves the right to request from
bidders separate manufacturer certification of all statements made in the response to
Invitation to Bid.
31. OCCUPATIONAL HEALTH AND SAFETY: Bidder, as a result of award of the bid, delivering
any toxic substances item as defined in Code of Federal Regulation Chapter 29, shall furnish
to the Purchasing Department, a Material Safety Data Sheet (MSDS). The material safety
data sheet shall be provided with initial shipment and shall be revised on a timely basis as
appropriate.
The MSDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substance, including:
(1) The potential for fire, explosion, corrosively and reactivity;
(2) The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure
to the toxic substance; and
(3) The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and
other safety precautions in the use of or exposure to the toxic substances including
appropriate emergency treatment in case of overexposure.
D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic
substance intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name,
address and emergency telephone number of the manufacturer responsible for preparing
the information.
Any questions regarding this requirement should be directed to: Department of Labor and
Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information
Center, 2551 Executive Center Circle West, Tallahassee, FL 32301-5014, Telephone 1-800-
367-4378.
32. OSHA: The bidder warrants that the product/services supplied to the School District of Palm
Beach County shall conform in all respects to the standards set forth in the Occupational
Safety and Health Act 1970, as amended, and the failure to comply with this condition will be
considered as a breach of contract.
33. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and
regulations as well as School Board policies that in any manner affect the items covered by
this Purchase Order herein apply and must be adhered to by the vendor. Specifically, bidder
(s) is to adhere to School Board Policies 3.12 and 3.13, pursuant to the following, with respect
to any criminal arrests and convictions, and is on notice thereto that any employees involved in
any Chapter 435, Florida Statutes offenses are precluded from continuing to work on the
project and must be replaced. Failure to comply may result in the immediate termination of the
awarded bidder's contract at the sole discretion of the District. Lack of knowledge by the
bidder will in no way be a cause for relief from responsibility.
In addition, if applicable, vendor compliance is required for the following: Clean Air Act (42
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U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the
Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, as amended.
34. GOVERNMENT FUNDING: Funding for this Agreement and the individual POs may be
provided in whole or in part by one or more U.S. Government funding agencies. As a result,
Vendor shall comply with the applicable laws and regulations listed below, the entire terms
and conditions of which are fully incorporated herein:
Rights to Inventions Made Under a Contract or Agreement
Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)
Byrd Anti-Lobbying Amendments (31 U.S.C. 1352)
Energy Policy and Conservation Act (42 U.S.C. 6201)
Recovered Materials - Must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act, and Environmental Protection
Agency (EPA) at 40 CFR part 247.
35. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price
and extend total. Prices must be stated in units of quantity specified in bid specifications. In
case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern.
All prices FOB destination, freight prepaid (unless otherwise stated in special conditions).
Discounts for prompt payment: Award, if made, will be in accordance with terms and
conditions stated herein. Each item must be bid separately and no attempt is to be made to
tie any item or items in with any other item or items. Cash or quantity discounts offered will
not be a consideration in determination of award of bid(s). If a bidder offers a discount, it is
understood that a minimum of 30 days will be required for payment, and the discount time
will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
36. CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or
shipped as a result of this bid shall be new (current production model at the time of the bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
37. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all
manufactured items and fabricated assemblies shall be UL listed or re-examination testing
where such has been established by UL for the items offered and furnished.
38. DELIVERY: Unless actual date of delivery is specified, show number of days required to make
delivery after receipt of purchase order in space provided. Delivery time may become a
basis for making an award (See Special Conditions). Delivery shall be within the normal
working hours of the user, Monday through Friday, excluding holidays unless otherwise
specified on the purchase order.
39. QUALITY: The items bid must be new and equal to or exceed specifications. The
manufacturer's standard guarantee shall apply. During the guarantee period the successful
bidder must repair and/or replace the unit without cost to the District with the understanding
that all replacements shall carry the same guarantee as the original equipment. The
successful bidder shall make any such repairs and/or replacements immediately upon
receiving notice from the District.
40. SAMPLES, DEMONSTRATIONS AND TESTING:
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A. Samples of items, when required, must be furnished free of expense and if not destroyed,
will upon request, be returned at the bidder's expense. Request for the return of the
samples must be indicated on his or her bid. Each individual sample must be labeled with
bidder's name, bid number and item number. Failure of bidder to either deliver required
samples or to clearly identify samples as indicated may be reason for rejection of the bid.
Unless otherwise indicated, samples should be delivered to the Purchasing Department,
School District of Palm Beach County.
B. When required, the District may request full demonstrations of any units bid prior to the
award of any contract.
C. Items may be tested for compliance with specifications under the direction of the Florida
Department of Agriculture and Consumer Services, or an independent testing laboratory.
Bidders shall assume full responsibility for payment for any and all charges for testing and
analysis of any materials offered or delivered that do not conform to the minimum required
specifications. Bidder's disposition of all items delivered in this category must be at no
expense to the District.
41. INSPECTION AND ACCEPTANCE OF GOODS: The awarded bidder shall be responsible
for delivery of items in good condition at point destination. Bidder shall file with the carrier all
claims for breakage, imperfections, and other losses, which will be deducted from invoices.
The District will note, for the benefit of successful bidder, when packages are not received in
good condition. In the event the material and/or services supplied to the District is found to be
defective or does not conform to specifications, the District reserves the right to cancel the
order upon written notice to the seller and return the product to seller at the seller's
expense.
42. LIABILITY, INSURANCE, LICENSES, AND PERMITS: Where bidders are required to enter
or go onto District property to deliver materials or perform work or services as a result of bid
award, the bidder will assume the full duty obligation and expense of obtaining all necessary
licenses, permits and insurance. Bidder shall be liable for any damage or loss to the District
incurred by bidder, bidder's employees, licensees of the bidder or agent or any person the
bidder has designated in completion of his or her contract as a result of the bid; further bidder
shall be liable for all activities of bidder occasioned by performance of the Contract.
Notwithstanding the foregoing, the liability herein shall be limited to ten million dollars
($10,000,000) and the bidder recognizes that and covenants that it has received
consideration for indemnification provided herein.
43. SPECIFICATIONS: Any omissions of detail specifications stated herein that would render the
materials/service from use as specified will not relieve the bidder from responsibility.
44. BID BONDS AND PERFORMANCE BONDS: Bid bonds, when required, shall be submitted
with the bid in the amount specified in Special Conditions. Bid bonds will be returned to
unsuccessful bidders. After award of contract, the District will notify the successful bidder to
submit a performance bond in the amount specified in Special Conditions. Upon receipt of
the performance bond, the bid bond will be returned to the successful bidder.
45. QUANTITIES: The quantities shown are estimates of the quantity of items expected to be
purchased during the term of award. Actual quantities purchased may often exceed or be less
than quantities shown. Orders will be placed as needed by individual locations during the
contract period. The bidder agrees that the price(s) offered shall be maintained irrespective of
the quantity actually purchased.
46. ORDERING PROCEDURE: Specific Items: After approval of Contract award by the Board, a
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letter of contract acceptance will be issued to each successful bidder acknowledging which
goods or services have been awarded. Separate purchase orders will be issued based on
specific items at firm, fixed prices listed in the bid.
Percent Discount Catalog Bids: Separate purchase orders will be issued with pricing based
on catalog and/or price lists.
No item may be shipped or service performed that is not listed on the purchase order.
47. POSTING OF BID AND SPECIFICATIONS: Invitation to Bid with specifications will be posted
for review by interested parties at BidSync.com and at the Fulton Holland Educational Services
Center, Purchasing Department, 3300 Forest Hill Boulevard, Third Floor, A-Wing Suite A-323,
West Palm Beach, FL 33406, on the date of bid electronic mailing and will remain posted for a
period of 72 hours. Failure to file a specification protest within the time prescribed in section
120.57(3), Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida
Statutes, and applicable Board rules, regulations and policies.
48. BID PROTEST: If a bidder wishes to protest a bid, they must do so in strict accordance with
the procedures outlined in section 120.57(3), Florida Statutes, the Invitation to Bid, and School
Board Policy 6.14.
Any person who files an action protesting bid specifications, a decision or intended decision
pertaining to this bid pursuant to section 120.57(3)(b), Florida Statutes shall post with the
Purchasing Department, at the time of filing the formal written protest, a bond secured by an
acceptable surety company in Florida payable to The School Board of Palm Beach County,
Florida in an amount equal to one percent (1%) of the total estimated contract value, but not
less than $500.00 nor more than $5,000.00. Bond shall be conditioned upon the payment of all
costs that may be adjudged against the protester in the administrative hearing in which the
action is brought and in any subsequent appellate court proceeding. In lieu of a bond, a
cashier's check, certified bank check, bank certified company check or money order will be
acceptable form of security. If, after completion of the administrative hearing process and any
appellate court proceedings, the District prevails, it shall recover all costs and charges
included in the final order of judgment, including charges by the Division of Administrative
Hearings. Upon payment of such costs and charges by the protester, the protest security shall
be returned.
49. TIE BID: According to FS 287.087, in the event of a tie, preference shall be awarded to vendors
with Drug Free Work Place programs. Whenever two or more responses are equal with
regard to price, quality, and service, a bid received from a business that certifies that it has
implemented a Drug Free Work Place program shall be given preference in the award
process. In the event both vendors have a Drug Free Work Place program, preference shall
be awarded to the vendor who is certified as an SBE certified vendor with the School District. If
both vendors meet all three requirements, according to standard purchasing practice, the tie
will be resolved by a coin toss. The vendor whose company's name comes first in the
alphabet will be assigned "heads" and the second vendor will be assigned "tails". The coin
will be tossed a minimum of three times. The vendor whose side of the coin selected wins
two out of three times will be the named as the first ranked proposer and recommended for
award. In the event of a 3-way (or more) tie, the vendor's company name will be chosen in a
drawing.
50. INTERPRETATIONS: Neither BidSync nor any employee of the District is authorized to
interpret any portion of the Invitation to Bid or give information as to the requirements of the bid
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The School District of Palm Bid 20C-21T
Beach County
in addition to that contained in the written bid document. Interpretations of the bid or additional
information as to its requirements, where necessary, shall be communicated to bidders by
written addendum.
51. SPECIAL CONDITIONS: To the extent that any conflict exists between the provisions of the
General Conditions, the Special Conditions, and bidder's proposal, the order of precedence
to resolve a conflict shall apply: 1) the Special Conditions, 2) the General Conditions, and all
exhibits thereto, including any addenda, 3) Contractor's response to the ITB, including any
appendix and exhibits.
52. DISPUTE RESOLUTION: As a condition precedent to a party bringing any suit for breach of
contract related to this bid, that party must first notify the other party in writing of the nature of
the purported breach and seek in good faith to resolve the dispute through negotiation. If the
parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non-binding alternative dispute resolution with a qualified third party
acceptable to both parties. The existence of a dispute shall not excuse the parties from
performance pursuant to this bid. This remedy is supplemental to any other remedies
available at law.
53. WAIVER PROVISION: The parties agree that each requirement, duty and obligation set forth
herein is substantial and important to the formation of this bid and, therefore, is a material
term hereof. Any party's failure to enforce any provision of this bid shall not be deemed a
waiver of such provision or modification of this bid. A waiver of any breach of a provision of
this bid shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this bid.
54. Trade Secrets: Upon receipt, all submittals become Public Records and shall be
subject to public disclosure consistent with Chapter 119, Florida Statutes.
By submitting its bid, Bidder understands and waives any claim of confidentiality, including
trade secrets, to its pricing and/or cost of service related submittals.
Any Bidder that intends to assert that certain materials are exempt from public disclosure
under Chapter 119, Florida Statutes must submit the documents in a separate bound
document or file labeled "Name of Firm, Attachment to Proposal Package. Bid# - Confidential
Matter." In addition, the firm must identify the specific statute that authorizes the exemption
from Chapter 119, Florida Statutes. CD or DVDs included in a submittal must also comply
with this requirement and the firm must separate any CD or DVDs claimed to be confidential.
Any claim of confidentiality on materials that the Proposer asserts to be exempt and
placed elsewhere in the submittal will be considered waived by the Proposer upon
submission, upon opening.
The School District will provide Proposer with prompt notice by phone and/or email of any
request for public records in which that Proposer has claimed an exemption information being
a Trade Secret so that the Proposer may see, at its sole expense, an appropriate protective
order from a court of competent jurisdiction. In the event the Proposer elects not to seek an
appropriate protective order or is unable to obtain such an order within no later than ten (10)
business days following receipt of notice, the Proposer agrees and consents that the School
District shall be permitted to respond to the public records request with the response not being
deemed a breach by the School Board of its obligations under the Agreement or the Florida
Statutes governing Trade Secret exemptions. The Proposer would then be waiving any rights
relating to Trade Secrets under Florida Law. Proposer agrees to defend, indemnify, and hold
harmless the School District and School Board and the School District's officers, employees,
School Board members, and agents, against any loss, damages,judgements, attorneys' fees
or cost incurred by School Board as a result of the School District's providing the records in
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The School District of Palm Bid 20C-21T
Beach County
response to the public records request or withholding them based on Proposer's assertion of
the Trade Secret exemption.
The indemnification provisions survive the School Board's award of the contract and
remain as long as the trade secret data is in the possession of the School Board.
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The School District of Palm Bid 20C-21T
Beach County
THE SCHOOL DISTRICT OF PALM
BEACH COUNTY PURCHASING
DEPARTMENT
3300 Forest Hill Boulevard,
Suite A-323 West Palm
Beach, FL 33406-5813
INVITATION TO BID
Bidder Acknowledgement
Vendor Name:
Vendor Mailing Address:
E-Mail Address
Area Code I Telephone Number:
Toll-Free Telephone Number:
Fax Number:
Web Address:
FEID No. or SS #:
Delivery calendar days after receipt of order:
ANTI-COLLUSION
By electronically submitting your bid, the bidder certifies that they have not
divulged, discussed or compared their bid with other bidders and have not
colluded with any other bidder or parties to a bid whatsoever. No premiums,
rebates or gratuities permitted either with, prior to, or after any delivery of material.
Any such violation will result in the cancellation and/or return of materials (as
applicabland the removal from the bid lists for the School District of Palm Beach
County, Florida and I hereby certify that I have read and understand the
requirements of this Invitation to Bid and that I am duly authorized to execute this
offer document and any contract(s) and/or other transaction by award of this bid.
BID CERTIFICATION
I further certify that I have read the entire contents of this Invitation to Bid
document and agree to full, complete and unconditional acceptance of the contents
of this Invitation to Bid and all appendices and the contents of any Addendum
released hereto. I further certify that by virtue of executing and returning this
Bidder Acknowledgement Form, I am submitting the following information as this
company's response.
Name of Representative Submitting Bid:
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Beach County
Title of Company Representative: Date:
Revised 1/9/14
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The School District of Palm Bid 20C-21T
Beach County
20C-21T-Quote/Estimate Sheet
Vendor Name Date
Project Name RFQ#(if applicable)
Pricing must be in accordance with and not exceed that submitted in base bid 20C-21T.
Additional educational discounts will be accepted. At the bottom of the sheet,enter dollar amount for additional discount.
Labor
Description(personnel title/Reg.or O.T.) Qty.Hrs Labor Rate Extended Price
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Total Labor $ -
Materials/Equipment
Details(include mfg.,desc.,mfg.part#) Contractors Price Quantity Cost Plus Percentage Extended Price
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.000 0% 0.00
Total Mat'I/Equip. $ -
Price Extended Price
Misc.consumable materials* $0.00 0.00
Price Extended Price
Freight(expedited)** $0.00 0.00
Carry Forward From Additional Page(s) 0.00
Additional Educational Discount 0.00
Grand Total
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The School District of Palm Bid 20C-21T
Beach County
* Miscellaneous consumable materials: Items such as nuts,bolts,tape,rags,etc.used in the completion of services.
** Freight(expedited): All freight shall be F.O.B.Destination-Pre Paid. Any expedited freight must be pre-approved prior to shipment.
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The School District of Palm Bid 20C-21T
Beach County
20C-21T - Quote/Estimate Sheet
Vendor Name Date
Pricing must be in accordance with and not exceed that submitted in base bid 20C-21T.
Additional educational discounts will be accepted(increase discount%accordingly)
Labor
Description (personnel title/Reg.or O.T.) Qty. Hrs Labor Rate Extended Price
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Total Labor $ -
Materials/Equipment
Details(include mfg.,desc., mfg. part#) Contractors Cost Quantity Cost Plus Percentage Extended Price
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
$0.00 0 0% 0.00
Total Mat'I/Equip. $ -
Subtotal $ -
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The School District of Palm Bid 20C-21T
Beach County
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
AREA REPRESENTATIVE
Please list the contact for this contract Add
additional forms if necessary
Vendor Name:
Area Representative-
Address-
City/Zip
epresentative:Address:City/Zip Code:
Email Address:
Telephone:
Cell Phone
Fax Number:
Emergency Number:
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The School District of Palm Bid 20C-21T
Beach County
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
DEBARMENT CERTIFICATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants'
responsibilities. The regulations were published as Part IV of the January 30, 1989,
Federal Register (pages 4722-4733). Copies of the regulations may be obtained by
contacting the Department of Agriculture agency with which this transaction originated.
(Before Completing Certification, Read Instructions on Following Page)
(1) The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by an Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participants shall attach an
explanation to this proposal.
Organization Name:
Solicitation Number or Project Name:
Name of Authorized Representative:
Title of Representative:
Date:
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The School District of Palm Bid 20C-21T
Beach County
INSTRUCTION CERTIFICATIONS
1. By electronic submission of this the prospective lower tier participant is providing the
certification set out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage section so rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this that it will include this
clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which is determines the eligibility of its principals. Each
participant may, but is not required to, check the Non-procurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
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The School District of Palm Bid 20C-21T
Beach County
w
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Drug-Free Workplace Certification
Preference must be given to vendors submitting a certification with their bid/proposal certifying they
have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement
affects all public entities of the State and becomes effective January 1, 1991. The special condition is
as follows:
IDENTICAL TIE BIDS - Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to price, quality, and service are received by
the State or by any political subdivision for the procurement of commodities or contractual services, a
bid received from a business that certifies that it has implemented a drug-free workplace program shall
be given preference in the award process. Established procedures for processing tie bids will be followed
if none of the tied vendors have a
drug-free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is
so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
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The School District of Palm Bid 20C-21T
Beach County
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
VENDOR'S SIGNATURE DATE
COMPANY NAME
,7�NW-st-beexecuted and reWmedwith3�,io�edb�idattim,,eof bWomingtobeoonsid'ered,
PBSD 0580 (Rev. 4/8/2003) ORIGINAL - Purchasing Department
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The School District of Palm Bid 20C-21T
Beach County
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
EARLY PAYMENT TERMS
Bid number/Name:
Vendor Name:
If vendor chooses not to participate in Early Payment Terms, please acknowledge by
placing N/A here —
EARLY PAYMENT:
Specify terms and discount for early payment.
Check which terms you will be willing to provide for the duration of this contract to
the School District.
0.5% 10 net 30 *
❑ 0.75% 5net 30 *
* Upon receipt of invoice by the School District of Palm Beach County Accounts
Payable Department.
Note: Updating to these terms will affect all of your District payments. If you choose to
revise these terms at a later date, the terms will affect all of your payments from the District.
Rev. 4/4/13
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The School District of Palm Bid 20C-21T
Beach County
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
REFERENCES
Vendor Name:
Bid number/Name:
This information will be used in the evaluation of this bid.
List a minimum number of required references as stated in the Special Conditions which show experience in similar
work, to include nature and scope of work, which demonstrates an expertise in providing the services as stated
herein. Provide scope of work, contact name, addresses, telephone numbers and dates of service.
Reference 1 - New Customer (one year or less)
Name of Firm:
Scope of Work:
Cost of Service:
Date of Service:
Contact Person:
Email:
Phone #:
Address:
Reference 2 - Past Customer (currently not doing business)
Name of Firm:
Scope of Work:
Cost of Service:
Date of Service:
Contact Person:
Email:
Pae 127 of 97.9
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The School District of Palm Bid 20C-21T
Beach County
Phone #:
Address:
Reference 3 - Repeat or Long Term Customer
Name of Firm:
Scope of Work:
Cost of Service:
Date of Service:
Contact Person:
Email:
Phone #:
Address:
Reference 4 - Repeat or Long Term Customer
Name of Firm:
Scope of Work:
Cost of Service:
Date of Service:
Contact Person:
Email:
Phone #:
Address: '
Reference 5 - Repeat or Long Term Customer
Name of Firm:
Scope of Work:
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The School District of Palm Bid 20C-21T
Beach County
Cost of Service:
Date of Service:
Contact Person:
Email:
Phone #:
Address:
L _-j
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The School District of Palm Bid 20C-21T
Beach County
W_9 Request for Taxpayer
Give Form
Identification Number and to the requester. Do
(Rev. December 2018) not send to the IRS.
Department of the Treasury Certification
nternaI Revenue Service
Print or Name (as shown on your income tax return).Name is required on this line,do not leave this line blank.
type
See
Specific Business name/disregarded entity name, if different from above
Instructions
on page 2.
Check appropriate box for federal tax classification: Exemptions(codes apply only to certain entities,
E]Individual/sole proprietor or single-member LLC E]C Corporation E]S not individuals,see instructions on page 3):
Corporation ❑Partnership ❑Trust/estate
Exempt payee code(if any)
❑Limited liability company. Enter the tax classification (C=C corporation, S=S Exemption from FATCA reporting code(if any)
corporation, P=partnership)
Note: For a single-member LLC that is disregarded,do not (Applies to accounts maintained outside the U.S.)
check LLC,check the appropriate box in the line above for the tax classification of
the single-member owner
❑Other(see instructions)
Address(number,street,and apt.or suite no.) Requester's name and address (optional)
City, state, and ZIP code
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(SSN).However,for a
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. Employer identification number
Note. If the account is in more than one name,see the instructions for line 1 and the chart on page 4
for guidelines on whose number to enter.
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 not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3.
Sign HereI Signature of
U.S. person Date.
General Instructions Form 1098(home mortgage interest),1098-E(student loan interest),1098-T
Section references are to the Internal Revenue Code unless otherwise (tuition)
noted.
Form 1099-C(canceled debt)Future developments.Information about developments affecting Form - Form 1099-A(acquisition or abandonment of secured property)
W-9(such 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 provide
Purpose of your correct TIN
A person who is required to file an information return with the IRS must If you do not return Form W 9 to the requester with a TIN,you might be subject to
obtain your correct taxpayer identification number(TIN)which may be backup withholding. See What is backup withholding?on page 2.
1/6/2020 8:07 AM Page 130 of 9759
The School District of Palm Bid 20C-21T
Beach County
your social security number(SSN),individual taxpayer identification
number(ITIN),adoption taxpayer identification number(ATIN),or employer By signing the filled-out form,you:
identification number(EIN),to report on an information return the amount
paid to you,or other amount reportable on an information return.Examples 1.Certify that the TIN you are giving is correct(or you are waiting for a number to be
of information returns include,but are not limited to,the following: issued),
Form 1099-INT(interest earned or paid)
2.Certify that you are not subject to backup withholding,or
Form 1099-DIV(dividends,including those from stocks or mutual
funds) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If
Form 1099-MISC (various types of income, prizes,awards,or gross applicable,you are also certifying that as a U.S.person,your allocable share of any
proceeds) partnership income from a U.S.trade or business is not subject to the withholding tax
Form 1099-B (stock or mutual fund sales and certain other on foreign partners'share of effectively connected income,and
transactions by brokers)
Form 1099-5 (proceeds from real estate transactions) 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
Form 1099-K(merchant card and third party network transactions) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on page 2
for further information.
Cat.No.1O231X Form W-9(Rev.12-1014)
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The School District of Palm Bid 20C-21T
Beach County
Form 5•ti-5(Ftay.7272014,4 Fa<ge
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,Iso_se SpE„aaf>naki.s s'ryrlasxtni at-ara.
Special rulasforpartners hips.Par'nar_h,i tr^ato_rd,�aa,t.adanrb,sinessin
the Lirr Stal as ara Xe ne Tel ry ra'g-it t,to pay a rarhhsa ra:ax urJi r Ga^tor, hat IS F iT A reparting?
1445 on a xfor_agnp3rtner_ sFars ofeff_etiv_lyronr�aciaLiaoiale,incomr from
sE_st bus,ress. Tne FDr_gr.kcioLrt Tax Com rr _., ,:tF TU,r,;reaLiras a ban kipaV'-
Furrtar ircartarrssaaswra,reaForm'0d D Is rot, r res a .ltsrugas UndS.€ foeargr.fiearC�3 r_t<Ltbr.to,apert aHUP"raJ�,E.alssaoC:uurrthjG €a that are
_aal ior�,7,4-4Z reqL,1raapa•tr'arahip rpress Lmihatapartr r•a,af0rt rp rsor. serf rUrtad,Sim asp a rso res Can a ir ar a>7 or f rs rnFA?'-A
and pray 1haaecI[on14+5,v0hhoivaraIsx.7tarafore•6yoi,areaJS.graraor,1h,B;s r_pjrting. E�empfi3nfj FA TCA,ie�o, a3a,npaggeSa! it„a
a pa;trerirapa rnerahapr:on56' slingata ?or bur eras ,he Unrtej State=, Ir..structiinnafor tt_R,ejLssrarofForm b”-'Sfor more i formattr,.
provdaF rrrGVt3I's Irapaatr rbip0e ,abErryOlrU.S.St,9us3r,1.ravOidsactbr
#-44€,mu I h told r_or,your s hare of pa rt nerstlip income. I_pdati n g Your Information
Ir I ne oasesb .0 ttefoawirrperson fri€ l giva Form W-�z ths part:rarsripou, m praiosipp ala: "dorm .ior,toany par nn lovinonlyou,'41rne 1.0bea
for purpo_esofest,ab.rsh�ngdaU.E.sraiu;aar•,a or ingw,4.hihoUir.orrrtaal� ti= sxarrp;Pa�,as you,ars r�l rgera:r am ptpa4�am::,zrt dpata aura<ir,?
ahare ofrt ircrms f ro m Ita,parer rshspe r v��.,rq a tra6s ordu.ainassin1ha repo!Iabepay na a rtsii n thafLit srafromttrspaesrni",,.F_raxampis,yoii rnayra a:,t,e
URhad SLatas: prouida updatad trformator,if voL:a,,re a C corporait,;orL that sler-m-to be air,E
Int aura "sr acs ntt weaU.S.owarer.tr U.S.o*,narofthe cc,rpo,ratr-r orffy inr_d=rgearelair.exampt,.IT" &,' yo m}stfurniar,.ares
disrag.rd entry and ro,the_•'t?y; Form -9-if Its rams or71Nchar for thneaccounl,forsr.ymp�--•rih_grartor�
On,lbacaasoraara ,teorvasiwrt U.S._rant rorotharU U.S.-aem r gereralhy,,
IheU.S.gra.rtorri€_t her U.S,gwrarofthe gramort%�.ian rv.Ih_t€csi,ar7 Penalties
•Inttscase ofaU.E trust(other tFar=grarlorta:3•„•.,the U.S.trust(otharthac,a, Failuretofurnlsh7'IFI.Ifyou,failtofu"rrratry�our_orr :Tlhltoaraqasrar,you
grari,lor tr ust)andi nol1.k:-_beraaf :israa'of the 1rust. ares trbir--.tt,Lapanaftyof551)for eac„.aun..faiiureLrlas5yourfaiiUrar_„uato
Foreign person_Ify=rya a__f.ei-g:n,person orlheU.S.bra nch,=fa foreign bank raasonaablacause and nol,to w M12i rs-gratt.
Ihat haseiEoreot"c-Ietr_3i_tas.U.S.persor oo,mwL;aeFor mtta m Ina -t ise Civil.penaltyftrrfalseinfo rm,ationwith respect towithhcdding.ifyou makes
the ap,pop,'ialeFor mVv'-E orForm-52,33(a FLbk-asJor.5�'5,)ffitF,rolarr'ofTax faisastataman•i:w&,,norsa_ora=bi=-basisIhstrssLtsinnobr2-;pv+&,,n,aii1rg,
oriNorresi arlAliartsand ForaylnEMAia=}. you are sub tltia K-Oparafty.
Nonresiderrta,lienNwhc,be masaresidentalien. rarally=;c,rtlya• Crim,inail penalty for falsifyingirrfberraticn.WilffLItyfalsify kmgcerflrnats3..sor
r*or•r aidsr1,a:i;araearoAsa;lmayusathatermsofatba: ytored uzaor affirmatom[nayaLtieC1,youtoerimir,atpar<atiesincILA'in=gfines a,n =or
alimMals U.S.tax on cerrtaair,types of inzorim,However,most tsx arsatiss cilortair irrtprisonmerl.
aprrvssbr-kromFm s"E avirr,gctaw Exoepior -=pac if din 1:h saqir,-t:isLia, MisusaofTl IN s Ifthe,agua s t--rr3oizae-sorLass 71Nsar 6 iazo r,off-6eral
mayprrninta.rexarnpt¢orfromtsx^o cortrusfore_IainIypasofunr-smasysr,
all er.nepkyseta,a611'2rori_-ecnsm_aL1.E.raao-c_r„taienfor4:axp„rpo3as, tox,il .regLastarrnaVbesub l:Io 6viIarAd,-r�minailParatires.
ifvmL are 3i U.Sreadenta4arwnoisrel irg or,an.e pi or,corla,r sirtha
Specific Instructions
PfS
EErIngc1 aussofataxtfeatyioc;fasmar,axernp6orfTom U.S.t on,c_rreir„types
rfin-orn_,yoLmalaltar-hastaten1aMIz,Form%NLS;Ihalspes6as1hef.,lrbv+,fng Line I
five teems:
-i7
hE Ireatycourtry.Geniera%i,thr be 1h,s samcalrasty urdervuhicinyoL, Yo'urnu =_rla:rrr yflhata,4o rmaorah h e:donotlaavet.rraIireblarK. 11",a
€iaom_.axampvzr,from taxa_aronr__jertslan. r,ameae rrta, h.tha me an y, ,,taxrm-ur^
27lie trsal}v arlsr_Ea a, tea_ry:;ha ire ore. If sl-,is Fora"sit s rs fora pirt aocourt,rsifirst,ands er gsi?1ha rami ref Ine
Person or ert l€y w it'ass n,Lrm tar you antarso in Far'I of Fora'fir!-E
?T"rte arC�1�r�mtar[�r;�.a�t:arrr€r 1 h= asc.treat.v t foal_rss:tairrs,,,__ax�rrg!
ci„aLa_arrcrl.s x_s or_. IndiNidual.t r_reEtyartarlharsm__hfwmors„,oUTtaxr>=lurrr.IfYOUhZ,re
har' �
adyour st mwk
ar;mil informirgrte �
Ear fny�.virt�-lr n.
4.Thstype and sm-nL�r ofin2smethaSfrorz`::ax_ EEA3,oftrersrce_han-ge,_r.taryourf4rst,rame,thelastnamea=_sh,_;Avn on
5.Sff.c4r':faotstoyurfytt exam pvorfromtaxuraartheerms&itatrsatv. yoursxssysacurrtyoard,anoytiurnswisatrama.
artw"`ae. Note.ITINapplrr-arrk.Er2.arpourrrtr ,.alremaa=_ wta5_r.er_dor.yousForm
E?rate±'riale.Ar` $LZDofltraU.S.�tr oar>cometaastra alSoaws r, xamp rr V-''aPrr-ation,hn .Thi shro.,lda ob ahs m_astt rameyoLameraf'
front for rCofarshlpsrc�r ra.ervaoty�avrirase_t,,5antt?€rrporarr(yFFr-serf; rr,ti Formr `04 ,j 4 42EZlyu it �wrtlh_s�oura�pplra r.
irthe LIr.itad'Eetas.'UedsrU.S.taw.this srucs nt%ibecome araatd_rta':ar,for b.:So Ie proprietororsin gle,memberLLC.Erfieryour!..5ru,,iu lramaas
I ax p ur poia saiIflisorher 1,ay rrthaUrr�sSt siss sy.o s 5 ca:l--nda r y sa rE 5ro�eorrry o L r 43 340. ,24 EZo rLI _ ,.'y`ce,may artary0Urbr;sires 5,
Hoveave r,rarag,reph2,=ofIrefIrsIFrot ;toi,haU.S.ChinR,iFa='.yj(daledAp,<IYr, 1:raos,rooInq,a,2_anessas ILDEA):rarreorLar-=g
7,594)sticreialhcpov�seor ofAnk�1---.2201ocomJrLetoapp`yaven firths
Chine__sL
, •dar.tosorl__ar_ardertali=nofItsUrrCadSlaits..AMhirasaaru re -.Partnership,LLCthatisnota single-mem,berLLC,CCorporation,or5
Whog rfifieS for I hS-EXCNEW,tsr lu er pa- aph2of Ir f,rs,pro a and, Corporatio n.Fmarl ha ar-1,iy-.rams as showxr orIhsarrry a tax.se'lurr.on lea
rel ,ngorihs xcept:on tociatrn,ar_w:empoor,fr mtax or.rr'or t ra_toIa,ship ar=d'any busirass,tra-ala.orDSAnaim onkne2.
or fsrlow_hip:irnsomeWo_.ljsitach.tvForm W-3 a stalsmarl trial inch.,fss I hs a,Other entities.Erisrysvname asahr_awmon,raiirirauU.S.f-erallay,
rtosmat€ar.daacrrba=a'i xdatas€:pport.th sxsmpnon rocunr---r:sonIiner.This.rramesiaoL,fdurateh1isrsnto3 ywir.rtFa:ha,rtaror
I#y OL s 1 F a non r_.s o�,=.rt 3"14, or s foren:?r!t rtv t hr=r�-,2u,psfsr t Fa
V.tarpga.. or-L,mamc:rasting±tersrirty.`✓,ou may eelarany ba:striasa,trader,or
ap prsprats cullprst.ss Form VI R of porno,22,33. DEA.name or lira 2.
s.Disragardtdrntity.For U S,fedeFaAiw..pLrp^ ,ar,ar 4 1•ai a
BackuptIlhGlding cesr=g,aredaaar_rti,yaspa.aisfromits--yAma€isireaia:1 b�i-regarbad
What is,backu ithhofdin ?F'ara•onsmolds sefl¢ir a sntrty EssRagLlat6 s-aam&"a ' �” �.,c �n{€ern Erfi"-rthssvirar r @son
P g• - a F yt�e� -tcyoumLat
urdarCarIrain t nswvit@ luQirtpay lottsIRS 25% L l Payments.7 as r s �rarennsofli arlrysFtarsoorlrrat is_fou6:rsv rcaa 'isr�;'ardco
iso Nei "bar;lr ap w tt l rra Faym rt="t may to sub*,*,t fobaok,e p ariit,, Thi rsrneax err ' ou,d be lJ'E nalffla him non,tte ir��omEsx rat err or
�w rttoi�rnad.infl oa s t r.si,t x avremp srlera ,Mian ,brol akrc barter h ^9t e Lome lroukf:ba rapo c For ximp� rf afo ew,r LLC her ils 1ra'alan_
_xrra,.,g_tranaar,. ra„rams,foyah�ss,ronamplrryaepay,Pa;ymer ma._rr. asaa'i € ,a., ,e.,nyfor LtSf_dsrali.axpLxpr, r
_ashasasirglsmvsrttataa,
seft;amsFA.ofpayrilartcas andtlsir partyrtwaorktrar ns,artcer€,air U.S.person-tteUSaoNrar nanie is rs- rracto-beproxs --YorlinarriflKe
payments from fishiboaro ralors. are nod direclvemerof.iheanlilyrsaEaa3drsrEac,eirrtty ne€thal
,ts
roldiisr- ar1-adforfaderaitax a aa_.Enlsr raorfr alert€
Eaorcouyit%rt��rrg. g p - � s r-0€rkor
firs 2, L it as ranee„ —gar d,araiyra.ma Iftte c,��+r= °Mfrsdos€agate=:
eras.wiNlnolba 2b 1+shod p vrte�h isg=or�gn nt your _rveaiyo,,, a�try aforargrperson,li orurermu po appara;pGroprh,tsFc n's
tF,.ar gL-staryaL,00rra^tTlfJ utakethe prob rcersife^dt�r_„a..,drop rt at€your tFga` irstea ofaForm.�"1= TME is
tsxabiroaraatarddivo- rdscaryo nese rat€rr Teff.
Paymentsliou receivewillbesubjeettoba'okupwithholdingif:
I Ycudu rotfurrlspy L'•€Tlflfattar ^,uaalar,
2.Yo.,do rptcar€if ryou°rTlfl"wrhar r usts assn the Far IR iratr=x r:sor,
'Lag's.3 for?at sla 7,
1/6/2020 8:07 AM Page 132 of 9759
The School District of Palm Bid 20C-21T
Beach County
Form%,V (Rev, 412, Fags,
Line 2Ho sver,icafo° `ah;naFayman matiatoa. rportear€ar==lr�p ria.bi�€sn,F;r 7
If You l•;adae,bUeinasaramS,t€a r-ams,Ge2.Arama,o€crsr----,ia€ a'ar,,ti�; 6sE 51st ar_r� gmp9f��f;ta h p ! I�r,.m �a<ar,, ��a4�h=sare
pay m rte,allorneys f - €os p+ro..sa-ra
5- - cacti,�rr��+4F3f',an���m_rt.�f�,aaraapass�yaf-,;asaE�a--�9r::���rwy,
Line 3 Exemption frDm FATCAreporting fie. nsf i waing coca_,aant ft3 pAya+esth�
Che k theapproprsat box sr•lima S th=U.S feoeral tax d a f a an f iFa arsexa atppi from€sport€rr�zrfs€FATC'A T1tsaa s_a aFGas t pa¢ser utm tl r
psrsonnovhoae-rartasserieray-rarvlir,e, Cha
_mkcrty sr, ro,irtir=a1 thsform torao ourtsma€riatn_ .u,tarc_oftFsUnt bStats_byce®E, f• re gr
Limited Liability Company(LLGl.lfsh_ram an€`i Ear,LtCiraaE baja frac �krnsti fib rs.T araf =,,f`youareov4y=,brnnt,rg,ih formforara co rl
yo €cdintheUrr_7State youmayleavatht falIibfark cr u'ltwklh hS
pars r-h.pfo'rU Sfederaitaxpu.rpoea ,dl-,rE-rthe-Limited Liability O-Sm;:Sr,,y`'Im paraoreqt�s_frsgthisformifyouarsur arta°r�ithafwr�n i,rstuvjrr _up,n rt
and enter F•"it the -f
pr3vm .If 1h_LLC tea_ftp Form Ste,=or 2.55 t-o be to ftes regairamen s.A r utar mayrrrdtcata Thal a code is ot reauk :i by
i ,xe,aaacorpor ior,,ch�,k 117a�-Limilsd LarsnyCorn pa a om. n in lta spsios wii]Tn uwrhh3Form t :+aaeh''Nv.A lic blaforayy a imilarir5acalror
pr,., aaee arzar for v corp rai r o¢"E fu€ =rp�ra:sir.If i is a ir-q� -mamb-y wirmar orprtr -:fi
te r,v-' lin�efor a FAT.,AaxemW.'l n code.
LLC rnst s a r -gamliae erTMlwt,„a rai h Fth nr L spitlty C mpary`bws
ir.stethis: box., tar orsirgIerembrr A—AnorgarTatJor.exam pl.from tax um eo
ior5�fararyir'divival
1 retirermert pfarra_ceftnk in,sect r-En 7T.,01, Tt
Line 4,Exemptions S—Th-e UrrtsdSt•atas orary of As-gsrcesorir_trutmsraftias
v—h t ti-�0� trcfcfCoturilr�,a U.S.>ctimr�rwaaatth€,rp�s_�_rcrk,o€
Ify�ou _xempifrom K p•,ra&hods yarc rF, TuArepotirog,eraerr, �rr';�ftFesrpolitka€sLb,��r �r����srrunlentaf6e
1Faapp¢�priafa�pa =inhre4ary, at_;�6aatmayapplyloyoit
Exec pt pa moods. „A rp r rrthaalczk�fwaf hefe u�ajtyfr ef'n ore orrnwe
e_9a:b's,�FasseVrleS SA.Ets,a='-_crfEetknR. r-.ISe.iOnsae, r` 472-
-C-erarally-indvief:a93firrctudIngs_dapr_.pria^tars)as_^.ol,exemptfrom *tv kt't(i
bac-ke p a rhh w g. E- A o Tpo,at�or teat r a m e mo-arof t aamsex,pa,ndad afftrsil roLp
.Ex Ft s pr vac badi'ae, brick p as acc porwti"ar dascribed tr Rau afros secti?r a, 1472-r( )(1);,,
waitFhoongf,rcarainpsym_rs an�tu�r!ngsmere_tan5otva�ers.
--,�, .w Ier4rt5-sL�FNfr2= ^��tt1m+_a3•E �r .arPNa,'!�?f4�,3 eta{Yn��P1,m-t�.'�
u €para9 r<.=_ara rataxsrnprfrombaca pwktiFoL�irg:ft=payrrrert:a €sr-lwidir.,a,not ior--alpnn,-pelcomra ts.f3iu,svs,foreAardE,andopivrrss,lfalis
nieceir=etl"emert;:fpagntenl.o.sr3,�rthrr3=Far°yret^a rkira as ors. regia tis red aa s uch,L�r,,_¢tF,y ?at B oftheUr*. E.a tsanys t=
-Corpora?ra
Eris are rol axmptfrcam ba r p ttr!r rs.g, t res ttoaltzom ' G ,A real e_etate rnvss mantIru -
f sorgross,prcrasdE prrvioemadr-alor
health cars sarxa as erar� t_xen, to s i,r pays r9=r nab .n,Form —A r u�at rraastmanf_tempary daft-ed, r t€�r�5 �€ar�rlaly
,1 ¢ ,rsfe€_ atalitrm uurdnathalax rur�e€ttelrvess„tti=sa..y,Ao
1-1819-1,611 SC. ;'40 A,
Tnefolloviir-gdo.,saoartffypayees Itarareexampifromiosc:P.upwithho-oir-J.
ErterlheaippraprisfaccIc_inIhas-pa__inIins4. I—Acommortrustfurfascefms a,iraaI-rior;
`—Ar.,owgarr.nation,eye pi from tax ur.3ar sed for K,I( l,ary IRA,or a c La—ial 5Z4(a .1—A bar k ass def'Erz-f dr sec,snr,55”
acc, ntvrrder5act l€rr;4t_,b,s')tEiheaCc.rrsnt_atef-eIh r 4LiTS.ar-2of_=�ior,
40-�lf ;,2s K—Abror,er
2. na farlas States or any of rs ac nr,--s or ms'rumera.lnrs L—A t:_f Sxemptf€Cm 13- ,rrderse=tor•,W4ordes.rFteS Ir s air
454'7 ('t 61—A tax exam F.'truafurd_ra:=� r,CD2 bs•p4ar:oraecton
3--.*s_tate,tfFL9� trw��# alumb+e J.E. �mm�nwre Nh€rpe-�ss�n,�a •
aryofIhSirpoitkadsUbIlivs&r=orin_ia.rmen smeS 457(g)polar
4�f�re r error-nr�raryr of its poirloalsubd',wis rfs Note.You,rs7.ayvi,_=iatocnr rh, .Itthe frsnnali shut--nreqzues5ngthssform
agsarcies,orrna,rum-m.alieas tc ;stsrmirewha&*-rthsFAT •A co: ar orsramptFay_asc".,ss-houl,:be
5—Acyrporatim comps tad,
&-,A,,eaierirsec.;ritiiasorcomrmorz6as r&quired l.c.-r--zialer it,the U niled Lines
States.theDer6orfvolumbia.o:raU.S. Entergoour&cidrsseisuro€:s.,street
;a>nx:apa.tmert-yrs C n. inter}.9rrs€s
7—Afutures cornmi5sor,rtea•fart.r_,E»rc th.tihe4cm a•ivFu €es +h�retErsr�puestercft fsFzrmll-Ewxi4€ma,iE°l• urirfcrma€ n, tu`:an
Tracarsg vomrrts =_tar Line 6
&---A real as+at_€r sstment taus
Ertery��rc�ty,s a,e ar��I�o =,.
E--An rtitr4reg�tsra3 l'fpm=_n,��nng,the taxyear!r,o,�ett�a
I ;veatment C ornparyA 4g Part 1.Taxpayer Identification Num r(TIN)
iE—AccmmoTI,truss tfun rp=r leo byaberk urroars�-'laarf Enter yourTIN inthe appropriate ibex.. If yam are s ras, ni of a.r�:yeL o
MAa}17—A fsrzarcialsrsIrt.t iDr, ry Ksvs arra:are rrct.=_ingots 1c,si an SSN. your TIN e your IRS iro`ruucua'I
f2� mwccamank;roe,•n,rntheirwastmenlc mmurEyassro .eeor tae;,pays€nor,if cat F,rtu,mEar€ITINJ Enter+f rIh•aaoalaa �r,5jr-,, barb :.lf
vusIS- lams 13—,Atnr st:sxamptfrom tans urn_,antaara654orda-s:;rbas¢r,: von•�-D no have ar,lT1N, see Hove�to ter a Tpht r.-o-xa.
= ir4S47 If youar aa4 proprietor r-t;,uhave nEIN y amayam.e,rsh`hsr;yoiurS ,!
r EIN.Hc„s_v_r,the IRS prefers 1ha,y€u u_a-you r SSf!.
The toiijwir7 nay s roiei_t.ypas of pay r,-w_rt=th=at may to axampi from
bsc-kupa;ih•h, t.r, Tts.iar€arppfr _i tFaare¢rpipay sl.as TF I-V-2, Ify reagin rn mberLLuth•at{ rt-rspa ,eda arisrtrtiyaap�ra framtt,
pstr L,,p vJt vo.I�er seeumrf�urabpa.wComp arYvILLIS)orstF par a.,amarti�.sr,w ar'=.SSf�
(or E.IN1ftris rwnsrhas or Dofvam.art her d isr_gardedart 1,aEIN IfiheLL'
IFthe payrnentisfbr... TF1ENthe payment I s.exemptfcr... r=cEas f�.asaorporat:srnorpa,rnz-¢5 r€pem e r3 hee-rliify_EINl
Note.Sae t h__hari o page 4 for f urri her,tar dic al k...of na ma.ar moi.T1 N
Imares r.,r,:,yr enc fr9n'enss AstexemFi ayama
ceplfor Howto,getaTIN.If youdo not taveaTINJ,app6yfororeimmeSe ely.Toapply.
for ar SSN, gat From SE-5,A.pplysa:tior for a-5oi:4'Secur,y Card,frorn your
Broker trarsai-- is _ laza ISSAoff ice crge,this i r aRhnaat a•,eveve s.sag�oer.`rrr,m.sv at5ogel this
Ex mp yaw t th oua h r,5
1hsc h and ShC corpr a€airs.S farm by Ism
corporstor m sir,i- Caranexampi "-5=r2- 22f'-t.UseFormtha-7,AppIrrrr_atorforlR5€rdiv lTaxpayar
Payeecru ^ausst* yare_xsmpt IcarttficatiorNuf rnber,toappfgforarITINarFDrmSS-4r,AppftatssrforEmpo�--
oni fr aias Idenrifsu lort dumbFrloappdyfo ar,EIN (0Vo-SnappfyfoarEIN rirnaby
y �f n ncov_Rase-rrtt s a cessrrg ttia IRS rrebsllaat twr'a fm-gjowous#a-ssesar I�Viar ,sr,E„aiployar
acguir�prk,rto201,2 i u c a a r,a °-
l��n�if�a�t�nN�:rab_.r;E1NJ, rsr,Xariang Esu_tnss.'�`�i�o�n��:Fo.ra_�x7ar
w _ �' Ex,?mpt payed_t thrcruyg1r4 SS-4fmm the IR.Sb-y`visitarg IRS,gov or byoaHirp 1-KK!-TAX-F^rRM".-�K,�;5fE-
Ea,rt. r�char,,g=trarsa=itcr•san,� -
petror.aEa3sov eros 3 7 l
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1/6/2020 8:07 AM Page 133 of 97.9
The School District of Palm Bid 20C-21T
Beach County
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1/6/2020 8:07 AM Page 134 of r-7n
,pr.,57
The School District of Palm Bid 20C-21T
Beach County
1/6/2020 8:07 AM Page 135 of 97,1
The School District of Palm Bid 20C-21T
Beach County
The School District of Palm Beach County
SMALL BUSINESS ENTERPRISE (SBE)
CERTIFICATION INFORMATION
Certification applications are available through the Office of Diversity in Business Practices:
http:��wwwopalmbeachsehoolsoor /diversityinbusiness
Office of Diversity in Business Practices
School District of Palm Beach County
3300 Summit Boulevard
West Palm Beach, FL 33406
Phone: (561) 681-2403
Are you an SBE vendor certified by the School District of Palm Beach County?
YES* ❑ NO ❑
* If yes, please provide your certification information below and attach a copy of your
certification:
Certification Expiration Date:
Ethnicity Classification:
If you are not a certified SBE vendor and intend to sub-contract with a certified SBE firm(s),
please list the vendors and the estimated dollar value below:
Vendor Estimated Dollar Value
$
1/6/2020 8:07 AM Page 136 of 975Q
ri,c$ I Bid 20C-21 T
�CHOOLD/ THE SCHOOL D ac our EACH COUNTY
s� OFFICE OF DIVERSITY IN BU INESS PRACTICES
Participation Letter of Intent
N,BEACH COU,
O Minority/Women Business Enterprise (M/WBE) O Small Business Enterprise (SBE)
Submit completed form to the Senior Project Administrator(SPA). Direct all questions to(561)681-2403.
Form must be submitted to Bidsync.com
BID/RFP or Project Name
Name of Bidder/Construction Manager
The undersigned intends to perform work with the above project as(check one):
❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture*if a joint venture,attach letterhead or other documentation proving relationship.
The undersigned intends to perform work with the above project as(check one):
❑ Subcontractor ❑ Subconsultant ❑ Manufacturer Supplier
The undersigned is: ❑ Certified with the School District of Palm Beach County as a M/WBE Vendor.
Certified with the School District of Palm Beach County as a SBE Vendor.
❑ Certified with the State of Florida, Department of General Services(Provisional).
The undersigned is: (MWBE or SBE must check one in Column 1 and Column 2; Column 3, if applicable)
Column 1 Column 2 Column 3
❑ African American ❑ Native American Female ❑ Male Physically Impaired
❑ Asian American ❑ American
❑ Hispanic American
PARTICIPATION The undersigned intends to perform the following work in connection with the above project:
Item No. Division No. Contract(Trade) Items(Description/Division) Amount
If the undersigned intends to sub-contract any portion of this subcontract to a non-certified
M/WBE or SBE subcontractor, the amount of any such subcontract must be stated: $
Name of M/WBE or SBE Subcontracting Firm
Name and Position (type or print)
INTERNAL USE ONLY-ROUTING DISPOSITION
All executed originals of the form must be submitted to the
Office of Diversity in Business Practices
3300 Summit Blvd.,West Palm Beach,FL 33406-5813 Signature Date
The Prime vendor understands and agrees to inform the Office of Diversity in Business Practices(ODBP)of any changes to the information contained in this form within five(5)business days.
STATE OF FLORIDA )
)SS
COUNTY OF )
BEFORE ME,the undersigned authority,personally appeared who,being first duly sworn,on oath deposes and says that the information
provided on PBSD 1525 Participation Letter of Intent is true and correct and that he or she has read the information provided on PBSD 1525 Participation Letter of Intent and knows the contents thereof.
AFFIANT
The foregoing instrument was acknowledged before me this day of 20 ,by
who is personally known to me or who has produced as identification and who did(did not)take an oath.
NOTARY PUBLIC: Signature: Print Name:
State of Florida at Large(Seal)
My commission expires:
P H50aA 4/3/2018) ORIGINAL-Office of Diversity in Business Practices Page 137 of 9769
The School District of Palm Bid 20C-21T
Beach County
j €f}t 4b
.;.,..MY._.el..ax�q;
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Subconsultant, Subcontractor & Vendor Participation Services
1. PROJECT NAME 2. PROJECT NUMBER 3. PHASE(Precon, 4.TOTAL BID OR CM SERVICES*
Demo,Const) AMT.(Required)
GMP
SUMMARY
AMOUNTS
(Pre
construction
phase
fee
Construction
phase
fee
CM
Fee
only)
Subject
to
Agreement
with
the
Construction
Manager,
the
Subcontractor
firms
(minority
non
minority)
listed
below
will
participate
in
this
project
for
the
Contract
(Trade)
�m
1/6/2020 8:07 AM Page 138 of 97R
The School District of Palm Bid 20C-21T
Beach County
WCHOOL D/�,� THE SCHOOL DISTRICT OF PALM BEACH COUNTY
Beneficial Interest and Disclosure of Ownership Affidavit
Bid No. Project No./Title
Corporate Name
Tax FEIN No.
Before me, the undersigned authority, personally appeared, ("Corporate
Representative")this day of 120 _ , who, first being duly sworn, as required by law,
subject to the penalties prescribed for perjury, deposes and says:
1) Corporate Representative has read the contents of this Affidavit, has actual knowledge of the facts contained
herein, and states that the facts contained herein are true, correct, and complete.
2) The following is a list of every"person" (as defined in Section 1.01(3), Florida Statues to include individuals,
children firms, associates,joint adventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations and all other groups and combinations) holding 5% or more of the beneficial interest
in the disclosing entity: (If more space is needed, attach separate sheet)
A. Persons or corporate entities owning 5% or more:
Name Address Percentage
B. Persons or corporate entities who hold by proxy the voting power of 5% or more:
Name Address Percentage
C. Stock held for others and for whom held:
1.Name/2.From Whom Held Address Percentage
1.
2.
1.
2.
1.
2.
CORPORATE REPRESENTATIVE
By:
SWORN TO and subscribed before me this day of , 20 _ , by
Such person(s) (Notary Public must check applicable box).
❑ is/are personally known to me. ❑produced a current driver license(s). ❑ produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
PBSD 1997(Rev.02/22/2011) (Print,Type or Stamp Name of Notary Public)
1/6/2020 8:07 AM Page 139 of 9769
The School District of Palm Bid 20C-21T
THE SCHOOL DISTRA& QarRALM BEACH COUNTY
PURCHASING DEPARTMENT
Supplier Information
Solicitation
This form must be filled out along with the W9 Form. (Note: It is your responsibility to contact our office if any of
this information should change. Any acquisition or changes in ownership are required on letterhead and a new
W9 must be obtained). Purchase orders are required for all purchases. No school district employee is authorized
to place an order for merchandise or services without a purchase order.
For questions on this form, please contact Dennis Messerli at
Phone: 561.434.8507 (Email): dennis.messerli(i4yalmbeaehsehools.org or Fax: 561.963.3823
PLEASE NO I'E„ The School District of Palm Beach County DOES NOT make changes with BidSync (our bidding
provider), you must contact BidSync @ 1-800-990-9339 to ensure your contact information is correct in order to
receive any future notifications regarding advertised solicitation.
ORDER TO:
Business Name
Business Name, if different than above
Street Address
City State Zip Code
Company Email Address for Electronic Purchase Orders
Fax Number Taxpayer ID Number
Contact Name
Phone Ext.
REMIT PAYMENT TO:
Business Name
Street Address
City State Zip Code
COMPLETED BY
Title
Date
Use the attached form"Divisions or Subsidiary Companies" that fall under the parent company and use the
same tax ID number (TIN) but they have different order to and remit to locations.
Rev. 8/20/2019 1 of 2
1/6/2020 8:07 AM Page 140 of 9769
The School District of Palm Bid 20C-21T
Beach County
Supplier Information for Divisions or Subsidiary Companies
Indicate N/A here if not applicable
This part of the form is used for Divisions or Subsidiary companies that fall under the parent company
and use the same tax ID number (TIN) but have different order to and remit to locations, including fax
numbers and email addresses for Purchase Orders, please complete the following:
Parent Company Name
ORDER TO: Taxpayer ID Number
Division/Subsidiary Name
Street Address
City State Zip Code
Company Email Address for Electronic Purchase Orders
Fax Number
Contact Name
Phone Ext.
REMIT PAYMENT TO: I_ Same as above
Division/Subsidiary Name
Street Address
City State Zip Code
COMPLETED BY
Title
Date
Rev. 8/20/2019 2 of 2
1/6/2020 8:07 AM Page 141 of 976Q
The School District of Palm Bid 20C-21 T
Beach County
SCHOOL DISTRICT OF PALM BEACH COUNTY
PURCHASING DEPARTMENT
Date: October 4, 2019
ADDENDUM NO.: 1
INVITATION TO BID NO,: 20C-21T
TITLE: TERM CONTRACT FOR HVAC LIGHT COMMERCIAL SERVICES (50-TONS AND UNDER)
RETURN DATE: October 14, 2019, 2:00 P.M. EST
i
This addendum modifies the above listed Invitation to Bid as follows:
Special Condition GG Definitions, paragraph 5
Now Reads:
Work Day:
Regular Time: Monday through Friday, 7am to Spm
Overtime: Monday through Friday, after Spm
Premium: Sundays and Holidays
Change to Read:
Work Day:
Regular Time: Monday through Friday, 7am to Spm
Alternate Times: Monday through Friday after 5pm, Weekends, Holidays
• This is to cover the times other than regular time when classes are in session
The BidSync fields will be updated to correspond with this addendum. 1
Questions and Answers:
Q1: Is there an expected annual budget?
Al: Please see Special Condition II
Q2: Is the previous award size (previous years) and awardee name confidential?
A2: No. Previous annual contract amount was $1,750,000. The bid was awarded to all qualified vendors
creating a pool of contractors as is this bid.
Q3: Could you please provide instructions on how to fill out the 20C-21T Quote-Estimate Sheet? We are not
sure how to fill out the Materials Equipment sections as it asks for a contractor price, but we don't know what
materials and equipment we may need. Should we provide contractor price example of$100 as stated in the
example?
A3: This document is for reference only at this point and not required to be filled out or submitted with
response. It will be used on projects/services by the awarded contractor(s) when responding to the various
requests for quotes. If you have questions on filling it out at that time,we can provide guidance and/or sample.
Revised 7/26/1B -
1/6/2020 8:07 Ann Page 142 of�7�
The School District mPalm Bid o0C-21T
Beach County
INVITATION TO BID NO. 20C-21T ADDENDUM #1
Page
Q4: Regarding the 2OC-21TQuote Estimate Sheet vvedohave 8question 00the following sections:
In the section "Misc. consumable mBt8ha|G° do you want Us to provide G flat fee for a standard maintenance
job? VVeare not 100% clear oOwhat kJadd inthe section "Freigh1" since xve are delivering a service and Oo �
product? |
�
A4: Please see response A3 above. �
This addendum is for information only and need not be returned with your Bid.
-7De-h—nis Messer'li, Purchasing Agent
M-Mann, General Ma�a`ger of Purchasing
Posting ofConditions/Specifications
This Addendum will be posted for review by interested parties, at BidSymc.com on the dote of the Addendum electronic
mailing and will remain posted for aperiod of72hours. Failure tofile mprotest onany changes 10the specifications contained
in the Addendum within the time prescribed in section 120.37 (3) Florida Sto1u1eo, will constitute a waiver of proceedings
under Chapter 120 Florida Statutes, and applicable School Board rules, regulations and policies.
Any person who files an action protesting the specifications contained in this Addendum, pursuant to Section 120.57(3)(b),
Florida Statutes shall post with the Purchasing Department, at the time of filing the formal written protest, a bond secured
by an acceptable surety company in Florida payable to the Sohmu| Board of Palm Beach County in an amount equal to 1
percent(1%)of the total estimated contract value, but not less than $500 nor more than $5,000. Bond shall beconditioned
upon the payment of all costs that may be adjudged against the protester in the administrative hearing in which the action is
brought and in any subsequent appellate court proceeding. In lieu of bond, a cashier's check, certified bank uheuk, bank
certified company check ormoney order will beacceptable form ofsecurity, If, after completion ofthe administrative hearing
process and any appellate court proceedings, the Board prevai|s, it shall recover all costs and charges included in the final
order of judgment, including charges by the Division of Administrative Hearings. Upon payment ofsuch costs and charges
bythe protester, the protest security shall boreturned.
�
1/6/2020 8:07 AM Page 143 of 9769
The School District of Palm Bid 20C-21T
Beach County
Question and Answers for Bid #20C-21T - HVAC Light Commercial Services (50-tons
and under)
Question 1
Is there an expected annual budget?Thank you (Submitted: Oct 3, 2019 8:17:13 PM EDT)
Question 2
Is the previous award size(previous years)and awardee name confidential? (Submitted: Oct 3, 2019
8:18:32 PM EDT)
Question 3
Could you please provide instructions on how to fill out the 20C-21T Quote Estimate Sheet?We are not sure
how to fill out the Materials Equipment sections as it asks for a contractor price, but we dont know what
materials and equipment we may need.Should we provide contractor price example of$100 as stated in the
example? (Submitted: Oct 3, 2019 8:34:08 PM EDT)
Question 4
Regarding the 20C-21T Quote Estimate Sheetwe do have a question on the following sections:
In the section"Misc.consumable materials"do you want us to provide a flat fee for a standard maintenance
job?
We are not 100%clear on what to add in the section"Freight"since we are delivering a service and no product?
(Submitted: Oct 3, 2019 8:38:44 PM EDT)
1/6/2020 8:07 AM Page 144 of 9769
BOARD APPROVED
FMPO2 12/11/19
AGENDA ITEM
INVITATION TO BID NO.: 20C-21T—TERM CONTRACT FOR HVAC LIGHT COMMERCIAL
SERVICES (50-TONS AND UNDER)
DATE: October 28, 2019 DATE OPENED: October 14, 2019
DATE SOLICITED: September 24, 2019 DATE POSTED: October 28, 2019
PRESENTED TO BOARD: December 11, 2019
CONTRACT PERIOD: January 1, 2020 through December 31, 2024
DEPARTMENT: Various FUND: Various FUNCTION: Various ACCOUNT: Various
FUNDING SOURCE: Capital Maintenance Transfer and Capital Projects which include Sales Tax
Referendum proceeds
REQUESTING DEPARTMENT: Maintenance and Plant Operations
FINANCIAL IMPACT
The annual financial impact to the District budget is not to exceed $1,250,000. The source of funds is
the Capital Maintenance Transfer and Capital Projects which include Sales Tax Referendum
proceeds.
Items to be purchased include HVAC Services.
AWARD RECOMMENDATION / TABULATION
(see attached bid summary)
Vendor SBE Certified
AC Power& Comfort, Inc. 1
Advance Case Parts Refrigeration, LLC 2
Air Contract& Refrigeration, Inc. 2
Blizzard Air Conditioning, LLC 2
Climax Mechanical Corp., Inc. 1
E.C. Stokes Mechanical Contractor, Inc. dba Stokes Mechanical Contractor, Inc. 2
INTEG Miami LLC * 1
Precision Air Systems, Inc. * 1
Premier Air Conditioning and Refrigeration 2
Quantum Mechanical, LLC * 1
RGEN Enterprises LLC dba Cool Water Air Conditioning ** 2
The Plumbing Professionals LLC dba Erica's Plumbing & Restoration 2
Thermo Air Inc. ** 2
LEGEND:
= Award
SBE CERTIFIED- (1-Vendor SBE Certified, 2-Vendor Not SBE Certified,
3-Awarded Vendor Using SBE Subcontractor)
Revised 8/12/2019
Page 145 of 670
= 5% preference will be applied to responses from quotes generated from this bid.
** = These SBE certified vendors responded to the bid and are certified with Broward County Schools and Miami-
Dade County Public Schools and not with the School District of Palm Beach County.
RECOMMENDATION. It is recommended that the award be made to all responsive and
responsible bidders who responded to the bid, as indicated above.
Note: Original Bid document is available upon request.
BID PROTEST
Failure to file a protest within the time prescribed in §120.57(3), Florida Statutes, shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes and applicable Board rules, regulations and policies. Offers from the vendors listed herein are the
only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if
any, are hereby rejected as late.
i
If a bidder wishes to protest a bid,they must do so in strict accordance with the procedures outlined in FS 120.57(3).Any person
who files an action protesting a decision or intended decision pertaining to this bid pursuant to F'S 120.57(3)(b), shall post with
the Purchasing Department, at the time of filing the formal written protest, a bond secured by an acceptable surety company in I
Florida payable to the School District of Palm Beach County in an amount equal to 1 percent(1%)of the total estimated contract
value, but not less than $500 nor more than $5,000. Bond shall be conditioned upon the payment of all costs that may be
adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court
proceeding. In lieu of a bond, a cashier's check, certified bank check, bank certified company check or money order will be
acceptable form of security. If, after completion of the administrative hearing process and any appellate court proceedings, the
District prevails, it shall recover all costs and charges included in the final order of judgment, including charges by the Division of
Administrative Hearings. Upon payment of such costs and charges by the protester, the protest security shall be returned. If the
protest prevails, he or she shall recover from the District all costs and charges, which shall be included in the final order of
judgment.
DISQUALIFYING CRIMES
J
The bidder certifies by submission of this bid, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from participation in this transaction by the State of Florida or Federal
Government. Further, bidder certifies that it has divulged, in its bid response, information regarding any of these actions or
proposed actions with other governmental agencies.
A:DM
Revised 8/12/2019
Page 146 of 670
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GHOOLDjS THE SCHOOL DISTRICT DARCI GARBACZ MICHAEL J.BURKE
OF PALM BEACH COUNTY,FLORIDA DIRECTOR CHIEF FINANCIAL OFFICER
k Purchasing Department
3300 Forest Hill Boulevard,Suite A-323
West Palm Beach,FL 33406-5813
�1BEACH L Phone;(561)434-8214 Fax; (561)963-3823
www.palmboachschools.orgiou rchasing
December 12,2019
Precision Air System,Inc.
Mr.Rocco Paciello
11101 South Crown Way,#12
Wellington,FL 33414
rocco recisionairs stemsin .com
Subject: Letter of Agreement
Bid Number: 20C-21T
Title: HVAC Light Commercial Services(50 ton&under)
Contract Term: January 1, 2020 Through December 31,2024
Dear Mr.Paciello:
This is to advise you that the School District of Palm Beach County,Florida,has accepted your offer to furnish services. '
This acceptance is subject to compliance with bid specifications,terms and conditions, all pertinent laws of the State
of Florida and instructions as determined by the General Counsel for the School District.
A Certificate of Insurance as per special condition "R", "Insurance Requirements" must be emailed
to insurancecertificategpalmbeachschools.org, or faxed to 561-963-3823 within seven (7) days of this notification.
Your insurance company is required to have the School Board of Palm Beach County, Florida, NAMED AS AN
ADDITIONAL INSURED. No work shall commence until we receive the Certificate of Insurance and it must
reference the above Bid Number. Please be sure to advise your insurance carrier.
Purchase orders may be issued to cover services as the need arises and will be your notification to proceed with
fulfilling the School Districts request. Shipment without proper authorization may result in nonpayment. If you have
not previously completed Vendor Record&W9 forms please do so and return along with your Certificate of Insurance. E
If you have any questions,please do not hesitate to call my office at 561-434-8507. Thank you for your bid and we
are looping forward to doing business withYand and our company.
.
y
Sincerely,
I
Darci Garbaez,C.P.M.,Director
Purchasing Department
CC: bid file vl
Dennis Messerli,Purchasing Agent`
The School District of Palm Beach Comity,Florida
A Top-Rated District by the Florida Department of Education Since 2005
An Equal Education Opportunity Provider and Employer
Revised 4114116
Page 148 of 670
6.F.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-034-Authorize Mayor to sign a grant
participation and reimbursement agreement between Virgin Trains USA Florida LLC and the City of Boynton
Beach for the construction of supplemental safety improvements at two (2) railroad crossings and contribute
$27,131.93 (20% local match) to partially fund these improvements.
Explanation of Request:
The Federal Railroad Administration (FRA) funded a Consolidated Rail Infrastructure and Safety
Improvements (CRISI) Grant. The CRISI grant was awarded to Virgin Trains (f.k.a. Brightline). The Virgin
Trains application was to partially fund forty-eight(48) supplemental safety improvements intended/designed to
keep cars from accidentally turning to drive down the tracks, such as (see attachment for examples of each):
• Flexible edge-of-road delineators and striping and
• Active signs.
Virgin Trains will complete the installations in 6-8 months once the grant is executed with the FRA.
Two (2) of the 48 locations are located in Boynton Beach and the improvements are valued at
$135,659.66. The City's contribution is $27,131.93 (Required 20% local match). See Attachment -
map of locations:
• Gateway Boulevard (NE 22nd Avenue)
• SE 23rd Avenue
How will this affect city programs or services?
This will add another safety element to the above referenced rail crossings.
Fiscal Impact: Non-budgeted This work will be funded from account#001-1211-512.49-17 for the 20%
match.
Alternatives:
Do not approve the agreement and forgo the proposed improvements.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Page 149 of 670
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Resolution Resolution approving CRISI Grant Participation
and Reimbursement Agreement
D Agreement Agreement
D Attachment Safety Improvement Devices
D Attachment I\Aap of Locations
Page 150 of 670
1 RESOLUTION NO. R20-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AUTHORIZING THE MAYOR TO SIGN A GRANT
5 PARTICIPATION AND REIMBURSEMENT AGREEMENT
6 BETWEEN VIRGIN TRAINS USA FLORIDA LLC AND THE CITY
7 OF BOYNTON BEACH FOR THE CONSTRUCTION OF
8 SUPPLEMENTAL SAFETY IMPROVEMENTS AT TWO (2)
9 RAILROAD CROSSINGS AND CONTRIBUTE $27,131.93 (20%
10 LOCAL MATCH) TO PARTIALLY FUND THESE
11 IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the Federal Railroad Administration (FRA) funded a Consolidated Rail
15 Infrastructure and Safety Improvements (CRISI) Grant which grant was awarded to Virgin
16 Trains (f.k.a. Brightline); and
17 WHEREAS, the Virgin Trains application was to partially fund forty-eight (48)
18 supplemental safety improvements intended/designed to keep cars from accidentally turning
19 to drive down the tracks, such as flexible edge-of-road delineators and striping; and active
20 signs which will add another safety element to the above referenced rail crossings; and
21 WHEREAS,Virgin Trains will complete the installations in 6-8 months once the grant
22 is executed with the FRA; and
23 WHEREAS, two (2) of the 48 locations are located in Boynton Beach and the
24 improvements are valued at$135,659.66 with the City's contribution at$27,131.93 (Required
25 20% local match).
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
S:\CA\RESO\Agreements\Grants\Approve CRISI Grant Agreement- Reso.Docx
Page 151 of 670
31 Section 2. The City Commission approves and authorizes the Mayor to sign a
32 Grant Participation and Reimbursement Agreement between Virgin Trains USA Florida LLC
33 and the City of Boynton Beach for the construction of supplemental safety improvements at
34 two (2)railroad crossings and contribute $27,131.93 (20% local match)to partially fund these
35 improvements. A copy of the Grant Agreement is attached hereto as Exhibit"A".
36 Section 3. This Resolution shall become effective immediately upon passage.
37 PASSED AND ADOPTED this day of May, 2020.
38
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor— Steven B. Grant
44
45 Vice Mayor—Ty Penserga
46
47 Commissioner—Justin Katz
48
49 Commissioner—Woodrow L. Hay
50
51 Commissioner— Christina L. Romelus
52
53
54 VOTE
55
56 ATTEST:
57
58
59
60 Crystal Gibson, MMC
61 City Clerk
62
63
64
65 (Corporate Seal)
66
67
S:\CA\RESO\Agreements\Grants\Approve CRISI Grant Agreement- Reso.Docx
Page 152 of 670
GRANT PARTICIPATION AND
REIMBURSEMENT AGREEMENT
FOR
CONSTRUCTION OF SUPPLEMENTAL SAFETY IMPROVEMENTS
AT SELECTED RAILROAD CROSSINGS IN THE CITY OF
BOYNTON BEACH, FLORIDA
THIS AGREEMENT is made as of ,2020,by and between Virgin Trains
USA Florida LLC, a Delaware limited liability company, an address of which is 161 NW 6th Street,
Suite 900, Miami, Florida 33136 ("VTUSAF"), and the City of Boynton Beach, a municipal
corporation and political subdivision of the State of Florida, existing under the laws of the State of
Florida, an address of which is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425-
0310 ("CITY").
WHEREAS, VTUSAF has been awarded with a grant under the Federal Railroad
Administration's("FRA")Consolidated Rail Infrastructure and Safety Improvements Program(the
"CRISI Grant") which will provide funding for supplemental safety improvements at certain
strategically identified crossings along VTUSAF's rail corridor, all as more particularly specified in
an agreement between FRA and VTUSAF (the"Grant Agreement").
WHEREAS, CITY desires to provide funding as a local match for the CRISI Grant to
improve railroad safety through such supplemental safety improvements along VTUSAF's rail
corridor within the City of Boynton Beach, which use of funds will serve a legitimate public and
municipal purpose.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, VTUSAF and CITY hereby agree as follows:
1. VTUSAF shall use the funds provided by CITY pursuant to this Agreement solely as
a local match in VTUSAF's program to improve railroad safety through supplemental safety
improvements(the"Improvements")at railroad crossings along VTUSAF's rail corridor within the
boundaries of CITY pursuant to the CRISI Grant, as set forth in attached Exhibit A.
2. Within ninety (90) days after the completion of Improvements at a railroad crossing
within the boundaries of CITY, VTUSAF will provide CITY with an invoice detailing the
Improvements at such crossing,and CITY agrees to reimburse VTUSAF twenty percent(20%)of the
cost incurred in connection with the design and construction of such Improvements within thirty (30)
days following CITY's receipt of such invoice; provided,however,that the total amount that CITY
will pay VTUSAF pursuant to this Agreement shall not exceed the total aggregate sum of
$27,131.93 ("Maximum City Participation").
3. CITY may audit the books,records, and accounts of VTUSAF that are related to this
Agreement. VTUSAF shall keep such books, records, and accounts as may be necessary in order to
record complete and correct entries related to this Agreement. VTUSAF shall preserve and make
1
Page 153 of 670
available, at reasonable times for examination and audit by CITY all financial records, supporting
documents, statistical records, and any other documents pertinent to this Agreement for the required
retention period of the Florida public records law(Chapter 119,Florida Statutes)and corresponding
retention schedules, or for a minimum of three (3) years after expiration or termination of this
Agreement, whichever is longer. If any audit has been initiated and audit findings have not been
resolved at the end of the retention period or three (3) years, whichever is longer, the books,
records, and accounts shall be retained until resolution of the audit findings. If the Florida public
records law is determined by CITY to be applicable to VTUSAF records, VTUSAF shall
comply with all requirements thereof.
4. This Agreement shall constitute the entire agreement between CITY and VTUSAF
for the use of funds received pursuant to this Agreement, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between the
CITY and VTUSAF with respect to this Agreement. No prior written or contemporaneous oral
promises or representations shall be binding. This Agreement shall not be amended except by
written instrument signed by both parties.
IN WITNESS WHEREOF, CITY and VTUSAF execute this Agreement as follows:
ATTEST: City of Boynton Beach
By:
Crystal Gibson, City Clerk Steven B. Grant, Mayor
By:
Lori LaVerriere, City Manager
WITNESSES: Virgin Trains USA Florida LLC
By:
Print Name: Patrick Goddard, President
Print Name:
2
Page 154 of 670
EXHIBIT A
I. PROJECT:
Type of Crossing Improvement:
0 2 delineators & striping
0 1 active sign
11. BREAKDOWN BY CROSSING:
C�#
Oras .ink Edge Centerline IW Raised Exit Gates Exit Gates Exit Gates Active SigrLs Blended Total,
Markings MI'imators Miedian West (Both Sides (5D (NIfl Unet.PM,P
mdStriping 'Side,
[K-)Y N-TON 1=4:iM�, x
BEACH kfpma-"S�:
NE 222nd
A w
y jum
BeadI 1-9,54S.219
M)Y N MN 127-2495X X x
BEACH MP 313.67,�
SE 13rd
lk-(Yntan
............................................................... ............................................................... ............................................................... ............................................................... ...............................
111. TOTAL PROJECT COST: $135,659.66
3
Page 155 of 670
Photo I- Photograph of an example of the Flexible edge-of-road delineators and striping proposed in
Boynton
Detail 1' Depiction nfActive Signs
TRAIN WARNINC ',ICN
EXAMPLES U
TRAIN DO NOT
CO 1MV I I IN G, CROSS
LED PROGRAMMABLE----'
DYNAMIC BLANK r)u7 SIGN
GALVAN17ED POLE ASSY
HT
-III_III__ OEM III
ON
11=111= �VERIFY DEPTH 4ND DIAMETER)
FRONT DWG. NO.
SIDE
Page 156Of670
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Page 157 of 670
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Page 158 of 670
6.G.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No, R20-035-Approve and authorize the
Mayor to sign an I nterlocal Agreement between the City of Boynton Beach and the Quantum Park Overlay
Development District (QPODD)for enhanced maintenance services.
Explanation of Request: The QPODD Board has transferred all assets to the City of Boynton Beach for
maintenance services. The District has also requested enhanced maintenance levels that will be funded
through the Districts assessment program. This ILA will allow the City or the District to perform this
maintenance and clarifies duties of the City and the District.
How will this affect city programs or services? The enhanced services are included in the current budget
for QPODD.
Fiscal Impact: Non-budgeted No Impact
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Resolution Resolution approving ILA with QPOD D for
enhanced maintenance services
D Agreement ILA Document
Page 159 of 670
I RESOLUTION NO. R20-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE QUANTUM PARK OVERLAY
6 DEVELOPMENT DISTRICT (QPODD) FOR ENHANCED
7 MAINTENANCE SERVICES; AND PROVIDING AN EFFECTIVE
8 DATE.
9 WHEREAS,The QPODD Board has transferred all assets to the City of Boynton Beach
10 for maintenance services; and
11 WHEREAS, The District has requested enhanced maintenance levels that will be
12 funded through the Districts assessment program; and
13 WHEREAS,the Interlocal Agreement will allow the City or the District to perform this
14 maintenance and clarifies duties of the City and the District; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to approve and
17 authorize the Mayor to sign an Interlocal Agreement with the Quantum Park Overlay
18 Dependent District for enhanced maintenance services.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and incorporated
22 herein by this reference.
23 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
24 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
S:\CA\RESO\Agreements\ILA With QPODD For Enhanced Maintenance-Reso.Docx
Page 160 of 670
25 Beach and the Quantum Park Overlay Dependent District for enhanced maintenance services.
26 A copy of the Interlocal Agreement is attached hereto as Exhibit"A".
27 Section 3. That this Resolution shall become effective immediately upon passage.
28 PASSED AND ADOPTED this day of May, 2020.
29 CITY OF BOYNTON BEACH, FLORIDA
30
31 YES NO
32
33 Mayor— Steven B. Grant
34
35 Vice Mayor—Ty Penserga
36
37 Commissioner—Justin Katz
38
39 Commissioner—Woodrow L. Hay
40
41 Commissioner— Christina L. Romelus
42
43 VOTE
44 ATTEST:
45
46
47
48 Crystal Gibson, MMC
49 City Clerk
50
51
52 (Corporate Seal)
53
S:\CA\RESO\Agreements\ILA With QPODD For Enhanced Maintenance-Reso.Docx
Page 161 of 670
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND QUANTUM PARK OVERLAY DEPENDENT DISTRICT
THIS AGREEMENT is made by and between the City of Boynton Beach, P.O. Box 310,
Boynton Beach, Florida, (hereinafter referred to as "CITY") and Quantum Park Overlay
Dependent District, 2501A Burns Road, Palm Beach Gardens,Florida 33410 (hereinafter referred
to as "DISTRICT').
WITNESSETH:
WHEREAS, the assessments collected by the DISTRICT have always been utilized in
part to cover the cost of maintaining the real property owned by the DISTRICT; and
WHEREAS, in December of 2019, the DISTRICT transferred all real property which it
owned, within the jurisdictional limits of the Quantum Park Overlay Dependent District
(Property), to the CITY; and
WHEREAS, although the CITY is the record owner of Property, the DISTRICT has a
heightened maintenance expectation for said Property which exceeds the standard that is currently
applied to public rights of way within the CITY; and
WHEREAS, the CITY and the DISTRICT each constitute a "public agency" within the
meaning of the Florida Interlocal Cooperation Act of 1969, Florida Statutes, Section 163.01, and
are each authorized to enter into Interlocal agreements; and
WHEREAS, in accordance with Florida Statutes, Section 163.01, the CITY and the
DISTRICT desire to enter into this Agreement in order cooperate with one another and effectively
carry out the purpose and intent of the parties as set forth hereafter.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. RECITALS
The foregoing recitals are true, correct, and are incorporated herein.
2. PURPOSE AND INTENT
It is the intent of the parties that the Property be maintained at a heightened standard of
maintenance and that the assessments collected by the DISTRICT will continue to be utilized, in
part, to cover the cost associated with maintaining the Property to such heightened standard.
3. PROPERTY MAINTENANCE
{00372511.2306-9001821} Page 1 of
Page 162 of 670
It is the expectation of the DISTRICT that the Property be maintained to a heightened
standard which is equal to or greater than the standard in which the Property was maintained prior
to the transfer of ownership to the CITY. The CITY shall maintain various contracts or utilize
City staff in order to ensure that the Property is maintained accordingly at all times.
4. FUNDING
The CITY has various contracts related to the provision of heightened maintenance for the
Property. Upon receipt of the monthly maintenance invoices from the CITY related to such
maintenance, the DISTRICT shall utilize a portion of its assessments to remit payment directly
to each such contractor to cover the cost of the heightened maintenance on the Property.
5. TERM
This Agreement shall be effective after execution by both parties, and shall expire on
September 30, 2020. This Agreement shall not automatically renew but may be extended as
deemed to be in the best interest of the parties.
6. INDEMNIFICATION
A. As to any legal action brought by persons or entities who are not a party to this
Agreement, to the extent permitted by law, the CITY agrees to be liable for any and all damages,
losses, and expenses incurred by the DISTRICT, caused by the acts and/or omissions of the CITY
or any of its employees, agents, subcontractors, representatives, or the like arising out of or in any
way connected with this Agreement or any future modifications hereof. For acts or omissions
caused by the CITY, the CITY shall defend and hold the DISTRICT harmless from any and all
legal actions, claims, demands by any person, arising out of or in any way connected with this
Agreement or any future modifications hereof.
B. As to any legal action brought by persons or entities who are not a party to this
Agreement, to the extent permitted by law, the DISTRICT agrees to be liable for any and all
damages, losses, and expenses incurred by the CITY, caused by the acts and/or omissions of the
DISTRICT or any of its employees, agents, subcontractors, representatives, or the like arising out
of or in any way connected with this Agreement or any future modifications hereof. For acts or
omissions caused by the DISTRICT, the DISTRICT shall defend and hold the CITY harmless
from any and all legal actions, claims, demands by any person, arising out of or in any way
connected with this Agreement or any future modifications hereof.
C. These provisions are in no way intended as a waiver of the parties' rights to
sovereign immunity.
7. SOVEREIGN IMMUNITY
The parties expressly retain all rights, benefits and immunities of sovereign immunity in
accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any
section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver
of immunity or the limits of either party's liability beyond any statutory limited waiver of immunity
or limits of liability which may have been or may be adopted by the Florida Legislature, and the
100372511.2 306-90018211 Page 2 of 4
Page 163 of 670
liability of either party for damages, regardless of the number or the nature of any claims, whether
arising in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort.
Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing
any claim against any of the parties, which claim would otherwise be barred under the Doctrine of
Sovereign Immunity or by operation of law.
8. ENTIRE AGREEMENT
This Agreement and any amendments hereto, constitutes the entire Agreement between the
parties relating to the specific matters set forth herein, and no other prior agreements or
understandings shall have any force or affect whatsoever on this Agreement or the parties hereto.
9. GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Palm Beach County, Florida.
10. WAIVER
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement or to exercise any right of option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, or condition, or right of election, but same shall remain in full force and effect.
11. AMENDMENT
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the
provisions of the latest executed instrument shall take precedence.
12. JOINT NEGOTIATIONS
This Agreement shall be construed as resulting from j oint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
13. RECORDING
The City Clerk shall file a copy of this Agreement with the Clerk of the Circuit Court in
and for Palm Beach County immediately following execution by all parties.
14. ELECTRONIC SIGNATURES.
This Agreement may be executed by electronic signature. Electronic signature shall
include faxed versions of an original signature or electronically scanned and transmitted versions.
{00372511.2306-9001821} Page 3 of
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IN WITNESS WHEREOF, this Interlocal Agreement is hereby made effective this
day of May, 2020.
QUANTUM PARK OVERLAY
DEPENDENT DISTRICT
By:
Justin Katz, Vice-Chairperson
ATTEST:
Secretary/Assistant Secretary
CITY OF BOYNTON BEACH
By:
Steven Grant, Mayor
ATTEST:
Clerk of the Board
100372511.2 306-90018211 Page 4 of 4
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6.H.
CONSENTAGENDA
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Approve minutes from the City Commission meeting on April 21, 2020.
Explanation of Request:
The City Commission met on April 21, 2020 and minutes were prepared from the notes taken at the meeting.
The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained
in the records of the City of Boynton Beach.
How will this affect city programs or services? A record of the actions taken by the City Commission will
be maintained as a permanent record.
Fiscal Impact: Non-budgeted N/A
Alternatives: Do not approve the minutes.
Strategic Plan: Building Wealth in the Community
Strategic Plan Application:
Climate Action: No
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Minutes Minutes 04-21-2020
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MINUTES OF THE CITY COMMISSION MEETING HELD
ONLINE VIA THE GOTOWEBINAR PLATFORM
BOYNTON BEACH, FLORIDA
ON TUESDAY, APRIL 21, 2020, AT 5:30 P.M.
Steven B. Grant, Mayor Lori LaVerriere, City Manager
Ty Penserga, Vice Mayor James Cherof, City Attorney
Justin Katz, Commissioner Crystal Gibson, City Clerk
Woodrow L. Hay, Commissioner
Christina Romelus, Commissioner
1. OPENINGS
A. Call to Order
Mayor Grant called the meeting to order at 5:31 p.m.
John McNally, Information Technology Director, provided information regarding how to
participate in the live online meeting.
Invocation
Commissioner Hay provided the invocation.
Pledge of Allegiance
Commissioner Romelus led the Pledge of Allegiance to the Flag.
Roll Call
City Clerk Gibson called the roll. All members were present.
B. Proposed Emergency Ordinance No. 20-009 - Approve Emergency
Ordinance No. 20-009 renewing and extending Emergency Ordinance No. 20-
008 of the City of Boynton Beach, Florida, authorizing the City Manager to
make provisions for electronic attendance by elected and appointed officials at
city meetings during periods of a declared public health emergency; providing
for public participation by telephonic or electronic means; providing for
automatic delay of finality of official action pending public comments; and,
providing an effective date.
Attorney Cherof read the proposed Emergency Ordinance No. 20-009 by title only into
the record, authorizing all City public meetings to be conducted by communication media
technology authorizing the City Manager to issue emergency orders or directives or
declarations that conform with federal state or County orders directives or declarations,
providing for automatic delay of finality of City commission action pending post
Commission meeting public comments and providing an effective date.
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Motion
Commissioner Hay moved to approve Proposed Emergency Ordinance No. 20-009.
Commissioner Romelus seconded the motion, which unanimously passed.
City Clerk Gibson called the roll. Vote 5-0
C. Accept the Official Election Results from the March 17, 2020 Municipal
Election.
City Clerk Crystal Gibson announced the official election results of the March
17, 2020 Municipal election: Commissioner Woodrow L. Hay was elected from
District II and Commissioner Ty Penserga was elected from District IV.
Motion
Vice Mayor Katz moved to accept the official election results of the March 17,
2020 election. Commissioner Romelus seconded the motion, which
unanimously passed
Nomination of Vice Mayor
Motion
Commissioner Romelus nominated Commissioner Penserga as the Vice
Mayor. Commissioner Hay seconded the motion, which unanimously passed.
Swearing in of Vice Mayor
City Clerk Gibson administered the oath to Commissioner Penserga as Vice
Mayor for the City of Boynton Beach.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant requested to moved Item 3-A before item 1-D the convening of the CRA
special meeting.
2. Adoption
Commissioner Katz moved to approve the agenda as amended. Commissioner Hay
seconded the motion.
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Vote
The motion unanimously passed.
Item 3-A (Being heard out of Sequence)
Senator Lori Berman and Representative Joseph Casello will provide an update
on the recent legislative sessions.
Senator Lori Berman announced it was a tough time for all, but the legislature is working
diligently, continuing to advocate for the City of Boynton Beach. Senator Berman provided
an update on the legislature. There were no changes to the vacation rentals, there was a
minor bill regarding growth plans and there was some discussion regarding towing
companies accepting credit cards. Explained a bill, which would not limit the amount in
ingredient in the sunscreen. She continued to note the budget was one of the best
budgets in many years. Noted the teacher increase, Florida Forever Land, affordable
housing was fully funded, 3% state employee raises. She indicated many of the items in
the budget would be slashed in July. There was a bill, which passed for the blue/green
algae, allow nurses and pharmacist to administer testing. Educational budget has been
increased. Senator Berman stated she anticipate many reductions to the budget because
of the Coronavirus.
Senator Berman stated staff is working on unemployment insurance and children who are
in the child abuse system. She mentioned about the testing sites in Palm Beach County
and getting PPE for the medical facilities.
Vice Mayor Penserga thanked Senator Berman for all the work being done in
Tallahassee. He asked what happened to the insulin bill.
Senator Berman responded the price of insulin has skyrocket and with everything
happening with COVID-19, the Bill did not receive traction at this time. The bill was
introduced by Senator Cruz. The Bill would have limited the amount charged to $100 per
month. Senator Berman stated the Senate Democratic Caucus has written a letter to the
President and Governor asking to expand Medicaid to include more people in the
coverage.
Commissioner Hay thanked Senator Berman for the report, indicated the nursing homes
seem to be bearing the brunt of the COVID-19 disease.
Senator Berman stated the governor released the name of the nursing homes, and her
office has contacted the nursing homes and inquired if they need help. Most nursing
homes have a rapid response team available. She stated this was a very big problem.
Indicated the health care workers are viewed as heroes, but the nursing home personnel
are not being viewed as such. These people are on the frontline and should be honored
as well.
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Representative Joe Casello was unable to connect to the meeting.
Mayor Grant thanked Senator Berman and indicated he appreciate all the advocacy on
behalf of the City of Boynton Beach.
D. Recess the City of Boynton Beach Commission Meeting for the CRA Board
Special Meeting.
Mayor Grant recessed the City of Boynton Beach City Commission meeting at 5:54pm.
E. Reconvene the City Commission Meeting.
Motion
Commissioner Hay moved to reconvene the City Commission Meeting. Vice Mayor
Penserga seconded the motion, which unanimously passed. The City Commission
meeting reconvened at 7:00 pm.
2. OTHER
A. Informational items by Members of the City Commission
Commissioner Katz, Commissioner Hay, Commissioner Romelus and Vice Mayor
Penserga disclosed each spoke with Bradley Miller of Bradley Property Management.
Mayor Grant disclosed he also spoke with Bradley Miller, and announced he became a
father.
3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND
PRESENTATIONS
A. Senator Lori Berman and Representative Joseph Casello will provide an
update on the recent legislative sessions. (Heard earlier in the meeting)
B. Quarterly update by Laura Lansburgh, Marketing Manager, update on the
City's Census Marketing Efforts over the past quarter.
Laura Lansburgh, Marketing Manager, announced as of April 19, 2020 Boynton Beach
Census returned rate is 48%, noted there is still time to be counted in the census.
Indicated there are three ways to respond to the Census, Online, telephone and paper
forms. Asking the Community leaders to assist the City with their outreach efforts. Ms.
Lansburgh stated there are some frequently asked question, which can be found on the
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City of Boynton Beach website. Remember to count the children. Seasonal residents
living here on April 1 st are to be counted as well. She indicated because of the COVID-
19 many community events were cancelled. City staff is here to help with any questions
regarding the Census. Please contact Marketing at 561-742-6010.
Commissioner Romelus thanked Ms. Lansburgh for the Census update.
4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE
PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need
to be adjusted depending on the level of business coming before the City
Commission)
Susan Oyer, 140 E. 27th Way, reminded everyone that Earth Day was Wednesday. Don't
forget to take the climate action pledge.
Commissioner Hay stated there was a challenge to get unemployment forms. He
announced the Boynton Beach Coalition of Clergy, working with Bishop Kenneth Jones,
has unemployment forms available at Church of God in Christ on Northeast 7th Avenue
and 1 st Street.
Amos, 8200 White Rock, asked when things would get back to normal.
Mayor Grant stated everyone would like to have that answer. He stated there is no crystal
ball. Mentioned at the CRA meeting, the Governor and neighboring counties to the south
are planning to have a phased opening of our society to not overtax certain cities or
counties.
Lori LaVerriere, City Manager, informed everyone the paper unemployment forms are
also available at the Library. The forms are available in three languages and are being
replenished when needed.
Seeing no other hands raised, Mayor Grant closed Public Audience.
5. ADMINISTRATIVE
A. Proposed Resolution No. R20-025 -Appoint a City Commission
representative and alternate to the Countywide Intergovernmental
Coordination Program.
Motion
Mayor Grant nominated Vice Mayor Penserga to serve as the City's representative and
City Manager Lori LaVerriere as the alternate for the Countywide Intergovernmental
Coordination Program. Commissioner Hay seconded the motion, which unanimously
passed.
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B. Proposed Resolution No. R20-026 -Appoint a City Commission.
representative and alternate to the Coalition of Boynton West Residents
Association COBWRA.
Mayor Grant nominated Commissioner Katz as the delegate and Commissioner Hay as
the alternate to COBWRA. Commissioner Romelus seconded the motion, which
unanimously passed.
C. Proposed Resolution No. R20-027 -Appoint a City Commission
representative and alternate to the Palm Beach County League of Cities.
Motion
Mayor Grant nominated Commissioner Romelus as the City's representative and
Commissioner Hay as the alternate. Vice Mayor Penserga seconded the motion, which
unanimously passed.
D. Proposed Resolution No. R20-028 —Appoint a City Commission
representative and alternate to the Transportation Planning Agency
(Formally known as the MPO. Metropolitan Planning Organization)
Mayor Grant stated he would like to continue in his role as the representative.
Motion
Mayor Grant nominated Commissioner Hay as the alternate for the Transportation
Planning Agency. Commissioner Romelus seconded the motion, which unanimously
passed.
E. Appoint eligible members of the community to serve in vacant positions on
City advisory boards.
Mayor Grant announced openings and applicants for each Board.
Motion
Vice Mayor Penserga nominated Bernard Wright to the Historic Resources Preservation
Board (Reg). Commissioner Romelus seconded the motion.
Vote
The motion unanimously passed.
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Motion
Commissioner Romelus nominated Irma Trueheart to the Senior Advisory Board (Reg).
Vice Mayor Penserga seconded the motion.
Vote
The motion unanimously passed.
Motion
Vice Mayor Penserga nominated Earl Harper to the Senior Advisory Board (Reg).
Commissioner Hay seconded the motion.
Vote
The motion unanimously passed.
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
Vice Mayor Penserga pulled item G.
A. Approve Task Order UT-2D-03 with Calvin Giordano and Associates, in the
amount of$82,126.69 in accordance with RFQ No. 046-2821-17/TP, General
Consulting Services Contract, Scope Category D awarded by City Commission
on August 7, 2018 to provide professional engineering design services for the
drainage improvements and road rehabilitation of Industrial Way.
B. Proposed Resolution No. R20-029 - Authorize the City Manager to sign the
Disaster Relief Funding Agreement for Federal and State assistance for
Hurricane Dorian between the City of Boynton Beach and State of Florida,
Division of Emergency Management.
C. Approve of top ranked qualifier as determined by the Evaluation Committee from
the submissions received in response to the Request for Qualifications 008-
2821-20/TP.
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D. Approve the purchase of ten thousand (10,000) KN95 masks from Galls Inc. via
an emergency purchase order authorized by the City Manager to equip our
firefighters and police officers, along with other emergency personnel, for the
COVID-19 pandemic. The purchase order totaled $50,000. The order is
scheduled to ship 4-25-20.
E. Proposed Resolution No. R20-030 -Authorize the City Manager to sign a State
Grant Agreement with the Florida Department of Health (FDOH) for the purchase
and installation of fluoride storage and feed equipment at the City's East Water
Treatment facility for a reimbursement amount of up to $213,137.50.
F. Legal expenses for March 2020 provided at the request of the City Commission.
No action required.
G. Accept surtax capital project status and CIP amendment report for the 2nd
quarter of fiscal year 2019-20 (January through March 2020).
Vice Mayor Penserga indicated he reviewed the list of projects and noticed changes to
some of the status and he would like to have an update on Meadows Park.
Andrew Mack, Director of Public Works and Engineering, stated he was excited about
the Meadows project, continued to say the project has 30% drawings completed. Noted
within the next 90 days staff should have a better idea of the final cost.
Vice Mayor Penserga requested an update on the Boynton Lakes, the ADA playground
equipment, and the sidewalk repair.
Mr. Mack responded there is an overall site plan improvement project. These projects
and being included in the total site plan.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which
passed unanimously.
Motion
Commissioner Hay moved to approve the remainder of the Consent Agenda as amended.
Vice Mayor Penserga seconded the motion, which unanimously passed.
7. BIDS AND PURCHASES OVER $100,000
A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described in
the written report for April 07, 2020 - "Request for Extensions and/or
Piggybacks.
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B. Approve issuance of a purchase order to Beltmann Group, Inc. in the amount
of $90,000.00 to provide relocation services for various departments from
their current temporary locations back to their permanent location in Town
Square, Police Department, and the Cultural Center in accordance with RFP
No. 015-1210-18/IT, "Municipal Complex Relocation".
C. Award task order F-19-2020 Fire Station #2 and #4 Kitchen Renovations, part
of Bid No. 018-2511-18/IT for Minor Construction Services and authorize the
issuance of a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest
responsive, responsible bidder in the total amount of $110,800.
D. Proposed Resolution No. R20-031 -Approve an expenditure request as a
result of RFP No. 021-2210-19/IT, installation of vehicle exhaust extraction
systems with Rossman Enterprises DBA Clean Air Concepts, for Fire Station
1 at a cost of $59,041.00 and future station costs, including the installation
and modifications at Fire Station 2, Fire Station 3, Fire Station 4, and Fire
Station 5, for an estimated cost of $186,060.00, a 10% contingency fee of
$18,606.00, not to exceed a cumulative total of $204,666.00.
E. Approve Task Order UC-01-2020 with McKim & Creed in the sum of
$221,392 in accordance with RFQ No. 038-2821-19/TP for Supervisory
Control and Data (SCADA) System Programming, Preventive Maintenance
and Repair Services as approved by Commission January 21, 2020.
F. Approve the purchase of 210 RV55 Sierra Modems and Antennae from
Express Radio, Inc through a piggyback of the Broward Sheriff's
Office Contract 12-29077/JHJ for a total price of $183,960. The Broward
Sheriff's Office Contract meets or exceeds the requirements of the City's
procurement policy.
G. Authorize the purchase of library furniture, shelving and signage through R.
George Associates in the amount of $164,997.59.
Motion
Vice Mayor Penserga moved to approve the Consent Agenda for items over $100,000.
Commissioner Hay seconded the motion, which passed unanimously.
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.
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Mayor Grant noted items, A, B, C and D are continued to a future meeting.
A. Proposed Ordinance No. 20-002 - Second 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. (The applicant has requested to continue this agenda
item to the May 19, 2020 Commission Meeting.)
B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton
Beach Mall allowing for the phased conversion to a mixed use or lifestyle
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. (The applicant has requested to continue this agenda item to the
May 19, 2020 Commission Meeting.)
C. Proposed Ordinance No. 20-005 - First Reading -Approve 7-Eleven 101 W.
Woolbright Rd, amending Future Land Use Map from Low Density Residential
(LDR) and Medium Density Residential (MDR) to Local Retail Commercial
(LRC). (This agenda item has been continued to the May 5, 2020
Commission Meeting.)
Proposed Ordinance No. 20-006 - First Reading -Approve 7-Eleven 101 W.
Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-
2 Single- and Two-Family Residential District to C-2 Neighborhood
Commercial District (This agenda item has been continued to the May 5,
2020 Commission Meeting.)
D. Approve request for Conditional Use and Major Site Plan Modification (COUS
20-002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow
redevelopment of an existing convenience store for a new 3,454 sq. ft.
convenience store, gas pump islands consisting of six (6) pump stations
under a 3,096 sq. ft. canopy, and related site amenities and improvements on
a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community
Commercial). Applicant: Shane Laakso, Creighton Development. (This
agenda item has been continued to the May 5, 2020 Commission
Meeting.)
E. Proposed Ordinance No. 20-007- Second Reading - Establishing the
Boynton Beach Community Redevelopment Agency (CRA) sunset date
and extending the time certain for the completion of projects described in the
Community Redevelopment Plan.
Attorney Cherof read the proposed Ordinance No. 20-007 into the record by title only on
second reading.
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Motion
Commissioner Romelus moved to approve. Commissioner Hay seconded the motion.
Clerk Gibson called the roll.
Vote
5-0
9. CITY MANAGER'S REPORT
A. Approve the Boynton Beach COVID-19 Small Business Relief Grant
Program and allocate $60,000 ($42,000 remaining in the Commercial Grant
Program and $18,000 from Community Enrichment Funds) to provide direct
financial relief, to small businesses located within the City of Boynton Beach.
David Scott, Director of Economic Development, said the City of Boynton
Beach recognizes that small businesses have suffered substantial economic loss due to
the COVID-19 pandemic. In response, the City proposes the creation of the Boynton
Beach COVID-19 Small Business Relief Grant Program in the amount of$60,000. Funds
will provide 20 qualified businesses within the City with $3,000 each on a first-come-first
serve-basis. The funds can be used for reimbursement of monthly rent/mortgage, payroll
and utility expenses. The grant period is from April 1, 2020 until the Stay-at-home Order
is lifted or the end of the fiscal year, whichever occurs first.
If approved, funding for this program will come from two sources. The first is the $54,000
the City budgets each year to provide local Boynton Beach businesses with rent
reimbursement and commercial interior build-out grants. Those funds are broken down
into two rent reimbursement grants for a maximum of $12,000/grant and two commercial
interior build-out grants for a maximum of $15,000/grant. A $12,000 rent reimbursement
grant has already been dedicated for a local business in FY 19-20, making the
remaining $42,000 (reallocated from Business Incubator Grant funding) available for the
Boynton Beach COVID-19 Small Business Relief Grant Program. If reallocated, the
$42,000 will no longer be available for originally budgeted purposes. An additional
$18,000 will come from the Community Enrichment Fund, which is funded by Christ
Fellowship on an annual basis and is intended to be used for community-based programs
that increase the quality of life for the residents of Boynton Beach.
Commissioner Katz wanted to protect the businesses outside the CRA district, since the
CRA would be allocating funds for those in the CRA district.
Mayor Grant asked if certain businesses could be excluded from the grant.
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Vice Mayor Penserga was in favor of converting this to a grant program.
Commissioner Hay inquired about how this program would be marketed. Mr. Scott
responded staff would make an announcement on Facebook Live at 1:30 pm; the funding
could be available the first week in May.
Motion
Commissioner Romelus moved to approve, as amended, limiting CRA businesses from
accessing City funds. Vice Mayor Penserga seconded the motion, which unanimously
passed.
Mayor Grant opened to Public Comment.
Susan Oyer, 140 SE 27th Way, asked where this information could be found. Mr. Scott
provided a telephone number of 742-6014 and a website address of
www. o� ton.cor . He also provided a contact email address for John Durgan,
duran bbf.us.
Mayor Grant closed Public Comment.
Vote
5-0
10. UNFINISHED BUSINESS - None
11. NEW BUSINESS
A. Short presentation and discussion by utility staff regarding Septic Tank
Inspections.
Joseph Paterniti, Utility Director, indicated septic tank systems are permitted by Palm
Beach County. The Florida Department of Environmental Protection (FDEP) has
delegated the permitting and monitoring of onsite septic systems to the Palm Beach
County Department of Health (DOH). Florida Administrative Code (FAC) 64E-6 outlines
the requirements for design, permitting, construction and monitoring septic systems. Mr.
Paterniti provided a graphic design of a conventional septic system. Provided the
Commission with a list of three residential homes with septic systems within the city limits
which are still using a septic system.
Mayor Grant noted he would like for this Commission to move forward with determining
the cost and possibly having a payment system with any of the residents to put them on
to wastewater.
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Colin Groff, Assistant City Manager, said they need to look at the system, to see how
much is the cost.
Mr. Paterniti stated FL statute allows municipalities who own and have a central system
capable of serving a property, to require property owners with functioning onsite systems
to connect to the central system within 365 days of notification of availability.
Mayor Grant indicated he would like to move forward with the cost analysis for the three
residents within the City limits to have the septic tanks removed.
B. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as
requested by Mayor Grant.
Julie Oldbury, Director of Human Resources and Risk Management, provided
information regarding CBD oil, THC testing and the various unions. Employees are
responsible for what is put in their bodies.
Mayor Grant inquired if the City has a zero tolerance policy.
Ms. Oldbury stated the majority of CBD products are not regulated by the Food and Drug
Administration (FDA); therefore, there is no guarantee of what is in (or not in) the product.
Employees who use CBD products are using them at their own risk, because if the CBD
product an employee uses turns out to contain more than the legally permissible amount
of THC, an employee may have a positive drug test result and then be in violation of the
City's Drug-Free Workplace Policy. One of the City's Medical Review Officers (MRO) that
we use for our drug-testing program provided the following guidelines regarding three
different types of CBD oil: 1. Full Spectrum CBD — Contains small amounts of THC and
can trigger a positive drug test result if large amounts are used. 2. Broad Spectrum CBD
— Contains all the benefits/chemicals of Full Spectrum CBD, but no THC. This will not
trigger a positive drug test result. 3. Distilled CBD — Contains only CBD (no other
chemicals) and does not contain THC. This will not trigger a positive drug test result.
Attorney Cherof stated it does not apply to zero tolerance; this would be determined by
the medical director as well as the Human Resources. The concept of zero tolerance is
a term that's used often, but it does not really apply when an employee tests positive.
There is always a follow-up procedure with the medical director in certain cases with the
City's HR department and with legal to determine if the individual who tested positive may
have tested positive for some reason unrelated to illegal drugs. There is a safety net for
the employee that is initiated by inquiry, usually starting with the HR department.
Ms. Oldbury indicated the City has a Drug-Free Workplace Policy, which has been
negotiated with each Collective Bargaining Unit, with minor modifications to the random
drug testing requirements.
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Vice Mayor Penserga stated, CBD is not addictive. He thanked the Attorney for
clarification.
Mayor Grant stated Boynton Beach is a drug free workplace.
C. Proposed Resolution No. R20-032 -Authorize issuance of a not to exceed
$43 million principal amount of Taxable Utility System Refunding Bond,
Series 2020A in order to refund a portion of the City's Utility System
Revenue Bonds, Series 2012 and not to exceed $11 million principal
amount of Tax Exempt Utility System Refunding Bond, Series 2020B in
order to refund all of the City's Utility System Revenue Bond, Series 2018.
Mayor Grant read proposed Resolution No. R20-032 into the record. He requested an
update from Finance.
Mara Frederiksen, Director of Financial Services, replied with the new interest rates, the
City's net percentage value saving would be about $1.5 million: $1.2M on 2012 and $6M
on 2018. The 2012 Bonds have interest rates ranging from 3.625% -5.000%. The 2020A
Bond will have an initial taxable interest rate of 2.56% with the ability to convert to a tax-
exempt interest rate of 2.09% no more than 90 days prior to November 1, 2021. It is
structured in this manner due to tax law restrictions that prevent a tax-exempt refunding
more than 90 days prior to the Series 2012 call date (November 1, 2021). The 2018 Bond
has an interest rate of 3.60%. The 2020B Bond will have a tax-exempt interest rate of
2.16%. By completing both refunding, the City will pay the 2012 Bonds off two years early
and the 2018 Bond off three years early and still reduce the annual debt service
payments.
Mayor Grant thanked Ms. Frederiksen for savings to the city and our taxpayer's money.
Motion
Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion, which
unanimously passed.
D. Discussion concerning adding gender neutral signage to available single
occupancy restrooms within the City.
Vice Mayor Penserga gave some prepared remarks. Noted it was safe to say that the
City of Boynton Beach takes great pride in the work that our city staff has already done
to make this city more inclusive, respectful and accommodating of all of our residents -
whether referring to a very robust non-discrimination policy or with steps that were taken
to achieve ADA compliance. The City has achieved excellence in that direction or leading
the way in building a progressive and modern city and what he was proposing tonight.
He believed this was a natural extension of that work. He was seeking the support of all
14
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida April 21, 2020
of his fellow Commissioners to direct the City Manager to designate all city-owned single-
occupancy bathrooms as gender neutral.
Mayor Grant supported the gender neutral, single occupancy restrooms. He wanted to
make sure there were no ramifications against the City and learned there was no
recourse.
Commissioner Hay asked about the cost to private businesses and locks.
Vice Mayor Penserga clarified that the request tonight is specifically for city-owned single-
occupancy bathrooms, not to impose on outside businesses. Vice Mayor Penserga was
not aware of any single occupancy bathroom, which does not have locks.
Commissioner Katz supported the gender neutral signage.
Vice Mayor Penserga noted the significant impact in the lives of people particularly of the
transgendered neighbors and co-workers. He believed this was important to add:
transgender people are just like any of you and me except that they were assigned a
gender at Birth that doesn't match who they really are now. Many have described it as
kind of like being trapped in someone else's body. Vice Mayor Penserga continued to
say if anyone could imagine the fear, the loneliness constant bullying throughout their
lives and we all know what that can do to a person often vilified in the media harassed,
being dragged out a bathroom. When all they really want like you and me, just to be left
alone so they can do their business, literally.
Commissioner Katz stated he was in full support of the gender neutral bathroom. He
expressed in his time working in the school district to the best of his recollection all the
single occupancy bathrooms were gender neutral. Commissioner Katz stated the
bathrooms in our temporary buildings would not be included.
Motion
Vice Mayor Penserga moved to direct the City Manager to designate all city-owned single-
occupancy bathrooms as gender-neutral using the signage shown as Exhibit A with the
exception of bathrooms in the City of Boynton Beach temporary buildings. Commissioner
Hay seconded the motion, which unanimously passed.
Mayor Grant opened to Public Comment.
April Radcliff, City Resident, thanked the City Commission for this item and said it will
benefit all. It affects not only the transgender community but everyone.
Attorney Cherof stated there may be an error in the numbering of item 11-C. Instructed
the Clerk to check and revise if needed.
Motion
Vice Mayor Penserga moved to correct the error if needed. Commissioner Hay seconded
the motion, which unanimously passed.
15
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida April 21, 2020
12. LEGAL
A. Discussion and authorization to terminate Franchise Agreement with FLSC,
LLC., for textile recycling program.
Attorney Cherof stated FLSC, LLC was in default of the franchise agreement. The City
of Boynton Beach has not received any franchise fees.
Colin Groff requested to table this discussion so the City could negotiate and work out an
alternate agreement.
Lori LaVerriere, City Manager, informed the Commission that the original agreement
stated 50 containers at$100k a year. FLSC, LLC has placed less than 25 containers and
FLSC, LLC would like to renegotiate the contract based on the lower number of
containers.
Mayor Grant asked Prorate; they tried to place some dumpsters.
Ms. LaVerriere indicated if this item is tabled, staff could bring back some
recommendations to the Commission.
Motion
Vice Mayor Penserga moved to table for 30 days to May 19, 2020. Commissioner
Romelus seconded the motion, which unanimously passed.
Commissioner Hay expressed concern regarding a hot spot for the Coronavirus in the
33435-zip code, which is mainly in District II. Stated there was many cases of the virus
in this area and he would like to understand the reasoning. Mayor Grant explained there
were many nursing homes as well as hospitals in the affected area.
Ms. LaVerriere stated she would have some research and would report back to the
Commission.
13. FUTURE AGENDA ITEMS
A. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County
Chamber of Commerce will present on member benefits. - May 5, 2020
B. Staff and the Town Square Development team (E2L Solutions and JKM
Developers) will present an update to the Commission on the Town Square
Project - May 5, 2020
C. The City Commission requested a presentation of the Town Square
Opportunity Fair hiring efforts and results. - May 5, 2020.
16
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Meeting Minutes
City Commission Meeting
Boynton Beach, Florida April 21, 2020
D. Consideration of an ILA between the City and CRA for CRA funding of the BB
Blvd. Extension Project for $500K. - May 19, 2020.
E. Provide update on potential sale of the Nichol's property to Pulte Homes - TBD
F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling
Unit Ordinance — TBD.
G. Request by Mayor Grant to discuss Wellington's home-based business
regulations. - TBD.
14. ADJOURNMENT
Motion
There being no further business to discuss, Commissioner Katz moved to adjourn.
Commissioner Hay seconded the motion.
Vote
The motion unanimously passed. The meeting adjourned at 8:15 p.m.
(Continued on next page.)
17
Page 183 of 670
Meeting Minutes
City Commission Meeting
Boynton Beach, Florida April 21, 2020
CITY OF BOYNTON BEACH
Mayor - Steven B. Grant
Vice Mayor— Ty Penserga
Commissioner— Justin Katz
Commissioner— Woodrow L. Hay
Commissioner— Christina Romelus
ATTEST:
Crystal Gibson, MMC
City Clerk
Queenester Nieves, CMC
Deputy City Clerk
18
Page 184 of 670
7.A.
CONSENT BIDS AND PURCHASES OVER$100,000
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-036-Approve piggybacking and
authorize the City Manager to sign a Contract, in accordance with the terms& conditions of The City of
Pompano Beach Community Redevelopment Agency Unarmed Roving Security Guard Contract; placed in
accordance with RFP P-15-19 issued on 02/28/2019, approved for award by Resolution No. 2019-35 on
06/18/2019, and fully executed and notarized 06/25/2019 for an annual estimated amount of$125,000 not to
exceed $150,000. Contract is for a period of three (3) years, with 2 years remaining with an option to renew
for two (2) one-year terms for a total $500,000 estimated amount over the total potential four-year term of the
agreement.
Explanation of Request:
The Police Department seeks to contract ambassador/unarmed security services for use in the City of
Boynton Beach. The proposed Ambassador program contract is not just private security officers routinely
patrolling their area of responsibility, they double as hospitality hosts. The objective of the Ambassador
program is to make visitors, employees and residents feel welcome and safe. The Ambassadors will be able to
intervene and disperse those involved in misconduct or violating City rules as well as providing directions and
answering general questions. The overall scope of work would include providing high visibility security
services at City Hall, the Cultural Center, other City facilities/lands and special events as designated by the
Chief of Police. The Ambassador security program has been implemented and shown successful in other
communities in South Florida.
How will this affect city programs or services? City programs and services will be enhanced by the highly
visible professional appearance of the Ambassadors and increased safety. Ambassadors will staff the City
Hall interior information desk as well as rove the building and surrounding grounds. Additional assignments
include staffing City Commission meetings, events at the Cultural Center facility, the amphitheater and other
city events as designated by the Chief of Police.
Fiscal Impact: Budgeted An annual estimated amount of$125,000 not to exceed $150,000. To be paid
from Account#001-2110-521.49-17.
Alternatives: Reject the contract services and increase police officer positions to address these security
staffing needs.
Strategic Plan: Redevelop Downtown
Strategic Plan Application:
Climate Action: No
Page 185 of 670
Climate Action Discussion:
Is this a grant? No
Grant Amount:
Contracts
Vendor Name: Professional Security Concepts, Inc.
Start Date: 6/25/2019
End Date: 6/24/2022
Contract Value: $125,000
Minority Owned Contractor?: No
Extension Available?: Yes
Extension Explanation:
In the event the Boynton Beach Community Redevelopment Agency determines Contractor to be in full
compliance with this Agreement and Contractor's performance to be satisfactory, then the CRA shall have the
option to renew this Agreement for two additional periods of one (1) year based on the same prices, terms
and conditions upon the written consent of both the CRA and the Contractor.
ATTACHMENTS:
Type Description
Resolution approving piggy-back of Pompano
Resolution Beach contract with Professional Security
Concepts
Agreement Piggy-back Agreement with Professional
Security Concepts
Attachment Pompano Beach giving the City of Boynton
Beach permission to piggy back
Attachment 2, Professional Services Concepts, Inc. agreeing
to City of Boynton Beach piggy backing
City of Pompano Beach Community
Addendum Redevelopment Agency Unarmed Roving
Security Guard Contract
Page 186 of 670
1
2 RESOLUTION NO. R20-
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING THE PIGGYBACKING AND
6 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT
7 WITH PROFESSIONAL SECURITY CONCEPTS, INC., IN
8 ACCORDANCE WITH THE TERMS & CONDITIONS OF THE
9 CITY OF POMPANO BEACH COMMUNITY REDEVELOPMENT
10 AGENCY UNARMED ROVING SECURITY GUARD CONTRACT
11 FOR AN ANNUAL ESTIMATED AMOUNT OF $125,000 NOT TO
12 EXCEED $150,000, FOR A PERIOD OF TWO (2) YEARS
13 REMAINING WITH AN OPTION TO RENEW FOR TWO (2) ONE-
14 YEAR TERMS FOR A TOTAL $500,000 ESTIMATED AMOUNT
15 OVER THE TOTAL POTENTIAL FOUR-YEAR TERM OF THE
16 CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
17
18 WHEREAS,the Police Department seeks to contract ambassador/unarmed security
19 services for use in the City of Boynton Beach; and
20 WHEREAS,the proposed Ambassador program contract is not just private security
21 officers routinely patrolling their area of responsibility, they double as hospitality hosts
22 which will make visitors, employees and residents feel welcome and safe; and
23 WHEREAS,the Ambassadors will be able to intervene and disperse those involved
24 in misconduct or violating City rules as well as providing directions and answering general
25 questions with their overall scope of work to include providing high visibility security
26 services at City Hall, the Cultural Center, other City facilities/lands and special events as
27 designated by the Chief of Police; and
28 WHEREAS, the Ambassador security program has been implemented and shown
29 successful in other communities in South Florida; and
30 WHEREAS, City staff has confirmed that the procurement process meets or
31 exceeds that of the City of Boynton Beach's requirements; and
S:ACA\RESO\Agreements\Piggy-Back Pompano Beach CRA With Professional Security Concepts-Reso.Docx
Page 187 of 670
32 WHEREAS, upon recommendation of staff, it is the City's desire to approve the
33 piggy-backing and authorize the City Manager to sign a Contract with Professional Security
34 Concepts, Inc., in accordance with the terms & conditions of the City of Pompano Beach
35 Community Redevelopment Agency unarmed roving security guard contract for an annual
36 estimated amount of $125,000 not to exceed $150,000, for a period of two (2) years
37 remaining with an option to renew for two(2)one-year terms for a total $500,000 estimated
38 amount over the total potential four-year term of the contract.
39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
41 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
42 as being true and correct and are hereby made a specific part of this Resolution upon
43 adoption.
44 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
45 approves piggy-backing and authorizes the City Manager to sign a Contract with
46 Professional Security Concepts, Inc., in accordance with the terms & conditions of the City
47 of Pompano Beach Community Redevelopment Agency unarmed roving security guard
48 contract for an annual estimated amount of$125,000 not to exceed $150,000, for a period
49 of two (2) years remaining with an option to renew for two (2) one-year terms for a total
50 $500,000 estimated amount over the total potential four-year term of the contract, a copy of
51 which is attached hereto as Exhibit"A".
52 Section 3. That this Resolution shall become effective immediately.
53
S:ACA\RESO\Agreements\Piggy-Back Pompano Beach CRA With Professional Security Concepts-Reso.Docx
Page 188 of 670
54 PASSED AND ADOPTED this day of May, 2020.
55 CITY OF BOYNTON BEACH, FLORIDA
56 YES NO
57
58 Mayor— Steven B. Grant
59
60 Vice Mayor— Ty Penserga
61
62 Commissioner—Justin Katz
63
64 Commissioner—Woodrow L. Hay
65
66 Commissioner—Christina L. Romelus
67
68
69 VOTE
70
71 ATTEST:
72
73
74
75 Crystal Gibson, MMC
76 City Clerk
77
78
79
80 (Corporate Seal)
S:ACA\RESO\Agreements\Piggy-Back Pompano Beach CRA With Professional Security Concepts-Reso.Docx
Page 189 of 670
UNARMED ROVING SECURITY GUARD CONTRACT
This Agreement is made as of this day of , 2020 by and between
PROFESSIONAL SECURITY CONCEPTS, INC., 700 South Rosemary Avenue, Ste. 200, West
Palm Beach, FL 33401 ("PSC" or "Contractor"), and THE CITY OF BOYNTON BEACH, a
Florida municipal corporation,with a mailing address of Post Office Box 310, Boynton Beach, FL
33425 (the "City").
RECITALS
WHEREAS, The Police Department seeks to contract ambassador/unarmed security
services for use in the City of Boynton Beach. The proposed Ambassador program contract is not
just private security officers routinely patrolling their area of responsibility, they double as
hospitality hosts. The objective of the Ambassador program is to make visitors, employees and
residents feel welcome and safe. The Ambassadors will be able to intervene and disperse those
involved in misconduct or violating City rules as well as providing directions and answering
general questions. The overall scope of work would include providing high visibility security
services at City Hall, the Cultural Center, other City facilities/lands and special events as
designated by the Chief of Police. The Ambassador security program has been implemented and
shown successful in other communities in South Florida; and
WHEREAS, PSC, has agreed to allow the City to piggy-back the Pompano Beach
Community Redevelopment Agency Contract RFP 4P-15-19 for Unarmed Roving Security Guard
Contract for a period of three(3)years,with 2 years remaining with an option to renew for two(2)
one-year terms for a total $500,000 estimated amount over the total potential four-year term of the
agreement at prices based on Pompano Beach Community Redevelopment Agency contract.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and PSC agree that PSC shall provide unarmed roving security guard
services for a period of two(2)years remaining with an option to renew for two(2)one-year terms
for a total $500,000 estimated amount over the total potential four-year term of the agreement at
prices based on Pompano Beach Community Redevelopment Agency contract, a copy of which is
attached hereto as Exhibit"A", except as hereinafter provided:
A. All references to Pompano Beach Community Redevelopment Agency, shall be deemed as
references to the City of Boynton Beach. Any reference to Broward County shall be deemed
Page 1
S:ACA\AGMTS\Piggyback(Pompano Bch)Professional Security Concepts Agmt.Docx Page 190 of 670
as references to Palm Beach County and venue for any litigation arising under this Agreement
must be in a court of competent jurisdiction in Palm Beach County, Florida.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List, and not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with
any scrutinized company referred to above. Submitting a false certification shall be deemed
a material breach of contract. The City shall provide notice, in writing,to Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active Agreement term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to
terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
Page 2
S:ACA\AGMTS\Piggyback(Pompano Bch)Professional Security Concepts Agmt.Docx Page 191 of 670
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
1) Keep and maintain public records required by the CITY to perform the service;
2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise
provided by law;
3) Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration
of the Agreement term and, following completion of the contract, Contractor shall destroy all
copies of such confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY; and
4) Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY,
all public records in Contractor's possession All records stored electronically by Contractor
must be provided to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK
P.O. BOX 310
BOYNTON BEACH, FL, 33425
561-742-6061
CITYCLERK@BBFL.US
Section 3. In the event that the Pompano Beach Community Redevelopment Agency
Contract is amended, or terminated, PSC shall notify the City within ten (10) days. In the event
the Pompano Beach Community Redevelopment Agency Agreement is amended or terminated
prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed
amended or terminated, until specifically amended or terminated by the parties hereto.
Section 4.PSC agrees that in the event it enters into a Contract for the same(or substantially
similar) scope of services with another local government in Florida which contains a term or
condition, including fees, charges or costs, which the City determines to be more favorable than
Page 3
S:ACA\AGMTS\Piggyback(Pompano Bch)Professional Security Concepts Agmt.Docx Page 192 of 670
the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the
City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. This Agreement will take effect once signed by both parties. This Agreement
may be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature for all
purposes.
Section 7. In all other aspects,the terms and conditions of the Pompano Beach Community
Redevelopment Agency Contract are hereby ratified and shall remain in full force and effect under
this Agreement, as provided by their terms.
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Lori LaVerriere, City Manager
Crystal Gibson, MMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
PROFESSIONAL SECURITY CONCEPTS,INC.
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
Page 4
S:ACA\AGMTS\Piggyback(Pompano Bch)Professional Security Concepts Agmt.Docx Page 193 of 670
EXHIBIT A
CONTRACT BETWEEN POMPANO BEACH
COMMUNITY REDEVELOPMENT AGENCY AND
PROFESSIONAL SECURITY CONCEPTS, INC
Page 5
S:ACA\AGMTS\Piggyback(Pompano Bch)Professional Security Concepts Agmt.Docx Page 194 Of 670
From: Jill Press
To: Wood;Randy_
Cc: Steve Stewart;Jeffrey Enalish
Subject: RE:City of Boynton Beach Request Permission to Piggyback Attached Pompano Beach Unarmed Roving Security Guard
Contract placed in Accordance With RFP P-15-19 Approved by Resolution No. 2019-35 on 6/18/19
Date: Monday,March 02,2020 11:22:22 AM
Randy—Nice talking to you this morning. We are please that you will be piggybacking this contract. Please
let us know if you need any additional support documents.
Regards,
Jill
Jill Klaskin Press, CPPO
City of Pompano Beach
ill/.oress(Dcoobfl,com
Office(954)786-4098
Cell (305)458-6339
From:Wood, Randy<WoodJ@bbfl.us>
Sent: Monday, March 2, 2020 11:18 AM
To:Jill Press<Jill.Press@copbfl.com>
Subject:City of Boynton Beach Request Permission to Piggyback Attached Pompano Beach Unarmed
Roving Security Guard Contract placed in Accordance With RFP P-15-19 Approved by Resolution No. 2019-
35 on 6/18/19
EXTERNAL ERNAIL Emaik Do not reply,click links,or open attachments unless you recognize the sender's EMAIL ADDRESS as
legitimate and know the contents are safe.
Jill,
Confirming our telephone conversation of this morning, 3/02/20, the City of Boynton Beach
request permission to Piggyback attached Pompano Beach Unarmed Roving Security Guard Contract
placed in Accordance With RFP P-15-19 approved by Resolution No. 2019-35 on 6/18/19.
Please acknowledge and confirm your verbal approval to allow the City of Boynton Beach to piggyback this
contract.
Sincerely,
xx f~ , ,
F; its;•; ',,�.1, , �.rrC
P i J r lii' Mnagvr
Fhn anr.Jal Servk..eQ
— M al 11 I1r ( P OBax 310 B(D y I 0 n B e a, I, F r .a t 42.7
561-�Zl 2-6322
Page 195 of 670
P ae 'ry aC,vi.,vu that Fk rk ii ., .: err,,.:- pixbh rec( r- Q I. ��✓ anc' II �„rre p ;n-en�e rn,e v i. e ,a irl: y
:re Q x�r e CAQcl (DS iAry �Un ,er FI ;ri " a r ;r I w, ei .ail a,"' .,.,v ary txk:rlic re (Dru- icrvr,,rv, ;txr v
T11 rnlrnl xnic a i(D n a nu „txry ir .:i . CIA CIA ry Q Q rnl v Irv:i xrr e C L UDp" i< „iSC'OStxre.
Page 196 of 670
Baile , Tameisha
From: Willie Perez - PSC CityPlace <wperez@pscsite.com>
Sent: Friday, March 06, 2020 12:28 PM
To: rportes@pscsite.com;Wood, Randy
Cc: Zeller, Matthew; DeGiulio,Joseph;Jill Press
Subject: Re: PSC's Agreement to City of Boynton Beach Request to Piggyback Attached
Pompano Beach Unarmed Roving Security Guard Contract With PROFESSIONAL
SECURITY CONCEPTS,INC (PSC) - RFP P-15-19 Resolution No. 2019-35 on 6/18/19.
Randy,
My apologies for the email confusion.
We approved to continue with the process.
Let me know if you need anything else from my end.
We are thrill to start this new endeavor with the city of Boynton Beach.
Sincerely,
Willie Perez
Senior Regional Director For PSC
West Palm Beach, Fl
Ofc. 561-209-6516
Cel 561-402-2152
www-j�,Icsile.cqtts
email, °Ta ��csit .e n
From:Wood, Randy(VV0to b 3 s)
Date: 03/02/20 12:17
p s,..
pscsitexorn
Cc: Jill Press ( �.. f �F. ug.r;a, � ) 1��ere t�����scsite cnn, DeGiulio, Joseph (�.'��o'.�iuH bbfl.us), Zeller, Matthew
( e1He err @bb us)
Subject: PSC's Agreement to City of Boynton Beach Request to Piggyback Attached Pompano Beach Unarmed Roving
Security Guard Contract With PROFESSIONAL SECURITY CONCEPTS, INC(PSC)-RFP P-15-19 Resolution No.2019-35 on
6/18/19.
1
Page 197 of 670
TO: Robert Portes, Director of Operations
PROFESSIONAL SECURITY CONCEPTS, INC (PSC)
700 South Rosemary Avenue, Suite 200
West Palm Beach, FL 33401
Office: (561)209-6516
Robert,
Confirming our 3/02/20 telephone(561-402-2166)conversation, the City of Pompano Beach has given City of
Boynton Beach permission in the below 3/02/20 email from Jill Press to Piggyback Pompano Beach Unarmed Roving
Security Guard Contract with PROFESSIONAL SECURITY CONCEPTS, INC(PSC) placed in Accordance With RFP P-
15-19 Approved by Resolution No. 2019-35 on 6/18/19.
Please acknowledge &confirm PSC's agreement to allow City of Boynton Beach to Piggyback Pompano Beach
Unarmed Roving Security Guard Contract with PROFESSIONAL SECURITY CONCEPTS, INC (PSC)placed in
Accordance With RFP P-15-19 Approved by Resolution No. 2019-35 on 6/18/19.
Randy Wood., CPPB
Purchasing Manager
Financial Services
" ailing address: P.O. Box 310 1 Boynton Beach, Florida 33425
Physical address:3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 33426
561-742-6322
UnitedStates" Ea �oo ��ar ,bj boynton-beach.org/
Census
2020
Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclos
e-mail address may be subject to public disclosure.
2
Page 198 of 670
From: Jill Press<J PrEy 'I s)L . >
Sent: Monday, March 2, 2020 11:22 AM
To:Wood, Randy<W�..�di Cr. �blq'. �->
Cc: Steve Stewart< tevco >;Jeffrey English < ef „ r >
Subject: RE: City of Boynton Beach Request Permission to Piggyback Attached Pompano Beach Unarmed Roving
Security Guard Contract placed in Accordance With RFP P-15-19 Approved by Resolution No. 2019-35 on 6/18/19
Randy-Nice talking to you this morning. We are please that you will be piggybacking this contract. Please let us know if
you need any additional support documents.
Regards,
Jill
Jill Klaskin Press, CPPO
City of Pompano Beach
com
Office(954)786-4098
Cell (305)458-6339
From: Wood, Randy< o bbfLus>
Sent: Monday, March 2, 2020 11:18 AM
To: Jill Press < l ,Pressc i.� .._..�.�6. >
Subject: City of Boynton Beach Request Permission to Piggyback Attached Pompano Beach Unarmed Roving Security
Guard Contract placed in Accordance With RFP P-15-19 Approved by Resolution No. 2019-35 on 6/18/19
EXTERNAL.E:nall: Do not reply, click links, or open attachments unless you recognize the sender's EMAIL ADDRESS
as legitimate and know the contents are safe.
Jill,
3
Page 199 of 670
Confirming our telephone conversation of this morning, 3/02/20, the City of Boynton Beach request permission
to Piggyback attached Pompano Beach Unarmed Roving Security Guard Contract placed in Accordance With RFP P-15-
19 approved by Resolution No. 2019-35 on 6/18/19.
Please acknowledge and confirm your verbal approval to allow the City of Boynton Beach to piggyback this contract.
Sincerely,
Randy Wood., CPPB
Purchasing Manager
Financial Services
Mailing Address: P.O. Box 310 1 Boynton each, Florida 33425
Physical Address: 3301 Quantum Blvd., Suite 101 1 Boynton Beach, Florida 331426
561-742-6322
0 WoodJ@bbfl.us I [E] boynton-beach.org/
U [2 FEII
Please be advised that Florida has a broad public records law and all correspondence to me via email may be
subject to disclosure.Under Florida records law, email addresses are public records. Therefore- your e-mail
communication and your e-mail address may be subject to public disclosure.
Page 200 of 670
RESOLUTION NO. 2019 -
POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY
A RESOLUTION OF THE POMPANO BEACH COMMUNITY
REDEVELOPMENT AGENCY (CRA) APPROVING AND
AUTHORIZING THE PROPER OFFICIALS TO EXECUTE AN
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE
CRA AND PROFESSIONAL SECURITY CONCEPTS, INC. FOR
UNARMED ROVING SECURITY GUARD SERVICES;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE POMPANO BEACH COMMUNITY
REDEVELOPMENT AGENCY THAT:
SECTION 1. The Agreement for Professional Services between the Pompano Beach
Community Redevelopment Agency (CRA) and Professional Security Concepts, Inc., for
Unarmed Roving Security Guard Services, a copy of which Agreement is attached hereto and
incorporated by reference as if set forth in full, is hereby approved.
SECTION 2. The proper officials are hereby authorized to execute said Agreement
between the CRA and Professional Security Concepts, Inc.
SECTION 3. This Resolution shall become effective upon passage.
PASSED AND ADOPTED this 18th day of June, 2019.
a: ._-- .... .:.
RE r ARDIN, CHAIRPERSON
ATTEST:
MARSHA CARMICHAEL, SECRETARY
Page 201 of 670
SERVICE CONTRACT
THIS AGRE EMENT is made and entered into this day of
,2019, by the Pompano each Community Redevelopment Agency
("CRA")and Professional Security Concepts, Inc.,a foreign corporation authorized to do business
in Florida("Contractor").
WHEREAS, CPA requires services which Contractor is capable of providing under the
terms and conditions described herein; and
WHEREAS, Contractor is able and prepared to provide such services to CRA under the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of those mutual promises and the terms and
conditions set forth hereafter,the parties agree as follows:
1. Contract Documents. This Agreement consists of the Scope of or (Exhibit"A"),
the Insurance Requirements (Exhi it"B"), RFP E-55-18 and the Contractor's Response (Exhibit
"C") all of which are attached and made a part of this Agreement. It is further agreed that no
modification, amendment or alteration in the to or conditions shall be effective unless
contained in a written document executed with the same formality and or equal dignity as this
Agreement. one of the provisions, terms and conditions contained in this Agreement may be
added to,modified,superseded or otherwise altered,except by written instrument executed by the
parties in accordance with Paragraph 24, Waiver and Modification. In the event of any conflict or
inconsistency between this Agreement and the provisions in the incorporated Exhibits, resolution
shall be attained by giving precedence in the following order:(i)this Agreement, (ii) Exhibit" ",
and(iii) Exhibit"C".
2. ur os . CRA contracts with Contractor to provide unarmed roving security guard
services upon the terms and conditions set forth herein.
3. Scope of Work. Contractor will provide the services to be rendered asst forth in
Exhibit "A" (the Work-) attached hereto and by reference incorporated herein and made a part
hereof.
4. Term oFContract. This Contract shall be fora initial term aft ree(3)years,unless
terminated earlier per Section I I below, and shall commence upon at of contract execution by
both parties.
5. Renew 1L. In the event CRA determines Contractor to be in full compliance with
this Agreement and Contractor's performance to be satisfactory, then CRA shall have the option
to renew this Agreement for two additional periods of one(1)year based on the same prices,terms
and conditions upon the written consent of both the CRA and the Contractor. Written notice of
Page 202 of 670
intent to renew will be given to the Contractor by the CRA ninety (90) days before the berbre
expiration date of contract. Renewal is subject to appropriation of funds by the CRA.
6. Maximum Obligation. CRA agrees to pay Contractor for providing the Work and
insurance required hereunder. of parties agree that unless otherwise directed by CRA in writing,
Contractor shall continue to provide the or forte term oft i reement.
7. Price Formula, Pay et and Invoices.
A. Price Formula.CPA agrees to pay Contractor for performance of the or
set forth inti Agreement as follows:
Payment for the work in year one shall not exceed three hundred thousand
doI lars (S300,000.00); however, in year two the hourly rates maybe adjusted
by the percentage in the Employment Cost Index("ECI")for private industry
workers,service occupations,wages and salaries(not seasonably adjusted)for
the South Atlantic region as published by the U.S.Department Labor's bureau
of Labor Statistics(BLS). The increase to go into effect will be the increase in
the ECI series for the prior hvelve-mouth period. The frequency of
adjustment is annually commencing on year two of the contract and includes
renewal periods.
B. Payment. All payments by CRA shall be made after the Work has been
verified and completed. Unless disputed by CRA as provided herein, upon CRA's receipt of a
Proper Invoice as defined in§218.72, Florida Statutes,as amended, CRA shall forward Contractor
payment for (i) construction servicesdefined as all labor, services, and materials provided in
connection with the construction, alteration, repair, demolition, reconstruction, or any other
improvement to real property that require a license under Parts I and H of Chapter 489, Florida
Statutes, within twenty-five (25) business days and (ii) forty rive (45) days for all goods and
services provided other than construction services.
CPA may temporarily remove for review any disputed amount, by line item, from
an invoice and shall timely provide Contractor written notification of any such disputed charge.
Contractor shall provide clarification and a satisfactory explanation to CRA, along with revised
copies of all such documents if inaccuracies or errors are discovered,within ten(1 0)days of receipt
of CRA's notice of the disputed amount
In the event CRA has a claim against Contractor for or performed hereunder
which has not been timely remedied in accordance with the provisions of this Article 7,CKA may
withhold payment for the contested amount, in whole or in part, to protect itself f'rom loss on
account of defective Work,claims filed or reasonable evidence indicating probable filing of claims
by other parties against Contractor, and/or Contractor's failure to make proper payments to
subcontractors or vendors for material or labor. When the reason(s)for withholding payment are
removed or resolved in a manner satisfactory to CRA, payment shall be made.
C. Invoices. Contractor all submit invoices to CRA on a monthly basis
which contain an itemized statement of personnel,services performed and hours worked.
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8. i t . Any factual disputes between CRA and the Contractor in regard tothis
Agreement shall be directed to the CRA Executive Director forte CRA,and such decision shall
be final.
9Contract Administrators.Notices and Demanda.
A. Contract Administrators. During the to of this Agreement, the ®s
Contract Administrators ll be Nguyen Tran and the Contractor's Contract Administrator shall
be Willie Perez(or their authorized written designee)as further identified below.
B. Notices and Demands. A notice, demand, or other communication
hereunder by either party tate other shall be effective if it is in writing and sent via email,
facsimile, registered or certified mail, postage prepaid tote representatives named below or is
addressed and delivered to such other authorized representative at thea ress as that party, from
time to time may designate in writing and forward tothe other as provided herein.
If to Contractor: Willie Perez, Regional Manager
700 South Rosemary Avenue, Suite 200
West Palm Beach, FL 33401
Office: (5 61) 209-6516
Email: wpercz@pscsite.com
ir to CRA: Nguyen Tran, Contract Administrator
100 W. Atlantic Boulevard, Suite 276
Pompano each, FL 33060
Office: (954) 545-7769
Email: nguyen.tran@copbfl.com
With a copy to: Antonio Pucci, Contract Manager
100 West Atlantic Blvd.
Pompano each, FL 33060
Phone: (954) 786-5574
Email:antonia.pucci@copbfl.com
10. Ownership of Documents and Information. All information, data, reports, plans,
procedures or other proprietary rights in all Work items, developed, prepared, assembled or
compiled by Contractor as required forte Work hereunder,whether complete or unfinished,shall
be owned by the CRA without restriction,reservation or limitation oft eir use and made available
at any time and at no cost to CRA upon reasonable written request for its use and/or distribution
as CRA deems appropriate provided CRA has compensated Contractor for said Work product.
CRA's reuse orContractor's or product all be at its sole discretion and risk if done without
Contractor's written permission. on completion of all Work contemplated hereunder or
termination oft is Agreement, copies of all of the above data shall be promptly delivered to the
CRA's Contract Administrator upon written request.The Contractor may not disclose, use,license or
sell any work developed, created, or otherwise originated hereunder to any third pa whatsoever. The
Service Contract Professional Security Consultants,Inc. Page 3 of I I
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rights and obligations created under this Article shall survive the termination or expiration of this
Agreement.
To the extent it exists and is necessary to perform the Work hereunder, CRA shall provide
any information, data and reports in its possession to Contractor free of charge.
11. Termirratiors. CRA or Contractor shall have the right to terminate this Agreement,
in whole or in part, for convenience, cause, default or negligence, upon thirty (30) days advance
written notice to other party.
If there is any material breach or default in Contractor's performance of any
covenant orobligation hereunder which has not been remedied within thirty (30) business days
after CRA's written Notice of Termination, CRA, in its sole discretion, may terminate this
Agreement immediately and Contractor shall not be entitled to receive further payment for services
rendered from teeffective dole of the Notice of Termination.
In the event of termination, CRA shall compensate Contractor for all authorized
Work satisfactorily performed through the termination date under the payment terms set forth in
Article 7 above and all Work product documents and materials shall be delivered to CRA within
ten (10) business days from the Notice of Termination. If any Work hereunder is in progress but
not completed as of the date orthe termination,[lien upon CRA's written approval.this Agreement
may be extended until said Work is completed and accepted by CPA.
12. Force Maieurc Neither party shall be obligated to perform any duty, requirement
oro ligation hereunder irsuch performance is prevented by Fire, hurricane,earthquake,explosion,
war, civil disorder, sabotage, accident, flood. acts of God or by any reason of any other matter or
condition beyond the control of either party which cannot be overcome by reasonable diligence
and without unusual expense ("Force Majeure"). In no event shall economic hardship or lack of
funds be considered an event or Force Majeure. If either party is unable to perron-n or delayed in
their performance of any obligations hereunder by reason of any event or Force Majeure, such
inability or delay shall be excused at any time during which compliance therewith is prevented by
such event and during such period thereafter as may be reasonably necessary for either party to
correct the adverse effect of such event of Force Majeure.
In order to be entitled tote benefit of this provision, within rive (5) days after the
beginning ofany such delay,a party claiming an event of Force Majeure shall have given the other
party written notice of the cause(s)thereof,requested an extension for the period and also diligently
proceeded to correct the adverse effect of any Force Majeure. The parties agree that, as to this
provision, time is of the essence.
13. Insurance. Contractor shall maintain insurance in accordance with Exhibit "B"
throughout the to oft i reement.
14. Indemnification. Except as expressly provided herein,no liability all attach to the
CRA or the City of Pompano each (City)by reason of entering into this Agreement.
Service Contract Professional Security Consultants,Inc. Page 4 of I I
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A. Contractor shall at al I times indemnify, hold harmless and defend the CRA,
the City and their officials, employees, volunteers and other authorized agents from and against
any and all claims. demands, it, damages, attorneys' fees, fines, losses, penalties, defense costs
or liabilities suffered by the CRA or die City caused by directly or indirectly from any negligent
act, breach, omission, negligence, recklessness or misconduct of Contractor andfor any of its
agents, officers, oremployees hereunder, including any inaccuracy in or breach of any efthe
representations, warranties or covenants made by the Contractor, its agents, officers and/or
employees, in the performance of services of this contract. Contractor agrees to investigate,
handle, respond to,provide defense for,and defend any such claims at its sole expense and to bear
all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or
fraudulent. To the extent considered necessary by CRA,any sums due Contractor hereunder may
be retained by CRA until all of CRA or City's claims for indemnification hereunder have been
settled or otherwise resolved,and any amount withheld all not be subject to payment orinterest
by CRA.
B. Contractor acknowledges and agrees that CRA would not enter into this
Agreement without this indemnification oft a CPA and the City by Contractor. The panics agree
that one percent (11-6) or the total compensation paid to Contractor hereunder shall constitute
specific consideration to Contractor for the indemnification provided under this Article and these
provisions shall survive expiration or early termination orthis Agreement.
15. Sover seign-IMMunity. Nothing in this Agreement shall be construed to affect in any
way the rights, privileges and immunities of the CKA and the it and their agencies, as set forth
in Article 768.28, Florida Statutes.
16, Non-Assin ability and Subcontractinq.
A. Non-Assignability. This Agreement is not assignable and Contractor agrees
itshall not assign or otherwise transfer any of its interests, rights oro i ations hereunder,
in whole or in part,to any other person or entity without CRA's prior written consent which
must be sought in writing not less than fifteen (15)days prior to the date of any proposed
assignment. Any attempt by Contractor to assign ort nsfer any of its rights or obligations
hereunder without first obtaining CRA's written approval shall not be binding on CRA
and, at CRA's sole discretion, may result in CRA's immediate termination of this
Agreement whereby CRA shall be released orany of its obligations hereunder. Inaddition,
this Agreement and the rights and obligations herein shall not be assignable art n fe le
by any process or proceeding in court, or by judgment, execution, proceedings in
insolvency, bankruptcy or receivership. In the event of Contractor's insolvency or
bankruptcy, CRA may, at its option, terminate and cancel this Agreement without any
notice of any kind whatsoever, in is event all rights of Contractor hereunder shall
immediately cease and terminate.
B. Subcontracting. Prior to subcontracting for Work to be performed
hereunder, Contractor shall be required to obtain the written approval of the CRA's
Contract Administrator. If the CRA's Contract Administrator, in histher sole discretion,
objects tot proposed subcontractor, Contractor shall be prohibited from allowing that
subcontractor to provide any Work hereunder.Although Contractor may subcontract Work
Service Contract Prolessional Security Consultants,Inc. page 5 of I I
Page 206 of 670
in accordance with this Article, Contractor remains responsible for any and all contractual
obligations hereunder and shall also be responsible toensure that no of its proposed
subcontractors are listed on the Convicted Vendors List referenced in accordance with the
provisions of Article 28 below.
17. Performance Under Law. The Contractor, in the perrormance of duties under the
Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances
including, but not limited to, standards of licensing, conduct of business and those relating to
criminal activity,
18. Audit and Inspection Records. The Contractor shall permit the authorized
representatives of the CR.A to inspect and audit all data and records of the Contractor, if any,
relating to performance under the contract until the expiration oft ree years after final payment
under this contract.
The Contractor further agrees to include in all his subcontracts hereunder a
provision to the effect that the subcontractor agrees that CRA or any of their duly authorized
representatives shall,until the expiration of three years after final payment under the subcontractor,
have access to and the right to examine any directly pertinent books, documents, papers and
records of such subcontractor, involving transactions related tote subcontractor.
19. Adherence to Law. Both parties shall adhere to all applicable laws governing their
relationship with their employees including, but not limited to, laws,rules,regulations and policies
concerning worker's compensation, unemployment compensation and minimum wage
requirements.
20. Independent Contractor. The Contractor shall be deemed an independent
Contractor for all purposes, and the employees of the Contractor or any of its contractors,
subcontractors and teemployees thereof, shall not in any manner be deemed to beemployees of
CRA. As such, the employees of the Contractor, its Contractors or subcontractors, shall not be
subject to any withholding for tax, social security or other purposes by CRA, nor shall such
Contractor,subcontractor ore to ee be entitled to sick leave,pension benefits,vacation,medical
benefits, life insurance, workers or unemployment compensation or the like from CKA.
21. Mutual coo ration. The Contractor recognizes that the performance of this
contract is essential tote provision of vital public services and the accomplishment oft a stated
goals and mission of CRA. fere ore, the Contractor shall be responsible to maintain a
cooperative and good faith attitude in all relations with CRA and shall actively foster a public
image of mutual benefit to both parties. The Contractor shal I not make any statements or take any
actions detrimental tothis effort.
22. Public Records.
A. The CRA of Pompano Beach is a public agency subject to Chapter 119,
Florida Statutes, The Contractor shall comply with Florida's Public Records Low, as amended.
Specifically, the Contractor shall:
Service Contract Proressional Security Consultants,Inc. Page 6 of I I
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I Keep and maintain public records required by the CRA in order to
perform the service.
2. Upon request from the CRA's custodian of public records, provide
the CRA with a copy of 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, Florida Statutes
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
forte duration of the contract to and following completion of the contract if the Contractor
does not transfer the records to the CRA.
4. on completion of the contract,transfer,at no cost tote CRA,all
public records in possession oft a Contractor,or keep and maintain public records required by the
CRA to perform the service. If the Contractor transfers all public records to the CRA upon
completion of the contract, the Contractor all destroy any duplicate public records that are
exempt or con fidential and exempt from public records disclosure requirements. Ifthe Contractor
keeps and maintains public records upon completion or the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the CRA, upon request from the CRA's custodian of public records in a format that is
compatible with the information technology systems of the CRA.
a. Failure of the Contractor to provide the above described public records to the
CRA within a reasonable time may subject Contractor to penalties under 1 M 10, Florida Statutes, as
amended.
PUBLIC RE,CORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
100 W. Atlantic Blvd., it 253
Pompano Beach, Florida 33060
(954) 786-4611
RecordsCusto4:ian��@co b�flxom�
23. Gove in acv. This Agreement has been and shall be construed as having been
made and delivered within the State of Florida, and it is agreed by each party hereto that this
Service Contmct Proressional Security Consultants,Inc. Page 7 of I I
Page 208 of 670
Agreement shall be governed by the laws of the State of Florida, of as to interpretation and
performance. Any action at law, or in equity, shall be instituted and maintained only in courts of
competent jurisdiction in Broward County, Florida.
24. YWaiv r an
id�od i fi c a�fi o n.
A No waiver made by either party with respect to performance, manner,time,
or any obligation of either party or any condition hereunder shall be considered a waiver of that
party's rights with respect tote particular obligation or condition beyond those expressly waived
in writing or a waiver of any other rights oft e party making the waiver or any other obligations
of the other party,
B. No Waiver by Delay. The CRA all have the right to institute such actions
or proceedings as it may deem desirable for effectuating the purposes of this Agreement provided
that any delay by CPA in asserting its rights hereunder shall not operate as a waiver of such rights
or limit them in any way. The intent oft is provision is that CRA shall not be constrained to
exercise such remedy at a time when it may still hope to otherwise resolve the problems created
by the default or risk nor shall any waiver made by CRA with respect to any specific default by
Contractor be considered a waiver of CRA's rights with respect to that default or any other default
by Contractor.
CEither party may request changes to modify certain provisions of this
Agreement; however, unless otherwise provided for herein, any such changes must be contained
in a written amendment executed by both parties with the same formality of this Agreement.
25. No Conti cent Fee. Contractor warrants that other than a bona fide employee
working solely for Contractor, Contractor has not employed or retained any person or entity, or
paid ora reed to pay any person or entity,any fee, commission, gift or any other consideration to
solicit or secure this Agreement or contingent on or resulting From the award or making of this
Agreement. In the event of Contractor's breach or violation oft is provision, CRA shall have the
right to terminate this Agreement without liability and, at CRA's sole discretion, to deduct from
the Price Formula set flarth in Article 7 or otherwise recover the full amount or such fee,
commission,gift or other consideration.
26. Attomevs' Fees and Costs. In the event of any litigation involving the provisions
of this Agreement, of parties agree that the prevailing party in such litigation shall be entitled to
recover from the non-prevailing party reasonable attorney and paraprofessional fees as well as all
out-or-pocket costs and expenses incurred thereby by the prevailing party in such litigation through
al I appellate levels.
27. No 11fir d Pa Beneficiaries. Contractor and CRA agree that this Agreement and
other agreements pertaining to Contractor's performance hereunder shall not create any obligation
on Contractor or CRA's part to third parties. No person nota party to this Agreement shall be a
third-party beneficiary or acquire any rights hereunder.
28. Public Enfity Crimes Act. As oft full execution of this Agreement, Contractor
certifies that in accordance with §287.133,Florida Statutes, it is not on the Convicted Mendors List
Service Contraci Professional Security Consultants,Inc. page a or I I
Page 209 of 670
maintained by the State of Florida, Department of General Services. If Contractor is subsequently
listed on the Convicted Mendors List during the to of this Agreement, Contractor agrees it shall
immediately provide CRA written notice of such designation in accordance with Article 9 above.
29e Entire Agreement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein, and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly,it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements,whether oral or written.
30. HLadings. The headings or titles to Articles of this Agreement are not part of the
Agreement and shall have no effect upon the construction or interpretation of any part of this
Agreement.
31. Counte[parts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. A photocopy, email or facsimile copy oft is Agreement and any signatory hereon
shall be considered for all purposes as original.
32. AVrovals. Whenever CRA approval(s) shall be required for any action under this
Agreement,said approval(s)shall not be unreasonably withheld.
33. Absence of Conflicts of Interest. of parties represent they presently have no
interest and all acquire no interest,either direct or indirect,which would conflict in any manner
with their performance under this Agreement and that no person having any conflicting interest
shall be employed or engaged by either party in their performance hereunder.
® inBdi
ne Effect. The benefits and obligations imposed pursuant to this Agreement
shall be binding and enforceable by and against the parties hereto.
35. Severability. Should any provision of this Agreement or the applications of such
provisions be rendered or declared invalid by a court action or by reason or any existing or
subsequently enacted legislation, the remaining parts of provisions oft is Agreement shall remain
in full farce and effect.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
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Page 210 of 670
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
Signed, Sealed and Witnessed POMPANO BEACH COMMUNITY
In the Presence of DEVELOPMENT AGENCY
By:
Rex HFdin, Chairman
Print Name:
By:
. Iarrison, Executive Director
Print Name
ATTEST:
E
By'
1
r Marsha Carmichael, Secretary
Print Name:
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of
20 by REX HARDIN as Chairman of the Pompano Beach
Community Redevelopment Agency, GREGORY P. HARRISON, Executive Director of the
Pompano Beach Community Redevelopment Agency, MARSHA CAICHAEL, Secretary of
the Pompano Beach Community Redevelopment Agency,who are ersonally known to me.
_....,.m_. ........
NOTARY'S SEAL. NOTA Y iBLIC, STATE OF FLORIDA
Yj K W8ERCY.,VAZQUEz L (Na&e of Acknowle ger Typed, Printed or
f
Notary Pubs c w State of PoK a Sta. }
!� Z.. Comm ssion=GG*,654`4
y Comm Exo res Feb 13,2022
Bonded through hat,on Notary Assn. __ ------------
w- ,w%p�mp w op]
Commission Number
Service Contract Professional Security Consultants,Inc. Page 10 of I I
Page 211 of 670
"CONTRACTOR"
Professional Security Consultants, Inc.
Witnesses:
By:—
Moshe lon, President
TeO-z2 /tlSd-f Or\
j r Type
(Prit or
(Print or Type Name)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
1 2019, by Moshe Alon as President of Professional Security
Consultants, Inc., a Foreign corporation authorized to do business in Florida on behalf of the
corporation. He is personally known to me or who has produced
(type?Qidentirication) as identification.
NOTARY'S SEAL: Y PUBLIC, STATE OF FLORIDA
CY (Name of Acknowledger Typed, Printed or Stamped)
Commission Number
Service contract 2/27/2018 ACP
Service Contract Professional Security Consultants,Inc. Page I I of I I
Page 212 of 670
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189
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
On �M L%J '2-12 before me, (A
Date Here Insert Name and Title of the Office�
personally appeared i;-7- ep- D1_
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persoW whose nomepy islar6�'_
Subscribed to the within Instrume t and acknowledged to me that Wsfre'Rhay executed the same In
hI,91Wr1Wlr authorized capacityAS)
�),and that by his/Wtheir slgnature(s)on the Instrument the personK,
or the entity upon behalf of which the personacted, executed the instrument,
I certify under PENALTY OF PERJURY Linder the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal,
ISR AN SYED
Notuy Public-cow"it
Los Anples County Signature
ZqCommission r 9103400 1
Mi Comm.Excires Ma 30.2020 tire dlotary Public
- - - - - - - - - - - - --
Place Notary Seal 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 Dj _rcl — 1 11
Title or Type k-A DALiment Date: 2-0 1 cl
of Document: `.�mmw�®
Than Name Above:
aa ""a
Xar(s�) aine
Number of Pages: k\ Signer(s) Other h e r�am�N
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer — Title(s): I !Corporate Officer— Title(s)-
I
Partner °-- L. Limited LJ General 1-i Partner — I J Limited J General
Individual f.!Attorney In Fact 1-Individual I- Attorney in Fact
Trustee I I Guardian or Conservator I' I Trustee I Guardian or Conservator
Other; 0 Other:
Signer Is Rep esenting:4 16%i Signer Is Representing:
02014 National Notary Association -vAv%q.NatlonaINotary.org - 1-1100-US NOTARY(1-800-876-6827) llern#6907
Page 213 of 670
Exhibit A
Scope of Services
All personnel provided under the agreement will be responsible to render security services in a diligent,
careful,thorough, and professional manner consistent with providing excellent service. Security officers
assigned will report for duty on time, ready to work, in proper uniform,with necessary equipment.
Security guards shall be of the highest moral character.The unarmed, roving security guard(s) will be
required to,at a minimum:
a. To act as"Ambassadors"for the districts.
b. Patrol and complete routine inspection(s)of all vacant lots,occupied and vacant buildings,
public alleyways,streets and sidewalks on a continual basis. inspection of buildings shall include interior
(when occupied)and surrounding exterior.
C. Possess a means of transportation (bicycle/vehicle)to ensure the guard's ability to patrol all
areas on a continual basis,as well as to respond to incidents in a timely manner.
d. Possess and wear body cameras.
e. Possess a communication device(s)to enable contact with CRA personnel, police, fire or
emergency vehicles, as necessary.Verbal communications, in person, by radio or by phone, must be in
clear,concise, understandable English.
f. Remain alert,observe, record and report any unusual or suspicious behavior.
g. Detect and prevent theft and vandalism.
h. React and take appropriate measures in the event of fire,theft,vandalism, illegal dumping or
any other unusual situation. Contact the appropriate authorities,as required.
i. Secure property on an as needed or requested basis.
j. Report any abandoned, unserviceable or illegally parked vehicles.
k. Maintain accurate records,daily logs, reports and records of vagrancy or loitering violations at a
location(s)to be determined by the CRA staff.
I. Prepare and submit incident report(s)to the CRA supervisor on duty. Incident report must
include an explanation describing the nature of the incident.
M. Escort area patrons, business owners or employees to their car, upon request.
n. Maintain sign-in sheets and/or time cards for each shift as required.
o. Report for duty at the designated starting time,and remain until relieved by the relief guard or
at the designated end of the shift if no relief guard is assigned.
P. Ensure all articles found or turned in are submitted to the appropriate CRA staff.
Page 214 of 670
Cl- Be sufficiently familiar with the properties in the Northwest District surrounding the Dr. Martin
Luther King Jr. Blvd.corridor and Old Pompano, businesses, buildings and events so as to be able to give
accurate directions and information to residents and visitors.
r. Be sufficiently familiar with the properties in the East District on East Atlantic Boulevard,
Pompano Beach Boulevard,SR AlA and SE 20th Street to be able to give accurate directions and
information to residents, merchants and visitors.
S. Perform other duties as assigned by designated CRA staff.
Page 215 of 670
EXHIBIT B
INSURANCE
The insurance described herein reflects the insurance requirements deemed necessary for this
project by the CRA. It is not necessary to have this level of insurance in effect at the time of
submittal, but certificates indicating that the insurance is currently carried or a letter from the
Carrier indicating upgrade ability will speed the review process to determine the most qualified
Proposer.
The successful Proposer shall not commence operations, construction and/or installation of
improvements until certification or proof of insurance, detailing terms and provisions of coverage,
has been received and approved by the City of Pompano Beach Risk Manager.
The following insurance coverage shall be required.
1. Worker's Compensation Insurance covering all employees and providing benefits
as required by Florida Statute, Chapter 440, regardless of the size of the company
(number of employees). The Contractor further agrees to be responsible for
employment, control and conduct of its employees and for any injury sustained by
such employees in the course of their employment.
2. Liability Insurance
a) Naming the Pompano Beach CRA and City of Pompano Beach as
additional insured, on General Liability Insurance only, in connection with
work being done under this contract.
b) Such Liability insurance shall include the following checked types of
insurance and indicated minimum policy limits.
3. Real & Personal Property Insurance
The Contractor is responsible for any loss or damage to tools, equipment and
supplies at the job site and is also responsible for any loss or damage to buildings
being constructed until that building is completed and a certificate of occupancy is
issued.
LIMITS OF LIABILITY
Each
Type of Insurance occurrence Aggregate
GENERAL LIABILITY
comprehensive form
premises-operations bodily injury $1,000,000. $1,000,000.
explosion &collapse
hazard property damage $1,000,000. $1,000,000.
underground hazard
products/completed
operations hazard bodily injury and
contractual insurance property damage
broad form property combined $1,000,000. $1,000,000.
damage
Page 216 of 670
independent contractors
personal injury personal injury $1,000,000. $1,000,000.
AUTOMOBILE LIABILITY bodily injury
(each person) $1,000,000.
bodily injury
comprehensive form each accident) 1 000 000. $1,000,000.
owned property damage $1,000,000. $1,000,000.
hired bodily injury and
non-owned property damage
combined $1,000,000. $1,000,000.
REAL & PERSONAL PROPERTY
comprehensive form Organization must show proof
they have this coverage.
EXCESS LIABILITY
bodily injury and
umbrella form property damage
other than umbrella combined $2,000,000. $2,000,000.
PROFESSIONAL LIABILITY $1,000,000 $1,000,000
The certification or proof of insurance must contain a provision for notification to the CRA ten (10)
days in advance of any material change in coverage or cancellation.
The successful Proposer shall furnish to the CRA the certification or proof of insurance required
by the provisions set forth above, within ten (10) days after notification of award of contract.
Page 217 of 670
EXHIBIT C
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Florida 's Warmest Welcome
CITY OF POMPANO BEACH
COMMUNITY REDEVELOPMENT AGENCY
REQUEST FOR PROPOSALS
P-15-19
UNARMED ROVING SECURITY GUARD SERVICES
RFP OPENING: February 28, 2019 2:00 P.M.
PURCHASING OFFICE
1190 N.E. 3RD AVENUE, BUILDING C (Front)
POMPANO BEACH, FLORIDA 33060
Page 218 of 670
January 31, 2019
CITY OF POMPANO BEACH, FLORIDA
COMMUNITY REDEVELOPEMENT AGENCY
REQUEST FOR PROPOSALS
P-15-19
The City of Pompano Beach Community Redevelopment Agency (CRA) is seeking proposals
from qualified firms to provide Unarmed Security Guard services to the CRA for Northwest and
East CRA Districts.
The City will receive sealed proposals until 2:00 p.m. (local), February 28, 2019. Proposals must be
submitted electronically through the eBid System on or before the due dateltime stated above. Any
proposal received after the due date and time specified,will not be considered.Any uncertainty regarding
the time a proposal is received will be resolved against the Proposer.
Proposer must be registered on the City's eBid System in order to view the solicitation documents and
respond to this solicitation.The complete solicitation document can be downloaded for free from the eBid
System as a pdf at: https-.1/pompanobeachfi.ionwave.net/CurrentSourcingEvents.aspx. The City is not
responsible for the accuracy or completeness of any documentation the Proposer receives from any
source other than from the eBid System. Proposer is solely responsible for downloading all required
documents. A list of proposers will be read aloud in a public forum.
Introduction
The Community Redevelopment Agency (herein after "CRA") of the City of Pompano Beach
(herein after"City") is soliciting proposals from responsible and experienced security companies
(herein after "Contractor") to establish firm pricing for unarmed, roving security guard services.
A Contractor will be selected based upon previous experience in working in an urban setting and
experience in handling resident concerns within transitional neighborhoods.
It will be up to the Security Consultants/Security Companies to estimate the required amount of
manpower and man hours to achieve the desired results in the Northwest and East districts.
The cost with hours must be separated by Northwest District and East District and within the
CRA's allotted budgets for each district. Nuisance activities typically occur from dusk to 6:00 am,
Monday through Friday with a greater emphasis closer to the weekend.
Services will be required in both of the CRA (Northwest/East) districts outlined as follows:
1. Northwest District - Dr. Martin Luther King Jr. Boulevard 1 Old Pompano Boundary Map (Map
#1)
Services will be required along the Dr. Martin Luther King Jr. corridor crossing Dixie Highway/FEC RR
and within an area known as Old Pompano. The western boundary is at the intersection of 1-95
overpass/MLK Blvd. and the eastern boundary is the intersection of NE 1st Avenue/Atlantic Blvd. Please
refer to the attached aerial boundary map below as a reference. The CRA reserves the right to add,
delete and/or change locations and hours of service throughout the term of the agreement, at the
established firm pricing, by advanced written notice to the Contractor as depicted in the map.
RFP P-15-19
Page 219 of 670
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2. East District- East Atlantic Boulevard/McNab Park/SR Al (Map#2)
Services will be required along East Atlantic Boulevard from SE 20'" Avenue to Pompano Beach
Boulevard with emphasis on McNab Park, SE 20"Avenue from SE 2n" Street to NE 2nd Street, Pompano
Beach Boulevard to NE 3rd Streets, SR A1A to East Atlantic Boulevard. The CRA reserves the right to
add, delete and/or change locations and hours of service throughout the term of the agreement, at the
established firm pricing, by advanced written notice to the Contractor as depicted in the map.
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A. Scope Of Services
All personnel provided under the agreement will be responsible to render security services in a
diligent, careful, thorough, and professional manner consistent with providing excellent service.
RFP P-15-19
Page 220 of 670
Security officers assigned will report for duty on time, ready to work, in proper uniform, with
necessary equipment. Security guards shall be of the highest moral character.
B. Tasks/Deliverables
The unarmed, roving security guard(s) will be required to, at a minimum:
a. To act as "Ambassadors"for the districts.
b. Patrol and complete routine inspection(s) of all vacant lots, occupied and vacant buildings,
public alleyways, streets and sidewalks on a continual basis. Inspection of buildings shall
include interior(when occupied) and surrounding exterior.
C. Possess a means of transportation (bicycle/vehicle) to ensure the guard's ability to patrol all
areas on a continual basis, as well as to respond to incidents in a timely manner.
d. Possess and wear body cameras.
e. Possess a communication device(s) to enable contact with CRA personnel, police, fire or
emergency vehicles, as necessary. Verbal communications, in person, by radio or by phone„
must be in clear, concise, understandable English.
f. Remain alert, observe, record and report any unusual or suspicious behavior.
g. Detect and prevent theft and vandalism.
h. React and take appropriate measures in the event of fire, theft, vandalism, illegal dumping or
any other unusual situation. Contact the appropriate authorities, as required.
i. Secure property on an as needed or requested basis.
j. Report any abandoned, unserviceable or illegally parked vehicle
k. Maintain accurate records, daily logs, reports and records of vagrancy or loitering violations
at a location(s) to be determined by the CRA staff.
I. Prepare and submit incident report(s) to the CRA supervisor on duty. Incident report must
include an explanation describing the nature of the incident
M. Escort area patrons, business owners or employees to their car, upon request.
n. Maintain sign-in sheets and/or time cards for each shift as required.
o. Report for duty at the designated starting time, and remain until relieved by the relief guard or
at the designated end of the shift if no relief guard is assigned.
P. Ensure all articles found or turned in are submitted to the appropriate CRA staff.
RFP P-15-19
Page 221 of 670
q. Be sufficiently familiar with the properties in the Northwest District surrounding the Dr. Martin
Luther King Jr. Blvd. corridor and Old Pompano, businesses, buildings and events to be able
to give accurate directions and information to residents and visitors.
r. Be sufficiently familiar with the properties in the East District on East Atlantic Boulevard,
Pompano Beach Boulevard, SR A1A and SE 201h Street to be able to give accurate directions
and information to residents, merchants and visitors.
S. Perform other duties as assigned by designated CRA staff.
Security guards are prohibited from sleeping or napping on duty. Security Guards observed
sleeping or napping on duty will be terminated immediately and must leave in a quiet, orderly
fashion. The CRA will notify the Contractor and Contractor will be responsible for providing
immediate replacement of the security guard. The terminated security guard will no longer be
assigned to the CRA.
Security guards are prohibited from having unauthorized visitors. Unauthorized visitor(s) will be
asked to leave immediately in a quiet, orderly fashion. Repeated visits by unauthorized visitor(s)
will result in termination of the security guard. Security guards shall not solicit or accept gratuities
for any reason whatsoever from employees, tenants, citizens or other persons using the
premises. Security guards shall not carry a firearm of any type, whether it is concealed, exposed
or encased. Doing so is grounds for termination.
C. Experience
All security contracting companies should be familiar and have experience with:
a. Coordinating with local law enforcement (Broward County Sheriffs Office)
b. Patrolling retail districts and interaction with multiple business owners
c. Patrolling blighted areas and ability to report or document nuisance issues
d. Transitional neighborhoods
e. Working in Urban/Public areas
f. Interaction with residents
All security guards must meet the following minimum requirements:
a. Age — must be a minimum of nineteen years old.
B .Mental and Physical Health — must be in good mental and physical state of health,
consistent with the ability to perform required safety and security tasks. Guards must be
alert at all times while on duty.
c. Communication Skills — must possess good verbal communication and diplomacy
skills. Guards must be able to clearly communicate in English without having to
unnecessarily repeat orders or instructions; communicate in writing clearly and concisely
on all reports and forms.
d. Behavior and Appearance — must maintain a high standard of civility, behavior and
appearance. When in contact with the public, security guards will reflect appropriate
courtesies and forms of addresses. Security guards must at all times be neat, clean and
have a professional appearance.
e. Education — must have a high school diploma, or equivalent.
f. Licenses— must possess a Class "D" license issued by the State of Florida.
RFP P-15-19
Page 222 of 670
g. Crowd Control — must be trained to manage crowds attending or dispersing from
community events.
h. Site Training - All guards assigned must have a minimum of eight (8) hours of site
specific training. All guards must be thoroughly trained and familiar with all equipment
and requirements at each post assigned to, and sign an acknowledgement form
indicating the understanding of this training.
No guard is to be assigned to any post without site-specific training by a qualified
representative of the contractor who is familiar with the required duties of the site. Within
one (1) week of assignment of new personnel, the Field Supervisor shall meet with the
guard to ensure that shelhe is thoroughly familiar with the Post Orders and required
duties.
D. Qualifications
This Proposal will be awarded only to responsible Contractor qualified by experience,
training and performance history. The Contractor must be in business performing
security guard services of a similar nature as mentioned in Section 4.0 above for a period
of three (3) years prior to the due date of this Request For Proposal.The Contractor must
list five (5) clients which must include a brief description of similar work satisfactorily
completed within the last three (3) years with location, dates of contracts, names and
addresses of owners. The CRA may contact these clients for verification. The CRA
reserves the sole right to determine contractor's performance history as satisfactory
based on known past performance with the CRA and/or based on references provided.
The successful Contractor must provide a Field Supervisor who is to become familiar
with the duties of the site where service is provided. The Field Supervisor shall make
visits to the site, including each shift at least once per month where applicable, to ensure
that the guards are trained and their performance is consistent with the requirements of
this contract.
Prior to commencement of services under the agreement, the Contractor shall have a
Field Supervisor meet with CRA staff to determine Post Orders for the location. The site-
specific Post Orders may be amended by the CRA at any time. If amending Post Orders,
designated CRA staff will notify the Field Supervisor in advance and provide written
notice of such changes. Contractor shall provide and maintain throughout the term of the
contract, a 24-hour Emergency contact person.
Contractor shall provide the contact person name, address, phone number(s)and email address.
Contractor shall be responsible for immediately advising CRA staff in writing any changes to the
24-hour emergency contact person or information. It is the responsibility of the Contractor to
ensure that all security guards assigned to the CRA under the Contract meet all requirements
set forth by the State of Florida.
E. Additional Requirements
Contractor is required to furnish all security guards assigned to the CRA the following:
1. Uniforms — Contractor must provide all guards with uniforms which will:
RFP P-15-19
Page 223 of 670
a. Identify the employing security service
b. Bear the word "Security" or"Ambassador" or similar, in a visibly evident location
C. Conform to the requirements of applicable licensing authority
d. Be readily distinguishable from the uniforms of public police
2. Equipment— all necessary equipment and communication devices.
3. Transportation — all necessary transportation vehicles and equipment required to fulfill
security needs of the areas.
4. Photo Identification Card --photo identification containing at a minimum the company
name, employee name and photo, which must at all times be worn by security guards in
a visibly evident location. Photo identification must be worn by security guards in a visibly
evident location at all times.
For each security guard to be assigned to the CRA under the agreement, Contractor will provide
the following information. The qualifications and experience of the security guards assigned to
the CRA under the agreement must be reviewed and approved in advance by designated CRA
staff.
1. Resume —Qualifications and experience which must include employee name, number of
years employed by Contractor, work history, number of years experience as a security
guard, training, certifications and licenses.
2. Licenses — Copy of all certifications and licenses; at a minimum, a copy of the Class "D"
license issued by the State of Florida. It is the responsibility of the Contractor to maintain
and submit current copies of licenses to the CRA throughout the term of the agreement.
3. Background Information — Proof of criminal record check through Broward County
Sheriff's Department. Security guards having any record of misdemeanor or felony
convictions will not be accepted.The CRA reserves the right to review such investigations
and require Contractor to either remove, or prevent an employee from working in a
CRA/City facility as a result of the unsatisfactory investigation.
4. Drug Testing — Documentation of pre-employment and random drug testing. Use of, or
addiction, to drugs or alcohol will be cause for rejection.
5. Citizenship/Employment Authorization — Proof of US citizenship or permanent residency
documentation from the United States Immigration Authority showing that they have entry
permits, work permits, and are legal aliens.
Contractor shall make written request in advance to the CRA for any staffing changes under the
agreement. All staffing changes are subject to the review and approval of the CRA.
Any security guard deemed unfit to perform the scope of services shall be promptly removed
from the area and must be replaced in a timely manner. The Contractor will be responsible
for training replacement guards. No guard is to be assigned to any post without site-specific
training by a qualified representative of the Contractor who is familiar with the required duties of
the site. Within one (1) week of assignment of new personnel, the Field Supervisor shall meet
with the guard to ensure that s/he is thoroughly familiar with Post Orders and required duties.
Persons employed by the Contractor in the performance of services pursuant to this Proposal
shall not be considered employees of the City or the CRA. They shall be independent thereof
and shall have no claims against the City or the CRA as to worker's compensation,
RFP P-15-19
Page 224 of 670
unemployment compensation, insurance salary, wages or other employee rights or privileges
granted by operation of law or by the CRA or the City.
All invoices must include at a minimum, the name, dates and times that were worked by the
individual security guards. Additional hours billed under the contract shall be billed at the hourly
rate stated on the bid proposal.
F. Term of Contract
The contract resulting from this RFP shall commence upon the date of contract execution by
both parties and shall be for an initial three (3)year term with two (2) one (1)year option renewal
terms not to exceed five (5) years total based on the same prices, terms and conditions, by
mutual agreement of the Contractor and the CRA.
Any renewal will be subject to appropriation of funds by the CRA. Notice of intent to renew will
be given to the contractor in writing by the CRA, normally 90 days before the expiration date of
the current contract.
In the event the CRA does not opt to renew the contract as stated above; or the CRA and
contractor are unable to reconfirm or renegotiate hourly wage rates for another year, the CRA
shall have the option of extending this contract at the current rates, one month at a time, not to
exceed six months total.
The hourly wage will remain fixed for the initial twelve month period. Beginning in year two, as
of the date of contract execution, the basic hourly wage rate can be adjusted by the percentage
change in the Employment Cost Index for private industry workers, service occupations,wages
and salaries (not seasonally adjusted), for the South Atlantic region as published by the U.S.
Department of Labor's Bureau of Labor Statistics (BLS). The increase to go into effect will be
the increase in the ECI series for the prior twelve month period. The frequency of adjustment
is annually, commencing in year two of the contract, and includes renewal periods. It is the sole
responsibility of the Contractor to request in writing wage adjustments under the contract.
Requests must be received by the CRA a minimum of ninety (90) days in advance of the date
of effective change.
G. Local Business Program
On March 13, 2018, the City Commission approved Ordinance 2018-112, establishing a Local
Business Program, a policy to increase the participation of City of Pompano Beach businesses in
the City's procurement process.
For purposes of this solicitation, "Local Business"will be defined as follows:
1. TIER 1 LOCAL VENDOR.POMPANO BEACH BUSINESS EMPLOYING POMPANO BEACH
RESIDENTS. A business entity which has maintained a permanent place of business within
the city limits and maintains a staffing level, within this local office, of at least ten percent who
are residents of the City of Pompano Beach or includes subcontracting commitments to Local
Vendors Subcontractors for at least ten percent of the contract value. The permanent place
of business may not be a post office box. The business must be located in a non-residential
RFP P-15-19
Page 225 of 670
zone, and must actually distribute goods or services from that location. The business must be
staffed with full-time employees within the limits of the city. In addition, the business must
have a current business tax receipt from the City of Pompano Beach for a minimum of one
year prior to the date of issuance of a bid or proposal solicitation.
2. TIER 2 LOCAL VENDOR. BROWARD COUNTY BUSINESS EMPLOYING POMPANO
BEACH RESIDENTS OR UTILIZING LOCAL VENDOR SUBCONTRACTORS. A business
entity which has maintained a permanent place of business within Broward County and
maintains a staffing level, within this local office, of at least 15%who are residents of the City
of Pompano Beach or includes subcontracting commitments to Local Vendors Subcontractors
for at least 20% of the contract value. The permanent place of business may not be a post
office box. The business must be located in a non- residential zone, and must actually
distribute goods or services from that location. The business must be staffed with full-time
employees within the limits of the city. In addition, the business must have a current business
tax receipt from the respective Broward County municipality for a minimum of one year prior
to the date of issuance of a bid or proposal solicitation.
3. LOCAL VENDOR SUBCONTRACTOR. POMPANO BEACH BUSINESS. A business entity
which has maintained a permanent place of business within the city limits of the City of
Pompano Beach. The permanent place of business may not be a post office box. The
business must be located in a non-residential zone, and must actually distribute goods or
services from that location. The business must be staffed with full-time employees within the
limits of the city. In addition, the business must have a current business tax receipt from the
City of Pompano Beach for a minimum of one year prior to the date of issuance of a bid or
proposal solicitation.
You can view the list of City businesses that have a current Business Tax Receipt on the City's
website, and locate local firms that are available to perform the work required by the bid
specifications. The business information, sorted by business use classification, is posted on the
webpage for the Business Tax Receipt Division: www.pompanQbeachfl.gov by selecting the
Pompano Beach Business Directory in the Shop Pompano! section.
The City of Pompano Beach is strongly committed to insuring the participation of City of
Pompano Beach Businesses as contractors and subcontractors for the procurement of goods
and services, including labor, materials and equipment. Proposers are required to participate in
the City of Pompano Beach's Local Business Program by including, as part of their package, the
Local Business Participation Form (Exhibit A) listing the local businesses that will be used on
the contract, and the Letter of Intent Form (Exhibit B) from each local business that will
participate in the contract.
The required goal for this RFP is 10% for Local Vendor.
If a Prime ContractorNendor is not able to achieve the level of goal attainment of the contract,
the Prime Vendor will be requested to demonstrate and document that good faith efforts were
made to achieve the goal by providing the Local Business Unavailability Form (Exhibit C), listing
firms that were contacted but not available, and the Good Faith Effort Report(Exhibit D),
describing the efforts made to include local business participation in the contract. This
documentation shall be provided to the City Commission for acceptance.
RFP P-15-19
Page 226 of 670
The awarded proposer will be required to submit "Local Business Subcontractor Utilization
Reports" during projects and after projects have been completed. The reports will be submitted
to the assigned City project manager of the project. The Local Business Subcontractor
Utilization Report template and instructions have been included in the bid document.
Failure to meet Local Vendor Goal commitments will result in "unsatisfactory" compliance rating.
Unsatisfactory ratings may impact award of future projects if a sanction is imposed by the City
Commission.
The city shall award a Local Vendor preference based upon vendors, contractors, or subcontractors
who are local with a preferences follows:
1. For evaluation purposes, the Tier 1 and Tier 2 businesses shall be a criterion for award in this
Request for Proposal (RFP). No business may qualify for more than one tier level.
2 For evaluation purposes, local vendors shall receive the following preferences:
a. Tier 1 business as defined by this subsection shall be granted a preference in the amount of
five percent of total score.
b. Tier 2 business as defined by this subsection shall be granted a preference in the amount of
two and one-half percent of total score.
3. It is the responsibility of the awarded vendor/contractor to comply with all Tier 182
guidelines. The awarded vendor/contractor must ensure that all requirements are met before
execution of a contract.
H. Required Proposal Submittal
Submission/Format Requirements
Sealed proposals shall be submitted electronically through the eBid System on or before the due
date/time stated above. Proposer shall upload response as one (1) file to the eBid System. The
file size for uploads is limited to 100 MB. If the file size exceeds 100 MB the response must be
split and uploaded as two (2) separate files.
Information to be included in the proposal: In order to maintain comparability and expedite
the review process, it is required that proposals be organized in the manner specified below, with
the sections clearly labeled:
Title page:
Show the project name and number, the name of the Proposer's firm, address,telephone number,
name of contact person and the date.
Table of Contents:
Include a clear identification of the material by section and by page.
Letter of Transmittal:
Briefly state the Proposer's understanding of the project and express a positive commitment to
provide the services described herein. State the name(s) of the person(s)who will be authorized
RFP P-15-19
Page 227 of 670
to make representations for the Proposer,their title(s), office and E-mail addresses and telephone
numbers. Please limit this section to two pages.
Fees & Costs:
Include a concise narrative with sufficient detail indicating the proposed approach to providing the
required services, including a description of the types and qualities of service that would be
provided. Provide a cost for each of the major services provided along with the estimated number
of expected work hours for each qualified staff.
Proposer shall itemize all costs to complete all and necessary tasks as described under Scope of
Services. Costs associated with travel as well as miscellaneous expenses should be adequately
described.
Schedule:
Proposer shall provide a timeline that highlights proposed tasks that will meet all applicable
deadlines.
References:
Submit a client reference list, including name of contact,firm and/or governmental entity, address~
telephone number and type of service provided to each reference.
Local Businesses:
Completed Local Business program forms, Exhibits A-D.
Litigation:
Disclose any litigation within the past five (5) years arising out your firm's performance.
City Forms:
The RFP Proposer Information Page Form and any other required forms must be completed and
submitted electronically through the City's eBid System.
The City reserves the right to request additional information to ensure the proposer is financially
solvent and has sufficient financial resources to perform the contract and shall provide proof
thereof of its financial solvency. The City may as at its sole discretion ask for additional proof of
financial solvency, including additional documents post proposal opening, and prior to evaluation
that demonstrates the Proposer's ability to perform the resulting contract and provide the required
materials and/or services.
Reviewed and Audited Financial Statements:
Must be marked "CONFIDENTIAL_" and uploaded separately from proposal.
Proposers shall be financially solvent and appropriately capitalized to be able to service the City
for the duration of the contract. Proposers shall provide a complete financial statement of the
firm's most recent audited financial statements, indicating organization's financial condition and
uploaded as a separate file titled "Financial Statements"to the Response Attachments tab in the
eBid System.
Financial statements provided shall not be older than twelve 12) months prior to the date of filing
this solicitation response. The financial statements are to be reviewed and submitted with any
accompanying notes and supplemental information.The City of Pompano Beach reserve the right
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to reject financial statements in which the financial condition shown is of a date twelve(12)months
or more prior to the date of submittals.
The City is a public agency subject to Chapter 119, Florida's Public Records Law and is required
to provide the public with access to public records, however,financial statements that are required
as submittals to prequalify for a solicitation will be exempt from public disclosure.
The City reserves the right to request additional information to ensure the proposer is financially
solvent and has sufficient financial resources to perform the contract and shall provide proof
thereof of its financial solvency. The City may as at its sole discretion ask for additional proof of
financial solvency, including additional documents post proposal opening, and prior to evaluation
that demonstrates the Proposer's ability to perform the resulting contract and provide the required
materials and/or services.
A combination of two (2) or more of the following may substitute for audited financial statements:
1) Bank letters/statements for the past 3 months
2) Balance sheet, profit and loss statement, cash flow report
3) IRS returns for the last 2 years
4) Letter from CPA showing profits and loss statements (certified)
I. Insurance
CONTRACTOR shall not commence services under the terms of this Agreement until certification
or proof of insurance detailing terms and provisions has been received and approved in writing
by the CITY's Risk Manager. If you are responding to a bid and have questions regarding the
insurance requirements hereunder, please contact the CITY's Purchasing Department at (954)
786-4098. If the contract has already been awarded, please direct any queries and proof of the
requisite insurance coverage to CITY staff responsible for oversight of the subject
project/contract.
CONTRACTOR is responsible to deliver to the CITY for timely review and written
approval/disapproval Certificates of Insurance which evidence that all insurance required
hereunder is in full force and effect and which name on a primary basis,the CITY as an additional
insured on all such coverage.
Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right
to review, modify, reject or accept any insurance policies required by this Agreement, including
limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and
reject any insurer providing coverage because of poor financial condition or failure to operate
legally.
Failure to maintain the required insurance shall be considered an event of default. The
requirements herein, as well as CITY's review or acceptance of insurance maintained by
CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and
obligations assumed by CONTRACTOR under this Agreement.
Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other agents
hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance
coverages and limits described herein, including endorsements.
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A. Worker's Compensation Insurance covering all employees and providing benefits as
required by Florida Statute, Chapter 440. CONTRACTOR further agrees to be responsible for
employment, control and conduct of its employees and for any injury sustained by such employees in the
course of their employment.
B. Liability Insurance.
(1) Naming the City of Pompano Beach as an additional insured as CITY's interests
may appear, on General Liability Insurance only, relative to claims which arise from CONTRACTOR's
negligent acts or omissions in connection with Contractor's performance under this Agreement.
(2) Such Liability insurance shall include the following checked types of insurance and
indicated minimum policy limits.
Type of Insurance Limits of Liability
GENERAL LIABILITY: Minimum $1,000,000 Per Occurrence and
$2,000,000 Per Aggregate
* Policy to be written on a claims incurred basis
XX comprehensive form bodily injury and property damage
XX premises-operations bodily injury and property damage
explosion & collapse
hazard
_ underground hazard
XX productslcompleted bodily injury and property damage combined
operations hazard
XX contractual insurance bodily injury and property damage combined
XX broad form property damage bodily injury and property damage combined
XX independent contractors personal injury
XX personal injury
sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate
liquor legal liability Minimum $1,000,000 Per Occurrence and Aggregate
AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and Aggregate. Bodily
injury (each person) bodily injury (each accident),
Property damage, bodily injury and property damage
combined.
XX comprehensive form
XX owned
XX hired
XX non-owned
REAL & PERSONAL PROPERTY
comprehensive form Agent must show proof they have this coverage.
EXCESS LIABILITY Per Occurrence Aggregate
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other than umbrella bodily injury and $1,000,000 $1,000,000
property damage
combined
PROFESSIONAL LIABILITY Per Occurrence Aggregate
XX * Policy to be written on a claims made basis $1,000,000 $1,000,000
(3) If Professional Liability insurance is required, Contractor agrees the
indemnification and hold harmless provisions set forth in the Agreement shall survive the termination or
expiration of the Agreement for a period of four (4) years unless terminated sooner by the applicable
statute of limitations.
CYBER LIABILITY Per Occurrence Aggregate
* Policy to be written on a claims made basis $1,000,000 $1,000,000
Network Security 1 Privacy Liability
Breach Response/Notification Sublimit (minimum limit of 50% of policy aggregate)
Technology Products E&O- $1,000,000 (only applicable for vendors supplying technology related
services and or products)
Coverage shall be maintained in effect during the period of the Agreement and for not less than
four(4) years after termination/completion of the Agreement.
C. Employer's Liability. If required by law, CONTRACTOR and all subcontractors shall, for
the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the
minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred
Thousand Dollars ($500,000) per aggregate.
D. Policies: Whenever, under the provisions of this Agreement, insurance is required of the
CONTRACTOR, the CONTRACTOR shall promptly provide the following:
(1) Certificates of Insurance evidencing the required coverage;
(2) Names and addresses of companies providing coverage;
(3) Effective and expiration dates of policies; and
(4) A provision in all policies affording CITY thirty (30) days written notice by a carrier
of any cancellation or material change in any policy.
E. Insurance Cancellation or Modification. Should any of the required insurance policies be
canceled before the expiration date, or modified or substantially modified, the issuing company shall
provide thirty (30) days written notice to the CITY.
F. Waiver of Subrogation. CONTRACTOR hereby waives any and all right of subrogation
against the CITY, its officers, employees and agents for each required policy. When required by the
insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive
subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy
RFP P-15-19
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be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This
Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy
not specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into
such an agreement on a pre-loss basis.
J. Selection/Evaluation Process
A Selection/Evaluation Committee will be appointed to select the most qualified firm(s). The
Selection/Evaluation Committee will present their findings to the City Commission.
Proposals will be evaluated using the following criteria.
Criteria Point Rance
1 Experience and Expertise 0-25
• Previous related work experience and qualifications in the subject
area of personnel assigned.
• Demonstrates a clear understanding of scope of work and other
technical or legal issues related to the project.
2 References 0-20
• History and performance of firm/project team on similar projects.
• References and recommendations from previous clients.
3 Resources and Methodology 0-25
• Adequacy of amount of quality resources assigned to the project.
• Overall approach to project. Consideration of services provided
and approach to meeting goals and deadlines.
• Financial resources.
4 Cost 0-30
Including the overall project-task budget and itemized cost
breakdowns.
Total 0-100
Additional 0-5% for Tierl/Tier2 Local Business will be calculated on combined scoring totals of
each company.
NOTE:
Financial statements that are required as submittals to prequalify for a solicitation will be exempt
from public disclosure; however,financial statements submitted to prequalify for a solicitation, and
are not required by the City, may be subject to public disclosure.
Value of Work Previously Awarded to Firm ie-breaker - In the event of a tie, the firm with the
lowest value of work as a prime contractor on City of Pompano Beach projects within the last five
years will receive the higher ranking, the firm with the next lowest value of work shall receive the
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next highest ranking, and so on. The analysis of past work will be based on the City's Purchase
Order and payment records.
The Committee has the option to use the above criteria for the initial ranking to short-list Proposers
and to use an ordinal ranking system to score short-listed Proposers following presentations (if
deemed necessary) with a score of "T' assigned to the short-listed Proposer deemed most
qualified by the Committee.
Each firm should submit documentation that evidences the firm's capability to provide the services
required for the Committee's review for short listing purposes. After an initial review of the
Proposals, the City may invite Proposers for an interview to discuss the proposal and meet firm
representatives, particularly key personnel who would be assigned to the project. Should
interviews be deemed necessary, it is understood that the City shall incur no costs as a result of
this Interview, nor bear any obligation in further consideration of the submittal.
When more than three responses are received, the committee shall furnish the City Commission
(for their approval) a listing, in ranked order, of no fewer than three firms deemed to be the most
highly qualified to perform the service. If three or less firms respond to the RFP,the list will contain
the ranking of all responses.
The City Commission has the authority to (including, but not limited to); approve the
recommendation; reject the recommendation and direct staff to re-advertise the solicitation; or,
review the responses themselves and/or request oral presentations and determine a ranking
order that may be the same or different from what was originally presented to the City
Commission.
Value of Work Previously Awarded to Firm (Tie-breaker} - In the event of a tie, the firm with the
lowest value of work as a prime contractor on City of Pompano Beach projects within the last five
years will receive the higher ranking, the firm with the next lowest value of work shall receive the
next highest ranking, and so on. The analysis of past work will be based on the City's Purchase
Order and payment records.
K. Hold Harmless and Indemnification
Proposer covenants and agrees that it will indemnify and hold harmless the City and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising
out of any act, action, neglect or omission by the Proposer, whether direct or indirect, or whether
to any person or property to which the City or said parties may be subject, except that neither the
Proposer nor any of its subcontractors will be liable under this section for damages arising out of
injury or damage to persons or property directly caused by or resulting from the sole negligence
of the City or any of its officers, agents or employees.
L. Right to Audit
Contractor's records which shall include but not be limited to accounting records, written policies
and procedures, computer records, disks and software, videos, photographs, subcontract files
(including proposals of successful and unsuccessful bidders), originals estimates, estimating
worksheets, correspondence, change order files (including documentation covering negotiated
settlements), and any other supporting evidence necessary to substantiate charges related to this
contract (all the foregoing hereinafter referred to as "records") shall be open to inspection and
subject to audit and/or reproduction, during normal working hours, by Owner's agent or its
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authorized representative to the extent necessary to adequately permit evaluation and verification
of any invoices, payments or claims submitted by the contractor or any of his payees pursuant to
the execution of the contract. Such records subject to examination shall also include, but not be
limited to, those records necessary to evaluate and verify direct and indirect costs (including
overhead allocations) as they may apply to costs associated with this contract.
For the purpose of such audits, inspections, examinations and evaluations, the Owner's agent or
authorized representative shall have access to said records from the effective date of this
contract, for the duration of the Work, and until 5 years after the date of final payment by Owner
to Consultant pursuant to this contract.
Owner's agent or its authorized representative shall have access to the Contractor's facilities,
shall have access to all necessary records, and shall be provided adequate and appropriate work
space, in order to conduct audits in compliance with this article. Owner's agent or its authorized
representative shall give auditees reasonable advance notice of intended audits.
Contractor shall require all subcontractors, insurance agents, and material suppliers (payees) to
comply with the provisions of this article by insertion of the requirements hereof in any written
contract agreement. Failure to obtain such written contracts which include such provisions shall
be reason to exclude some or all of the related payees' costs from amounts payable to the
Contractor pursuant to this contract.
M. Retention of Records and Right to Access
The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the
Contractor shall:
a. Keep and maintain public records required by the City in order to perform the service;
b. Upon request from the City's custodian of public records, provide the City with a copy of
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, Florida Statutes or as otherwise
provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record requirements are not disclosed except as authorized by law;
d. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the City; and
e. Upon completion of the contract, transfer, at no cost to the City, all public records in
possession of the Contractor, or keep and maintain public records required by the City to perform
the service. If the Contractor transfers all public records to the City upon completion of the
contract, the Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
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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.
N. Communications
No negotiations, decisions, or actions shall be initiated or executed by the firm as a result of any
discussions with any City employee. Only those communications, which are in writing from the
City, may be considered as a duly authorized expression on behalf of the City. In addition, only
communications from firms that are signed and in writing will be recognized by the City as duly
authorized expressions on behalf of firms.
O. No Discrimination
There shall be no discrimination as to race, sex, color, age, religion, or national origin in the
operations conducted under any contract with the City.
P. Independent Contractor
The selected firm will conduct business as an independent contractor under the terms of this
contract. Personnel services provided by the firm shall be by employees of the firm and subject
to supervision by the firm, and not as officers, employees, or agents of the City. Personnel
policies, tax responsibilities, social security and health insurance, employee benefits, purchasing
policies and other similar administrative procedures applicable to services rendered under this
agreement shall be those of the firm.
Q. Staff Assignment
The City of Pompano Beach reserves the right to approve or reject, for any reasons, Proposer's
staff assigned to this project at any time. Background checks may be required.
R. Contract Terms
The contract resulting from this RFP shall include, but not be limited to the following terms:
The contract shall include as a minimum, the entirety of this RFP document, together with the
successful Proposer's proposal. Contract shall be prepared by the City of Pompano Beach City
Attorney.
If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit arising out
of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor,
its employees, agents or servants during the performance of the contract, whether directly or
indirectly, contractor agrees to reimburse the City of Pompano Beach for all expenses, attorney's
fees, and court costs incurred in defending such claim, cause of action or lawsuit.
S. Waiver
It is agreed that no waiver or modification of the contract resulting from this RFP, or of any
covenant, condition or limitation contained in it shall be valid unless it is in writing and duly
executed by the party to be charged with it, and that no evidence of any waiver or modification
shall be offered or received in evidence in any proceeding, arbitration, or litigation between the
parties arising out of or affecting this contract, or the right or obligations of any party under it,
RFP P-15-19
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unless such waiver or modification is in writing, duly executed as above. The parties agree that
the provisions of this paragraph may not be waived except by a duly executed writing.
T. Survivorship Rights
This contract resulting from this RFP shall be binding on and inure to the benefit of the respective
parties and their executors, administrators, heirs, personal representative, successors and
assigns.
U. Termination
The contract resulting from this RFP may be terminated by the City of Pompano Beach without
cause upon providing contractor with at least sixty (60) days prior written notice.
Should either party fail to perform any of its obligations under the contract resulting from this RFP
for a period of thirty(30) days after receipt of written notice of such failure, the non-defaulting part
will have the right to terminate the contract immediately upon delivery of written notice to the
defaulting part of its election to do so. The foregoing rights of termination are in addition to any
other rights and remedies that such party may have.
V. Manner of Performance
Proposer agrees to perform its duties and obligations under the contract resulting from this RFP
in a professional manner and in accordance with all applicable local, federal and state laws, rules
and regulations.
Proposer agrees that the services provided under the contract resulting from this RFP shall be
provided by employees that are educated, trained and experienced, certified and licensed in all
areas encompassed within their designated duties. Proposer agrees to furnish the City of
Pompano Beach with all documentation, certification, authorization, license, permit, or registration
currently required by applicable laws or rules and regulations. Proposer further certifies that it
and its employees are now in and will maintain good standing with such governmental agencies
and that it and its employees will keep all license, permits, registration, authorization or
certification required by applicable laws or regulations in full force and effect during the term of
this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach
of contract.
W. Acceptance Period
Proposals submitted in response to this RFP must be valid for a period no less than ninety (90)
days from the closing date of this solicitation.
X. RFP Conditions and Provisions
The completed proposal (together with all required attachments) must be submitted electronically
to City on or before the time and date stated herein. All Proposers, by electronic submission of a
proposal, shall agree to comply with all of the conditions, requirements and instructions of this
RFP as stated or implied herein. All proposals and supporting materials submitted will become
the property of the City.
Proposer's response shall not contain any alteration to the document posted other than entering
data in spaces provided or including attachments as necessary. By submission of a response,
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Proposer affirms that a complete set of bid documents was obtained from the eBid System or
from the Purchasing Division only and no alteration of any kind has been made to the solicitation.
Exceptions or deviations to this proposal may not be added after the submittal date.
All Proposers are required to provide all information requested in this RFP. Failure to do so may
result in disqualification of the proposal.
The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its sole
discretion it deems it to be in the best interest of the City to do so.
The City reserves the right to waive any technical or formal errors or omissions and to reject all
proposals, or to award contract for the items herein, in part or whole, if it is determined to be in
the best interests of the City to do so.
The City shall not be liable for any costs incurred by the Proposer in the preparation of proposals
or for any work performed in connection therein.
Y. Standard Provisions
1. Governing Law
Any agreement resulting from this RFP shall be governed by the laws of the State of
Florida, and the venue for any legal action relating to such agreement will be in Broward
County, Florida.
2. Licenses
In order to perform public work, the successful Proposer shall:
Be licensed to do business in Florida, if an entity, and hold or obtain such Contractor' and
Business Licenses if required by State Statutes or local ordinances.
3. Conflict Of Interest
For purposes of determining any possible conflict of interest, each Proposer must disclose
if any Elected Official, Appointed Official, or City Employee is also an owner, corporate
officer, or an employee of the firm. If any Elected Official, Appointed Official, or City
Employee is an owner, corporate officer, or an employee, the Proposer must file a
statement with the Broward County Supervisor of Elections pursuant to §112.313, Florida
Statutes.
4. Drug Free Workplace
The selected firm(s)will be required to verify they will operate a"Drug Free Workplace" as
set forth in Florida Statute, 287.087.
5. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
RFP P-15-19
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proposals on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
6. Patent Fees, Royalties, And Licenses
If the selected Proposer requires or desires to use any design,trademark, device, material
or process covered by letters of patent or copyright, the selected Proposer and his surety
shall indemnify and hold harmless the City from any and all claims for infringement by
reason of the use of any such patented design, device, trademark, copyright, material or
process in connection with the work agreed to be performed and shall indemnify the City
from any cost, expense, royalty or damage which the City may be obligated to pay by
reason of any infringement at any time during or after completion of the work.
7. Permits
The selected Proposer shall be responsible for obtaining all permits, licenses,
certifications, etc., required by federal, state, county, and municipal laws, regulations,
codes, and ordinances for the performance of the work required in these specifications
and to conform to the requirements of said legislation.
8. Familiarity With Laws
It is assumed the selected firm(s) will be familiar with all federal, state and local laws,
ordinances, rules and regulations that may affect its services pursuant to this RFP.
Ignorance on the part of the firm will in no way relieve the firm from responsibility.
9. Withdrawal Of Proposals
A firm may withdraw its proposal without prejudice no later than the advertised deadline
for submission of proposals by written communication to the General Services
Department, 1190 N.E. 31 Avenue, Building C, Pompano Beach, Florida 33060.
10. Composition Of Prolect Team
Firms are required to commit that the principals and personnel named in the proposal will
perform the services throughout the contractual term unless otherwise provided for by way
of a negotiated contract or written amendment to same executed by both parties. No
diversion or substitution of principals or personnel will be allowed unless a written request
that sets forth the qualifications and experience of the proposed replacement(s) is
submitted to and approved by the City in writing.
11. Invoicing/Payment
All invoices should be sent to City of Pompano Beach, Accounts Payable, P.O. Drawer
1300, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter
218, payment will be made within 45 days after receipt of a proper invoice.
12. Public Records
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a. The City of Pompano Beach is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law, as
amended. Specifically, the Contractor shall:
i. Keep and maintain public records required by the City in order to perform the
service;
ii. Upon request from the City's custodian of public records, provide the City with a
copy of 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,
Florida Statutes or as otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City; and
iv. Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to the
City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically 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.
b. Failure of the Contractor to provide the above described public records to the City
within a reasonable time may subject Contractor to penalties under 119.10, Florida
Statutes, as amended.
PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
100 W. Atlantic Blvd., Suite 253
Pompano Beach, Florida 33060
(954) 786-4611
RecordsCustodian a copbfl.com
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Z. Questions and Communication
All questions regarding the RFP are to be submitted using the Questions feature in the eBid
System. Questions must be received at least seven (7) calendar days before the scheduled
solicitation opening. Oral and other interpretations or clarifications will be without legal effect.
Addenda will be posted to the RFP solicitation in the eBid System, and it is the Proposer's
responsibility to obtain all addenda before submitting a response to the solicitation.
AA. Addenda
The issuance of a written addendum or posting of an answer in response to a question submitted
using the Questions feature in the eBid System are the only official methods whereby
interpretation, clarification, or additional information can be given. If any addenda are issued to
this RFP solicitation the addendum will be issued via the eBid System. It shall be the responsibility
of each Proposer, prior to submitting their response, to contact the City Purchasing Office at(954)
786-4098 to determine if addenda were issued and to make such addenda a part of their proposal.
Addenda will be posted to the RFP solicitation in the eBid System.
BB. Contractor Performance Report
The City will utilize the Contractor Performance Report to monitor and record the successful
proposer's performance for the work specified by the contract. The Contractor Performance
Report has been included as an exhibit to this solicitation.
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COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID
SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRITY AND INCLUDE THE
COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE
ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM.
PROPOSER INFORMATION PAGE
RFP
(number) (RFP name)
To: The City of Pompano Beach, Florida
The below named company hereby agrees to furnish the proposed services under the terms stated
subject to all instructions,terms, conditions, specifications, addenda, legal advertisement, and conditions
contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully
understand what is required. By submitting this proposals I will accept a contract if approved by the City
and such acceptance covers all terms, conditions, and specifications of this proposal.
Proposal submitted by:
Name (printed) Title
Company (Legal Registered)
Federal Tax Identification Number
Address
City/State/Zip
Telephone No. Fax No.
Email Address
RFP P-15-19
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Exhibit--Contractor Performance Report
p , mpano City of Pompano Beach, Purchasing Division
ICA 1190 N.E. 3rd Avenue, Building C
abeach,, Pompano Beach, Florida, 33060
CITY OF POMPANO BEACH
CONTRACTOR PERFORMANCE REPORT
1. Report Period: from., � to
2. Contract Period: from to
3. Bid# &or P.O. :
4. Contractor Name:
5. City Department:
6. Project Manager:
7. Scope of Work {Service Deliverables}:
RFP P-15-19
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Exhibit—Contractor Performance Report
CATEGORY RATING COMMENTS
1.Quality Assurance/Quality Poor=I
Control Satisfactory,2
-Product/Services of high quality Excellent 3
-Proper oversight
-Communication
2. Record Keeping Poor=I
-Accurate record keeping Satisfactory=2
-Proper invoicing Excellent-3
Jesting results complete
3. Close-Out Activities Poor=I
-Restoration/Cleanup Satisfactory=2
-Deliverables met Excellent=3
-Punch list items addressed
4. Customer Service Poor=I
-City Personnel and Residents Satisfactory=2
-Response time Excellent—3
-Communication
5. Cost Control Poor=I
-Monitoring subcontractors Satisfactory=2
-Change-orders Excellent=3
-Meeting budget
6. Construction Schedule Poor=I
-Adherence to schedule Satisfactory=2
-Time-extensions Excellent=3
-Efficient use of resources
ADD ABOVE RATINGS/DIVIDE TOTAL
SCO RE BY NUMBER OFCATEGORIES BEING
RATED
RA TINGS
Poor Performance(1.0—1.59):Marginally responsive, effective and.,"or efficiew;clelajs require significant
adjustments to programs,'key employees marginal1j,capable; customers somewhat satisfied.
Safisfacimy Performance(1.6-2.59): Generally responsive, effective andlor efficient:delays are avcusable
and/or results in minor prograin adjustments: employees are capable and satisfaclord),providing service without
intervention:customers indicate satisfaction.
Excellent Performance(2.6—3.0):Immediately responsive;highly efficient and or effective; no delays;key
employees are experts and require minimal direction;customers expectations are e-rceeded.
R.FP P-15-19
Page 243 of 670
Would you select/recommend this contractor again? Yes No
Please attach any supporting documents to this report to substantiate the ratings that have been provided.
Ratings completed by(print name) Ratings completed by signature Date
Department Head(print name) Department Head Signature Date
Vendor Representative(print name) Contractor Representative Signature Date
Comments, corrective actions etc., use additional page if necessary:
RFP P-15-19
Page 244 of 670
City of Pompano Beach Florida
Local Business Subcontractor Utilization Report
PRect Name tr! Comrsim Number and Work Order Number{i pk ei qo
€iepon Number is, Reporting Period id Local Oneness Contract Goal ts€ Estimated Contrast Completion Date tat
to
Contrador Name t8t Ccattraeter Telephone Number to Contractor Erevan Address ue
} e
CenYr er Street Address ttnt Pr em Ma er Name drag Project ager Telephone Num u2i Prot i r Parnell�eldress tray
}
Local Business Pa ment Re art
Federal Amount Paid
Identification Local description of Work trot Project this Reporting
Subcontractor Amount.m Period invoice Total Paid to
Numbergrsi trey Numberdtsl Dale lit
Business Name osi
Total Paid to Date for All Local Business Subcontractors e, 0,00
1 certify that the above information is true to the best of m knowied e.
Contractor Name—Authorized Personnel(Saint)mi Contractor Name®Authormed Person (sign)t231 Tire tact Cate,7
RFP P-15-19
Page 245 of 670
Local Business Subcontractor Utilization Report Instructions
Box(1) Project Name—Enter the entire name of the project.
Box(2) Contract Number(work order)—Enter the contract number and the work order
number, if applicable(i.e., 4600001234, and if work order contract include work order
number—4600000568 WO 01).
Box(3) Report Number-Enter the Local Business Subcontractor Utilization Report number.
Reports must be in a numerical series (i.e., 1, 2, 3).
Box(4) Reporting Period-Enter the beginning and end dates this report covers (i.e.,
10/01/2016—1110112016).
Box(5) Local Contract Goal-Enter the Local Contract Goal percentage on entire contract.
Box(6) Contract Completion Date-Enter the expiration date of the contract, (not work the
order).
Box(7) Contractor Name-Enter the complete legal business name of the Prime Contractor.
Box(8) Contractor Telephone Number-Enter the telephone number of the Prime
Contractor.
Box(9) Contractor Email Address-Enter the email address of the Prime Contractor.
Box(10) Contractor Street Address—Enter the mailing address of the Prime Contractor.
Box(11) Project Manager Name-Enter the name of the Project Manager for the Prime
Contractor on the project.
Box(12) Project Manager Telephone Number—Enter the direct telephone number of the
Prime Contractor's Project Manager.
Box(13) Project Manager Email Address—Enter the email address of the Prime
Contractor's Project Manager.
Box(14) Federal Identification Number—Enter the federal identification number of the Local
Subcontractor(s).
Box(15) Local Subcontractor Business Name—Enter the complete legal business name of
the Local Subcontractor(s).
Box(16) Description of Work—Enter the type of work being performed by the Local
Subcontractor(s) (i.e., electrical services).
Box(17) Project Amount—Enter the dollar amount allocated to the Local Subcontractor(s)for
the entire project(i.e., amount in the subcontract agreement).
RFP P-15-19
Page 246 of 670
Box(18) Amount Paid this Reporting Period—Enter the total amount paid to the Local
Subcontractor(s)during the reporting period.
Box(19) Invoice Number—Enter the Local Subcontractor's invoice number related to the
payment reported this period.
Box(20) Total Paid to Date—Enter the total amount paid to the Local Subcontractor(s)to
date.
Box(21) Total Paid to Date for All Local Subcontractor(s)—Enter the total dollar amount
paid to date to all Local Subcontractors listed on the report.
Box(22) Contractor Name Authorized Personnel(print)—Print the name of the employee
that is authorized to execute the Local Subcontractor Utilization Report.
Box(23) Contractor Name Authorized Personnel(sign)--Signature of authorized employee
to execute the Local Subcontractor Utilization Report.
Box(24) Title—Enter the title of authorized employee completing the Local Subcontractor
Utilization Report.
Box(25) Date—Enter the date of submission of the Local Subcontractor Utilization Report to
the City.
RFP P-15-19
Page 247 of 670
REQUESTED INFORNIATIONBELON% IS ON LOCAL III SINESS PROGRA.M FORM ON TILE BIDATTACIINIENTS TAR.BIDDERS ARE TO
COMPLETE FORM IN ITS ENTIRITY AND INCLUDE COMPLETED FORM 1N POUR PROPOSALTHATNIUST BE('PLOADED TO THE
RESPONSE ATTACIENIENTS TAR IN THE EBID SYSTE.Al.
CITY OF POMPANO BEACH,FLORIDA
LOCAL BUSINESS PARTICIPATION FORM
Sulic;tation#&Title: Pnme Contractor's Name
Contact Person Type of Work to be PerformedlMaterialls E-16)e—
Name of Firm,Address Tel Purchased Contract Amount
---—-------------------
...............
LOCAL BUINE aaEXHIBIT A.
RFP P-15-19
Page 248 of 670
LOCAL BUSINESS EXHIBIT"B"
LETTER OF INTENT TO PERFORM AS A LOCAL SUBCONTRACTOR
RFP Number
TO:
(Name of Prime or General Bidder)
The undersigned City of Pompano Beach business intends to perform subcontracting work in
connection with the above contract as (check below)
an individual a corporation
a partnership a joint venture
The undersigned is prepared to perform the following work in connection with the above Contract;
as hereafter described in detail:
at the following price:
(Date) (Name of Local Business Contractor)
(address)
(address City, State Zip Code)
BY:
(Name)
LOCAL BUSINESS EXHIBIT"B-
RFP
B-RFP P-15-19
Page 249 of 670
LOCAL BUSINESS EXHIBIT"C'
LOCAL BUSINESS UNAVAILABILITY FORM
RFP##
I,
(Name and Title)
of certify that on the day of
I invited the following LOCAL BUSINESS(s)to bid work
(Month) (Year)
items to be performed in the City of Pompano Beach
Form of Bid Sought(i.e., Unit
Price, Materials/Labor, Labor
Business Name,Address Work Items Sought Only, etc.)
Said Local Businesses:
® Did not bid in response to the invitation
® Submitted a bid which was not the low responsible bid
Other:
Name and Title:
Date:
Note: Attach additional documents as available.
LOCAL BUSINESS EXHIBIT"C"
RFP P-15-19
Page 250 of 670
LOCAL BUSINESS EXHIBIT"D"
GOOD FAITH EFFORT REPORT LOCAL BUSINESS PARTICIPATION
RFP#
I at portions of the contract have you identified as Local Business opportunities?
2- Did you provide adequate information to identified Local Businesses? Please comment an how you provided this information
3. Did you send written notices to Local Businesses?
Yes No
If yes please include copy of the notice and the list of individuals who were forwarded copies of the notices
4. Did you advertise in local publications?
Yes No
If yes,please attach copies of the ads including name and dates of publication.
5. What type of efforts did you make to assist Local Businesses in contracting with you?
Page 251 of 670
+7. List the Local Businesses you will utilize and subcontract amount.
5
8. Other comments.
LOCAL BUSINESS EXHIBIT_" "— g
LOCAL BUSINESS XIII' "
Page 252 of 670
Pi-o essional
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Response to Request for Proposal
March 1, 2019
For
City of Pompano Beach
Community Redevelopment Agency
Unarmed Roving Security Guard Services
P-15-19
Contact:Shaul Maouda,Senior Vice President
Corporate Office: 11454 San Vicente Blvd., Los Angeles, CA 90049
Office: 310.207.7729 1 Fax: 310.207.6521 1 E-mail:smaouda@pscsite.com
FEIN Number:95-4018179 1 DUNS Number:555487445 I Security Agency 89800143
1$r h ile eri& Confidential
Page 253 of 670
Professlollal
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Table of Contents
Letterof Transmittal .................................................................................................................................. 3
Fees&Costs .............................................................................................................................................. S
ExecutiveSummary.................................................................................................................................... 6
CompanyHistory........................................................................................................................................ 7
CompanyProfile ........................................................................................................................................9
Qualificationsof Senior Management........................................................................................................12
Experience&Qualifications ......................................................................................................................16
Approachto Scope of Work ......................................................................................................................21
Background Investigations, Personnel Selection& Retention Programs ......................................................24
Drugand Alcohol Policy ............................................................................................................................25
EqualEmployment Opportunity Statement................................................................................................27
EmployeeRecruitment .............................................................................................................................27
Development &Retention of Employees ...................................................................................................28
PSCHealth & Benefits ...............................................................................................................................28
SchedulingProgram ..................................................................................................................................29
Training ....................................................................................................................................................30
Resolving Conflict&Public Relations .........................................................................................................32
QualityControl .........................................................................................................................................35
CASEGlobal ..............................................................................................................................................37
PSCInnovations &Added Value ................................................................................................................41
Pricing ......................................................................................................................................................43
Schedule ..................................................................................................................................................47
References ...............................................................................................................................................53
LocalBusinesses .......................................................................................................................................69
Litigation ..................................................................................................................................................75
CityForms ................................................................................................................................................76
Appendix(Safety Act, Insurance Certificates etc.) ......................................................................................80
Era-hileged& confident`hil
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Pi-ofessional
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ConsidtantS
March 1, 2019
City of Pompano Beach
Attention: Mr. Nguyen Tran, CRA Director
100 W. Atlantic Blvd.
2nd Floor, Suite 276
Pompano Beach, FL 33060
Re: RFP P-15-19 Unarmed Roving Security Guard Services
Dear Mr.Tran,
Professional Security Consultants, Inc. (PSC) is pleased to provide the following proposal in
response to your request for Security Services for the City of Pompano Beach Community
Redevelopment Agency (Pompano Beach CRA). As we have shown over the past 5 years, we
are committed to offering the highest level of professional security services throughout the
duration of our contracts. We are excited at the prospect of continuing to work side by side
with the City of Pompano Beach to make your redevelopment district a safe, secure, and
friendly environment for everyone.
Our 34 years of service, training and experience have evolved PSC from a California based
company into one of international scope. Since 1985, we have embodied the professionalism,
integrity, skill, innovation, and experience that allow us to provide premiere security services.
We form synergistic relationships with our clients in order to understand their specific needs
and tailor our services to achieve their safety, security, and risk management goals.
Professional Security Consultants has been operating in Florida since 2006 and servicing the
Community Redevelopment Agency(CRA)since 2014. Should you choose PSC as your service
provider, the Pompano Beach CRA would be supported by our extensive network of locations
throughout the Southern Florida Region which include CityPlace, West Palm Beach Downtown
Development Authority, Fort Lauderdale Community Redevelopment Agency, Westfield
Broward, and Westland among the other accounts we service throughout the State of Florida.
The following persons are authorized to make representations for PSC and can be reached at
the contact information below.Your primary point of contact will be Shaul Maouda, with Willie
Perez providing support at the local level.
Shaul Maouda,Senior Vice President,smaouda@pscsite.com
Office:310.207.7720 1 Cell:310.901.1219 1 Fax: 310.207.6621
Willie Perez, Regional Director, wperez@pscsite.com
Cell Phone: (561)402-2152
III-h ileged& Confidential 3
Page 255 of 670
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PSC understands the work to be done at the Pompano Beach CRA, with visitors daily, the
district must feel safe and friendly.This can only be achieved by continuing to transform the
CRA into a safe and pleasant atmosphere, where customer service becomes the top priority. To
accomplish this transformation, PSC will use its experiences from the past five (5)years with the
CRA and its experience/knowledge of providing quality security services to clients across the
United States including those emanating from similar projects. This includes high visibility of
security officers, pleasant interaction and direction to Pompano Beach CRA visitors and
employees, firm enforcement on crime/conduct issues that lead to a less attractive area, and
strict adherence to policies, coupled with routine inspections and patrols.
PSC is committed to making the Pompano Beach CRA a safe and secure location for the
efficient/effective operation and delivery of services to the residents of the City of Pompano
Beach. This commitment will be defined by a detailed operating plan combined with the
continuous building of relationships with law enforcement, city staff and the general public.
We greatly appreciate the opportunity to submit our proposal for Security Services for the City
of Pompano Beach CRA. Upon review of this proposal, I encourage you to contact me so that I
may discuss our proposal and pricing structure in further detail with you.
Respectfully,
aul Maouda
Senior Vice President
Professional Security Consultants, Inc.
Office: 310.207.7729 Ext. 131
Cell: 310.901.1219 1 Fax: 310.207,5563
E-Mail: smaouda@pscsite.com
www.pscsite.com
Page 256 of 670
....`...
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Fees & Costs
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Page 257 of 670
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Executive Summary
Professional Security Consultants, Inc. (PSC) is pleased to provide the following proposal in
response to your Request for Proposal relating to Security Services for the Pompano Beach
CRA. We are committed to offering the highest level of professional security services
throughout the duration of our contract. We are excited at the prospect of continuing to work
side by side with the City of Pompano Beach and the Pompano Beach CRA to make your
district a safe, secure, and friendly environment for everyone.
PSC in addition to our Florida operations has throughout the years provided security services to
numerous entities across the United States including medical facilities, universities, office
complexes, government agencies, super-regional and regional shopping centers. Our dedication
to the mission and facilitation of our client's needs is our number one priority. Our ability to
deploy, track, supervise, and support our staff members and client accounts is demonstrated in
the number of diverse, service-intensive, multi-venue contracts that require high volume client
interaction in which PSC currently provides services to.
At each site, PSC remains in close communication with our staff to assure they are provided the
resources for success in their assignment. We track results through our Vehicle GPS, Dispatch,
Casemobile and CASE Global Incident Management Software Systems. These tools and
resources help our clients and us with our management strategies and overall success of a
productive and efficient service operation.
With over 34 years of service, training and experience PSC has evolved from a California based
company into one of international scope. Since 1985, we have embodied the professionalism,
integrity, skill, innovation, and experience that allows us to provide premiere security services.
We form synergistic relationships with our clients in order to understand their specific needs
and tailor our services to achieve their safety,security, and risk management goals.
The Pompano Beach CRA would be supported by our Regional Director Willie Perez and West
Palm Beach Area Director Roberto Perez who currently manages our existing agreement with
the Pompano Beach CRA and others throughout the South Florida Region, in addition to the
local support apparatus, our network of regional offices throughout the United States including
our Corporate Office would provide an additional layer of support to Pompano Beach CRA.
Page 258 of 670
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Company History
Headquartered in Los Angeles, California Professional Security Consultants, Inc. (PSC) was
founded in 1985 by former Israeli Secret Service Agent, Moshe Alon. His expertise in security
management can be attributed to 37 years of extensive and diverse Israeli military and secret
service experience. PSC first began as a consulting firm to Fortune 500 companies that dealt
with the threats of global terrorism. In the years following its conception, PSC expanded the
scope of its operations to encompass physical security, personal protection, event planning and
management. In 1995, PSC secured a major contract in the shopping center industry and in
1999 founded CASE Global (Computer Assisted Security Environment) in order to develop and
advance computerized risk management solutions for the security services industry.
PSC is a world-class provider of security guard, patrol, investigative, consulting, screening &
specialty security services, such as site vulnerability audits, executive protection, web-based
incident management (tracking, reporting & notification), and patrol tour software. Licensed in
over 40 states, and the District of Columbia, PSC employs over 5,000 people nationally and
currently provides security guard services to over 150 shopping centers, medical facilities,
commercial buildings, college campuses, K-12 institutions, hotels, private communities,
government municipalities, and other government facilities across the United States; we have
provided such services since 1991. As one of the few security companies that focus a majority
of its business on shopping centers, PSC has become an industry leader in the retail market
sector.
In our 34 years of experience, PSC has evolved to adapt to the world's ever-changing safety and
security demands, setting the standard in the security guard service industry. Our ability to
provide effective, efficient, custom tailored service stems from the synergy between our
departments and the relationships that we forge with our clients.
PSC has been certified by the following organizations:
• American Heart Association (Nationally Trained CPR/First Aid/AED Instructors)
• Homeland Security under the SAFETY Act for Security Service and our CASE Global
Technology.
• Nationally Recognized Safety and Security Training Certifications
• Certified Monadnock Defensive Tactics System (MDTS) Instructors
• Certified SABER Pepperspray Instructors
• Certified OCAT Instructors
• Certified PATH Instructors
• State of Florida Certified Security Officer Instructors
• State of Florida Firearms Instructors
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Key Elements for Success
Stratey
PSC's simple plan delivers high quality service, tailored to meet the needs of the customer and
has achieved substantial recognition, with a list of added values that exceeds contract
obligations. PSC remains devoted to our core values and will to continue to provide diversity
and transparency in the delivery of quality and competent security services.
A roach
Our approach provides security services in a personable, professional and approachable
manner. We specialize in providing innovative and unique solutions to the everchanging
security challenges. Our technical skills, knowledge and expertise of the security profession far
exceed current industry standards.
Workforce
Over 5,000 employees located throughout the United States.
�ainin
Our extensive and highly trained workforce enables us to cover all our clients' needs. All PSC
security professionals are crossArained with the same standard and operating procedures to
ensure an immediate response to any situation.
Innovation
Proving itself as an innovator in comprehensive protection programs and security force
management, PSC uses the latest advances in technology, training, and professional
development.
Corn MLAniicatiio
PSC has built its reputation for outstanding security services through its strong ability to actively
and continually communicate with its clients. PSC leadership and management work closely
with all clients to accurately identify what the security needs are and how to address them
creating a service delivery package that consistently exceeds expectations.
echnoloE.y .m
PSC has its own unique and highly effective security software portfolio that includes incident
reporting and management, dispatch programs, guard tour applications, and facility Electronic
Folders, that blend risk management with incident response.
Prhlle ed Confi lenfial
Page 260 of 670
Pi-ofessionat
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Company Profile
Professional Security Consultants (PSC) is headquartered in Los Angeles, California. PSC
Provides security guard services to over 150 shopping centers, school campuses, hotels,
medical facilities and private communities across the United States, along with several affiliated
security service companies, as well as a technology company, which are part of PSC's "group,"
with collective annual revenue of about $100 million dollars.
PSC is a privately held corporation, with a strong positive cash flow. As such, PSC's own
financial resources can easily accommodate a major growth that is associated with obtaining a
high-volume client. Moreover, if additional financing did become desirable, PSC has substantial
financial institution resources. Upon request, PSC will provide financial institution letters of
recommendations and/or verifications as needed.
PSC has a very large presence throughout the United States, employing security professionals
throughout the State of Florida. PSC remains large enough to support emergency response
officers to sites throughout the country, but small enough to have the personal touch from the
company's executives to the local officer. Our emergency response officers are security
officers, supervisors, assistant directors and off duty police officers that are cross trained to
work at various locations. Additionally, PSC can deploy our mobile command center RV; the RV
is equipped with CCTV capabilities, external camera systems and functions as an emergency
operation/dispatch communication hub.
PSC uses a technology-based provider which specializes in the facilitation of security and
technology. Case Global, located in the same office complex as PSC, offers incident tracking and
dispatch software, Casemobile smart phones, a 24-hour manned command center and many
other security technologies for the shopping center industry. The Command Center
Communication Specialist makes and receives phone calls and sends messages regarding
incidents and events in conjunction with our shopping center security teams. Using a custom
notification matrix developed with our clients to notify appropriate personnel via phone call,
text message, and/or email when a major incident occurs. The Command Center will notify and
deploy emergency teams, upon request or under predetermined circumstances established in
coordination with our clients.
4ffi�isil� ed& cr'�zcl����il
Page 261 of 670
Professional
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PSC Maintains Active Memberships in the Fallowing Organizations
• Association of Threat Assessment Professionals
• International Association of Campus Law Enforcement Administrators
• Department of Homeland Security Information Network(HSIN)
• (RPICS) Regional Public & Private Infrastructure Collaboration System
• (ICSC) International Council of Shopping Centers
• The Shopping Center Subsector Council (SCSC)
• Real' Estate Roundtable
• TITAN Intelligence &Terrorism Alert Network
• International Facility Management Association
Corporate Structure
_ 1 resident
Olenl r VP of VP of Training/ Fri m
1rs QuamycoqW,
V0 of VP of
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RegWnal VP fu n
,
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Page 262 of 670
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PSC Office Locations
Corporate Office 11454 San Vicente Blvd., Los Angeles, CA 90049
Northern California Office 1350 Travis Blvd., Fairfield, CA 94533
Southern California Office 415 Parkway Plaza, El Cajon, CA 92020
Washington Office 8700 N Vancouver Mall Dr., Vancouver,WA 98662
Illinois Office 195 Fox Valley Center, Aurora,IL 60504
Ohio Office 26300 Cedar Rd. Beachwood,OH 44122
New York/New Jersey Office 1701 Sunrise Highway, Bay Shore, NY 11706
Florida Office 459 Brandon Town Center Mall, Brandon, FL 33511
South Florida Office 700 S. Rosemary Ave., West Palm Beach, FL 33401
"! Maryland Office 2002 Annapolis Mall, Annapolis, MD 21401
Minnesota Office 12401 Wayzata Blvd., Minnetonka, MN 55305
Connecticut Office 470 Lewis Ave., Meriden,CT 06451
States and Territories PSC is Licensed
Alabama Arizona Arkansas California
Colorado Connecticut Delaware Washington DC
Florida Georgia Hawaii Idaho
Illinois Indiana Iowa Kansas
Kentucky Louisiana Maine Maryland
Massachusetts Michigan Minnesota Missouri
Montana Nebraska Nevada New Hampshire
New Jersey New Mexico New York North Carolina
Ohio South Carolina Oregon Texas
Rhode Island Virginia Tennessee West Virginia
Utah Wyoming Washington Wisconsin
Pririleffed& oilfidential 1t
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P1-ofessionaL
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South Florida Area Accounts
q.
CityNace
t.Ana's South Bay
Villas
4
Mali atWestfield
WGreenon Broward
Westland I West Palm
t Mal Beach DDA
West Palm
Beach PSC
Security
o ration
Hilton West Delray Beach
Palm Beach DDA
Pam na � Palm Beach
Beach CRA County Tax
.I Coll or "
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Lauderdale
Palm Beach ' �
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Qualifications of Senior Management
PSC's management and advisory group is comprised of senior officials formerly with the Israeli
Secret Service, counterterrorism units, police departments, the United States Military, Secret
Service, Marshall Service, Drug Enforcement Agency, Homeland Security and other intelligence
services throughout the world. Nearly all of our senior management team have earned a
bachelor's degree or, in some cases, a master's degree in various fields focusing on everything
from Law &Administration to the Fine Arts. Many managers have grown from within shopping
centers starting their careers generally as a security officer rising through the ranks of
supervisor to director of security and onto either regional and/or corporate positions.
1'ririleged&Cnntidentini 12
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Corporate& Regional Leadership
Moshe Alan, President
Moshe Alon founded Professional Security Consultants (PSC) in 1985 after serving in the Israeli
Defense Forces and the Israeli Secret Service as a Lieutenant specializing in underwater
operations and as an agent specializing in counterterrorism respectively. He has an extensive
background and reputation in the security industry. Prior to establishing PSC, Mr. Alon had
provided consulting services to fortune 500 companies', government agencies, real estate
development firms and high-profile individuals in the entertainment industry worldwide. Mr.
Alon participates in a variety of boards such as the Homeland Security Council, where he
frequently appears as a speaker on subjects of emergency preparedness and
counterterrorism.
Shaul Maouda, Senior Vice President
Shaul Maouda is the Senior Vice President for Professional Security Consultants overseeing the
company operations throughout the United States. With over 27 years of security experience
Mr. Maouda has held numerous positions with PSC ranging from Executive Protection Officer,
Director of Security, Regional Director, and Operations Manager to Senior Vice President, with
the exception of Executive Protection all of these roles have been directly related to the
shopping center industry. Prior to joining PSC in 1989, Mr. Maouda held the rank of Captain of
the Parachute Commando Unit for the Israeli Defense Forces. Mr. Maouda attended the
University of Tel Aviv where he studied biology as well as majoring in business at Santa Monica
College. Mr. Maouda holds a security clearance with DHS and is a member of the Association of
Threat Assessment Professionals (ATAP), International Facility Management Association (IFMA),
International Association of Campus Law Enforcement Administrators (IACLEA), and the
International Council of Shopping Centers where he serves on the Subcommittee for Security.
Mike Lambos, Senior Vice President of National Operation
Mike Lambos is the Senior Vice President of National Operations for PSC. Mr. Lambos started
with PSC in 2002 as a Regional Director in Ohio, Indiana and Illinois, eventually becoming Vice
President of National Operations in 2006 and Senior Vice President of National Operations in
2016. He is responsible for overseeing the daily security operations for the entire portfolio of
accounts. Mr. Lambos has over 24 years in the law enforcement/security field having previously
served as a Probation Officer for the County of Dupage, Illinois and as a security manager for
Urban Retail from 1997-2002. He holds a Bachelor of Science Degree in Criminal Justice from
the University of Dayton and a Master of Science Degree in Administration of Justice from
Mercyhurst University. Mr. Lambos is a member of the International Council of Shopping
Centers.
Shahar Gaash, Vice President of Quality Control
Shahar has over 28 years of experience in the security industry, having served in numerous
roles in various companies across the United States. Prior to joining the security industry in
1990 Mr. Gaash served five (5)years in the Israeli Defense Forces having reached the rank of
Privileged& C:'on idmitial 13
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Captain and Company Commander. Mr. Gaash attended Santa Monica College and Marshall
University from 2001-2003. Most recently, from 2008-2018 Shahar served as Vice President of
Operations and Training at RMI International overseeing the entire company portfolio including
two Assistant Vice Presidents and multiple Regional Security Directors that represented RMI
throughout the country. Returning to PSC as the Vice President of Quality Control in 2018 to a
position he previously held prior to 2008, Mr. Gaash is responsible for maintaining and
addressing any concerns related to our level of service including any contractual or law/state
regulated requirements.
lsror Syed, Vice President/Controller
Israr Syed is responsible for overseeing the accounting operations of PSC, which includes the
production of periodic financial reports, maintenance of an adequate system of accounting
records, and a comprehensive set of controls and budgets, all designed to mitigate risk,
enhance the accuracy of the company's reported financial results, and ensure that reported
results comply with generally accepted accounting principles. Mr. Syed also oversees daily
operations of the finance department, including managing bi-weekly disbursements of multi-
state payrolls, garnishments, benefits and taxes to our employees, consistent with federal and
state wage and hour laws. Mr. Syed joined PSC in 1992 as a Security Officer while earning his
BS in Accounting at California State University, Northridge(1998). After a short stint with Price
Waterhouse Cooper, LLP Mr. Syed returned to PSC to assume his current position of Vice
President/Controller.
Sharon McNamara, Vice President of Human Resources
Sharon McNamara has been with PSC since 2003, starting in the field as a Security Supervisor
and quickly moving upward to the position of Security Director overseeing the daily operations
of two properties. After transferring to the PSC Corporate Office in 2005, Ms. McNamara
joined the Human Resources Department, where her experience from the field has proved
invaluable. She graduated from the University of California, Irvine in 1985 with a B.A. in Fine
Arts, and earned her M.F.A in Cinema Production from the University of Southern California.
Prior to joining PSC, Sharon spent 1S years in the entertainment industry.
Hector Acevedo, Vice President of National Operations
Hector Acevedo has over 35 years of experience in the Security/Loss Prevention/Law
Enforcement Field. Starting in 1980 as a Loss Prevention agent with Venture stores and was
promoted two years later to Loss Prevention Manager, a position he held for 13 years until
Venture Stores closed in 1993. In 1993 Mr.Acevedo entered the security industry with Ford City
Mall as a security officer, until his promotion to supervisor 6 months later. In 1997 he joined
the Village of Stickney Police Department and remained with them until he began his tenure
with PSC in 2002 as an Assistant Security Director at Old Orchard Mall in Chicago, IL, shortly
thereafter becoming the Security Director at Westfield Fox Valley until his 2007 promotion to
Midwest Regional Security Director. As Regional Director Mr. Acevedo oversaw the security
operations and supervised Security Directors for Super-Regional and Regional Shopping Centers
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across 5 Midwestern States, including locations in suburban, rural and metropolitan
environments. In January of 2016, Mr. Acevedo was promoted to Vice President of National
Operations serving as corporate liaison and supervisor to the Midwestern and Eastern portion
of the United States.
Willie Perez, Regional Director West Palm Beach
Willie Perez has over 28 years of experience in Military, and Security/Law Enforcement
industries, as well as holds two Associates Degrees (Physical Therapy, & Criminal Justice).After
a 9-year career with Miami Police Department, Mr. Perez eventually reentered the security field
in May of 2001 until current. He continues to develop his knowledge and skills in security and
protection services, attaining certification in many areas of training. These include, but are not
limited to: NRA Civilian and Law Enforcement Firearms Instructor certification in multiple
disciplines;Advanced Crime Prevention Through Environmental Design (CPTED) Practitioner
Certification, Florida Crime Prevention Training Institute; AMTEC Advanced Training in Non-
Lethal Systems, Special Impact Munitions; Advanced training -OC Spray, Handcuffing,
Expandable Baton; State of Florida Statewide Firearms Instructor;State of Florida Security
Officer Instructor; Dignitary Protection Certification;Taser Instructor; and is a Private
Investigator.
Roberto Portes, West Palm Beach Area Security Director
Roberto Portes joined PSC in 2013 as Security Director for CityPlace a position he has held since
2004 previously with IPC International. As the Security Director for this large metropolitan
retail and entertainment hub Roberto has gained extensive experience in customer service,
creating partnerships with local authorities and stakeholders alike while maintaining a quality
level of service on behalf of PSC. Since 2014 Mr. Portes has been the Area Security Director for
PSC supervising multiple locations in conjunction with Mr. Perez. Roberto studied as an Electric
Technician at the Universidad Tecnologica De Santiago and Business Administration at Pontificia
Universidad Catolica Madre y Maestra he is licensed by the State of Florida as both a Security
Professional and a Private Security Manager.
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Experience and Qualifications
Over the past 34 years, PSC has provided security services to numerous entities across the
United States. Our dedication to the mission and facilitation of our client's needs is our number
one priority. We have traveled and performed in numerous states and have the competence
and capability to deliver services though integrated partnerships wherever our mission may
take us. With offices throughout the United States PSC is more than capable of supplying
services for the duration of this contract and in emergency situations. PSC currently has a
diversified workforce of over 5000 employees.
Our special ability to deploy, track, supervise, and support our staff members and client
accounts is demonstrated in the number of diverse, service-intensive, multi-venue contracts
that require high volume client interaction. For each of these sites, PSC remains in close
communication with our staff to assure they are provided the resources for success in their
assignment. We regularly track the results through weekly center reports completed by each
location that highlights various components of the security operation including but not limited
to deployments, incidents, equipment and uniform orders. Additionally, our Regional Security
Directors meet with both client and PSC Command staff to discuss and correct any irregularities
either in the department and/or security deployment. Annually and as needed, PSC conducts a
comprehensive review of each location that includes a financial, operational, and statistical
analysis to identify and address trends, operational gaps, staffing and or any other mitigating
factors.
Sustatinability
PSC strives to be environmentally conscience and seeks to reduce our carbon footprint through
the use of recycled products such a paper, ink and toner, utilization of increased bike and foot
patrols when possible and implemenation of technology such as electronic reporting and
documentation of incidents and daily reports/logs. Moreover, PSC was an early adaptor of the
American Heart Assocation eCard/eBook initative to reduce waste.
Ability to Provide Extra Resources for Planned Events or Emergency Situations
PSC currently provides Security Guard Services for both client & contracted Special Events,
emergencies and unexpected absences.Throughout the past 34 years, PSC has provided its
resources to events such as Revlon Run/Walk for Women, Elton John Academy Award
Party, grand openings for shopping centers among others. PSC has responded to and
activated its Emergency Task Force, for various emergency/crisis situations including but
not limited to major power failures, wildfires, shootings, earthquakes and hurricanes
throughout the United States. The team is comprised of security officers, supervisors and
off duty police officers specially trained for emergency/crisis situations. The security
officers and supervisors are cross trained to respond to nearby locations in times of crisis.
The Task Force adds an additional reserve force to be deployed as necessary. These
emergency response officers will be deployed from an active workforce and from another
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account when needed. With a strong presence in South Florida and employing nearly 1,000
security officers in the area PSC can quickly dispatch a regional response team to the
Pompano Beach CRA if needed.
Emergency Situations
Understanding that emergencies, by their nature, are neither predictable nor (generally)
repetitive in their scope, the Emergency Schedule will experience a swelling of personnel in
stationary and/or roving positions in order to safely and securely respond to the increased
need. If more personnel were to be required, we will lengthen the duty schedule of the
Security Officers (both full-time and part-time, as needed; call on the reserve force, or both.
As further explanation of the effects of this plan, by increasing a post from 8 hours to 12
hours, the end result is to have provided a 33 percent increase in manpower. In any case, we
will seek guidance and approval from client management prior to adjusting the duty
schedule.
Activation of Response Systems&Teams
• Sep 2017 Hurricane Irma, Southern, FL
• September 2016 Crossroads Center Stabbing Attack St. Cloud, MN
• May 2016 Montgomery Mall Shooting, Bethesda, MD
• November 2013 Garden State Plaza Active Shooter, Paramus, NJ
• July 2010 Wildfires, Los Angeles, CA
• Nov 2010 Arson Fire, Roseville, CA
• July 2011 Earthquake, San Diego, CA
• Sep 2011 Power Failure, San Diego, CA
• Aug 2011 Hurricane Irene, East Region (CT, MD, NY)
• Sep 2011& 2012 10th & 11th (Anniversary of 9/11)
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Diverse Account Experience
Government-Professional Security Consultants manages a large security operation in South
Florida providing services to the West Palm Beach and Delray Downtown Development
Authorities, the Fort Lauderdale and Pompano Beach Community Redevelopment Agencies and
since 2015 the Oxnard Central Business District and most recently the City of Oxnard Public
Library, Service Center and the Del Norte Regional Recycling Facility. Under these contracts'
PSC employees serve as ambassadors on behalf of the governing body and associated business
enterprises, providing a customer friendly interaction with customers and residents. Since
2009 PSC has provided services to the City of Lynnwood, nestled less than 20 miles between
two of the busiest ports in the world, Port of Long Beach and Port of Los Angeles. Our security
officers acting as ambassadors of the city, welcoming/assisting residents and guests are
responsible for patrolling the city's parks, city hall, and other city facilities, including a roving
vehicle patrol.
Between 2012-2014 PSC provided services to the State of Hawaii Department of Transportation
at various ports of entry for both cruise lines and shipping arrivals. As port security officers, PSC
was in constant interaction with local, state and federal law enforcement agencies as
passengers and cargo were either loaded or disembarked from arriving and departing ships.
Our role during this process was twofold one being an Aloha Ambassador the other as a
support function for law enforcement agencies. In addition to our United States based
government entities, PSC currently provides security services to the government of Mexico for
three Consular Facilities and the Embassy in Washington DC, providing both access control and
screening of visitors and employees of the facilities.
Shopping/Retail Centers- Since 1995 PSC has been providing security services to numerous
retail property establishments and firms across the United States, as such we have serviced
various projects in rural, suburban and metropolitan areas along with both indoor and outdoor
style venues in various sizes from local neighborhood centers to super regional shopping
centers such as Westfield Southcenter(Seattle, WA), Westfield Garden State (Paramus, NJ),The
Ward Village (Honolulu, H1), and CityPlace (West Palm Beach, FL). PSC currently provides
security services at four (4) super-regional centers and two (2) development projects for The
Howard Hughes Corporation. These centers are located in Hawaii, Louisiana, New York,
California, Virginia, and Nevada. The Ward Village (Honolulu, HI) and Downtown Summerlin
(Las Vegas, NV) are both outdoor centers offering a down-town like atmosphere. Serving as a
central hub for the surrounding community Ward Village and Downtown Summerlin
incorporate not only retail but a wide range of services and offices. Moreover, PSC currently
provides security services at six (6) of the eight (8) properties that comprise the Centennial
Collection on behalf of Centennial Real Estate. These six (6) regional shopping centers are
located in California, Colorado, Illinois, Washington and Connecticut serving diverse
populations, in suburban communities.
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PSC currently provides security services at twenty-six (26) super-regional shopping centers on
behalf of Starwood Retail Partners. Centers are spread across the United States from California
to Florida and Michigan to Texas. PSC for example currently provides services at, Plaza West
Covina (West Covina, CA), Parkway Plaza (EI Cajon, CA), Wellington Green (Wellington, FL),
Westland (Hialeah, FL), Fairlane Town Center (Dearborn, MI), The Shops at Willow Bend (Plano,
TX), and MacArthur Center (Norfolk, VA). In addition to the two Florida Starwood locations,
Westland and Wellington Green, PSC also provides services to CityPlace a Related property in
West Palm Beach which serves not only as a major retail center but a hub for community
activities in this large outdoor facility in the heart of Downtown West Palm Beach. Moreover,
PSC services all nine (9) centers within the Pacific Retail Capital Partners portfolio such as
Galleria White Plains (White Plains, NY) and Eastridge Center(San Jose, CA).
Similar to Starwood Retail Partners and Howard Hughes, PSC manages security at 27 super-
regional centers for Brookfield Properties Retail Group (formerly General Growth Properties)
from Idaho to Maine. Many of these locations serve both the suburban and metropolitan areas
for example Providence Place (Providence, RI) is just walking distance to the Rohde Island State
House whereas Coral Ridge Mall (Coralville, IA) is in the suburbs of Iowa City. The Shops at La
Cantera (San Antonio, TX) is an outdoor facility catering to high-end retail establishments
combined with a park like feel, whereas the 26 other locations are traditional indoor shopping
facilities. In addition to Brookfield Properties, PSC currently provides similar services to
CenterCal Properties in California (The Collection at Riverwalk), Washington, and Utah (Station
Park) servicing two large outdoor retail facilities that serve as community hubs similar to
CityPlace in West Palm Beach, Florida.
These eight (8) clients are very similar as all have medium to large security deployments at each
of their malls that include dispatch centers, foot, bike, and vehicle patrol. Additionally, all have
comprehensive training programs that include defensive tactics, conflict resolution and a
proactive customer service approach that fosters a friendly and inviting shopping experience.
Being a full-service provider of comprehensive security solutions PSC additionally, provides
services to many neighborhood shopping centers located throughout the Western United
Sates. Serving both Brixmor and CBRE locations PSC prides itself on providing the same level of
dedication and attention to these small sites as we do for our large locations.
K-12 & Higher Learning Institutions- PSC has serviced many Primary and Secondary Institutions
throughout the Greater Los Angeles Area such as Marlborough School, Willows Community
School, Westside Neighborhood School, and Milken Community School providing both access
control and patrol services to the various sites. Under these circumstances' PSC has developed
a comprehensive understanding of the unique position and special situations that may arise
and face the educational environment in terms of safety and security. Since 2013 PSC has been
providing various security services to the University of California, Los Angeles at various sites
throughout the Westside of Los Angeles. Under the direction of the UCLAPD PSC provides
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armed security services for several of UCLA's Professors' residences along with patrol and
access control services for the UCLA Extension campuses in Westwood. Moreover, we have
been contracted to provide additional services to various campus departments, which has
included fire watch, threat response, equipment monitoring, and event security for numerous
events hosted by the University and/or the Associated Students, University of California, Los
Angeles. Most Recently, PSC has expanded its relationship with UCLA to include services at the
UCLA Hammer Museum located in Westwood Village.
Office Complexes/Mixed-Use Facilities-Since 2002 PSC has provided services to various Class A
and B Office Buildings that can house medical facilities, and numerous mixed-use facilities
throughout the United States. Complexes have ranged in size from two story buildings housing
a single tenant to those with over 10 stories and a multitude of tenants. Regardless of the
building/facility size PSC has catered a customized approached to meet the needs of our clients.
Examples of these facilities which we currently or previously have provided services for include
the Columbia Operating Properties (Columbia, MD), Marina Business Center (Marina Del Rey,
CA), One Baxter Way (Westlake Village, CA), The Roxbury (Beverly Hills, CA), Granada Building
(Los Angeles, CA), 1801 Building (Century City, CA), Bulletin Building (San Francisco, CA),
CityPlace Tower (West Palm Beach, FL), Phillips Point (West Palm Beach, FL), and West Valley
(Canoga Park, CA). In addition to the traditional Office Complex, PSC currently provides services
at various sites, primarily designed for retail use, that also include Class A and B office space.
Generally, these facilities are tied to a Regional Shopping Center with service-oriented
occupancy such as those located at Downtown Summerlin (Las Vegas, NV), Town Square Las
Vegas (Las Vegas, NV), Westfield Wheaton (Wheaton, MD), and South Street Seaport (New
York, NY).
Residential Communities- PSC has provided security services to many residential communities in
both the Los Angeles and Florida markets, ranging in both size and scope, from simple access
control to a fully functional community patrol. Within the scope of these services' PSC has
provided a professional and courteous approach to maintaining the necessary atmosphere of a
residential community, by emphasizing the customer service aspects of security and the
sensitive nature of residential communities. Examples of these facilities which we currently or
previously have provided services for include Westwood Village (Los Angeles, CA), Mountain
View Estates (Calabasas, CA), Empire Landing (Burbank, CA), The Oaks (Calabasas, CA), The
Prado (West Palm Beach, FL) and ST. Andrews Palm Beach (West Palm Beach, FL).
Special Events-PSC currently provides services to various production companies on an as
needed basis throughout the United States; in addition to these companies' PSC has extensive
experience in Grand Opening Events for Regional and Super Regional Shopping Centers.
Regardless of event type each event begins with an introductory meeting with clients and/or
their representatives, as part of our security operations plan which will ultimately lead to a
mutual decision regarding deployment, and event needs such as equipment, executive
protection, access control or simply traditional security patrols. Some of our notable events
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have included the Elton John Aids Foundation Oscar Party, Revlon Run Walk, Chloe Kardashian
and Lamar Odom Wedding, Michael Jordan Wedding, Mark Zuckerburg Wedding, Governors
Ball, Private Birthday Parties, Downtown Summerlin Grand Opening and the Grand Openings of
Westfield Topanga, San Francisco, Century City, Valencia, Santa Anita, and the World Trade
Center.
Approach to Scope of Work
Equipment and Uniforms
PSC will be using different kinds of security related equipment such as handcuffs, vehicles,.
Casemobile Devices etc. (determined by client request and RFP specifications) that will allow us
to effectively patrol and document our activities. All security officers deployed to the Pompano
Beach CRA will have the following equipment on a security duty belt, worn by all security
officers.
• Light-weight heavy duty leather belt.
• 2 Way radio and/or smart cell phone with holder.
+ Handcuffs with holder. (All officers will go thru "Use of Force" training and hand cuff
training.)
• Leather gloves with pouch.
• Mini-Mag flashlight.
• CPR Mask and holder. (All officers will go thru "CPR/First-Aid"Training).
The officers will be wearing a high visibility Class B uniform. For example, it will be a Standard
Two-toned (Yellow/Navy Blue) Class B Polo shirt with security patches clearly displayed on the
shoulders of the shirt and a security badge affixed on the front upper left breast of the shirt (as
determined by the client, sample pictures are included in the appendix portion of the proposal
document). The officers will be wearing Navy Blue BDU Pants/Shorts (as determined by the
client).
Day to Day Security Operations
The PSC team will have a dual role in their daily patrol functions. One will be to act as an
"Ambassador" on behalf of the Pompano Beach CRA, whereas the second role is to enforce a
"Code of Conduct." The "ambassador role" of the officer is to be a high visibility representative
of the client for patrons and visitors. The security ambassador will offer customer service to
those that ask for it and those who may look as if they need assistance. Examples are directing
visitors to businesses, answering questions about shops and restaurants, providing escorts to
those that request it (including tenants who request an escort to their car), assisting persons
who may be lost or require help, and using "casual contact" to those persons who may be
suspicious. This lets the suspicious person know that they have been identified by security and
security is aware of their presence.
The second role of the security officer is to enforce a "code of conduct" (as agreed upon by the
Pompano Beach CRA) deter crime and misconduct through high-visibility patrols and
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interactions with suspicious individuals, report violations of the law to the police, be keenly
aware and enforce issues of homeless persons, vagrants, deter and break-up fights and/or
disorderly conduct that interferes with the family-oriented atmosphere of the shopping center.
Security will patrol by several means including walking, bike riding (if applicable) and vehicle
patrol (if applicable). Depending on the day and time, the site supervisor will determine the
type of patrol during each shift in consultation with client demands to achieve the best results
and optimal coverage..
Officers will use the latest technology to report incidents that occur and to record their patrols.
PSC uses several tools to accomplish this. One is the CASE Mobile Smart-Phone, this mobile
phone acts as a guard patrol tracker where security officers will scan points strategically placed
throughout the assigned area. This allows the officer to better plan their patrol and ensure that
all important parts of the specified patrol area are patrolled on a regular
basis. The guard patrol tracker also allows management to review patrols .. .
on a wholistic basis, seeing each scanned point along with GPS trails.
The CASE Mobile Smart Phone also allows the officer to document daily
patrol activities that are normally done on paper. Activities such as
"stairwell checks", "parking lot surveys" and other types of routine daily
duties will be entered into the smart-phone and then downloaded via Wi-Fi ,x
so a "real-time" digital daily log will be built during each officer shift.
Officers will use the Casemobile device to access the CASE Global Incident
tracking system to input incident reports. This system allows incident data
to be analyzed at "the push of a button" and is a "live-instant database" to anyone who needs
to review an incident report. Maps of the area will be loaded into the Incident tracking system
which allow "pin-mapping" of incidents which will allow the supervisors to adjust deployment
and develop strategies when certain areas are experiencing more incidents than others.
Additionally, Security Supervisors will be visiting with tenants on a weekly basis to address
tenant concerns. This interaction with businesses will allow a steady communication between
security and merchants so a rapport can develop. PSC finds that with an effective channel of
communication in place by security, incidents can be deterred and handled in a professional
and immediate way.
The Pompano Beach CRA will be broken up into patrol "Zones". Zones allow officers to
concentrate on a specific area to patrol. Crime data, personal observation, and input from the
management staff help PSC define and establish patrol zones. Some zones may be bigger than
others but the overall philosophy of the zone is to give a specific area the attention it deserves.
PSC has a central command center that will be utilized by the security officers. When an
incident is reported to security the CASE Global command center is notified by the officer
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handling the incident or an on-shift supervisor. The command center can then assist in
notifications to shopping center management personnel, police, and fire while concurrently
notifying additional security officers to respond if necessary.
Post-Orders, including emergency response plans will be developed for the security team. Post
Orders are both general security and specific duties, policies and procedures that are carefully
detailed and developed in conjunction with staff. Emergency Response Plans are carefully
crafted for each location to ensure that whether a fire, tornado, or explosion occurs, security
officers will have the necessary guidance needed on how to prepare and react to save lives and
property.
Emergencies and Preparation
PSC organizes emergency response teams (ERT) for each region in which we operate. This ERT
is a team of specially trained officers that respond to a critical incident such as: a shooting, or
explosion that will require additional staffing levels. Moreover, on a regular basis, PSC performs
emergency drills at its accounts. These drills can range from a fire, explosion or bomb threat
drill to an active shooter situation drill. Our drills include all entities and organizations that
would be involved in a real-time emergency. The local police, fire and EMS services are asked
and encouraged to be involved in our drills along with our client, and any other stakeholders
deemed appropriate.
Emergency Response
With a strong presence through the South Florida Region and employing nearly 1,000 security
officers in the area PSC can quickly dispatch a regional response team the City of Pompano
Beach CRA. Response teams are cross trained to work with various clients and can respond
armed if needed, team members are security officers, supervisors, assistant directors and off
duty police officers. PSC can dispatch its mobile command center, equipped with the latest
technology in CCN (telescoping mast for closed-circuit video surveillance), communications,
satellite TV, and emergency equipment to serve as the nerve center for deployed officers.
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Background Investigations/Personnel Selection/Retention Programs
To the extent permitted by applicable laws (including, but not limited to, the Federal Fair Credit
Reporting Act and Americans with Disabilities Act), Professional Security Consultants conducts
appropriate criminal background and reference checks of security personnel, including at
minimum the following:
• Criminal history search of both state and federal databases, for the past seven years (felonies,
misdemeanors, domestic orders for protection)
• Sex offender registry check
• State driving record check
• Pre-employment and random drug screening
• Employment references for the past seven years
• Verification of permanent residency
• PSC further represents and warrants that Form 1-9, Employment Eligibility Verification, issued
by the U.S. Citizenship and Immigration Services, has been properly completed for each PSC
employee that works at Pompano Beach CRA.
The selection process for PSC begins from the moment a potential employee completes an
application. Prior to moving on to the next stages of our selection process, all applicants
must meet a minimum set of requirements. PSC maintains an Employee Handbook which is
reviewed by all employees, covering all PSC policies. A strong emphasis is made against drug
and alcohol use and requires drug testing before an offer of employment can be made. An
acknowledgement of this is signed by each employee. Also, all employee certifications and
state requirements are maintained on our HR software system. If an employee's
certification, driver's license or any other documentations is about to expire, our system
gives us a system-generated notification a month before expiration. This system is overseen
by the respective site locations and corporate office.
Prior to entering our selection process, all applicants must meet a minimum set of
requirements:
• 18 Years of age or older where required by law
• 21 Years of age for armed personnel
• High school diploma or GED
• Able to read,write, and speak English fluently
• Possess prior security, law enforcement, military or customer service experience
• Possess a valid State Guard Card License/Certification.
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Zero Tolerance Policy Against Drugs and Alcohol
Drugs and alcohol are highly detrimental to the safety and productivity of employees in the
workplace. No employee may be under the influence of any illegal drug or alcohol while in the
workplace, while on duty, or while operating a vehicle or equipment owned or leased by
Professional Security Consultants.
The manufacture, possession, distribution, transfer, purchase, sale, use and/or being under the
influence of alcoholic beverages while on the employer's property, attending business-related
activities, on duty, operating a vehicle or machine owned or leased by Professional Security
Consultants and/or being in uniform is strictly prohibited. Professional Security Consultants
strictly prohibits the manufacture, possession, distribution, transfer, purchase, sale, use and/or
being under the influence of illegal drugs while on the employer's property, attending business-
related activities, on duty, operating a vehicle or machine owned or leased by Professional
Security Consultants and/or being in uniform. PSC adheres to Federal regulations and classifies
marijuana as a Schedule 1 substance under the Controlled Substance Act. It remains illegal for
any purpose. Violations of the policy against drugs and alcohol may lead to disciplinary action,
including suspension without pay and/or termination.
Subject to applicable law, the company reserves the right to require its employees to present
themselves for random, unannounced testing for compliance with its drug-free workplace
policy. The company will adopt an objective procedure, using a statistically valid number
generation process, to randomly select employees to be tested. Upon anonymous selection,
the company will notify the employee(s) to report immediately for drug testing. The company
solely determines the time and frequency of random drug tests. Any employee may be selected
for random testing in accordance with state/local laws. An employee could be randomly
selected for testing more than once a year. Refusal to submit to testing after being ordered to
do so may result in disciplinary action up to and including discharge.
Banned Substances: Illegal substances, as defined by federal/state laws, including:
a. Amphetamines
b. Opiates
c. Phencyclidine(PCP)
d. Cocaine
e. THC (Marijuana/Cannabinoids)
f. Intoxicants (drug and alcohol)
g. Synthetic drugs
Violations of the policy against drugs and alcohol may lead to disciplinary action, including
suspension without pay and/or termination.
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DRUG-FREE WORKPLACE FOR
The undersigned vendor in accordance with F10110a statute 287 087 hereby ceniltes that
. ..,, .:. ._ •. does
(Name of Business)
I Publish a statement notifying employees that the unlawful inanufaclure, distribution,
dispensing, possession. or use of a controlled substance is prof iblteci In the workplace and
&peed wttg the actions that will be taken against employees for violations of such proh-bition
2 inform emplavees about their dangers of drug abuse in lite workplace-, the business s peilicy of
maintaining a drug-free woikp°Face any available drug counseling, rehabilitation and enrplayee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations
3, rive each employee engaged In providing the commodities or contractual services that ate
under Proposal a copy of the statement
4 Notify the employees that as a Gond lion of worl+ing on the commodities of contractualservices
that are tinder Proposal the employee vv-ti aProposale by the tents of the statement and will
notify the employer of any convictoon of Of plea of guilty or nalo cantendere to any violation of
Chapter 1693 or of any controlled substance taw of the United States or any state, for a
violation occurring In the workplace no later than five 5r days aftc-r such conviction
5 Impose a sanction on of requore the salisfactnry participation in a drug abuse assaslancw or
rehabilitation program if such is available in the employee s rommumle, by any ernp'ayee who
is so convicted
6 Make a good faith effort to continue to maintain a drug-free vaorkp'ace through Implementation
of this seclion
As the person aulhorized to sign the statement I certify that this him comrhes fully with the Abave
requirements
t
Authorized Signatufe Date
s.-..Title
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Equal Employment Opportunity Statement
Professional Security Consultants is an equal opportunity employer and does not discriminate
based on an applicant's or employee's age (40 and over); ancestry; color; religion/religious
creed (including religious dress and grooming practices); physical or mental disability (including
RN and AIDS); marital status; medical condition (meaning cancer-related health impairments
and genetic characteristics); genetic information; military and veteran status; national origin
(including language use restrictions and possession of driver's license obtainable by
undocumented persons); race; sex (including pregnancy, childbirth, breastfeeding, and related
medical conditions); gender, gender identity, and gender expression; and sexual orientation, or
any other legally recognized protected basis under federal, state or local laws, regulations or
ordinances. All such discrimination is unlawful and all persons involved in the operation of
Professional Security Consultants are prohibited from engaging in this type of conduct.
This policy applies whether the individual has or is perceived to have any of the characteristics
protected by law or is associated with a person who has or is perceived to have any of the
characteristics protected by law.
Employee Recruitment
Professional Security Consultants utilizes various methods in our recruitment efforts to
attract qualified candidates to fill various roles. For management positions either at the
center or regional level, PSC first looks for qualified internal candidates who would be
interested in a leadership role within the company, before moving on to outside candidates
(dependent upon circumstances and location). With regards to overall staffing recruitment
PSC employs both traditional and internet-based recruiting campaigns, a sample listing is
tr
provided below. �j' F vtictz 4 cif � Y r E P
• Internal Database (access to
applicants with 100 miles) >> u
3
• Job Boards
• Targeted Digital and Social �'��� s
Media ,r
• Academic Institutions,
• Social Services (EDD Offices ,�s
etc.)
• Community (Family and
Friend Referrals)
• Job Fairs
• Print MediaWI�N
l
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Development and Retention of Personnel
PSC's invests in the development of its personnel by giving a strong pledge to handle its
employee relationships with the same dignity and respect as provided to its client relationship.
This, policy, tantamount to the methods used in large corporations to breed company loyalty,
has provided PSC the growth and retention of its employees. Building confidence in our
employees has created a relationship where employees are truly committed to their mission.
Each position, from security guard to regional director, receives specialized training and
support, eventually leading to promotion and recognition. Employees obtain a positive self and
corporate image through this employee-employer relationship. PSC also offers retention
bonuses for its employees, for time served with the company and excellent performance.
Employee Retention Programs
• Medical and Vacation
• Rentention Bonus-1 Year Anniversary
• Referral Bonus
• Employee Award and Appeciation Events
• Tenure Awards
• Holiday Pay
• Nationwide Transfer Opportunities
• Internal Promotions
PSC Health& Benefits
• Our company offers medical, dental and vision plans for its eligible employees that work
full-time after 60 days of employment. The medical program is offered through Atena
and provides nationwide coverarage with an extensive list of provider. The dental and
vision plans through Guardian and VSP at group rates.
• PSC offers one week of paid leave/vacation after one year of service and/or bonuses.
• Security Officers receive a bonus after 1 year of fulltime service (36 hours per week in a
52 week period) of$400 or one workweek of vacation.
• Security Officers are recognized with a gift card for complements on service and
responding to noteworthy incidents.
• Assistant Security Directors get a bonus after 1 year of fulltime service of $650 or one
workweek(40 hours) of vacation.
• Security Directors get a bonus of$1000 after a year of fulltime service or one workweek
(40 hours) of vacation.
• Holiday Pay
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Scheduling Program
PSC requires each security department to utilize detailed forms (hard copy and/or online) to
evaluate department operations, These include scheduling, deployment, and other related
operational tracking forms. With regular monitoring of the security departments operation, the
quality control department can ensure that we are providing the best possible levels of service
to our clients. PSC strives to accommodate all ,
staffing request and adjustments to achieveA
the optimum level of deployment. Through , a
regular review and analysis of incident 57 'r
reports and monthly statistical reports ,
directors adjust daily staffing ander;
deployment schedules to complement any R �
changes or trends in the centers activities
whether they are criminal, liability or 7 :',i` x
otherwise that requires the attention of a
proactive approach to security. t t
PSC will make every effort to schedule staff
on a consistent basis to normalize staff l
operations and create a business-oriented
atmosphere.
Process to Guarantee Adequate Staffing mr R
Levels:
M :
• Minimum of 3 backup officers (pre-
screened
pre Screened/pre-trained) a z a777 17 '.. ,# ,i ,'°
m - . .
• Rotating Training Program t
a s R
officers from other shifts and those that ,
are on duty at nearby accounts) .
• Emergency Response Team — A group of m, R, sA ,
security personnel and off duty policed ` �R
officers that are able to quickly respond � "
� .
to our location in the event of an
emergency or unexpected absence
(certified by Homeland Security) C MAUX k
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Training
The qualities that distinguish PSC from other security companies are our training, certification,
accountability, and transparency. Most security companies only require an employee to obtain
a state security license. PSC has taken it a step further with a different approach. PSC has
obtained its certification through the United States Department Homeland Security and the
Safety Act for our training and world-renowned Incident Management Software, CASE Global.
PSC arms our guards with additional training that is not generally required by a state's security
licensing authority. Furthermore, in addition to our Department of Homeland Security
approved training, PSC also gives an additional 32 hours of training consisting of site-specific
(gangs/graffiti/homeless/juveniles), CPR, first aid, AED, customer service, conflict resolution,
sexual harassment, safe driving/vehicle training, bicycle patrol, blood borne pathogens,
biological threats, emergency preparedness, tactics, incident reports, basic firefighting, officer
safety/position, handcuffing/defense, officer liability, use of force, powers to arrest or detain,
bomb threats, suspicious person/package/vehicle, and teaming with a supervisor before
deployment.
A comprehensive and relevant training program is the foundation of every security/asset
protection plan. PSC continues to implement leading-edge training programs for our internal
and external customers. Our training is not a standard program designed to fit every kind of
property; it is a comprehensive, career-length program designed to meet the diverse needs of
customers and industries,. PSC's incorporates various methods of instruction including
Classroom Lecture,Active Hands-on Participation, DVD Video and PowerPoint Presentations.
Classroom Instruction to Include:
✓ General Security Training and Orientation (Employee Policy and Procedure)
✓ Workplace Safety
✓ Vehicle/Cart/Segway/Bicycle Patrol & Safety (where applicable and in addition to hands
on participation)
✓ Case Global and Advanced Computer Skills
✓ Customer Service/Community Relations (including mock scenarios)*
✓ Workplace Diversity
✓ CPR/First Aid/AED include the hands-on certification
✓ Facility Specific and Specialized Topics (including a site tour)
✓ Cross-trainiing between local accounts
✓ Terrorism Awareness/Active Shooter combined with DVD Video Instruction*
✓ Emergency Response/Crisis Training coupled with Biannual drills*
✓ Scenario Training (such as Demonstrations, Crowd Control, Traffic Control,
Weather/Natural Disasters, Bomb Threat, Explosions, Fire, Disability Awareness, Sexual
Harassment)
✓ Pompano Beach CRA Specific Training (such as City Rules & Regulations, Methods for
Homeless/Loiterers & Drugs/Alcohol Users, Facilities Security Policies, District Policies,
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Opening and Closing Specified Facilities, Escorts, Facility Reports [graffiti, broken
sprinklers, fencing etc.] and Security Sweeps of Facilities or Offices
*Training material for this training has been developed and incorporated into PSC's training
program from various agencies such as the Department of Homeland Security/Commercial
Facility Sector(DHS), ICSC, RER, Homeland Security Information Network(HSIN).
On-The-Job training by certified trainer:
A hallmark of our training programs is the Certified Training Officer (CTO) program. To ensure
the consistency of our on-the-job training programs, every location in which PSC provides
security officer service has at least one designated training officer who conducts all training. A
CTO is generally, a senior officer or supervisor who has the skill set and knowledge in both the
industry and facility to coach the new employee, these officers often act more as a mentor
rather than a person of authority. Usually each new officer will spend 3 days (24 hours) of
supervised on-the-job training with the CTO, to grasp the fundamentals of the security officer
role.
Regional Inspection &Training Officer
Each region is appointed an inspection / training officer. This individual regularly visits each
property in the area to conduct inspections of security department operations including but not
limited to payroll compliance, completion of forms, patrol patterns/techniques and awareness.
During these inspection visits the Regional Inspection Officer also holds refresher training
sessions to maintain the high level of competency among our officers.
Job Knowledge Testing
All personnel are required to pass both written and practical job knowledge testing prior to
assuming duties for the first time. Although experience is the key to a successful security
program, our job knowledge testing is designed to make sure new team members start off with
the tools and knowledge they need.
Provisions for Periodic Updated Training
❑ Online Training Modules
❑ Self-study Modules
❑ Quarterly Refresher Training
❑ Skills Improvement Training
Vehicle Patrol &Safety Training
Only state licensed drivers are allowed to operate PSC and client owned Vehicles/Golf Carts. In
addition, all drivers must have a clean driving record (Verified from the state driving printout)
before the officer is authorized to patrol & operate. Training is provided through classroom
instruction as well as Pre-patrol training with On-the-job Certified Training Officer in the field.
Classroom instruction consists of Driver Safety Operation Material which requires a test upon
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completion. Hands-on Driver Training is conducted with the Certified Trainer in the field which
evaluates officer's pre-driving check of vehicle safety inspection and driving operation in the
field.
Resolving Conflicts
To help prevent & resolve conflicts, PSC conducts both Customer Service & Diffusing Hostile
Situation Training. These two components are part of the training to help curb and resolve
issues. PSC Security Officers understand how a minor incident can quickly escalate into a major
incident. To defuse these situations, PSC Officers will listen and address every incident in a
professional manner. Our approach is to instill in our guards the values of being courteous,
friendly and projecting a positive attitude. These simple human abilities reflect on the
individuals around you, causing them to be more compliant and respectful. This is why our
customer service skills and ongoing training are such a crucial part to our success.
PSC Managers and Supervisors will do a follow up to each conflict to address how it began,
what methods were used to defuse it, how it can be addressed in the future to prevent similar
conflicts. Managers and Supervisors will also share this incident/experience with other posts
and employees, whether affecting them in a positive or negative way, and the solutions they
used to help resolve each particular situation.This gives our security guards more knowledge in
day to day decision making and how to be more proactive.
Public Relations
PSC will ensure security personnel are alert, courteous, efficient and conscientious. Security
personnel will work to gain the respect of the people with whom they come into contact, be it
the public, tenants, customers, police or emergency service personnel. PSC will ensure its
security personnel will have a working command of both spoken and written English in order to
communicate clearly and professionally with the public, tenants, customers and fellow
employees alike. Security personnel will not use offensive language at any time and will
maintain their self-control in difficult or stressful situations and remain courteous at all times.
Combined with training in customer service, conflict resolution and public relations PSC security
officers are given the necessary tools to work in a proactive manner with customers, tenants,
employees and coworkers alike.
Emergency&Situational Awareness Drills
PSC conducts ongoing emergency drills at our shopping centers with management,
housekeeping, local authorities (police, medical/fire department), federal agencies and other
stakeholders deemed appropriate such as tenants, mall walkers etc. on a biannual basis to
ensure all stakeholders are prepared and equipped with the necessary tools should an
emergency situation arise that deviates from a general security matter. Drills range in scope
and size from a simple fire drill to a full-scale evacuation related to a major earthquake or a
heavily armed active shooter.
Pr h ik ed& Confidential 32.
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Sample Training Program
Pre-Patrol Training
(Before the security officer is in uniform and patrolling alone)
• Security Officer Introduction
• Workplace Harassment
• Blood borne Pathogens
• Driver Safety/Bicycle Patrol
• Unattended Packages/Bomb Threats
• Personal Safety and Liability
• Customer Service/Community Relations
• Post Orders/Statement of Work
• Property Layout/Site Specific Training&Testing
Within 30 days of hire
• Report Writing/CASE Global
• Fire Prevention/Fire Fighting
• Read PSC Security Operations Manual
Within 90 days of hire
• Conflict Resolution
• Use of Force/Handcuffing
• Safety and Positioning
• National Threat Level Implementation
• PSC Operations Manual Test
• CPR/AED/First-Aid
Quarterly Continuing Education
• Unattended Package/Bomb Threat*
• Terrorism Awareness/Active Shooter*
• Emergency Response/Crisis Training
• Driver Refresher
• Site Specific
• Customer Service Training
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Pi'o essl onal
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Annual Continuing Education
All above training programs are re-trained on an annual basis.
Every Training Program is issued a "Certification"
CERTIFICATE OF COMPLETION
This certificate is awarded to
For the successful completion of
PSC ANNUALTRAINING
Training topica included:
Hancufflng
Harassment
Blood Sam Pathogens
Driver training
CASE Global
Personal safety and liability
Safety and Positioning
Use Of Force
Conflict Resolution
Slo Threat
Fire Fighting
M.•K aYi(.�?x
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PSC Training Verification Software
Dynamic Report that Follows All PSC Personnel Training
PSC Training Requirements State Requirements
N.4 stabts Pre aStk 30 Days 93 C Ys ties t r Srate A ata 6 Sate w'
3---n FWwan A.ctve trectgrofseanty ilT'911 7 S115 M.05 Yep" °des Yep v 303 Tel Yes Yes
e 3a ez Active- 121161-1002ar 12116" i 5,115: 5 Y Y _. 51 1r 1 Yes des YOU 3+1
... blv4hte ... True �3ffCit: P - 1� 3 5151 ;:5 8t _ Y'a Na
y f f Y r4a rsfa eta
u5tn.5ffgr4m AChe; Mut e Officer 12 21 2u+32 515f2$36
Y 1 YeY Yes ` a Yes1 s ro
Rubert Hero Acnve°< off Duty Poke Officee 1421,12002 5115 Na g Yes Na ?� Yes r n1a a
C;es ie.Td Actve l 7;2
271,2n3S3. 5`I5tY,u6 YES i Yes YES 51 198 _ Yes Yes Yes 193
Robuto Cuevas Ach: Sec to Officer 31[14:2004 S11512DO5 Yes Yea Yes i Yes Yes Yes 'Yes Yes Yes
Y' sea Andemn Ac4ve se=ty0ffic 11/2d'25C4 15f2Fj6 Yes Yes yeses 321 'fes Yes LIS 321
M=4 5&v1trwQLn kt* saminityoficer 7„'16f-1 5 Sflsr&M Y'esY Yea 81 12 Y Yea Yes 'Fes
tat Derme +yam Active l Semelty Omcer 31,12W.5 511 I.r.,036 YES Yes Yea 81 207 Yes Y"e Yes r
mStem Okrt Ac ve styoffi 10"17tMN5 S,15M-16 Yes ! v Y 4 c Y Y Yes 132
A aMM'"Me4 Acme SecmtyOfficer 12iisc o5 5;'is,006 fez, I Yes Y 242 Y tes # 342
e.
M&ael RodyAxz A-Me Rimwer 112fX&I 5115,2IM Yes Yes Yes Yes 363 Yes Yes yft 363
Enck N%Tal Acsre WUves-tor V1 M, 16 5'ISpow Yes I Yes Y al �es Yes Yes Yes Yes
rlwmo Mfes AMe Se=tY Jffi 4,+"9fw” 5115f200- Yes
.... Yes
u. Y Yes
Ad,;—_d av 3Q HyYsIDaYs mtedy 6 A State Y ..6 6 ate s i
s teete {z {B [. (D• { �;
ire t w,era Actrve _ Sa=ty Oftw 1112212 5 71122006 Yes Yes yeg Yes Ye Y Y- _YYpts 335
Dowd Co mh ncer 111 2f 21/n/ 'rJ6 Yes � Yes Yes 91 'Yea Yes ?es Yds 3i6
&kx-,zwxv s ACLve Searstya7ffoer 2;221'X^1.17 2,1.39 G7 Y I "Yes Y yes =4^ les Yew Y 71=
_.
..Y AT"I"'2s Acbve i Searltyoffcer 3[181"2007 3 ta127aC 7 Yes, Yes Yes ai 5S Yes Ye, Ye Y s
® _ - v _.
9 mc t ';..sf., AMe --._ Se xltyOff„,w -_-11Q�2VV07-- 12,a�.M.� . Yes : 32, Yes "fes Yes 27 I.
Leto. Acb:e Se,arityOfficer -1,'25f :Y ASS'. HeidYAfteaga25 +Y *Yes Y Y;2
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Security officer w ._ ---
itnA,o"Ya°Yo Act;ve sewityoffiaer 5,=St'2 37 5Fo91UFashion Square Yas Ila Yes Yes Yes 117
k r wI=2era Acme 11.-,N '7 5 Z 'i17" — 91 01 'fez yes Yftno
In addition to our Pre-Patrol, 30 and 90 Day Training PSC conduct ongoing quarterly and annual
refresher training on selected topics. We achieve this through physical instruction & testing,
emergency drills, DVD's and interactive computer presentations. All training is monitored,
checked and scrutinized in our HR Software System. If a training module is about to expire, the
system will notify our corporate office as well as the security director of the impending
expiration. It also checks and notifies corporate staff along with security directors of an expired
guard card, driver's license or any other documentation within 30 days of expiration. A report
can be generated for a client at a moment's notice.
Quality Control
Quality Control is a priority of PSC as each client's goals and objectives are a corner stone of our
success. PSC is committed to offering the highest level of service throughout the duration of
our agreements. To achieve this commitment PSC employs varies methods to track progress,
feedback and operational standards. Our quality assurance policies ensure that all employees
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are properly trained and understand the duties and requirements of the Client throughout the
duration of the contract. All PSC quality control practices and mechanisms are applied to all
employees in all departments. Any delivery of substandard performance is dealt with
immediately to ensure the highest level of quality service.
Methods for Quality Control
The CASEMobile Tour, Dispatch, and Human Resources System Software, along with the CASE
Global Incident Management System, Vehicle GPS, in person Audits, Unannounced Surprise
Inspections, and daily/weekly/monthly reports are just a few mechanisms deployed by PSC to
ensure our quality of services. On a daily basis to ensure posts are covered at all times, as well
as the performance of an officer, Field Supervisors will utilize these tools and resources for
contract compliance and quality control. PSC will have a Regional task force of Security Officers
in the surrounding areas that will always be ready to dispatch in case of emergencies and/or
last-minute call offs. Additionally, our inspection and quality control forms can be completed
both in hardcopy and online formats that allow for ease of access.
Moreover, our regional directors regularly meet with clients and their representatives to gain
their prospective in the level of service provided and address any concerns they may have,
considering that customer satisfaction is an accurate determining factor in the level of service
provided.
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CASE Global
One of PSC's added values to the security industry is CASE Global (www.caseglobal.com), a
Computer Assisted Security Environment and division of PSC. CASE Global is a web-based
reporting, tracking, notification and emergency planning system. CASE Global's corporate office
is open from 8:30am to 5:00pm Monday thru Friday with a 24hr Command Center and is
located in Los Angeles, California.
CASE Global's main goal is to provide our Clients with a useful, affordable solution for
integrating safety, security and risk management information across the organization via the
web.
CASE Global is comprised of the Case Planer, Case Reports, 24-hour Command Center,
Background screening and other integrated services.
CASE Global gathers information in one center location for remote access to any faculty from
anywhere, at any time.
CASE Planner—A collaboration and management tool for planning and emergency response.
CASE Reports —Standardization tool for various facility departments and program analysis tool
for risk reduction.
Background Screening —Able to conduct Criminal, Credit, and Social Security records searches
nationwide. Today the risks are too high to allow even one bad hire or lease. False identities,
employee crime, and security risks make pre-employment screening and pre-leasing screening
crucial to your continued success.
CASE Global "Mobile Command Center"
The need for an on-site Mobile-Command-Center is especially important for special events and
emergency situations. This state-of-the-art nerve center can disseminate and relay
communications to any position inside or outside the trailer, to a centralized location or
corporate office around the world. Every event, large or small has people and equipment that
need to be protected. With CASE Global Mobile-Command-Center and PSC deploying our highly
professional and experienced guards would be the first and only step you need. This command
center is equipped with a telescoping mast for closed-circuit video surveillance. It also features
a satellite dish, internet access, 37-inch monitors for television local news reports, weather and
external cameras. The external cameras include fixed and rotating PTZ to shoot any type of
footage needed during an emergency or disaster. They also utilize IP wireless cameras for
surveillance in the field; complete exterior lighting for night work. Additionally, expandable
work stations are built into the side of the rig.
CASE Global Incident Tracking System
CASE Global Incident Tracking System software is a web-based real time reporting and
notification system used by management, supervisors, insurance companies, maintenance and
security alike to track, analyze, graph and compare data to visually see trends. This data can be
from any type of incident; accidents, injuries, maintenance, etc., and allows you to compare
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Pro essiorral1„ti ��
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data in different formats, such as: day to
day, month to month or year to year. It
- q 4
automatically sends notifications to
managrs, supervisors, insurance companies .
or whoever you choose to be notified for50,
whatever type of incident. Notifications are
system-generated and sent through email
(computer and cell phones). Also, as a
secondary back-up, Professional Security
Consultants 24hr Command Center also
�nWcalls with a follow-up. Its simplicity is what „ ,r uE vo�t,, �° �n z
eo k4. F,
attract most Clients.
CASE Mobile Technology
Officers will use the latest technology to report incidents that occur and to record their patrols.
PSC uses several tools to accomplish this. One is the CASE Mobile Smart-Phone. The mobile
phone acts as a guard patrol tracker where security officers will scan points strategically placed
throughout the property. This allows the officer to better plan their patrol and ensure that all
areas of the property are patrolled on a regular basis. The guard patrol tracker also allows
Client management to review patrols when requested, the site supervisor to review an officer's
patrol after his/her shift and provide a document of patrol in case of litigation.
The CASE Mobile Smart Phone also allows the officer to document daily patrol activities that
are normally done on paper. Activities such as "stairwell checks", "parking lot surveys" and
other types of routine daily duties will be input into the smart-phone and then downloaded via
Wi-Fi or cellular service so a "real-time" digital daily log will be built during each officer shift.
Integrated with the CASE Global Incident Tracking System office will input incident reports
immediately following the conclusion of the incident into the system via the shortcut built into
the smartphone device. This system allows incident data to be analyzed at "the push of a
button" and is a "live-instant database" to anyone who needs to review an incident report.
Maps of the properties will be loaded into the Incident tracking system which allow "pin-
mapping" of incidents which will allow the site supervisor to shift deployment when certain
areas are experiencing more incidents.
The property will be broken up into patrol "Zones". Zones allow officers to concentrate on a
specific area to patrol. Crime data, personal observation, and input from the onsite
management help PSC define and establish patrol zones. Some zones may be bigger than
others but the overall philosophy of the zone is to give a specific area the attention it deserves.
For each of these sites, PSG remains in close communication with our staff to assure they are
provided the resources for success in their assignment. We track the results through our(1)
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CASE Global Incident Management Software System, (2) Dispatch Software System, (3) HR
Software System, (4) GPS for Vehicles (Upon purchase request from client) and (5) CaseMobile
Device: These tools and resources help clients and us with our management strategies. These
same techniques will continue to be implemented in our work with Pompano Beach CRA.
These systems will track our progress by showing our post coverage (patrol, breaks, lunch, start
and end of shift, etc.). At the end of each shift, the data is uploaded into a computer system
where it is checked and scrutinized by post supervisors & directors and is a key of our
transparency and accountability processes.
1) PSC owns created and utilizes CASE Global, a web-based real-time Incident Management
reporting, tracking & notification system which is certified by the Department Homeland
Security through the Safety Act. Clients can get an email notification to their computer
or cell phone as an incident occurs in real-time with an incident type and link to a full
report. Clients can also run statistical analysis reports to see how many incidents at a
location, how many slip &falls, thefts, vandalism, etc.
2) PSC owns and created and utilizes a Dispatch Software System to monitor our officers
shift arrival time, patrol activities (customer assists, wet spills, tenant violations etc.),
lunch and end of shift departure times. A report can be generated for a client at a
moment's notice. Additionally, we use the Casemobile Time & Attendance as a means
to track the performance of hours for both billing and payroll purposes.
3) PSC owns created and utilizes an HR Software
System that monitors the expiration of
employee certifications such as CPR/AED
Cards, Driver Licenses, State Security License,
and various training modules. This same
concept is equally applied to security vehicles
to ensure oil changes, registrations and „ �`
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11 Ao
routine maintenance are conducted on a ' a
regular basis and in compliance with
warranties and laws. The system will `
automatically notify us 30 days before
expiration or due date and is monitored by the
respective site locations and corporate office. A report can be generated for a client at a
moment's notice.
4) PSC uses GPS technology for tracking our Security Vehicles. Online access allows us to
view driving history, set up geofencing and monitor coverage at each post/zone.
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5) CaseMobile Solution is a real-time physical security software technology designed to
manage officer presence and capture all of the data generated from day to day security
operations. CaseMobile Solution will enable the security officer to utilize a mobile
"smart" device to capture information and provide assistance while on patrol.
Defined or Random Tours
Location Tracking and Geo Fencing
Time and Attendance
Risk Management Analysis
r GPS Panic Button System
Customer Service
r Inventory Management
Incident Management and Reporting
v Tools and Utilities
CASE Global Mobile Solution provides an enhanced monitoring mechanism by integrating the
Web and Mobile technologies enabling the security officer to utilize a mobile "smart" device to
capture information and update online systems while on patrol. This solution provides easy
tracking and maintenance of the entire security operation. It enables the security officers to
submit incidents, alerts and emergency messages quickly with pictures, videos and text
messages backed up with accurate GPS locations. It also helps to record and manage the
operations performed by the officer while on patrol. One of its key features is that the mobile
application is able to work both on and off-line with a two-way synchronization process running
either manually or by a redefined schedule, or automatically when the devices connect to the
internet via a Wi-Fi connection to synchronize the Mobile Device and the Web Based
applications.
Features &Benefits of CaseMobile
• Real-time Activity Tracking
• Increased Coverage by Field Personnel
• Improved Data Collection by Field Personnel
• Detailed Daily Activity Log
• Map based, real-time incident and patrol tracking
• Capture Time and attendance information for payroll
• Geographic boundaries to monitor officer presence
Web Based—Secure and accessible from anywhere, anytime
CASE Global Incident Management System software is certified by United State Department of
Homeland Security through the Safety Act. Our software, in conjunction with our security team
can compare to no other company. "It is a full security package."
(SAFETY Act Certification is included in the appendix)
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PSC Innovative and Added Values
• PSC has established a 24/7 Manned Command Center which is the central brain of the
CASE technology. We at PSC recognize each property as an "entity", and have
established a highly comprehensive and effective CASE Management database which is
designed to disseminate up-to-the-minute reports on location activity, summoning first-
responder services in a crisis environment.
• Incident Tracking System Trend Analysis- Detailed trend tracking of all aspects are
available on line. Regular conference calls are done with supervisors and Client Reps to
review incidents and discuss a plan to better improve any trend in activity and reduce
liability costs. This report system is approved and certified by the Dept. of Homeland
Security as a technology for Incident Management. This technology saves millions of
dollars in liability cases.
• Audits - Dedicated quality control department and audit personnel whom conduct
regular audits regarding policy, procedures, equipment, appearance and training of
entire security department
• PSC sites located within the local vicinity of each other can conduct cross training
between their security management teams that can work together in the event of an
emergency or any situation requiring an increase in personnel, be that a special event or
a call off due to officer illness.
• Monthly analysis of statistical reports from CASE Global Incident Tracking System for
client review upon request.
• PSC has a dedicated Training and Audit Specialist Department designed to regulate
quality control', of CPR, AED and First Aid Certification. All training certificates are
meticulously updated and housed in a database.
• Emergency Response Team -- Established and trained officers (off duty police,
supervisor, security officers, assistant directors) from within the region/local vicinity
that are able to respond to client locations within a short period of time to assist in
emergency situations and/or the need for immediate additional support.
• Mobile Command Center- Equipped with the CCN and communication capabilities.
• Guard Training � Unique officer training program based on state regulations, using
DVDs, interactive computer presentations, physical instruction and testing.
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Added Insurance Value
Professional Security Consultants, Inc. likes to have the security and protection when working
for Clients. That's why we have a Commercial General Liability coverage of $10,000,000 per
occurance instead of the standard $5,000,000 requirement.
Unlike the other companies, Professional Security Consultants, Inc. also carries third-party
liability coverage for Acts of Terrorism with a per-occurance level of$25,000,000.
COVERAGE LEVELS:*
• Certificate of Insurance for General Liability$10,000,000
• Certificate of Insurance for Automobile Liability$1,000,000
• Certificate of Insurance for Workers'Compensation & Employers' Liability$1,000,000
• Certificate of Insurance for Excess Auto and Excess Employers Liability$5,000,000
• Third-Party Liability Coverage for Acts of Terrorism$25,000,000
• Employment Practice Liability&Third Party$1,000,000
• Directors &Officers (D&O) $1,000,000
• Business Service Bond $100,000
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Contract Price-Option 1 Uniforms
Northwest district
Position and Hours Pay-Rate Billing Rate Total
Security Supervisor— $17.50 $25.88 $53,830.40
(40 hrs. /wk)
Security Officers— $12.00 $18.24 $75,878,40
(80 hrs. /wk)
Security Officers— $11.50 $17.54 $36,483.20
140 hrs.p/wk)
Security Officers— $11.00 $1&85 $1 1,373.4
(2 07 hrs.p/wk)
Weekly Hours: 367
Cost for Year 1 $347,565.40
East District
Position and Hours Pay-Rate Billin Rate Total
Security Officers $11.00 $16.85 $98,134.40
(112 hrs.p/wk)
Weekly Hours: 112
Cost for Year 1 $98,134.40
Note:Cost does not include State Use/Sales Tax. PSC will bill additionally, based on state's current
Use/Sales tax .
• PSC charges Time and half the usual rate for guards working during (6) national holidays (Ne
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving & Christmas Day) (This
billing will be billed additional during the holiday months)
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• PSC charges Time and half the usual rate for guards working during additional hours for
emergency and special events.
• PSC complies with all federal and state regulations, as such PSC provides employees with
uninterrupted duty-free 30-minute meal and 10-minute rest periods. Duty-free meal and rest
periods shall be uninterrupted,and employees shall not be on-call during these times.
• All rates are based on existing wage laws, should the laws force a change in the rate during the
performance of the contract, PSC will adjust the billing rates accordingly to comply with any
applicable minimum wage law. Prior to any change in rates vendor will first consult with the
owner.
• Either party may cancel service agreement with 30 days written notice to the other party.
Cost per hour includes (Equipment cost and use are shared between Northwest and East Districtsl.
1. 24hr Command Center - Dedicated staff to fully functional command center designed to
assist your organization in expediting the communication of important safety, security, and
facility information. (24-hour toll free assistance number: 1-888-CASE-210/1-888-227-3210)
• High Speed Internet
• Emergency Power Generator Back-Up
• Notifications via phone,text message, or email.
• Custom Notification Matrix
2. Guard Training (Certified by Homeland Security) - Unique officer training program according
to the state regulations, Using DVD's, Interactive Computer Presentations, Physical
Instruction and Testing.
3. CPR/First Aid training
4. Standard Two-Toned Security Uniforms
S. AED Training&Certification
6. Background Screening& Drug Testing
7. (5)Casemobile Cell Phone/Guard Tour Device (Include Nextel push talk)
8. (4) Patrol Bike
9. (5) Body Cameras
10. (1) Patrol Vehicle including gas, maintenance and insurance)
11. Additional Security Support provided by other area Accounts
12. CASE Global Incident Management Tracking Software (at no cost) * (Certified by Homeland
Security), . Case Reports is a Web based Incident Reporting and analysis tools, which is fully
customized to meet the needs of Pompano Beach CRA. Case Global Incident Tracking System
is a tool to capture incident and events of interest for its customers. The system has built-in
support for multi-level hierarchy for incidents and events.
*Case Global Software is a software tool used and owned by Case Global. At no time is it assumed that
Case Global property rights, source code or copyright will be given to the Client or contracting entity.
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Contract Price-Option 2 Uniforms
Northwest District
Position and Hours Pay-Rate Billine Rate Total
Security Supervisor— $17.50 $25.75 $53,560.00
(40 hrs. /w )
Security Officers— $12. 0 $18,11 $75,337.6
ISO hrs.p/w l
Security Officers— $11.50 $17,42 $36,233.60
(40 hrs. /wk)
Security Officers— $11,00 $16.73 $180,081.70
(2 07 hrs. p/wk)
Weekly Hours: 367
Cost for Year 1 $347,565.40
East District
Position and Hours Pay-Rate Billing Rate Total
Security Officers— $11. 0 $16.73 $97,435.52
(lit hrs. p/wk)
Weekly Hours: 112
Cost for Year 1 $98,134.40
Note:Cost does not include State Use/Sales Tax. PSC will bill additionally, based on state's current
Use/Sales tax .
• PSC charges Time and half the usual rate for guards working during ) national holidays (New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Christmas ay Tis
billing will be billed additional during the holiday months)
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• PSC charges Time and half the usual rate for guards working during additional hours for
emergency and special events.
• PSC complies with all federal and state regulations, as such PSC provides employees with
uninterrupted duty-free 30-minute meal and 10-minute rest periods. Duty-free meal and rest
periods shall be uninterrupted, and employees shall not be on-call during these times.
• All rates are based on existing wage laws, should the laws force a change in the rate during the
performance of the contract, PSC will adjust the billing rates accordingly to comply with any
applicable minimum wage law. Prior to any change in rates vendor will first consult with the
owner.
• Either party may cancel service agreement with 30 days written notice to the other party.
Cost per hour includes (Equipment cost and use are shared between Northwest and East Districts):
1. 24hr Command Center— Dedicated staff to fully functional command center designed to assist
your organization in expediting the communication of important safety, security, and facility
information. (24-hour toll free assistance number: 1-888-CASE-210/1-888-227-3210)
• High Speed Internet
• Emergency Power Generator Back-Up
• Notifications via phone,text message, or email.
• Custom Notification Matrix
2. Guard Training (Certified by Homeland Security)—Unique officer training program according
to the state regulations, Using DVDs, Interactive Computer Presentations, Physical
Instruction and Testing.
3. CPR/First Aid training
4. Standard Security Uniforms
S. AED Training&Certification
6. Background Screening&Drug Testing
7. (5) Casemobile Cell Phone/Guard Tour Device(Include Nextel push talk)
8. (4) Patrol Bikes
9. (5) Body Cameras
10. (1) Patrol Vehicle including gas, maintenance and insurance)
11. Additional Security Support provided by other area Accounts
12. CASE Global Incident Management Tracking Software (at no cost) * (Certified by Homeland
Security), - Case Reports is a Web based Incident Reporting and analysis tools, which is fully
customized to meet the needs of Pompano Beach CRA. Case Global Incident Tracking System
is a tool to capture incident and events of interest for its customers. The system has built-in
support for multi-level hierarchy for incidents and events.
*Case Global Software is a software tool used and owned by Case Global. At no time is it assumed that
Case Global property rights, source code or copyright will be given to the Client or contracting entity.
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Start-Up/Transition Plan and Schedule
PSC currently provides security services to the Pompano Beach CRA and would not require this
phase in the process of awarding the contract. However, we have included our transition plan
for informational purposes. The start-up/transition period is important in establishing a viable
contracted Security Services project. During this phase of the start-up/transition PSC works on a
30-day notification. Once we are awarded a site(s) we will be ready to start security operations
at the site(s) within 30 days. For each location awarded to PSC we will designate a Transition
Manager to oversee all the sites involved. This person is a Vice-President with PSC who has the
authority to make fast decisions when variables arise and has the authority to order and
implement the resources needed.
Each site will have two (2) or more PSC transition team members (amount of team members to
be determined on the size/hours of the site) wholly focused on that site. They will stay at a
hotel very close to the site as their attention will be needed at different times during the 24
hours of operation of the site. For example, the transition team will need to spend some time
with the graveyard/overnight shift to understand the duties/needs of that shift.
The activities to be performed are as follows:
(Note: All activities will be planned and organized around the current security operation as to
not interfere with their duties).
• Meeting with client management team for introductions, contact information,
understanding of site nuances and any anticipated challenges.
• Introduction meeting to the current security staff to discuss the transition, discuss PSC
and answer questions.
• Immediately advertise in the best local resources for security jobs needed at the site.
• Days 2-5: Assign dates for current staff to interview. The goal is always to retain as
many as current staff as possible.
a Complete PSC Application
o Background Check
o Guard Card Verification
o Uniform Sizing
o Training Verification (Example: If applicant has certifications [AED-CPR] confirm
validity of certification and copies)
• Days 6-10: Set up pre-deployment classes for initial training by PSC for current and new
staff.
- Pre-Assignment Training Classes to include:
■ Site Specific Training
■ PSC Introduction/Human Resources
■ Duties and Responsibilities/Functions of Security
■ Observation and Documentation
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■ Customer Service
• Radio Protocol
■ CASE Global/Report Writing/CASE Mobile
■ Legal Powers/Li mitations/PSC=Client Policies
■ Major Incident/Emergency Response
■ Utility Rooms/Risers
We will provide training sessions in the morning and afternoon so we do not disrupt
current deployment. (8-AM to 12PM) &(4PM to 8 PM)
• Equipment/Uniform Issue both officer equipment and uniforms. Officers will fit
uniforms and will go to the tailor for adjustments
• Days 11-15: PSC personnel, will continue to hire, and conduct pre-assignment and
supervisor training. Supervisor training to include:
, Supervisor/SD Training
■ Shift Responsibilities
■ Incident Response/Supervision
■ Incident Report review/corrections
■ Slip and Fall/Trip and Fall insurance submission
• Progressive discipline
■ Deployment/Zone Coverage
■ Complaints/Conflict Resolution
■ Critical Incident response/Notifications
■ Risk Management
■ Shift Paperwork/Record Keeping
■ Install Tour Guard System
• Days 16-20
■ Ensure all officers uniforms have been tailored appropriately
■ Set up and ready all computers and printers and have them 'but of
the box ready"
• Days 21-25
■ Train Officers in CPR/AED/First Aid as needed.
• Days 26-30
• Have several meetings where all new security personnel arrive in
uniform for inspection
• Final discussions on the transition date
• Answer any final questions
• Plan for any variables
• Location of these Activities:
o All of these activities will occur in a space given by the
management team (usually a vacant space or mall conference
room)
o We may also use a local hotel conference facility if needed.
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■ Responsible Contractor Staff:
Each Site Will have a Transition Lead (Usually a security
director from one of our other sites
2-3 administrative personnel who work as a team with the
Transition Lead
Facilities Surveys and Reviews:
■ The Transition Lead will gather site maps, current emergency plans, current site incident
data and local police crime statistics
Coordination between existing contractor and Client Management:
■ Our Transition Lead wil$ work with the current contractor to understand their current
schedule and staffing as to not interrupt current operations.
Current contractor will be told that it is the intent of PSC to retain all current staff that
wish to stay at the site.
■ Transition lead will get the contact information of the current security director and
general manager so he may remain in close contact with them as needs and variables
arise.
■ General manager will be given a transition outline to understand the activities and date
milestones.
Personnel and logistics items:
■ The personnel of the transition team will be assigned before they get to the site and
their names and contact information will be given to the site management team and
current contractor.
■ Current contractor personnel will be given a memo with the transition plan and date
milestones and will be clearly told what their obligations are to obtain employment
(including training and meeting dates).
■ All equipment and uniforms will be delivered to the local hotel where the transition
team will stay.
System Development:
■ The system development for each site will be customized by the transition team. The
overall transition plan will have to be customized for local variables.
■ Current emergency procedures and deployment plans will be referenced for the
creation of a site SOP and emergency procedures.
■ Once personnel have been hired the system for that particular site will be developed
into a "Site Specific Operation Plan" consisting of the SOP, Emergency Procedures,
deployment of personnel and an understanding of the available equipment to carry out
the plan (such as patrol vehicles, tour guard equipment, plan of patrol, etc.)
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Plans and Programs Development:
■ The programs development (related to system development) will be documented and
presented to the site management and the security command team (SD, ASD,
Supervisors, and officers).
■ These will include the SOP, Emergency Procedures, Deployment Plan, Incident Tracking
System, and Tour Guard System.
■ The above items will be issued and trained upon as described above.
Orientation, OJT and In-Service Training:
■ Orientation us described above and will continue throughout the 30-day transition
period.
■ OJT will occur after the transition date and will follow our 90 days training plan for all
new hires.
■ In-Service training consists of training after the transition date and all PSC is in control of
the site. In-service training is training that is done within the hours of the weekly
budget and will be specified as needed depending on the needs of the site.
Administrative and Operations Preparation Activities:
■ Our Transition Team will complete all administrative duties during the transitions such
as:
o All new hire paperwork
o All data entry into our computerized HR system.
All training documentation (tests and certificates)
o All manuals to be printed and deployed including but not limited to: SOP,
Emergency Procedures, Tour Guard System policy and procedures, training
programs, company employee handbooks; etc:
Security Post Instructions and Security Procedures Development:
■ The documents (system and operational documents) explained above will continue to
reviewed and updated through PSC''s deployment at the site.
■ Center management will have input along with our regional director assigned to the site.
■ All "posts and zones" for patrol will be thoroughly vetted to ensure proper usage of
deployed hours during key times if the day and day of the week.
■ Procedures during the "post and zones" of officer deployment will be clearly
documented into checklists and explained in the SOP/Emergency Procedures/Site
Specific Policy and Procedures.
Current Security Retention Program:
■ As stated above, all current security employees will be retained as long as they go
through the transition process with all applicable vetting procedures used by PSC.
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■ PSC will work with center management to understand what current security employees
request to stay (for example: no loss of vacation benefits) and how to accommodate
them with the assistance of mail management.
1St Year Milestones
The plan is for a 12-month activity that uses the following milestones:
• 1st Month-Start review of client and existing security company's policies, procedures
and protocol. Develop new policy and procedures with an understanding of the
ergonomics for each position and the contract to be administered and undertaken.
• End of 1st Month- Completion of Review of existing security company and requirement
specifications for contract. Begin work on developing new post orders for each position
to ensure contract specifications will be met and achieved. Fill each guard position and
complete orientation and training.
• 2nd Month-Begin Start of New Contract.
• First 3 Months - Provide extra supervision to ensure a smooth transition for the
beginning of the new contract.
• End of 6th Month-Completion of Bi-annual review and quality control audit to ensure
requirements are being met per the contract requirements.
• 7th Month-Completion of audit recommendations
• 12th Month-Completion of contract first year and summary of events.
2
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References
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Location Name: Delray Beach Downtown Development Authority
Address: 85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483
Contact Name/Title: Ms. Laura Simon, Executive Director
Contact Phone (561) 243-1077
Number/Email: Email: Isimon@downtowndelraybeach.com
Period of Performance: 2016 to Present
Facility Type: Providing ambassador services to the Downtown Development
District.
Weekly Hours: 216 Hours
•
Company Name: West Palm Beach Downtown Development Authority
Address: 301 Clematis St., Suite 200, West Palm Beach, FL 33401
Contact Name/Title: Mr. Raphael Clemente, Executive Director
”! Contact Phone (561) 833-8873
Number/Email: Email: rclemente@westpaimbeachdda.com
Period of Performance: 2013 to Present
Service Type: Providing ambassador services to the Downtown Development
District.
Weekly Hours: 572 Hours
r
I
Project Name: City of Fort Lauderdale Community Redevelopment Agency
Address: 914 Sistrunk Blvd., Suite 200, Fort Lauderdale, FL 33311
Contact Name/Title: Thomasina Turner, Project Coordinator
Contact Phone (954) 828-8953
Number/Email: Email: thomasinat@fortlauderdale.gov
........
Period of Performance: 2018 to Present
, ---
Facility Type: Providing ambassador services to the Community
Redevelopment Agency.
Weekly Hours: 321 Hours
Priflie ed&Confidential 54,
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Location Name: Palm Beach County Tax Collector
Address: 4215 South Military Trail, Lake Worth, FL 33463
Contact Name/Title: Ms. Anne Gannon,Tax Collector
Contact Phone (561) 355-4531
Number/Email: Email: agannon@pbctax,com
Period of Performance: 2018 to Present
Facility Type: Provide security services to the Tax Collectors Public Facility in
Palm Beach County.
Weekly Hours: 120 Hours
-.
Project Name: Phillips Point
Address: 777 South Flagler Drive, West Palm Beach, FL 33401
Contact Name/Title: Mr. Hal Friedman, General Manager
Contact Phone (561) 833-7337
Number/Email: Email: hal.friedmancushwake.com
Period of Performance: 2013 to Presentmmmmm^^^^^^
... ., .- mm -................. .-
Facility Type: Providing security services to this Class A Office Facility housing
multiple tenants.
Weekly Hours: 11 427 Hours
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CITY OF
RT LAUDERDALE
October 25,201
Mr.Moshe Alon
PSC Corporate
11454 San\A me Boulevard
Los Angeles,CA 90049
Dear Mr.AI
I would like to take this opportunity to recognize the good work of Willis Perez and his team at
Professional Security nsu nts. They have provided security services to Fort Lauderdale's
Downtown Community since April 2014 and have formed an exceptional partnership with the
Fort Lauderdale Police Department Mr.Perez Is a team builder,and he has developed positive
working relationships with our residents and business community that have proven to be
success. With Mr. Pere2a assistance, our Cily's security presence has Increased, He has
contributed significantly to our commitment to build community and ensure our idents' level
of safety.
In a recent City survey, 83%of our City residents felt safe walking in our business areas,which
directly relates to our enhanced safety efforts in our Downtown Community. Basedon my
observations, Mr. Perez is clearly dedicated to safety enhancement, and I applaud his level of
service to our City.
Slin
Addedey
Chief of Police
FCA/and
Police Depadment
1300 West Broward Boulevard.Fort Lauderdale.Rcmida 33312
Telephone 1954} 57 1954} t hWed On Rec J
www.forflauderdale.gov
11r h ile ed& Confidentiat ?t6
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RIC L.BRADSHAW,SHERIFF
24 February 2017
To Whom it May Concern.,
I am writing this to provide a letter of reference for Willie R.Perez,the security director for
South Florida,Professional Security Consultants, I have known Perez for over ten years and have
regularity-intcte with him professionally. In every instance,he has been the consummate
professional,earning my respect for his handling of multiple stressful situations.
He is an experiencedsecurity manager,who trains his personnel in all aspects of maintaining a
safe environment,yet teaching them professionalism. erez's communication skills exceed all
expectations and those abilities are transferred to his subordinates. He has been able to diffuse many
situations with his calming demeanor,
Most important is the relationship he has built with those businesses in the large shopping and
entertainment district he represents. I've beenwith him when he addresses c shop and restaurant
ower by name,always confinning with them there are no problems of concem to them.
In addition,h1s long relationship with the municipal and county police has served both well.
He has made it a personal challenge to build a cooperative spirit between the agencies,something that
falls short with some security companies. Perez's displays a profound ability tojuggle service with
vendors and to those entities that sometimes interfere,getting them to be compliant with the rules,
regulations and laws governing the district.
Based on his years of experience in the military,law enforcement and now security his is a
proven professional who has earned the respect of his peers,government officials and law
enforcement. One only needs to review his extensive resume to understand the value of his service to
the security industry.
Several of his security officers have been hired by law enforcement where based on their
training by Perez are now serving admirably with those agencies,.
In the event I provide additional,please do not hesitate to contact me at 561-688-3014.
Respectfully submi ,
t
Chief Deputy Michael E.Gauger,MSNW
32215Gun crud • west Palm Seack FWMa3340GZN1 • (551)688-3W) J
®1.
1'rh ileged& Confidential 57
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� P
Professional
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eci u -t:ty
Consultants
7 .
fs
6at3 WEST BLUE HERON BLVD, RIVIERA BEACH,FLORIDA 83404
1 15613 845-4120 FAX 15637 845.4022
'®rr. 1lr
OFFICE OF
Crary of POLICC
May ,
Mr.Moshe Alon
Professional Security Consultants
West Palm Beach,Florida
ISE. Letter of Reconunendation-Mr.Willie Perez
Dear Mr.Alona
It is with great pleasure that! write in support of Regional Director for Professional Security
Consultants Mr.Willie Perez. Director Perez is a well-established and respected mernher of the
West Palm Beach and Riviera communities.
Director P 's community involvement extends beyondthe quality professional services he
provides,he often supports commun4 outreach efforts not only e 'ly,he also does not
mind roiling up his sleeves and pitcNng in himself.
Plainly stated,Prof io !Security Consultantsis an excellent corporate per.
I support Mr. Per 's effort to expand Professional Security Consultants services into the
Woodbine ity of Riviera Beach.
Should you require additional information,please contact me.
Wincely,
ar illi, ,III
Chief of P®Gce
CDW/sar
RIVIERA BEACH,FLORID ."77w PW Whierfrviri Cil/in Much 7'a Litt-,Kbrk,&Play-
wwwjivienbelLcom
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CITY OF RIVIERA BEACH
a s
P.D.DRAWER 40662 RIVIERA SF-AcH,F- aRIDA33412
C�
May 6,2016
Letter of Recommendation/Reference
I have known Willie Perez for well over 10 years he is an outstanding security
executive who knows the importance of quality customer service. His company
knows the importance of providing high standard of customer service.
His organization prides itself on being problem solvers and always making sure
that their customers' needs are met.There are many security companies out
there but PSC is head and shoulders above all of these companies.
This organization will be a valued team member when you make them your
security provider.There motto its superb service is our standard of service.
This organization will always make you proud because of their commitment t
outstanding customer service,
if you have any questions'regarding Mr. Perez and his company, I may be reached
t 561-876-9064.
5inc el ,
L Mitchell
i assistant Chief of Police
PI-hilt cri& Con ffc enfin1 59,
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West Palm Beach Fire Rescue
500 NorthDixie Mghway
West Palm Beach,FL. 33401-4212
Phonc;561-80447 Fax:561-8044777
MEMO
TWhomever it may concern
Danny Collazo
DATE: 10/07/2015
SUBJECT. Rcferral Letter
My name is Danny Co]lazo,and I am an operations Captain with 21 years of service in the
West Palm Beach Fire Department. This letter is to express my appre6ation and gratitude
for thejob well done by Mr.Willie Perez of Professional Security Consultants r.
erez's leadership,professionalism,and extraordinary work ethic have made an incredible
impact on my fire department's ability to provide high level fire and EMS service to
CitiIa rogot the years Mr.Perez via hit actions and knowledge,has earned my trust
and respect as a professional.He personally develops action plans and classes to coordinate
tactics and communications between PSC,police,and fire.He is personally familiar i the
entire re prat tion system of Citilace,fire department operational procedures, d
effectively trains his personnel t the same high standards,Throughout the years I have
responded to many emergency calls at Ci lace,and every time,a PSC employee has had a
positive impact on the end result.Whether it was locating a patient quickly,leading
directly to a fire alarm location,or finding a sprinkler shut off valve to avoid extensive water
damage.So,it has and continuesto be my opinion that Mr.Perez work ethic aflows his
company the ability to provide the highest level of security possible.As such,I with
sincerity,recommend Mr.Perez to provide his security services,He would also be welcomed
to be a fire captain at my department any day.
Sincerely,
Danny Collazo
operations Captain
West Palm Beach Fire Department
Cell#786-399-6693
561-804-4740
Prhile ed&Coll fidential 60
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Consultants
i
305 South Andmws Am Suite 301
F u e, 33301
P (954)463-6574
(954)463-8412
%MM44111UM
November 1,2016
To Whom It Mmy Concern,
I would like to talce this opportunity to n=gni=the excellent work that Professional Security
Consultants, through the! d p of Willie Perez, has shown in downtownFort lAuderdak
through the implementation of the Downtown el t Authority's Security Ambassador
Program,The DDA started our security atabassador program in October 2014,and to date,we
have seen a remarkable impmv==t in the quaUty of fife for residents and visitors within our
downtown. security ambassadors have been able to assist residents and tourists in a myriad of
ways,including help with parking,help with directions,assistanceemergency situations,help
at special events and much more.
Previously,the DDA staff had gone to visit West Palm Beach's DDA and we were thoroughly
impressed by the implementation of their security program an Clematis Street.This was the
genesis oft security pro here in Ie.To date, r proa
tremendous s.So successful,in fact,that it has expanded onto Lu OW Boulevard with the
help of the Las Olas merchants,and it being looked at by DDA staff for further cqtansion to the
North in Flagler Village. e increase visibility and safety enhancement that that security
ambassadors p vi Is paramount to quality of life of our downtown residents and visitors alike,
The Downtown Development Authority fully commends the professional nature of PSC and their
employees.They have truly made Downtown Fort Lauderdale a safer placeto live,work and play
througheir various safety enhancements.
Sincerely,
Y—A)--1�11.
ChrisW
Executive Director
BOARD Or DI °:Michael nla GUes,Wo OWnsm-1nas
aim Ellis,7h!xvv-VARIam N.Bodenhamer,3rw •empry Durden,Bardmmtor•john
®3ohn M.Mill
Privileged& Conridemial.
Page 313 of 670
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V 111'1' "�I"I ."') I- ,,''.
DOWNTOWN DEVELOPMENT AUTHORITY
iT WEST PALM
Wednesday,December 11,2013
Re Letter of Reference for Willie Perez,Professional Security Consultants
To Whom It May Concern.
For the past seven years Mr.Willie Perez and his team have provided security services for the
downtown district in West Palm Beach,FL,under contract with the Downtown Development
Authority(DDA), From an initial service a greement for two patrol officers on our main street,we
have expanded the program to cover our entire downtown and waterfront with approximately
400 hours of service per week.The results have been tremendous.
Almost Immediately following the start of service there was a notable decrease In crimes such
as panhandling,vandalism and auto burglarle&In addition tot, e Security Ambassador
program has been very effective i dealing a wide range of i ues from walking residents to
their cars late at night,to providing critical info at to the Police Department resulting in the
arrest of repeat offenders andwould-be criminals in he area.The effectiveness of the security
program has resulted In a decrease In calls for serv@e to the Police Department,thereby freeing
up police officers to attend to more serious issues and further decreasing crime.
Perhaps most Importantly,the visibility of the officers on the street,and their friendly demeanor
with residents and business owners has fostered an atmosphere of safety and confidence that
had previously been missing in some areas of our Downtown.
As a result of the effectiveness Security mas r Program, Downtown West Palm Beach
has been recognized as a model for other urban districts to follow.We have garnered awards
and recognition from the Intemtionl Downtown taon,Responsible HospitalityInstitute,
and the American Society for Industrial rity(ASIS).
It is our opinion that one of the most Important components contributing to the success of the
Downtown security program is the mellculous and skilled management by Mr.Willie Perez.Mr.
Perez has responded to all of our requests, addressed all of our concerns,and in every Instance
has gone above and beyond the call of duty to ensure that the service we receive is the best
possible.Furthermore,Mr,Perez has taken the time to attend DDA board meetings,downtown
resident meagings,spoken with business owners.and assisted with the creation and
Implementation of public safety task force plans for special events in Downtown.The business
community,resider ,event organizers,and Police Department have all praised the service Mr.
Perez and his team provide to the Downtownarea.
1 Clematis Slreel,Sulte 200,Weal Palm Beach.Fl. 33401
Phone; Sd 1.833.8873 Fox-. 56 1.1333.5870 _ . .w,rsfoaim eachdda.com
Pr°iflieged& confidential 62
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**I DOWNTOWN DEVE1 OPMfKT AUTHORITY
lmWEST PALM !#A
Looking ahead to the future of the DDAs relationship r.Peru,his employer,Professional
Security Consultants(PSC).and the Downtown Ambassador P ,we will continue shifting
the focus of the service from security oriented toward beingo b dorial in nature,
focusing t on security and customer service.Customer service Is the top priority for the DDA
and PSC has provided a team that emphasizes this,
The DDA is looking forward to building upon the successes of this program and continuing to
raise the bar of service and effectiveness.As our Downtown continues to grow,so too will the
demand for security and hospitality services.The success of the program thus for has been
more than we anticipated at the outset and the Impact it has had an our downtown has been
vital to ensuring continued business and residential growth,This is t 's primary goal,an
the Mr.Willie Perez and the Security Ambassador Program have helped us achieve it
Warmest regards,
Raphael Clarnente,AIC
Executive Director
}Clematis Street,Suite 200,West Palm Beach,FL 3=1
Phone: 561.B33.8873 Fax: 561.8 ,5870 ] Ieatda.com
Page 315 of 670
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9 � • �r s rN V
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January 10,2017
To Whom It May Concern,
I am writing this letter to recommend Willie Perez as a security professional and manager.
I served as City Administrator In West Palm Beach Florida from 1999 to 2013.West Palm
Beach had a day time population of over 3DO,000 people as the city was the county seat
for Palm Beach County and was home to County,State and Federal court houses and
administrative buildings.
During this time I worked with Mr.Perez when he and his firm provided security for City
Hall,the City Library,parking garages and numerous City events in the downtown area,
including the July 'event that had over 100,000 in attendance,and along the West Palm
Beach Waterfront Park and Fountain area.Supplementing the West Palm Beach Police
Department,Mr.Perez coordinated,through his firm,security patrols in high-crime
neighborhoods and acted as a security ambassador In the North End Community
Redevelopment businesses districts. I also worked very closely with Mr.Perez in his
capacity as Director of Security at City Place,the largest entertainment,office and
residential complex in Palm Beach County,located In West Palm Beach.
I highly recommend Mr.Perez for his qualities of being a tireless worker and dedicated
and thorough professlonal. He pays attention to detail and always keeps the client aware
of any Issues and concerns.
If you have any questions,please contact me at 727-858-2412.
Sincerely,
Ed Mitchell
11r h ile ed& Confi len ial fro
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Mark Sutterfield
Director of Public Safety and Security
Palm Beach County Housing Authority
E-MAIL: utt rfiield chHp.or
P oNE.(561)373-3652
October 2 ,IDIS
To am it may neem:
Re: Willie Perez/PSC Security Consultants
Dear Sir a :
I would like to take this opportunity to recognize the good work of Willie Perez and his team at
Professional Security Consultants, They have provided security services to our housing construction
project in South Bay for almost 12 months and have formed an effective partnership with not only the
Palm Beach County Housing Authority but the Palm Beach County Sheriffs Office as well.
Mr. e s ability to develop positive working relationships with our residents and business community
has proven to be a success.Working with Mr.Perez has made the project sa&r and deterred crime to a
area plaguedwith not only incidents of property crime but violent crime as well. He has contributed
significantly to our commitment to build a productive community and ensure our residents' level o
safety.
Based on my observations, r. Perez is clearly dedicated to safety enhancement, I recommend his
services to other public housing authorities and taw enforcement agencies.
Sincerely,
wr
.5zgz�?—
Mark Sutterheld
Director of Public Safety and Security `
11rhilegerl&Couradeantial 5
Page 317 of 670
Nofessional
r
Consultants
TM SCHOOL DISTRICT OF LAWRENCE J.LEON,KRA 1MCrrA6'L J.BuRXE
PALM BEACH COUNTY,FLORIDA chief 0 pelke Wff 0peredng Qeker
School�,01!1i-" ,
P011CS Depaftent
3330 Forest HEN Boulevard,8-127
West Palm Beach FL 334054ffig
( t)d 35 FAX(581)434-818a
aC,31 i .
October 5,2015
To Whom It May
Concern-
eLetter of Reference for Mr.Willie Perez,Regional Director/Professional Security Consultants
As the Chief of Police for the Palm Beach School District Police Department,I would like to take this
opportunity to recognize the unique successes palm Beach CountySchool District Police and Mr.
Willie Per 's team at Professional Security Consultants(PSC)have shared throughout the past f
ew
years.
To begin,the extent of generosity PSC has shown is vast,with over$1,300 donations towards
various school programs this year alone to benefit our students, I commend them for their
kindness. Said programs In which donations were put forth included,but not limited to:the newly-
established GAP Program(Gun Accident Prevention Program);and the"Splash into Safety"event
in which the School District Police hosted a booth for a College Readiness Program.
Secondly,E would like to refer to the nationally recognized pr a/public partnership between the
School District Police and PSC. In early 2013,the School District Police along with the National
Centerfor Missing and Exploited ChIldren upgraded theirstandard operating proceduresfor the
Inv ig on of missing chiidren. During 2013,the School District Police had over 200 reporting's
of missing or runaway children. In a School District Police strategic planning meeting,the City
Place entertainment district in downtown West Palm Beach was Identified as a destination for
missing juveniles-which,also is one of the major properties that Mr.Perez oversees, A local Tri-
Rail Station borders City Place/downtown West Palm Beach. This transportation system covers
multiple counties in South Florida and is easily accessible to many of the schools located In Palm
Beach County As a prevention tactic to deter these at-risk children from boarding the transit
system,a joint venture was developed between the School District Police and Mr.Perez/PSC. A
communication system was developed with training curriculum,and,to date,32 missing juveniles
have been safeiy recovered,which many are classified as high risk or endangered,This partnership
s so successful that it has been expanded within the West Palm Beach Police Department.
Additionally,because ofthissuccessful partnership,ltwasbroughttO mYOttentionthat Mr.Pe
rez
was the recipient of the"Michael Shanahan Award for Excellence In Public/Private operation"
from the Florida Police Chiefs Association(FPCA)In lune ofthIsyear,which recognized outstanding
achievement in the development and Implementation of public/private cooperation In public
safety. It Is my opinion that this award was more than well deserved.
P CHCO CHOOL!-RAF " "ByTkM FLOFJDAtxniOs- Ia
"HOME OF FLMCWS FffW LEED Gow caff7irmo 8
The School District of Palm Beach County Is an Equal Education Oppodunity Provider and Employer
Privileged& Conridential 66,
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1
Lastly, but in no way the least,the obvious Impact an the rapport between the School District
Police Officers working the Extra Duty Detall alongside Mr.Per and his team in CityPlaceandthe
students from surrounding schools, is second to none. By having the chance to interact with
children off campus,it provides the Officers time to build critical personal connections. a r ult
of theseextra-curricular connections, students often take heed to the familiar faces of these
School District Police Officers in City Place and have,as proved In the past,confided reliable Intel.
This Intel directly deterred pending violent situations from occurring both on and off school
grounds.
It is my hope that this remarkable affiliation between Mr. Perez and School District Police
continues to grow,succeed,and most importantly lend a hand to all our children here in Palm
Beach County.
Sincerely,
Lawrence J.Leon,Chief
Palm Beach County School District Police
UL:pv
111+6iI eged&Call$SClit11in1 67
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Consultants - ,
�ry
VZ
104 10x
r eirla' Sarah J. Afoonq
Chief of olive
November 7,2017
Mr,Moshe Alon
700S Rosemary Avenue
West PaIrn Beach,FL 33401
Gear her Alon,
I a'an writing in order to suppart and recrt,gnize the efforts of ail the personnel involved In the
Downtown Ambassador Program which has been an integral part.of our overall safety and security plan
In Downtown Wiest Palm Beach for approximately teas years. Under the guidance of Security Director,
Willie Perez, since Octcber2000, the City sof West Palm Beach Police Department has developed an
outstanding working relationship with the security personnel In our Downtown Area to Include
ityPlace. The value of the security personnel,to include the Ambassadors,has greatly contributed to
tow crime rates, high Solvability rates when there Is criminal activity Identified, and phenomenal
community engagement between the Security personnel,sworn police officers,and downtown visitors.
The value of having security personnel in our Downtown Entertainment District cannot be measured in
Mars, but the crime data shows Initiatives between Security and Police have created a safe
environment for people to enjoy.
A special part.of ffie Ambassador Program, which was Instituted a f %v years ago by Mr. Perez, has
been the recruits-cent and hiring of local young adu9ts'who benefit from the mentoring of Mr.Perez. The
younger, local Ambassadors enjoy the benefits of gainful ernploymer~t vrhlle enhancing their
communication tion skills, tarniHarizlng themselves with every aspect of the Downtown area, and being
exposed to 'local police officers who rafter addition encouragement Irl fact„there are several current,
Ambassadors who erre would like to cultivate Into West Palm Beach PoFce Officers in the future
There Is a symbiotic r0ations€ip between the Ambassadors, the Poli=ce Department, the local
merchants and the Downtown visitors. The partnerships created have enhanced safety and security
while also providing ars environment for all to thr'ive,
Sincerely,
!iefSarahJ. Ma
i"ri,kile ed& Confidential 68
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= v�
n
t
Local Businesses
(Exhibits A-D)
11rhileged& Confidential 69
Page 321 of 670
LOCAL BUSINESS EXHIBIT-A'
CITY OF POMPANO BEACH.FLORIDA
LOCAL BUSINESS PARTICIPATION FORM
Solicitation Number&Title P-15-19 Prime ContractDr'S Name. Professional Security Consultants
F
Contact Person, Contract
Name of Firm,Address Tele hone Number _ Type of Work to be PerformedlMaterial to be Purchased Amount
NIA
—-—------.........................
............... ...........................................
...............---------
--—--------- -—---------- -—---------–--
LOCAL BUSINESS EXHIBIT"A"
Page 322 of 670
LOCAL BUSINESS EXHIBIT"B"
LOCAL BUSINESS
LETTER OF INTENT TO PERFORM AS A LOCAL SUBCONTRACTOR
Bid Number
T0:
(Name of Prime or General Bidder)
The undersigned City of Pompano Beach business intends to sell commodities or perform subcontracting
work in connection with the above contract as(check below)
an individual a corporation
a partnership a joint venture
The undersigned is prepared to sell product(s)or perform the following work in connection with the above
Contract, as hereafter described in detail:
at the following price:
(Date) (Name of Local Business Contractor)
(address)
(address City, State Zip Code)
BY:
(Name)
Page 323 of 670
LOCAL BUSINESS EXHIBIT"C
LOCAL BUSINESS
UNAVAILABILITY FORM
BID#
(Name and Title)
of certify that on the day of
I invited the following LOCAL BUSINESSES to bid work
items to be performed in the City of Pompano Beach.
Form of Bid Sought(i,e,, Unit
Price,; Materials/Labor, Labor
Business Name,, Address Work Items Sought Only; etc.)
Said Local Businesses;
® Did not bid in response to the invitation
® Submitted a bid which was not the low responsible bid
Other.
Name and Title;.
Date:
Note:: Attach additional documents as available.
Page 324 of 670
LOCAL BUSINESS EXHIBIT"D"
GOOD FAITH EFFORT REPORT
LOCAL BUSINESS PARTICIPATION
BID#P-15-19
1What portions of the contract have you identified as Local Business opportunities?
None
2. Did you provide adequate information to identified Local Businesses? Please comment on how
you provided this information.
NIA
3. Did you send written notices to Local Businesses?
Yes X No
If yes, please include copy of the notice and the list of individuals who were forwarded copies of
the notices.
4. Did you advertise in local publications?
Yes X No
1f yes, please attach copies of the ads, including name and dates of publication.
5. What type of efforts did you make to assist Local Businesses in contracting with you ?
Our type of business is not able to contract with
local business.
7. List the Local Businesses you will utilize and subcontract amount,
NIA $
$
8. Other comments: NIA
Page 325 of 670
LOCAL BUSINESS EXHIBIT"D"'—Page 2
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� � '- �`I'I�k; -fit r}�j � � l �.> •.
Pi-ofessional
0
Security
Considtants °
Litigation
Disclose any litigation within the last five years arising out of your firm's performance: None
Page 327 of 670
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City Forms
III-hileged&collfidellfial tai
Page 328 of 670
COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID
SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRITY AND INCLUDE THE
COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE
ATTACHMENTS TAB FOR THE RFP IN THE EBID SYSTEM.
PROPOSER INFORMATION PAGE
RFP P-15-19 Unarmed Roving Security Guard Services
(number) (RFP name)
To: The City of Pompano Beach, Florida
The below named company hereby agrees to furnish the proposed services under the terms stated
subject to all instructions,terms, conditions, specifications, addenda, legal advertisement, and conditions
contained in the RFP. I have read the RFP and all attachments, including the specifications, and fully
understand what is required. By submitting this proposals I will accept a contract if approved by the City
and such acceptance covers all terms, conditions, and specifications of this proposal.
Proposal submitted by:
Name (printed) Shaul Maouda Title Senior Vice President
Company (Legal Registered) Professional Security Consultants DBA Professional Security Concepts(PSC)
Federal Tax Identification Number 95-4018179
Address 11454 San Vicente Blvd.
City/State/Zip Los Angeles, CA 90049
Telephone No. 310-207-7729 Fax No. 310-207-5563
Email Address smaouda@pscsite.com
RFP P-15-19 23
Page 329 of 670
TIER I/TIER 2 COMPLIANCE FORM
IN ORDER FOR YOUR FIRM TO COMPLY WITH THE CITY'S LOCAL BUSINESS
PROGRAM AS A TIER 1 OR TIER 2 VENDOR, BIDDERS MUST COMPLETE THE
INFORMATION BELOW AND UPLOAD THE FORM TO THE RESPONSE
ATTACHMENTS TAB IN THE EBID SYSTEM.
TIER 1 LOCAL VENDOR
My firm has maintained a permanent place of business within the city
limits and maintains a staffing level, within this local office, of at least ten
percent who are residents of the City of Pompano Beach.
And/Or
My firm has maintained a permanent place of business within the city
limits and my submittal includes subcontracting commitments to Local
Vendors Subcontractors for at least ten percent of the contract value.
Or
X My firm does not qualify as a Tier 1 Vendor.
TIER 2 LOCAL VENDOR
My firm has maintained a permanent place of business within Broward
County and maintains a staffing level.. within this local office, of at least 15%
who are residents of the City of Pompano Beach
And/Or
My firm has maintained a permanent place of business within Broward
County and my submittal includes subcontracting commitments to Local
Vendors Subcontractors for at least 20% of the contract value.
Or
X My firm does not qualify as a Tier 2 Vendor.
I certify that the above information is true to the best of my knowledge.
3/1/2019 Professional Security Consultants
(Date) (Name of Firm)
BY: S�uct�?yl�euc
(Name)
Page 330 of 670
{-
ProfessionalCVs",�s�,,t� ,
Security
EX
n,
a
Consultants ,
, r
City of Pompano Reach, Purchasing Division
"� eaC 1190 N.E.3rd Avenue,Building C
YYMY3lR wllmlRY YYl I:lrx! Pompano Reach, Florida,33060
February 27,2019
ADDENDUM 1,RFP P•15-19
CRA Unarmed Roving Security Guard Services
To Whom It May Concern;
The following attachments have been added to the attachments tab of the eBid system.
1. Addendum#1
2. Requirement for Financial Documents to be attached to the Response
Attachment Tab,.per the bid so'licitat on documents
Acknowledge receipt of this Addendum using the Addendum Attribute on the Attributes
tab in the eBid System.
The remainder of the solicitation is unchanged at this time,
Sincerely,
Jill Klaskin Press,CPPD
Purchasing Consultant
cc website
il'f°ilileged & t Glifillentiaal 7
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Appendix
Privileged& Confidential
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I M 41 "' tUi' Y '
P,•ofessional
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Security
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F
Safety Act Letter and Certification
€a.S,taelwnrrs€e�ac:.sr karrA¢xsi ;;.cssrse3-
lj�
IN
Homeland
Securky
December 5,2013
SAFETY Ac-g CmrirICA ION
K�6�•n'3"llalaacl D.rarabs
l�rtgtlrssltaraaal Sawctartt� ;rarasaaltaarntFt;lrar•,.
114;4 Sart V icctne Bprileyard
1_ras X nlcics,Cal.iroratiaa 90049
Dec; 1$!SC Security Guard SerTic s,fbr Commercial Shopping Ma Hs
Applicaatinn ID .(11-307:.M -11SC1-11454M.R1
Dear Nlr.Lambos-,
The Department of l laartaelrand Security(tht "D paartxa tot"'i has completed 45 review and
avaluaatatr.ra trl'your react oaal applicaflon Mating to PSS'Security Guard Services for Commercial
Shanppi nd, falls,dcscrlbs d in Exhibit A(th -rechnolugy""),punaaarut to Lhe Stapport Anti-
terrorism by Fostering Effectivc T clutolo ics fact of 2002,6 "S.0 441-444,(the"SAFETY
41
Act"),and the Regulations Implementing the Support a` tttamtemvii.sttt by Postcring lal3°ectiw°c
1'eulartr ogles acct of`2002,6 cx.R.Part 25,71 1 ed.lac .31147,33159(June 3006)(die
It crlaarltaaa a''y
Pursuant to Section 253 or[lie Reguiariaarrs,tllie nSeert:taa.ry of die Depaastaaa tat(file.
Sr°carelar Ie")has delegated his respo nslltillitit s,po 'em,and 1`ttrrt tion.,under the SAFETY,Act,
e celd 111cauthorily tra detcraatirne that an net is an Act of l`aaraanrisrra llta p urlua,see ofSection
d atb3l tnpalae S FFI'T"YAct,In rhe."Under Secratar-a l<lnr Science tussal Technology raf'the
Depatrirnie at taD"Hunachand Sticurit y or than Under Secretary's designees.»
#"lar thoroughly r=cwint:the analysis t rdie Departanaaertt's Office orSAFE,r-Y Act
lrnaplem rnation rt,°lutunQg rt?this rrncebal anpplir;ahon and the Technology,1 have dao-I nirted titan
tl¢e"l twalrrartlogy s niMles the cr#tarda set forth m Section 442 dll2l of the SAFE-FY Act and in
section 25 (a)ort:ht 'RLa ,,,calaa4lraras Accordingly,l hereby igsuL-as Ciettification(at;defined lrr
Section 2.5 2 ol`the lltaitalations)ol'tltta'lechre llogy°tta lrrtales,.do al S«;wr:aaraty Consultants,Inc,
(the Pursuant to Section 4421(d)(3)orth .S rrl'Y Act barna!Scatlrata 23.9(i)of°the
Regulations,also enclosed is a Certilacaate ta'll*Ct.artllncarnance liar the'1'at.lmolog ,anti D have
dircctcd Haat thcTcchnology be placed Drt the"Approved Products List for Homeland Security,"
tta�t a.��ra C;tat�rnt�t°rr��'�
17rAst°rl ttst Ott" ,t lnrncitc> S,
1"14ls certification applies only to the [tichnology
c1cscritied in Exhibit RSR(a ata ched).
Pr"is'ile eci& Confidential
Page 333 of 670
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Prra&:vre'r;rara.at scc urlly rw:ons utwnts,Inc u PSC arca aurora°Ouard qcry ices For t'auielerctrat Shopping Mitts
SAFETY ActCertificraoeaaa
Page 2 01,a
I Sellerof°the°Treltunanloov. rmnfessi nal',Securut.v Cralu%ult.ijols,ins,a Ctflirorriun
cuarptsaaa3ilorn,is the Seller Elf Mira'ru lamnology for purposes of the S,sAI,Act,the
Regulations(including Section 23.2 of"Elle Regulations),raid this Certification.
I ;Terems a rCert'if'ic at'nunua."TI Certification is effective I tlncdate orthis SAFETY,Act
Certification and will ;rietnairn in elrect Far the same tern as tine.S T`l:aTY Acct
Designation for tie 5°echt?, ogy r'.lnat l have ii.". Ii id'taa the Sealer on the I heal of(thy
"Itirluated Desnigraa Ilio n").rA.ccsardnat.,ly,this Certification will tr:znntiisaate sato the
"Desi, aaaion"l e mat'ioruow..—(assuch tenn is defined in the Related eslT„raaati si)�
The Selller may apply for rene%%al of this C'crdficarion in casrrorackliaara with an
application for te.rtewsi call the t date 'Designation,
* liatrlie at tete ol`Saale.For purposes of Section 25,7(c)etl`thae,tlegutl»abulias,tbu caarliest
date of'sazle of'it e Tcclanolagy°to which this Certifleaflon applies is June 1, 1�99 (Epnaa
"Earliest Date arSalc") "T"bls Cenification applies,and wsfll apaptly. to all snits ofthe
"T"ccfrnulog�,by Tae Seller that were or are corasuruatanrated at rally tittle during the period
crsarurnnecenciag I Elie Carlicst Date of Sale:I crOling 011 tTae Designation Terunninatneaan
Date(au;defined tibm-c).
Lin tngca'n Seller is required to adhere to the insurance requuirer is ats set fcolt n
flee Related T esigurainra pstnrstaaatt tit S4$Ldo n 25,5 of the Regulations.
L f"T" ri°ray.The SAFETY Act provides liability and r.isla.nxaaenap e n e nt
protections to Sellers of Qualifived to uiti-"l"ICtrrsfis z Technologies that erre:or will The
defilloyed irk aTcTtvase agaurns¢or regtonse to tar tceua°e=erV fTakin dAct:s of—Terrorism as
defined inthe S9AlrE'l Y Act.Pursuant to 6 U.w5..C,§�44(?),tlne Seereewry lavas the
aanstfarnity to e'lattct 'iane that stn event ceanstilates ara,aAct of"°T"emwisuna for p ugmses of
triggering the SAFI:'T=,P Act's p rotec:tl ans,ti USA-§444(')delianzs an Art of
Terrorism as an tact tlr€at rrae.ets the dirce stanflory re a.unrrancros as fiasrf4a.er defined Tint]
specified by,the SiI P ursr int to£i U. ,C. §444(2),the Tieeremly may
alderarrii e that ars eve rut me°cis these rs gUiTe olerns as fl urther de pined and specified by
the Secretary based uasnthe lirerts ua r,T a°orcumsastwances orittv event.
10 5L.f!pj cgractions ou`ll' upas'f`e_csrydl .,;nnrmaet ,None^
n °lap tua � Els uas s 2p l aw„„°eatasfmr a.None
Other t r ndii!tinns.None
Except for le nns.exparrssly,defined in this Certnficatnrtan,all ten ns used in fins Cerfificatimi:shell
fuaae,
the micaatnings ascribed to them in the StAPE T°,a„.Act or the liegu intio ns,.This Certiticaation is
issued under flue auuthoritiics set Forth in,and in accordance with,the SAFETY Act and the
t ualaE'ivaans.°'.p°Tal S„gyp=T T'"a Art and the Regulations contain uatbet°requirements that sire;
Privileged& Confidemitiall 82
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0 Professional
Security
Consultants
t°oerross eaea:al SCCasrity `ctrsoalta;ges.Inc,-t'SC Sccuran Guard',Servic For Ceaamixr6al Shopping Malls
SAFETY Act C crufla:itie at
pose 3 of
applicable to the Salla and the`l ech.aroutlaUy..In the eve nt rri'any conflict lict between this SA'FE I '
Act Cerfification and the SAFETY Act or the Regulations,the SAITTY Act or the Riegidations
(as the cause may be)shall Like purecedeatuae and shall control,This issuance of Cerlificafion sunder
the S &app r acct docs not constitute compliance with array statanton,or regulatory requirements
other than those imposed by the SAFETY Act and the Regulations,lations,Barad tlancs riot relieve the
:yeller rafazay obligntions it a ight have under any other Federal,:Siale,or local statutes or
rtrp;ealatiaouas=
As an added laeanet-it for obtaining SAIT FY Act C erti'riaaatio n,the Department can grain
Professional Security oastaUants,Inc,authorization to ta;c the , FT"f')"Act f;erfi ea3xae mark
The SAFETY fact f"ert'ificdaha mark iaa aranly°aav ailaiel .For use by those Sclleas of tcahsnologics that
have obtained SAFE FY Act Cerlification,The Department Controls tlw use of the remark to c nvarc
Haat its display by an Seller sen e*s ars an indication Haat the displaying Selier he.,-.anla't„a:ined
TAF[ FY Aci Certification fro:raaa the Depaortaracexz Itar a a enairn identifiable technolog)"pa°anrlaaa t
sczvicc.At this time,the.Department is requiring uu ers to Si nn a usage anSreeraaa not to use tile
mark.Your usage agacrazrtantnt will be pyrans Wed in a separate communication Tr nt the Office;of
S.d.IFIRTY Act Implementation,Please I`aalleoo,the instructions for siptraing and obtaining the
SAFETYAct Ccrfificdl,%l mark.
Iaar.stly,please masts.[hit It ids currently against the Depaartment"s,policy to allow the official
Department of I loatna:laand aSecurity seal to be used in an manner that implies erndzarse:ment of any
cozraannercial product,scrviec,or policy taf a commercial entity Although Prufesidoraal Scetuzity
onzulnnarats,Inc.Ihtaas obtained SAI"Il`TY Act Certificalionfioran specific Anti-Terrorism
Technology,the Department cannot etttle-orse llrofessitattal Secautity Consultants.Inc.'s
Technology over aazntather.°Tlct,rcfore,the Depn;artnic nt dues notrr�arat ant'horiz timt to use the
official Depaartmernt of I-1otnaeLu'd SCLUrity seal in corpunction nctirr isatth designations or certilTcano ns.
However,tiled use aanrl di.3pni,ay r:if ike Srt.faETY Act Certolicdr rnraarin is an additional Ia zte"1Tt
hestaaated tupoti the Sellers that hale eobatiuned SAWFY Act Ccrti ri cation,
Any questions grardin t,this Cledifivatirin shouka 1-w directr,°d res[lie SAFETY Act Help' csh h%.
e•znntsil int SAH l*¢ ct9 a apnl3car;I. cdhs.fjov or by phone at 1-966-7X8-931 8 1"Mosey rckre nee
anpnpnl'cartirann rnaurantier(F-314 07-H)t 11St'I-I 14541-3-REN2 h,all corresrAtandcttce
SiancCrely,,
Daniel lcl<Gerstein,111.. .
Under Secretary liar Science and I ech neology(Acting)
ttx chtracrnts:
1. Praalsssion al Secaurity°C ozasatltan.rnts.Iraq::,Exhibit A
2. CertificalcofContlintiance
Privileged& C orifidetttial 33
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Sec'ua-rty
r
Consultants
lvaitrnlirA
rRO FFSSS(3`aAl: EC[RI`Y ONSt"t.,TANI'S,rNC.
PSC ASFC't tan"I b GUARDE RVICES FOR COMMERCIAL IfiUPPIM;MALLS
professional Securiky Consultants, inc. ( 11fiCg"), a C°amlif`snrnnia corporation,
provides auanaartsned security personnel and security prcaptaaana as PSC"
fSceurity Guard Services for Cornmercial ShoppinLp:Malls.PSC providcs enhaatced
prxutec6o n. detcrrcme„ and response to terrorist facts against shopininnzt ccrr'tcrs
enhellaarr- perptorMed by use of exp1mives or through activ -sl ooler lrncidcnts
through the a>v or its. Security !C f icrer Olncnations and Program Management'.
C AS Global, C,`ASF Global€"
Centralized Cornrurarud Center,rg rannd l rroarguncy
Response 11the includes the fanllo%vingl
c.cnrritn tlfl`nc={:ur t) anntitoras arrd l"rrul rurn,h�la lgall c-me rnt
this clerancrtt incorporates program management of as client's overaalt sceurity
open athanr and of the 'I ech nolog)'s u manned :Cee urhy Officers, Security
Dispatchers. Security Supervisors, and ecurity Directors, In these roles, PSC
personnel inu% prcavidc° saaarnae ur all of the fulloutt°ing„ statio naa y and nanobilired
palm] sehicle -nand bicycle moron monitoring ng; electronic surveillance and
ticlUlicaun equilasnew,, including CC l V aannd#car eodier ra mole sensing ta:chrmcalo gics,
access control; perfrarcter central, opernnting secnurily screening equipment
(including hared-held nnactal detectors and walkthrough metal detectors); nl,
nspenaan ;enncrpcnraay response scrN ic:crsm dispatch and monitoring of officer-,v°n ra
"Wat,rb Tour Patrcul Tracking, RcpurflngSystem"; and PSC:;'s personnel
manaag4e'.ra um.. Mviealine Pn c3Lps oyrncnt Security Training consists of 40 hours of
proprietary train'arn�. This incl udes any secnnrity" rofflUt training required by
innc]Mdual states in which Cite'rechn oio y is deployed. Training is supplemented
by use of 1~l"MA o nllinae Course AWR304-W, the Inle mantioarnal Council ncil Cal"
Shopping; Ce ntcr',s Inc., (Shopping Center Security 'rerrorlst Awareness Training
program. All PSC security personnel are required to pass Dentin wriitie n and
practical job know1cdSe lestirnp after training and prftor to mstarnning+duties for die
first time O n-t1tc-grub training includes 24 hours of anti-terrorism aats'nnrcriess mond
disasler preparedness as ®seall as este=spcciflc: training. PSC officers are provided
math post-deployment training on ra quarterly and annual basis ~chid- includes
A nti-Terrorls;.m awareness and disaster preparedness. Bi-Annual Brills and
exercises are co nductccl in gaartrneu'ship aalth local law enforcement and fire
departments. The Technology= uses an multi-level quantity control symersn that
includes internal, aarnnUM Quality Cr`o ntnal Audits, daily and meekly prernnisews
inspections, meetings with tenants, tenant security suraeys, and rnncetitngws whli
local laaw enforcer-ent.
Prilfle ed& Confidential 84
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Consultastts "
CASE Glob al
,ASE lobal is a proprietary, wwcb.haased reporting Bund enic;tgcuac) 'planning
ncat'dlwwaare grog' saran. In atdddtdo n to inlerinaad use, tire data and ii nfaarnnaatduwnn uollcued
on the CASE la ballj' systeata are uaflered itau local low ernfaarce nnernt and fire
uthr>wifles Qat the beginning of a4 PSS' contract, so that they may fa halizc
the nnasebe s ww th the drafon naat»rana and hilerfaucr: int advance of an €merge nc), 111s`s
secaarity in.sfcarrmnat'aaa.nt caan tv acce sud 24 hours a d ay%ialhe ww s h aeseI paasswwor -
pr€nle ted nppiiicnliml.Live camera feuds(as zav a`sdatble)can also be integrated into
CASE GobalD to allow real-'farm e rnratnd3urorntn;g of Dn enliffd;cnnuy,
CASE tUdaabaal;kD Ceratrauldzed Command t:°enilur
PSC personnel working at telae Connnand Center, located in CaUfornia, can
�erairaarafluransaannc scccurdty n:ssuv%and monnikir incidents ant Bach depluay moat 41.1calian
Incidents are repuar e d dantenuaffly° and to the client's a ndtanhnstrsatuavn bwsed cm
crdterdaa prv-sct by caach shopping center. The Command Cenker also tasatasts '.`sat
coordinating,emergency response between PSC a nd locaull first respondem,or ra'ttner
cme cneY,personn el..Command Center'ctalp'loyc s;'recelvic 410 hours refon-the j'rab
training with an experienced coon annd cw ntier offiw r.
Emqraq
qnL
The ` elchunology also uses na trained einergency responnsc ucunaa 'h as ed los each
operating region,which consists of asccurdt,y. Personnel who can qua'dc',I;,ly deploy to
any 'd'adtr location wan tltC uwent of an usnnaert„octncy,, Personnel ¢ aay be saappdc.rncntcd
wwdaln rale"-d4aty sworn loo, ranftsrcenac.sut offlicers front Iccul agenu.Je,, as available
[Inert of the Enter6wncy Response fundi as is the Mobile Command Center,at s tt°-
:;aasun ned vehicle Mth a gencraataar, satdike TV, mobile lnti:mut accc.,, ww'ater
tend[, CCTV system with four wvarele'ss Paan-ta'bt-zuaattn catneras with'[tae adddtdaataal
capability to connect to as local CCTV systuan, and two ww,daelcss valnerms. The
saineraa header can be digitally recorded and the systicaxa can wirelessly caunnaneel In
ru°rrncwta°st;°stcswns wise[:lac internet.The Mobile t"aasrnmaand Center's three large's rven
TVS CanVicww°camern fccsls„s<atelddte leleMs'"sauru,DVDs,and compurtcr ouuiput amid
also dancltadc:s mcddcal triage c uud',pmcrnt and first-add stnpp'ues. 'elite command
center is sta ffied 'tay a CASH Global conintttaarnd center cnipl)yuL and its
uappl� nicmttred
by Iia iL. zscicsaity officer; nn e at the irdsis site. The dcci%lon 'to
^;hared auto the e:cnuram and clunger is made at the vice prusi Bern hd level ww'hon na client
hn,sn er'aticual ut6ideni and a mobile cornmanaund center is necidcd.
The pecdnxac logy° also includes p Idcies and pnxedauraesa l:ar :recruiting, sareetndang,
aarld hdrdnt anfl trs'pluayut�u.a,
The T chnzualtwfy dunes not include defense against or response tau itch micni,
b'aaakrs&aal..Or rtaddaaduaLda cad dtucdtdennts.
11ciw ileged& Cttttfidettistl
Page 337 of 670
... .................
Professional
Security
Consultants
t 11
7xpkR ,
Ceitiftate of Conformnce
This wiff cer t rat, on M s date, �
yes ° fin4 .
arfi o rai Corporation
a Certifwationforits
C
s an : e 'rarrder tfic
uppor _ rr - errorisrn 6y,Tostering Effective Te finorc s art of 2002(tFr 5 -' .p ct
Daniera Genteir;AQ Date
`Orrr:r Secretar for, cie ce rrdec rrer yy(Acting)
Q
Page 338 of 670
Professional � � , 4444 4��r
��}�)F�1�`•�}`{-[1 ,a � ,�s
jl
Sectlrtty 4
Consultants
a ,
Sample Insurance Certificates
PROFS:.C1
a �� rt ga x��at�rr� a
CERTIFICATE OF .I I I °" INS a �
n
THIS GEAT-11HE`A TE IS ISSUED AS A
T ATIT d lXFORMA'I N ONLY AP40 CONFERS NO RIGHTS UPON 714E CER1 FIC TE HOLDER.THIIS
CERTIFICATE DOES NOT a FF[ AyI ImY OR NEGATIWELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I
B LR3 . 'n-US CEROFICATE, OF IN URA CE DOES NOT CONSTTa1jIE A CONTRACT BETWEEN THE ISSUING INSUREmS,AuTmORLZED
REPRESENTATIVE OR PRODUCER,AND THE CERDFICATE HOLDER,
IMPORTANT;; It the rtiN to holder ft an ADDITIONAL INSURED tho Nr€cy( )nrust have AMOFOONAL 09:aURE suaaaisskmi or be andars�d,
I9 4� AIRN IS �ANTEED sub t Tic t,I for am condICF. T the policy„F otain Taos �aay r aai anrrrTrae MMIL sura ffmni,an
Era€E cerEtltaate no can r ¢hts to t€ar corUT#caA o T sudor in IW%.of a h a eaar ro���..... ,mmmmmmmmm. ,�
�.._ ._..........
a r A EIcanse 105"249 C perI
MIUMED .,
11454 Sara Vkento DIvrL :..... �........ _.............._...........
Los Angeles,#A 20049 m.
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'MIS IS TO CERTIFY THAT THE rsOLIC12%Or WSURA tE L#_�;"�'ID I3kI..d3'WHAVE BENSUEDTOTi ESPb'ra6iT.Drd,A.JkaEDASMEPOR.."TKEPO..rC"PERIOD
iNrAt.,ATED N0T%1A"F S AAd07I4t:a ANY RtE(VLAREME#-dT.'ERM OR C wNDITIO OF ANY giB-W-ACT OR OTHER DO;UMEN'TVAIII RESPECT TlrvPKG H HRS
CERVFai AJE MAY BE INSSUED OR MAY PEff-RJN,THE IN5aUItA,9{ E AFFORDED BY THE POLICIES DESCRIBED PB P,FIP44SS?,¢MECTTOAL.,Ti-i TErM11,;
LeF Jr0Ni ANtffiIDIT NS O SUCH 4CIEIANyROWMA4 � N EMDUCEDsY R
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IIIPo:x€paino Bead:C A e Included an ars Aw3r.Tk ionaal Insured on I"General Uabnity poh y per anw-hod requirs&
ESHOULD ANY OF"THE. VAr DESCRUIEra UCM3 BE CAA ELLE' BEFORE,
City 0Pompano Beads THE EXPIRATION DATE RWKIOF, NOME `eT LL BE DEUVERED IN
earn �gAr
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P r pana LAEaw%FL 33061 a.F Et caE� .EErar�ya�E I
The ACORD tronas and Ichlo arta ragishrred mares of ACORD
11rhileged & Confidenthal 47
Page 339 of 670
Professional
t ei3
Secuu•ity
i�
Consultants
PSC Process for Handling Insurance Claims
• Upon receipt of a claim or complaint research if an Incident Report exists, if so copy and
include in the file.
• Review matter for liability and type of complaint (i.e. general liability or employment
practices).
• Report claim to PSC's insurance broker and directly to the insurance company. Once an
insurance adjuster is assigned to the matter, forward contact information to PSC outside
counsel/set up group email correspondence.
• initiate and conduct a field investigation. Gather statements and information pertaining
to the claim.
• Assign outside counsel, per insurance company panel list and jurisdiction. Request
budget and liability exposure assessment from counsel. If a demand letter, attempt to
resolve the matter.
• Monitor case status (30 days or less calendar).
111-hileged& confidential 88
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Nofessional
Secul-it}l
Consultants
'training Details
General Duties and Code of Conduct- PSC has a comprehensive new security officer training
program. We have a specific training for Code of Conduct which discusses the Code of Conduct
in detail with many scenarios so officers can use critical thinking in different conduct situations.
Fire Prevention and protection- PSC has several different trainings that cover fire prevention.
We train the officers in the use of Fire Extinguishers by having them operate an extinguisher to
test how it works. We also train the officers on the 4 different types of fires an on how to
combat them.
First Aid Training- PSC is a certified school of the American Heart Association. This training
covers CPR/First-Aid. The officer will get an AHA card once the training is completed.
Employee Safety and Workplace Violence- PSC follows the federal guidelines as laid out by
OSHA for employee safety. On a monthly basis, PSC selects a OSHA guideline to focus on for
the month, such as "eye safety" and "proper lifting techniques". PSC uses the NIOSH (National
Institute for Occupational and Safety Hazards) video (provided by the federal government) on
workplace violence.
Safe Patrolling/Observation Techniques- PSC has created several training modules written by
mall security directors. They cover the basic concepts of patrolling and focus on the
Comprehensive Patrols of the officer while he/she is interior and/or exterior. Observation
Techniques is a separate training module which teaches the officer to use sight, hearing and
smell as tools for observation.
Radio and Telephone Communications- PSC has developed several modules for these two
critical areas. We have a dispatch manual which reviews telephone etiquette and radio
professionalism. We use the local areas "10 Codes" to mimic the local police so we can cross
communicate with law enforcement when needed.
Legal Aspects of Security/Use of Force- PSC has developed several training modules with our
in-house counsel on the legal aspects of a security officer. It covers the difference between a
security officer and a police officer as well as the prohibitions placed on security officers when
dealing with the public. Use of Force is covered extensively and goes thru the 5 levels of force
from "Presence" to "Non-lethal force".
Customer/Public Relations- PSC feels that customer service is the key to almost all security
interactions. We focus on "Casual Contact" as a tool to help patrons and to deter would be
criminals by making contact with suspicious persons by letting them know we have seen them
and are monitoring their behavior.
Prhileged& Confidential 89
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Professional
;secul-ityus ' n ° ' +ls� ■
Consultants t "
r
Report Writing- PSC has a training module for report writing. It cover the "Who, what, where,
when, how" that are components to a well written report. We also have a comprehensive
report "Sample" book which can be used as a reference when writing reports.
Police Relations- PSC understands the importance of good police relations. Our training
module focuses on the concept that police officers are a partner in our efforts, not just
someone you call when you have a crime. Effective police relations hinges on building personal
relationships with the "persons" who are police officers.
Bomb and Hazardous Material Response- PSC has a custom made video on bomb threats and
the actions to take if one occurs. This includes a "bomb threat checklist" and instructions on
how "sweep" the mall for a suspicious package if necessary. Hazardous Materials Response is
covered in our OSHA training and focuses on officer/person safety and what type of protective
measures one must take when responding to such an incident.
Search and Seizure- PSC has developed a training module on the legality of citizen search and
seizure. PSC officers are trained that to "search" or "seize" something from someone is usually
illegal even for a security officer. The exception is if an officer makes an arrest of a person for a
crime the officer witnessed. A brief"pat-down" is permitted at this time.
Evidence Preservation- There are times when security officers may discover a crime scene
(Example: burglary from store). Officers are taught not to disturb a crime scene and to restrict
access to a crime scene until the police arrive. There are ways a security officer may "taint" a
crime scene even by touching something in or walking thru a crime scene.
Drug and Narcotics Identification- PSC has a training module that discusses the types of
narcotics officers may discover or come in contact with while interacting with a person. It also
touches on the behaviors people may exhibit while under the influence of legal and illegal
drugs.
Ethnic Diversity Education-PSC trains its officers on the differences that certain cultures exhibit
while interacting with an authority figure. While some person may exhibit unusual reactions to
interaction with security officers, generally, it is a cultural difference and not an attempt by the
person to be uncooperative or difficult with security.
h-hile ed& Confidential 90
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Professional
1�t
G
S'ecin-ity M`�`
Consarltants
Billing and Reporting
How will you ensure the accuracy of all invoices? PSC uses a time clock for employees to
punch in and out for their shifts. We have created custom payroll software called "Time &
Attendance" that is used to submit labor hours to our payroll service ADP.
What mechanisms have been developed within your organization to provide accurate
reporting? PSC has a custom incident tracking system developed by CASE Global Technologies.
It was developed in house with the expertise of dozens of professional security directors.
What key account performance measurements are tracked and available in report format?
There are several of these. The CASE Global Incident Tracking system can measure incidents by
the time of day and the day of the week. All of the report functions in the Incident Tracking
System are available in real time and can be formatted in bar and line charts for easy reading.
What other reporting options and capabilities do you have? PSC has a human resource
system which tracks an employee's training and employment documents. PSC can set up a
"Portal" for Management to monitor our training progress with real time documents.
How do you account for non-billable overtime? When PSC has overtime at a location it is
accounted in 2 ways: billable and non-billable. Billable overtime would be OT approved my
mall management. If this occurs a "Confirmation of Service" (COS) document will describe the
OT approved and management will have to review and sign the COS. This is for transparency.
Non-billable OT would be OT used at discretion of PSC. Clients are not billed for this. All OT is
tracked in our "Timerack" payroll system and ADP.
11rhile ed& Confidential 911
Page 343 of 670
Professional
Secatrity
k cr
Consultants
PSC Patrol Uniforms-Option 1
r
1 i
*Navy BDU Shorts are optional employees also receive navy blue BDU pants
Page 344 of 670
Pi-ofessioiral
i�-
l'1�i,ht}, �
rycurity it t .
1"
Consultants
PSC Patrol Uniforms-Option 2
tv
fe
PN
IN
s
rn�i�, did
*Khaki BDU Shorts are optional employees also receive Khaki BDU pants
i'rhile ed& Confiden ial 93
Page 345 of 670
➢ } r "1 re 4 'Sl i i ? to r 4 rr
P!'ofessional5)
Jii
�-
0
S'ectu•ity
Consultants
PSC Uniform Patch/Badge
iii ■ i J ;
•
`'P
;j{ t
M40
-6V
AZA
l$rhilcgeal Confidential 94
Page 346 of 670
7.B.
CONSENT BIDS AND PURCHASES OVER$100,000
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs
for the procurement of services and/or commodities over $100,000 as described in the written report for May
05, 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
DANA Safety Emergency Piggyback City of $400,000
Equipment for Law Miami Contract No. JANUARY 25, Annual
Enforcement 516388 2020 Estimate
Vehicles THROUGH
JANUARY 24,
2021
* Killebrew, Inc. Pre-Chlorinated Pipe City ITB No. 036- May 17, 2020 $2,000,000
Bursting of Potable 2821-16/TP to May 16, Annual
* Murphy Pipeline Water Mains 2021 Estimate
Contractors, I nc.
How will this affect city programs or services?
This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are
renewed/extended with the same terms and conditions and pricing as the initial award.
Fiscal Impact:
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 347 of 670
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Addendum 5-05-20 1 OOK + REQUEST FOR B I D
EXTENSIONS
D Addendum DANA Safety & COBB Piggyback Renewal
SIGNED LETTER 1-28-20
D Addendum City of Miami Contract Renewal with Dana
Safety - Exp 01-24-21
D Addendum Renewal Interest Letter (I\Aurphy Pipeline
Contractors Inc) Executed 04-16-20
D Addendum Renewal Letter - Signed by Killebrew 4-17-20
Page 348 of 670
0
CITY OF BOYNTON BEACH
REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS
May 5, 2020
REQUESTING DEPARTMENT: Utilities
DEPARTMENT CONTACT: Melissa Roberts
TERM: May 17, 2020 thru May 16, 2021
SOURCE FOR PURCHASE: City Bid No. 036-2821-16/TP
ACCOUNT NUMBER: 403-5016-533-65-02
VENDOR(S): Killebrew, Inc.; Murphy Pipeline Contractors, Inc.
ANNUAL ESTIMATED EXPENDITURE: $2,000,000
DESCRIPTION:
Award of the current Pre-Chlorinated Pipe Bursting of Potable Water Mains contract to Killebrew, Inc. was
approved at the 5/7/16 City Commission Meeting and is for a one (1) year term that ends on April 31, 2020 with
an option to renew for two (2) one-year terms. The vendor has agreed to renew the existing agreement with
the same Terms and Conditions for May 17, 2020 thru May 16, 2021, the first renewal of two renewal periods.
REQUESTING DEPARTMENT: POLICE
DEPARTMENT CONTACT: Captain Matthew Zeller
TERM: January 25, 2020 to January 24, 2021
SOURCE FOR PURCHASE: City of Miami IFB No. 516388
ACCOUNT NUMBER: 501-2516-519-64-33
VENDOR(S): DANA SAFETY
ANNUAL ESTIMATED EXPENDITURE: $400,000
DESCRIPTION:
On November 20, 2018, City Commission approved a piggyback contract with DANA Safety for Emergency
Equipment for Law Enforcement Vehicles. On October 23, 2018, the City of Miami exercised the third and final
renewal of the contract effective January 25, 2020 thru January 24, 2021. DANA Safety has agreed to extend
the prices, terms and conditions of the City of Miami Contract to the City thru January 24, 2021.
Jan 25, 2019
City of Boynton Beach
Publics Works/ Solid Waste
222 N.E. 9t11 Ave.
Boynton Beach, FL 33435
RE: Bid#516388 "IFB for Purchase and/or Installation of Municipal Vehicle Equipment-Citywide"
To Whom This May Concern:
Dana Safety Supply (DSS) will allow the use of piggybacking the pricing that was submitted under
City of Miami contract for Agencies/Departments to use. Should you have any questions, please feel
free to contact me at any time. My Contact number is 954-520-3874 or 954-257-6495.
Thank you
"57
Z/111
Jose Ferrando
South Florida Territory Manager
Dana Safety Supply
Pompano Beach Location
4100 N. Powerline Rd,Suite#W4
Pompano Beach FL,33073
954-257-6495 (C)
Page 350 of 670
Titt Tami"',
I j ior f *_ H
Tlrocurenwnt
THIRD&FINAL RENEWAL
IFB NO: 516388(21)
DESCRIPTION: PURCHASE AND/OR INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE
TERM OF CONTRACT: TWO(2)YEARS,WITH OTR FOR THREE (3)ADDITIONAL ONE-YEAR PERIODS
CONTRACT PERIOD: JANUARY 25, 2016 THROUGH JANUARY 24, 2018
FIRST RENEWAL: JANUARY 25, 2018 THROUGH JANUARY 24, 2019
SECOND RENEWAL: JANUARY 25, 2019 THROUGH JANUARY 24, 2020
THIRD & FINAL RENEWAL: JANUARY 25,2020 THROUGH JANUARY 24,2021
COMMODITY CODE: 05557-00
SECTION#1 —VENDOR AWARD
Dana Supply, Inc. Signal Technology Enterprises
1620 NW 8211 Ave. 420 West 27th Street
Doral, FL 33126 Hialeah, FL 33010
Contact: Mark Sevigny Contact:Albert Espinosa
Phone: (800)854-5536 Phone: (305)986-1373
Email: msevignyp_ldss.com Email:fireal .me.com
Strobes-R-Us, Inc.
2681 Hammondville Road
Pompano Beach, FL 33064
Contact: Tom Hanina
Phone: (954)946-9955
Fax: (954)946-9677
Email:sales srus.com
SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CC AWARD DATE: JANUARY 14, 2016 AMENDED AMOUNT: N/A
RESOLUTION NO: 16-0009 INSURANCE REQUIREMENTS: YES
TOTAL CONTRACT AMOUNT: N/A PERFORMANCE BOND: N/A
APPLICABLE ORDINANCES: N/A
Notes: THIRD & FINAL RENEWAL: JANUARY 25,2020 THROUGH JANUARY 24,2021
SECTION#3 -REQUESTING DEPARTMENT
CITY OF MIAMI, DEPARTMENT OF GSA
Contract Administrator: John Babos
Phone: (305)329-4874
SECTION#4-PROCURING AGENCY
CITY OF MIAMI, DEPARTMENT OF PROCUREMENT
Buyer: Cris Lima
Phone: (305)416-1904
Prepared By: Aileen Carbonell, 11/1/19
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
WWW.MIAMIGOV.COM/PROCUREMENT
Page 351 of 670
�'hCity f
p�oynton Beach
FinancelProcurement Services
P.O.Box 310
Boynton Beach,Florida 3342.5-0.316
Telephone No: (56.1)742-6310
FAX (S61)742-6316
April 1 ,2020
Andy Mayer
Murphy Pipeline Contractors, Inc.
VIA EMAIL TRANSMITTAL TO: andym@murphypipelines.com
BID: PRE-CHLORINATED PIPE BURSTINGF POTABLE WATER
BID No.: 036-2821-16/TP
CURRENT AGREEMENT TERM: May 17, 2019' ay 16, 2020
Dear Mr. Mayer:
The current agreement term for the"PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER
MAINS"awarded to Murphy Pipeline Contractors, Inc. expires May 16, 2020.
The agreement documents allow for one(1)additional one(1)year extension and we would like to extend
the hid for an additional one-year period with the same terms,conditions and pricing.
Please indicate your response on the following page and return it to Procurement Services via email to
�:,..mo L=fi1. N at your soonest convenience. If you should have any questions, please do not hesitate to
call Skender Coma, Procurement Intern at(561)742-6306,
Sincerely,
%tyl*. a�.z
Mara Frederiksen
Director of Financial Services
cc: Taralyn Pratt, Contract Coordinator
Tremaine Johnson, Manager, Field Operations
America's Gateway to the Gulf Stream
Page 352 of 670
The Ciftj of
Boynton
Beach
inaneelProcurement Services
fan Box31
Boynton Beach,Florida 33425-0310
Telephone o; (51)742-6310
FAX (561)742-6316
April 16, 2020
BID: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
BID No.: 036-2821-161TP
CURRENT AGREEMENT TERM: May 97, 2099 THRU May 16, 2020
Agreement between the City of Boynton Beach and Murphy Pipeline Contractors, Inc.:
AGREEMENT RENEWAL TERM: May 17,2020 THRU May 16, 2021
X Yes, 1 agree to renew the existing agreement under the same terms, conditions, and pricing for
an additional one-year term.
No, 1 do not wish to renew the bid for the following reason(s)
Murphy Pipeline Contractors, Inc.
NAME OF COMPANY SIGNA E
Andrew Mayer _ President
NAME OF REPRESENTATIVE TITLE
(please print)
April 16th,2020 904-764-6887
DATE (AREA CODE)TELEPHONE NUMBER
andm@murh i elines.com
E-MAIL
America's Gateway to the Gulf Stream
Page 353 of 670
Ire Cityof
Boynton Beach
Finance/Pracurement Services
P.G. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561)742-6310
FAX: (561)742-6316
April 17, 2020
William C. Thomas IV
Killebrew, Inc.
VIA EMAIL TRANSMITTAL TO: bill@killebrewinc.net
DID: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
DID No.: 036-2821-161TP
CURRENT AGREEMENT TERM: May 17, 2019 THRU May 16, ,2020
Dear Mr. Thomas:
The current agreement terra for the"PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER
MAINS" awarded to Killebrew, Inc. expires May 16, 2020.
The agreement documents allow for one (1) additional one (1) year extension and we would like to extend
the bid for an additional one-year period with the same terms, conditions and pricing.
Please indicate your response on the following page and return it to Procurement Services via email to
comasbbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to
call Skender Corea, Procurement Intern at(561) 742-6308.
Sincerely,
Mara Frederiksen
Director of Financial Services
cc: Taralyn Pratt, Contract Coordinator
Trernaine Johnsen, Manager, Field Operations
America's Gateway to the Gulf Stream Page 354 of 670
The City o
Boynton Beach.
Finance/Procurement Services
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561)742-6310
49 FAX: (561)742-6316
April 17, 2020
BID: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS
BID No,: 036-2821-161TP
CURRENT AGREEMENT TERM: May'17, 2019 THRU May '6, 2020
Agreement between the City of Baynton Beach and Killebrew, Inc.:
AGREEMENT RENEWAL TERM: May!7, 2020 THRU May f6, 2021
_ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for
an additional cane-year term.
No, I do not wish to renew the bid for the following reason(s)
Killebrew, Inc.
NAME OF COMPANY SIGNATURE
NAME OF REPRESENTATIVE TITLE
(please print)
i
DATE (AREA CGDE) TELEPHONE NUMBER
E-MAIL
America's Gateway to the Gulf Stream Page 355 of 670
7.C.
CONSENT BIDS AND PURCHASES OVER$100,000
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-037- Approve Award of Bid No. 012-
2511-20/EM for HVAC Maintenance and Mechanical Services and authorize the City Manager to sign a
contract with A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974 as the lowest, most
responsive, responsible bidder for an annual estimated amount of$150,000 for a period of three (3) years,
with an option to renew for three (3) one-year terms for a total $900,000 estimated amount over the total
potential term of the agreement.
Explanation of Request:
On April 10, 2020, Procurement Services opened five (5) bids in response to the Invitation to Bid No. 012-
2511-20/EM for HVAC Maintenance and Mechanical Services.
The bid proposal from A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974 was
determined by City staff to be the lowest, most responsive, responsible bidder.
How will this affect city programs or services? The HVAC Maintenance and Mechanical Services are
necessary in order to maintain the approximately 200 HVAC units in the City owned facilities on an as needed
basis.
Fiscal Impact: Budgeted Facilities Mechanical Repairs— Budgeted Account#001-2511-519-46.25
Alternatives: Reject all bids and re-bid this project.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant? No
Grant Amount:
Contracts
Page 356 of 670
Vendor Name: A-1 Air Solution, LLC
Start Date: 5/5/2020
End Date: 5/4/2023
Contract Value: $150,000 Annual Estimate
Minority Owned Contractor?: No
Extension Available?: Yes
Extension Explanation:
The City of Boynton Beach Purchasing Manager, in consultation with the Finance Director, may extend the
agreement at the same terms, and conditions, for three (3) one-year renewals (exercised separately) subject
to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in
cost of less than 2% for each extension may be approved by the City administration and does not require
Commission approval.
ATTACHMENTS:
Type Description
Resolution Resolution awarding bid and Contract to A-1 Air
Solutions
D Contract A-1 Air Solution Contract for HVAC Svs RW -
PDF
Addendum A-1 Air Solution Contract Signed Signature Page
04-24-2020 10.40.30
D Addendum BidClosingSubmissionSummaryPDF
D Addendum 02-kickbackA-1 Air Solution Bid
D Addendum 01-packetA-1 Air Solution Bid
D Addendum 03-nocollusion A-1 Air Solution Bid
D Addendum 04-osirislicense A-1 Air Solution Bid
D Addendum 05-pursuant A-1 Air Solution Bid
D Addendum 06-ciacci A-1 Air Solution Bid
D Addendum 07-insurancerevised A-1 Air Solution Bid
D Addendum 03-osirislicense A-1 Air Solution Bid
D Addendum 10-acti A-1 Air Solution Bid
D Addendum A-1AirSolutionsL-012-2511-20EIVA
D Addendum ITB 012-2511-20EIVA Addendum 2 for HVAC
D Addendum ITB 012-2511-20EIVA Addendum 1 for HVAC.doc
D Addendum ITB 012-2511-20EIVA HVAC Maintenance Final
Page 357 of 670
1 RESOLUTION NO. R20-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA,APPROVING AN AWARD OF BID NO. 012-2511-
5 20/EM FOR "HVAC MAINTENANCE AND MECHANICAL
6 SERVICES" ,AND AUTHORIZE THE CITY MANAGER TO
7 SIGN A CONTRACT WITH A-1 AIR SOLUTIONS,LLC., OF
8 OKEECHOBEE, FL AS THE LOWEST, MOST
9 RESPONSIVE, RESPONSIBLE BIDDER FOR AN ANNUAL
10 ESTIMATED AMOUNT OF $150,000.00 FOR A PERIOD OF
11 THREE (3) YEARS WITH AN OPTION TO RENEW FOR
12 THREE (3) ADDITIONAL ONE-YEAR TERMS; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on April 10, 2020,Procurement Services opened five (5)bids in response
16 to the Invitation to Bid No. 012-2511-20/EM for "HVAC MAINTENANCE AND
17 MECHANICAL SERVICES"; and
18 WHEREAS, the HVAC Maintenance and Mechanical Services are necessary in order
19 to maintain the approximately 200 HVAC units in the City owned facilities on an as-needed
20 basis; and
21 WHEREAS, the bid proposal from A-1 Air Solutions, LLC., of Okeechobee, FL was
22 determined by City staff to be the lowest, most responsive, responsible bidder; and
23 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
24 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award
25 Bid No. 012-2511-20/EM for"HVAC Maintenance and Mechanical Services" , and authorize
26 the City Manager to sign a contract with A-1 Air Solutions, LLC., of Okeechobee, FL as the
27 lowest, most responsive,responsible bidder for an annual estimated amount of$150,000.00 for
28 a period of three (3)years with an option to renew for three (3) additional one-year terms for a
29 total estimated amount over the total potential term of the Contract in the amount of
30 $900,000.00.
31 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
S:ACA\RESO\Agreements\Award Bid and Contract to A-1 Air Solutions-Reso.docx
-1 -
Page 358 of 670
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption.
35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
36 approves the award of Bid No. 012-2511-20/EM for "HVAC Maintenance and Mechanical
37 Services" , and authorize the City Manager to sign a contract with A-I Air Solutions, LLC., of
38 Okeechobee, FL as the lowest, most responsive, responsible bidder for an annual estimated
39 amount of $150,000.00 for a period of three (3) years with an option to renew for three (3)
40 additional one-year terms for a total estimated amount over the total potential term of the
41 Contract in the amount of $900,000.00. A copy of the Contract is attached hereto as Exhibit
42 "A".
43 Section 3. That this Resolution shall become effective immediately.
44 PASSED AND ADOPTED this day of May, 2020.
45 CITY OF BOYNTON BEACH, FLORIDA
46 YES NO
47
48 Mayor— Steven B. Grant
49
50 Vice Mayor—Ty Penserga
51
52 Commissioner—Justin Katz
53
54 Commissioner—Woodrow L. Hay
55
56 Commissioner— Christina L. Romelus
57
58 VOTE
59 ATTEST:
60
61
62 Crystal Gibson, MMC
63 City Clerk
64
65
66 (Corporate Seal)
S:ACA\RESO\Agreements\Award Bid and Contract to A-1 Air Solutions-Reso.docx
-2-
Page 359 of 670
CONTRACT NO. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
BETWEEN THE CITY OF BOYNTON BEACH
AND
A-1 AIR SOLUTION, LLC
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974, hereinafter
referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide HVAC
MAINTENANCE AND MECHANICAL CONTRACT SERVICES as outlined in INVITATION
TO BID #012-25111-20/EM, which with the Vendor's response to the ITB by reference are
hereby made part of this agreement.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A"
Scope of Services attached hereto and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies on an "AS NEEDED" basis on the
unit . No modifications will be made to the original scope of work without the written approval
of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement effective effective upon date
the contract is fully executed by all parties.
4. TERM. The initial term of the contract shall be for three (3) years effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in
consultation with the Finance Director may extend the agreement at the same terms, and
conditions, for three (3) one-year renewals (exercised separately) subject to vendor
acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City.
An increase in cost of less than 2% for each extension may be approved by the City
administration and does not require Commission approval.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for
services rendered under this Agreement as follows:
a. The total contract price in the amount of as specified in Exhibit "B" Schedule of Prices for
an annual estimated amount of$150,000.00 for a period of three years (3), with an option to
renew for three (3) one-year terms for a total $900,000.00 estimated amount over the total
potential term of the agreement, shall be the total amount of payment to Vendor for services
provided under this Agreement for the entire term of the Agreement.
b. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Vendor shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee and invoices are in accordance with the Exhibit "B"
Schedule of Prices.
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Page 360 of 670
c. The Vendor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Vendor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Vendor in connection with the services rendered under this
agreement shall be the property of the City whether the project for which they are made is
executed or not. The Vendor shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Vendor's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under
this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon thirty
(30) days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be
entitled to any benefits accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Vendor, or any employee of
Vendor.
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Page 361 of 670
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed
or retained any company or person, other than a bona fide employee working solely for the
Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Vendor any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
15.TERMINATION.
a. Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and
without prejudice to any other right or remedy, terminate this Agreement for City's
convenience. Where the Agreement is terminated for the convenience of City, the notice of
termination to Contractor must state that the Agreement is being terminated for the
convenience of the City under this termination clause, the effective date of the termination,
and the extent of termination. Contractor shall be paid for the services up to and including the
effective date of the termination. This shall mean payment for all completed tasks and
payment for uncompleted tasks based upon a percentage of completion of such uncompleted
tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting
from such termination.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory
personnel assigned to the project, the surviving members of the Vendor hereby agree to
complete the work under the terms of this Agreement, if requested to do so by the City. This
section shall not be a bar to renegotiations of this Agreement between surviving members of
the Vendor and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a court
of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed
under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
C-1
Page 362 of 670
Boynton Beach, FL 33425-0310
Notices to Vendor shall be sent to the following address:
Damian Garcia
A-1 Air Solution, LLC
849 SW 20th Avenue
Okeechobee, Florida 34974
Phone: 863-623-6203
Email: alairsolutionsokee@gmail.com
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Firm.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless
the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession
once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of public
records, in a format that is compatible with the information technology systems of the
CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
C-1
Page 363 of 670
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement,
Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further
certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will not contract
for the provision of goods or services with any scrutinized company referred to above. Submitting
a false certification shall be deemed a material breach of contract. The City shall provide notice,
in writing, to Contractor of the City's determination concerning the false certification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If such
false certification is discovered during the active contract term, Contractor shall have ninety (90)
days following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to terminate
the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
21. EXECUTION OF THE AGREEMENT. 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.
DATED this day of 20
CITY OF BOYNTON BEACH A-1 AIR SOLUTION, LLC
Lori LaVerriere, City Manager Osiris Mendez, President
Attest/Authenticated:
(Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
C-1
Page 364 of 670
James A. Cherof, City Attorney Secretary
C-1
Page 365 of 670
City of Boynton Beach
EXHIBIT A
SCOPE OF SERVICES
1.3.1 PURPOSE:
Perform normal and on-call HVAC Maintenance and Mechanical Services to designated City of
Boynton Beach (referred to as COBB) facilities as directed by the Contract Administrator or their
designee.
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
It shall be the Contractor's responsibility to provide monthly preventative maintenance to
effectively maintain, to the satisfaction of the COBB, all aspects of HVAC systems at the COBB
facilities. For the purpose of this contract, the routine preventative HVAC maintenance shall be
defined as scheduled routine inspection and proactive servicing of HVAC systems so as to
facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall
be provided in accordance with the highest standards of the industry (ANSI/ASHRAE/ACCA
Standard 180-2018), skill, workmanship, applicable trade practices, meet warranties and in
conformance to all applicable laws, codes and regulations. The successful Contractor's
maintenance program and repairs shall, at a minimum, include but not be limited to the
specifications outlined herein.
The equipment to be maintained includes but is not limited to, split systems, exhaust fans, gas
fired unit heaters, package units, bard units, and forced air systems. The equipment to be
maintained is of various types of manufacturers.
The Contractor shall furnish all labor, supervision, materials, (except filters, the COBB will supply all
cardboard and metal framed filters), and test equipment to facilitate all major and minor repairs, new
installations of various HVAC equipment, and perform monthly preventive maintenance regularly
found in the HVAC field including but not limited to:
Boiler Systems Mini-split Systems
Chilled Water Systems Wall mounted package units (Bard Units)
Cooling Towers Roof/Ground mounted package units
C-7
Duct Work Exhaust Systems Variable Frequency Drive (VFD)
Water Pumps Variable Air Volume (VAV)
Window/Through Wall A/C Systems Mechanical Piping
Bi-Annual Ductwork Inspection Monthly Air Handler Unit Ductwork Inspection
Automatic ice-makers Water Fountains
Duct Cleaning including Air Handlers
Prior to beginning any repair or replacement outside the scope of preventative maintenance work,
the Contractor will troubleshoot the system to diagnose the system's problems. The COBB shall
not incur any extra charge for this service. Contractor shall provide a quote to the COBB prior to
any and all repairs and replacements. Repairs and replacements will not begin without
authorization from the Contractor Administrator or their authorized designee. The COBB reserves
the right to obtain additional work quotes and service from trade companies other than the
successful bidder for repair and replacement of work and materials.
All services shall include all necessary labor charges, tools, fuel, equipment and materials
delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and
District Master Specifications.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against any
defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect that
may become apparent within a period of one year after completion of work. The warranty period
shall commence upon date of acceptance, inspection and approval by City Representative only.
If the vendor is notified in writing of a deficiency in the work provided, within one year from
completion of the work, the vendor shall, at City's option, re- perform the work in question at no
additional cost to City, or refund the original charges for the work in question to City, including the
difference in cost if any, to re-perform the work if completed by another vendor.
1.4 GENERAL REQUIREMENTS:
A. EMERGENCY REPAIRS:
The Contractor shall have a 24/7 on-call service availability for emergency repairs, defined as
situations where immediate repairs are required to prevent the loss of service to alleviate the
possibility of a situation which would adversely and unduly affect the safety, health or comfort of
building, occupants, or otherwise cause loss to the COBB. In the event of an emergency the
contractor shall respond as follows:
• 30 minutes to acknowledge emergency call, email or text.
• 90 minutes to be on site.
B. COMMUNICATIONS:
The contractor or his/her representative will meet with the City's contract administrator every other
Monday, to discuss schedules, problems, needs, and mutual areas of concern.
All contracted employees (including sub-contractors) shall have the qualifications, certifications,
and training in the following:
1. AC troubleshooting, maintenance and repair
2. Heating systems & boilers
3. Energy efficiency & green awareness
4. Testing & balancing of HVAC systems
5. Centrifugal Chiller troubleshooting, maintenance and repair
6. R-Series Chiller troubleshooting, maintenance and repair
C-8
7. VFD installation and programming
8. Proficient in the following:
a. Tracer Summit Installation and Programming
b. Trane ICS Systems Certification
c. Niagara AX Certification
d. Trane Comm 5 Automation
C. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any City
facilities area without displaying the required City issued photo identification badge, wearing
uniform shirts clearly identifying the company's name, and wearing closed toe, rubber soled shoes
at all times. Also, while shorts are acceptable, they cannot be more the 3" above the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
D. PAYMENT/ PAYMENTTERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage or
defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in accordance
with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor's invoice for any equipment and parts used
(including mark-up as specified in Attachment "C".
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth above
may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
E. INCORRECT PRICING/INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the original
Purchase Order, must be brought to the attention of the Contract Administrator and corrected prior
to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the
Contract Administrator's attention and did not receive written approval via a Change Order issued
by the Purchasing Agent may not be honored.
C-9
F. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that adds
additional costs must be brought to the Contract Administrator's attention and approved by the
Purchasing Department prior to commencement of additional work, shipment of goods or the
addition of unauthorized freight charges. Once approved, a Change Order will be issued to include
the additional costs and work may commence and/or shipment of goods can begin. Additional costs
that were not brought to the Contract Administrator's attention and did not result in a Change Order
approved by the Purchasing Agent may not be honored.
G. COMPLETION OF SERVICES/LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule, unless
written request for extension and the approved authorization has been granted. Should the bidder
to whom the repair work is awarded, fail to complete the work within the number of days stated in
the quote, the COBB reserves the right to:
1. Collect liquidated damages in the amount of$250 per day work is not completed OR
2. Cancel the contract with the bidder and to secure the services through another source
of supply to complete the work.
If the COBB exercises one of these options, the COBB may at its option request payment from the
bidder through invoice or credit memo, for any additional costs over and beyond the original quoted
prices, which were incurred by the COBB as result of having to secure the services elsewhere or
for liquidated damages. If the bidder fails to honor this invoice or credit memo, the COBB may
remove that bidder from the contract.
H. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects, deficiencies,
and/or non-conformances are reported in writing (email, memo, inspection reports, etc.) to the
Bidder by the Contract Administrator or designee. The Bidder shall bear all costs of correcting
such rejected work. If the Bidder fails to correct the work within the period specified; the COBB
may, at its discretion, notify the Bidder, in writing, that the Bidder is contractually default and obtain
the services of another vendor to correct the deficiencies, and charge the Bidder for these costs;
either through a deduction from the final payment owed to the Bidder or through invoicing.
I . CONTRACTOR'S RESPONSIBILITY:
1. Upon award of contract the contractor shall provide within 90 days a complete inventory list
of all HVAC equipment for the COBB facilities.
2. Upon award of the contract, the Contractor shall replace all cardboard filters and inspect
metal framed filters and write the date of the filter change on the filter.
3. Upon award of contract,the contractor shall affix to the unit an inspection/maintenance sticker
of the date of inspection.
4. Contractor shall inspect monthly, all filters (cardboard and metal framed), cardboard filters
shall be replaced monthly, metal framed filters shall be replaced every 12 months. Contractor
shall write on the filter at every monthly inspection with a sharpie the date of the inspection.
5. Contractor shall inspect monthly, electrical connections, gas levels (if the pressures are low
then perform a leak check), exhaust fans, belts, motors, bearings, etc. for proper operation.
C-10
6. Contractor shall monthly flush and clean condensation lines.
7. Contractor shall quarterly clean ice maker coils.
8. Contractor shall change monthly all "single" cartridge ice makers.
9. Contractor shall change monthly the "white" cartridge on the 3 filter system ice makers.
10. Contractor shall monthly inspect bottle filling water fountains and change filter cartridge when
the light is lite to change.
11. Contractor shall bi-annually degrease and clean all coils.
12. Contractor shall affix to the unit a maintenance sticker stating the date of the monthly
maintenance.
13. Contractor shall take field measurements and verify field conditions. Contractor shall
carefully compare such field measurements and conditions and other information provided
by the COBB before commencing activities. Errors, inconsistencies or omissions
discovered shall be reported to the COBB at once prior to commencement of work. Failure
to report conflicts to the Contract Administrator will result in contractor's corrective action
at their own expense.
14. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish,
scrap materials, and debris that result from their operations so that work site presents a
neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from
the premises. NO rubbish shall be deposited as fill on the work site. At completion of work,
the contractor shall remove all work materials,tools,construction equipment, machinery, and
surplus materials from the work site and shall leave project in ready to use condition.
15. Contractor shall be responsible for the protection of all buildings, structures, and utilities that
are underground or above ground from their operations that may be hazardous and/or
damaging to said facilities.
16. Contractor shall provide due care at all times while performing any task at any COBB
controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to
avoid creating hazardous condition for pedestrians, property, and vehicles.
17. The contractor shall accept full responsibility for refrigerant handling at every assigned
job/project.
18. The contractor shall provide a construction work schedule and submit it to the COBB
designated contact person. The schedule shall include estimated commencement and
completion dates.
19. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's
responsibility.
20. Contractor shall not inhibit access to the COBB facilities during pursuit of work specified
herein.
21. Contractor shall leave the work site in a neat and orderly fashion at the end of each
workday
C-11
22. All personnel (contractor or sub-contractor) shall contact the Contract Administrator prior to
commencing any work for the purpose of providing COBB escort.
23. Contractor will remedy any and all damage to property by acts of omission or vandalism which
occur as a result of their work.
24. The contractor shall be responsible for the protection of all personnel against hazards and/or
injuries due to their construction operations at the work site.
25. Contractor shall correct any and all damage caused by their operations to the COBB's
satisfaction at no additional cost to the COBB.
26. The contractor shall have an English-speaking supervisor/representative on the worksite at
all times, who shall be thoroughly knowledgeable of all plans, specifications, and other
contract documents and has the authority to act in the contractor's behalf.
27. The contractor shall be responsible for the appearance of all working personnel assigned to
the projects (clean and appropriately dressed) at all times, and their compliance with the
COBB Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs
while on COBB property. The provision or use of existing sanitary facilities will be discussed
and determined at the pre-construction meeting. All contractor and sub-contractor
personnel must have a badge, indicating clearance. The contractors name and a traceable
number must be visible.
28. Contractor shall not proceed with any project until in receipt of Purchase Order or Change
Order.
29. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike
manner. The Contractor shall, and in addition to all other guarantees, be responsible for
faulty labor or workmanship and shall promptly correct improper work, without cost to the
COBB, within 24 hours after receipt of notification of such faulty labor or workmanship. If
the Contractor fails within 24 hours to correct defects, the Owner shall be entitled to have
such work remedied; and the Contractor shall be fully liable for all costs and expense
reasonably incurred by the Owner. Payments in full or otherwise do not constitute a waiver
of this guarantee. The guarantee period shall be effective for one (1) year after acceptance
of the work by the COBB.
30. If the contractor determines additional work beyond the scope of original project is required,
the contractor must notify the Contract Administrator with details of additional work and an
itemized pricing to complete the additional work. This work shall not start until contractor is
in receipt of an approved change order. In cases of emergency, the Contract Administrator
will follow the COBB's Purchasing Department Emergency Purchases procedure as
applicable.
31. Contractor shall use only factory OEM parts while performing services and equipment under
original warranties. After-market parts will be permissible on units out of warranty period
upon COBB's approval. Prior authorization must be obtained before acquisition and
installation is performed.
32. Contractor shall be responsible for correction/replacement, according to local codes and
COBB's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks,
streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's
C-12
operations.
33. Should any contractor/employee in the performance of this contract encounter materials that
they suspect are embedded with asbestos, they should:
a. Stop all work at the site and do not disturb the area of suspicion.
b. Contact the Contract Administrator or their designee.
c. Call the appropriate trade supervisor and advise them of the discovery.
d. Leave the site until the materials can be analyzed.
34. The Contractor shall conform to all Federal, State, County, and SDPBC standards and
regulations during the performance of the Agreement. Continued violations by a Contractor
may constitute cause for immediate termination of the contract.
35. Technical Literature:
Two copies of product information, including technical and descriptive literature, shall be
provided with all new products installed in the COBB. Technical literature shall be provided
to the Contract Administrator.
36. Submittals:
Contractor is required to submit catalog cuts, specifications sheets, and any other technical
data necessary to enable proper evaluation for all materials and/or equipment which will be
utilized in the performance of each project resulting from this bid. Failure of the contractor to
provide the foregoing information may be grounds for rejection of quotes associated with this
bid.
37. Repair and Maintenance Manuals:
Three manuals containing troubleshooting procedures, parts list, disassembly instructions,
schematic diagrams, etc., shall be provided at no cost for each unit of equipment furnished
under any contract resulting from this Bid. Job will not be considered complete until all
manuals have been received.
38. Installation:
Successful vendor shall be responsible for unloading, uncrating, setting in place and making
ready for operation all items awarded. Successful vendor shall be responsible for furnishing
all labor and materials to install designated items.
Installation shall include, but not limited to, disconnect and removal of old equipment (where
replacement is involved), full and complete hook-up of new unit. Vendor shall make all final
connections. The COBB will furnish necessary services within a reasonable distance.
Disconnection and/or hook-up of units shall be accomplished only by personnel certified by
the State of Florida or Palm Beach County as being qualified to perform task involved and
demonstrate. When applicable, vendor shall be responsible for all utility locates at their
expense.
39. Inspections:
The contractor shall notify the assigned Contract Administrator of job progress and make
arrangements for COBB inspection of work performed. The contractor shall not proceed
with other work until the previous portion has been approved. Required inspections will be
outlined in the scope of each job or at pre-construction meeting. A minimum of 24 hours'
notice to the COBB must be provided for each inspection. Completion of contract shall be
defined as final inspection and subsequent sign-off by inspector/project manager, on all
work as satisfactory and acceptable to the COBB.
C-13
40. Uncovering of Work:
The contractor may be required to photograph new installations and/or repairs made
underground when a COBB Representative is unavailable. These images shall be
forwarded to the Contract Administrator. This can be done via e-mail or US Postal Service.
If any portion of the work has been covered which the COBB has not specifically requested
to observe prior to being covered or photographed, the COBB may request to see such
work and it shall be uncovered by the contractor. If such work were found in accordance
with the contract documents, the cost of uncovering and replacement shall, through
purchase order change, be charged to the COBB. If such work were found not in
accordance with the contract documents, the contractor shall pay such cost unless it is
found that the COBB or a separate contractor caused this condition, in which the event the
COBB shall be responsible for payment of such cost.
41. Service/ Repair:
All repairs shall be performed using a time and materials basis.
42. Troubleshooting:
Once the technician determines nature or cause of failure, he must provide written cost of
repairs to the Contract Administrator.
43. Final Completion (new installations):
After satisfactory completion of work and all requirements are fully and finally completed,
the COBB shall certify Final Completion and acceptance. Final payment shall not be made
until Final Certificate of Occupancy or Completion for the project is received.
Contractor shall submit the following, where applicable:
a. Final Invoice
b. Approved mechanical, electrical and structural prints and final inspection report.
c. Warranty documents
d. Operational Manuals
e. Repair Manuals
f. Parts List
44. The City will be implementing a new asset management program to assist in keeping
records of preventative maintenance of assets. All assets will be tagged with a QR code,
the contractor shall be responsible for scanning each asset at the time of the
preventative maintenance.
M. WORK HOURS:
Normal work hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday. Any work
performed outside those hours shall be approved in advance by the City.
The hourly rate charge shall commence on the job site; all travel time expenses shall be borne
by the bidder and will not be reimbursed by the COBB.
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EXHIBIT B
SCHEDULE OF PRICES
Preventative Maintenance
Line
Item Description Rate
1 Preventative Maintenance(per ton)0-5 tons $11.00
2 Preventative Maintenance(per ton)5-39 tons $6.50
3 Preventative Maintenance(per ton)Over 40 tons $4.75
4 Preventative Maintenance(per Unit)-Exhaust/Supply Fans Flat Roof $45.00
5 Preventative Maintenance(per Unit)-Exhaust/Supply Fans Sloped Roof $92.50
Subtotal: $ 159.75
Labor Rates -Regular
Regular Time: Monday- Friday 7:00 a.m.—5:00 p.m.
Line
Item Hourly Rates Regular—Labor Rate Est. Hours Total
1 Supervisor $85.00 40 $3,400.00
2 Licensed Journeyman $73.00 40 $2,920.00
3 Forman $73.00 40 $2,920.00
4 Apprentice/Helper $42.50 40 $1,700.00
5 Controls Technician $110.0000 40 $4,400.00
6 Service Technician $73.0000 40 $2,920.00
Summary Table
Bid Form Amount
Preventative Maintenance$159.75
Labor Rates-Regular$ 18,260.00
Labor Rates-Overtime(this is for internal use only, not to be considered as part of award)$29,400.00
Labor Rates-Premium(this is for internal use only, not to be considered as part of award)$29,400.00
Subtotal Contract Amount: $77,219.75
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EXHIBIT C
A/C and Exhaust Inventory
Sheet
DATE:
FACILITY UNIT LOCATION
UNIT Exhaust Fan
Manufacturer Name Manufacturer Name
Manufacturer Date Manufacturer Date
Model # Model #
Serial # Serial #
Freon Type Number of blades
Motor Size (HP) & (RPM) Motor Size (HP) & (RPM)
Electrical Supply Electrical Supply
Electrical Phase Electrical Phase
Electrical Amps (max.) Electrical Amps (max.)
Filter size(s) Fan Size
Belt size(s) and model type and #'s Exterior screened YES
NO
Life expectancy Exterior screened condition
Notes:
C-16
EXHIBIT D
(PREVENTATIVE MAINTENANCE SHEET)
DESCRIPTION DATE / / Notes
FACILITY RECORD ALL FINDINGS USING THE NOTES COLUMN
UNIT UNIT LOCATION
Filter Check Change
(Write the date on the filters Check
when they are changed) Initial:
Condensation Drain Pan Clean
Initial:
Condensation Drain Line Clean
Initial:
Evaporator Coil Clean
Initial:
Blower Wheel Inspect
Initial:
Compressor Inspect
Initial:
Drive Belts Inspect
Initial:
Piping Insulation Inspect
Initial:
Pulleys/Sheaves Inspect
Initial:
Electrical Connections Inspect
Initial:
Test Motor,Record Voltage Inspect
Initial:
Test AMP draw on Motor
Freon Level
Initial:
Inspect Heater
Initial:
Calibrate Thermostat
Initial:
Lubricate necessary Parts
Initial:
TASKS FOR CHILLER TOWERS/EQUIPMENT ONLY
Cooling Tower Inspect
Initial:
Water Treatment Chemicals Inspect
Record
(Order Chemicals as Necessary) Initial:
Temperature Readings In Various Zones
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
-17
Zone( ) Record pwA
Zone
Initial:
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants, lessees,etc., and the limits required by the City: (NOTE: This list is not all inclusive,and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $ 1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv. Injury $ 1,000,000.00
Liquor Liability Each Occurrence $ 1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med. Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $ 1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $ 1,000,000.00
Aggregate $ 1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other- As Risk Identified to be determined
------------------------------------------------------------------
C-18
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3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement,
Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further
certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will not contract
for the provision of goods or services with any scrutinized company referred to above.Submitting
a false certification shall be deemed a material breach of contract.The City shall provide notice,
in writing, to Contractor of the City's determination concerning the false certification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If such
false certification is discovered during the active contract term, Contractor shall have ninety (90)
days following receipt of the notice to respond in writing and demonstrate that the determination
of false certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shah have the right to terminate
the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
21. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be sOgned 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.
I DATED this QH day of
I
CITY OF BOYNTON BEACH A-1 AIR SOLUTION, LLC
i
Lori LaVerriere, Ckyy Manager Os M , ez,President
Not"Publio State of Fbrida
«P Beatriz M Garcia
i MY CWMISSion QO 21 8442
Attest/Authenticated: VVI E)0-03115=22
^ s
(Corporate Seal)
Crystal Gibson,City Clerk
Approved as to Form: Attest/Authenticated:
C-1
Scannery Ger
012-2511 -20/EM
HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES
Closing Date: Friday,April 10,2020
Submission Summary
Vendor City/Province Submission Name Unofficial Value or
Notes
A-1 Air Solutions, LLC okeechobee, Florida Submission 1 $77,219.75
H vac, Inc. Deerfield Beach, FL Submission 1 $78,087.50
Precision Air Systems Wellington, FL iSubmission 1 1 $83,962.50
ABM Pompano Beach, FL iSubmission 1 1 $117,142.24
Hill-York Services, LLC West Palm Beach, FL iSubmission 1 $124,190.85
Witness(Print Name) Signature Date
Witness(Print Name) Signature Date
Witness(Print Name) Signature Date
Page 379 of 670
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
SS
COUNTYOF PALM BEACH I
1, the unders0ed hereby duly sworn, depose and say that no portion of the sum herein submitted Oil
be paid to any employees of the City of Boynton Beach as a commission, kickback„ reward of gift„
directly or indirectly by nae or any member of my integrator or by an officer of the corporation.
By:
ME-SIGNATURE
Sworn and subscribed before me
this ZR day of 202
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large t J AL V/I f
r, w
d F
COMPANY
G a8
Evc-esim202 ,e__
"OFFICIAL NOTARY SEAL"STA P
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FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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BIDDER'S QUALIFICATION STATEMENT
It 13L f it l 1I r) AND IJPIyOA,D [) 0111w114
The undersigned certifies under oath the truth and correctness of all statements and of all answers
tO questions made hereinafter:
Check One LL e-
0)
Submitted By: Corporation
Name: �.. f � Partnership
Address: . LN
Individual
CITE', Mate, Zip, �� �,�
Telephone No.: "
Fax No,,,
Email Address.: .
1• State the true,exact,correct and complete name of the partnership,corporation,trade or fictitious
name under which you do business and the address of the place of business,.
The correct name of the Bidder is, I
1' n
The address of the pdnci al place of business is:.
LW�
2. If Bidder is a corporation, answer the foltowing;
ae Date of Incorporation: a
b. Mate of Incorporation,
C, President's name: i r
d. Vice President's name: �01,,r.: _
e. Secretary's name:
f. Treasurer's name;
g. Name and address of Resident Agent. } L ,
as If Bidder is an individual or a partnership, answer the fotlov'ng: bta�e
THIS PAGE MUST RE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO RE CONSIDERED COMPLETE AND ACCEPTABLE
Sic anne wl
a Date of ofganlzatilrrr
b} Name 4.ldh-5SS ,Mid 0"11el hlf]LAIMS raf all partners
c -3
*'V �� »4. _ t�l �*!:�.`k.4'S �'p [ R
c, Mate Miether general or limited parinersfaip`
4. If Bidder is ether than an individual,corporation or partnership,describe the organization and give
the name and address of principals:
S. If Bidder is operating under a fictitious name. subW evidence of compliance with the Ftorida
Fictitious Marne Statute. '
6, How many years has your organization been in business under its present business name?
Under what other former names has your organization operated?
T. indicate registration, license numbers or certificate numbers for the businesses or professions;
which are the subject of this Bid..Please attach certificate of competency and/or state registration.
8, aid you attend the Pre-Bid Conference if any such conference was held?
YES NO
S. Have you ever failed to complete any work awarded to you?if so„state when,where and why:
0°
10. List the pertinent experience of the key individuals of your organization(continue on insert
sheet,if necessary)
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FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
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ALL _1ALnLL'C_
State the name of t ell dividual who WIr have personal supervision of the worts:
12, State the name and address of attorney, if any, for the business of The Bidder,
11 Mate the names and addresses of all businesses andlor Individuals who own an Interest of more
than five percent(5%) of the Bidder's business and Indicate the percentage owned of each such
business andlor individuaL
• -, ra
14. State the names,addresses,and the type of business of all firms that are partially or wholly awned
by Bidder:
15. State the name of Surety Company which will be providing the tams(if applicable),and name and
address of agent:
{y��
*'l G.C.'
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FOR PACKAGE TO BE CONSIDERED COMPLETE AN'D ACCEPTABLE
cannCaWith_ fb�"@fir°
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1 . Annual Average f�evpsjr)e (q Ill I30iter fr)r the lrasl lrlr m� yo,11s ,IS fi
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2 101000 In les"';1111all S250,01JO
55(l 00o 10 iess 111dr1 5500,010
4 SrCl(3 ()01)11 I � 11r 1> 1 171i,lhsan _
5 1 1 11111ill [o less than 2 1r11N11an
5 Milbon _.
7 n11111r)rt to 1r� � 9I1,1v1 StQ rr��lrl rt
$10 10 lass Ill $25 rr111t1r-Irl
5 n1dillon 10 less than 50 m-01ion
10 ! 5 million or greater
17 Bank References
Bank Address Telephone
,r-?
18. Provide description of policies and methods for pr€aJect monitoring and budgetinc cantrcal as mil
as adherence to project schedule(continue on insert sheet, if necessary).
15
M Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
4
4
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FOR PACKAGE TO BE CONSIDERED COMPLETE AMD ACCEPTABLE
Scanned with L8f`lMe _
20is the ling nclal statement strt)rnitted VA11h your brit (if applicable) for the identical organization
named on gage one?
YES 1
_._ .
21, If not, explain the relationship and financial responsibility of the organization yftse financial
Statement is provided (eq , parent subsidiary).
22. What will be your turnaround time for written responses to City inquires?
c
2 _ List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five(5)
years. include in the description,the disposition of each such petition.
tQ IA-
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last Five (S) years.. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project: which the
dispute arose, and a description of the subject matter of the dispute.
2.5� List and describe all criminal proceedings or hearings conceming business related offenses to
which the Bidder, its princ=ipals or officers or predecessors'organizations)were defendants_
A-10 w C-
THIS PACE MUST 13E SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
� ,canned with L 9 MS&W WT-
G. Has the Bidder,its pincipals,office-ts or taeen 'onvlcl rj rpt sa Pu011r,
Entity Crime, debarred or suspended firm wiring by,, any government dubrag the tact five (5)
years? If sty. provide derails
C
The Bidder acknoxvledges And t.rndetstands that the infrarmatiriri confainodin response to this
Qualification Slalemeni shall he rehed upon,, by owing in awardinq the contrar.t and such
irifur ation i%%varranted by Llydrler Io h truQ 1 he discovery of any omission or misstatement haat
materially aftevts the Bidder's qualifications to perfrirrn urger We contract shall cause me osier
to reject the bid and it afier, the award, to cancel and terminate Irie award andfor contract.,
i
(Signed) '� •�,,� ,
(Title)
Subscribed and sworn to before me
This ZCk day of ` ter 020
Ivolary Pubficsignature)
My Commission Expires: � -
6k"ry PUN
SeaInZ M a csa
ate` Ex�. I��e1
t�22
�G 2 1 PAI 4 D2
THIS PAGE MUST BE SUBMITTED ALONG NTH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
canne _ wi
LUSION AFFIDAVIT OF,13IDDER
NON COLI
state,of
County
���. �` that'
Me
being first Burly srrr, deposes and say
the proposer that
integrator)
qtr)
04
7} I ie is arne of corporation or
( i l )
hass„rrhmated the atlached t7B'
2) a is fuller rrloi�rnm
e+7 respecting the preparation and contents of than attached sotgrni�ttal ar�d of aIt
pertinent circun'star7ces respecting such srybr7�ittal;
Said ITB is genuine and is not a collusive or share ITB; representatives,ved the saidisdr nor any cit its ercers, p
ariners. Owners', ,agents, ep
othercon
bider, Integralor or person to submit a c�tluslve ipr
errr leer, t or Ir�rkres In Interest,rr�cJudin isaffiant, has in any'�aY coltude�t, conspired, [JULS err til
p
or ar�reert., directly or indirectly�itl�any IT13 has
sham ITF3 in connectionw1h tr` a yr�chtsuchact f COor W integrator
tOr has inhadny rnannerdiirrectly orrindir gator
refrain from bidding in conn
soughl by a€�reer�t"nl or Ili sio the attached ITB or f any othecommunications or conference r�gdrier oor to ,ther a y overhead,
,
or person to fix the grace or prices in
rice or the ITB price Of any other Bidder, or to secure thrca y
of
profit or cost elerrrent of the ITS p
coiju�sion, conspiracy, connivance or unlaMul agreement nl a advantage aga r st the
�ffog l Beach or any person interested in tt'►rw proposed
The price or prices quoted In the z9achied hid are fair and proper and are not tainted by any
coti'usion, conspiracy, connivance or tunlawful agreementrninon the,Part ur f t tt�she r der tr any of Its
agents.r presentafiveS,owners, erhp y parties
(Signed) a
(Title .� f
N
Subscribed and sworn to before me
This day of C_ _.20 CJ
Wtearn 71013
Notary Public f inatl�r
GG
� i1b�r7'�f1+Y4t1'��
My Commission Expires°
THIS PACE MUST BE SUBMITTED ALONG W1TN RESPONSE IN ORDER
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IV
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
r Ell C01`41P L ICO Ardti Ij1-
, ,on behalf of A-' kr certify
Print Marne and Title Company Marne
that A- - does not:
Company Marne
I- Par0cipate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is rat on the Scrutinized Companies with Activities.in Sudan Last; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
S. Has rat engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract The City shalt
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant shall have ninety (90)days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. if the
Consultant does not demonstrate that the City's determination of false certification was made in
error thea the City shall have the right to terminate the contract and seek civil remedies pursuant.
to Florida Statute §287,135.
Section 287.135, Florida Statutes, prohibits the City from:
1� Contracting with companies for goods or services if at the nitre of loading on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List,created pursuant to Section 215 4725, F.S. or is engaged in a boycott of Israel,;
and
21 Contracting with companies,for goods of services that Bre on«r Mwr the Scrutinized Companies
with activities In the Iran Petroleum Energy Sector Nlstr' emN ptJrsrtant to & 215.473, or are
engaged in business operations In Syria.
THIS PAGE MUST BE SUBMI NQ WITH RESP091119111ill ORDER
FOR PACKAGE TO BE COtlBi trOMPL ETE AND ACCEPTABLE
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DATE(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
03/30/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Mary Burris
NAME:
Milton Carpenter Insurance,Inc. PHONE (863)824-0885 FAX
A/C No Ext): A/C,No):
135 S.E.Avenue C E-MAIL mary@miltoncarpenterins.com
ADDRESS:
P.O.Box 1270 INSURER(S)AFFORDING COVERAGE NAIC#
Belle Glade FL 33430 INSURERA: Crum&Forster Specialty Ins Co 44520
INSURED INSURER B: Auto-Owners Insurance Co 18988
A-1 Air Solutions LLC INSURER C: Markel Ins 28932
849 SW 20th Ave INSURER D:
INSURER E:
Okeechobee FL 34974 INSURER F:
COVERAGES CERTIFICATE NUMBER: CL1992601655 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUbK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100,000
MED EXP(Any one person) $ 5,000
A Y BAK43142-2 07/20/2019 07/20/2020 PERSONAL&ADV INJURY $ 1,000,000
MOTHER
LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2'000'000
POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000
JECT: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
X ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED 5130974900 07/20/2019 07/20/2020 BODILY INJURY(Per accide nt) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
19 WRRP $
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1'000'000
A EXCESS LAB HCLAIMS-MADE AN070615 07/20/2019 07/20/2020 AGGREGATE $ 1'000'000
DED I I RETENTION $ $
WORKERS COMPENSATION X STATUTE EORH
AND EMPLOYERS'LIABILITY Y/N SOO,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
C OFFICER/MEMBER EXCLUDED? N/A MWC0137068-02 10/23/2019 10/23/2020
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under 500,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The City of Boynton Beach,it's officers,employees and agents are included as additional insured as regarding the General Liability policy,where required by
written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS.
100 E.Boynton Beach Blvd.
AUTHORIZED REPRESENTATIVE
Boynton Beach, FL 33435
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 391 of 670
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State of Florida
Department of State
I certify from the records of this office that A-1 AIR SOLUTIONS, LLC is a
limited liability company organized under the laws of the State of Florida, filed
on July 5, 2017, effective July 3, 2017.
The document number of this limited liability company is L17000143761.
I further certify that said limited liability company has paid all fees due this
office through December 31, 2020, that its most recent annual report was filed
on March 18, 2020, and that its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Eighteenth day of March, 2020
Secretar of State
Tracking Number: 7230602309CC
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication
Page of 670
012-2511 -20/EM - HVAC MAINTENANCE AND MECHANICAL
CONTRACT SERVICES
Opening Date: March 3, 2020 8:00 AM
Closing Date: April 10, 2020 2:30 PM
Vendor Details
Company Name: A-1 Air Solutions, LLC
Does your company conduct
business under any other name?If No
yes, please state:
849 sw 20th av
Address:
okeechobee, Florida 34974
Contact: Damian Garcia
Email: a1airsolutionsokee@gmail.com
Phone: 863-623-6203
Fax: 863-261-1002
HST#: 82-2141917
Submission Details
Created On: Thursday March 26,2020 19:47:25
Submitted On: Friday April 10,2020 08:20:15
Submitted By: Damian Garcia
Email: a1airsolutionsokee@gmail.com
Transaction#: 38269064-f23d-4f73-8f50-7737fOf459f7
Submitter's IP Address: 71.208.59.13
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bid Number: 012-2511-20/EM Vendor Name: A-Lage y4 Of Fi(�
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set
out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated.
*Denotes a"MANDATORY" field
Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified).
If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter
a$0.00 dollar value.
Preventative Maintenance
Line Description Rate
Item
1 Preventative Maintenance (per ton) 0 - 5 tons $11.0000
2 Preventative Maintenance (per ton) 5 - 39 tons $6.5000
3 Preventative Maintenance (per ton) Over 40 tons $4.7500
4 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Flat Roof $45.0000
5 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Sloped Roof $92.5000
Subtotal: $ 159.75
Labor Rates -Regular
Regular Time: Monday- Friday 7:00 a.m. —5:00 p.m.
Line Regular-Labor
Hourly Rates Est. Hours Total
'..Item ' Rate �`
1 Supervisor $85.0000 40 $3,400.00
2 Licensed Journeyman $73.0000 40 $2,920.00
3 Forman $73.0000 40 $2,920.00
4 Apprentice/Helper $42.5000 40 $ 1,700.00
5 1 Controls Technician $110.0000 40 $4,400.00
6 Iservice Technician $73.0000 140 $2,920.00
Subtotal: $ 18,260.00
Labor Rates -Overtime (this is for internal use only, not to be considered as part of award)
Overtime: After 5:00 p.m. before 7:00am Mon-Fri, Saturdays, and Sundays
Line Overtime-Labor
Item Hourly Rates Rate Est. Hours Total
1 Supervisor $135.0000 40 $5,400.00
2 Licensed Journeyman $127.5000 40 $5,100.00
3 Forman $127.5000 40 $5,100.00
4 Apprentice/Helper $60.0000 40 $2,400.00
5 Controls Technician $165.0000 40 $6,600.00
6 Service Technician $120.0000 40 $4,800.00
Subtotal: $29,400.00
Bid Number: 012-2511-20/EM Vendor Name: A-L it Sld�s Fi(�
Labor Rates -Premium (this is for internal use only, not to be considered as part of award)
Premium Time: Holidays
Line ' Premium-Labor
Item Hourly Rates Rate Est. Hours Total
1 Supervisor $135.0000 40 $5,400.00
2 Licensed Journeyman $127.5000 40 $5,100.00
3 Forman $127.5000 40 $5,100.00
4 Apprentice/Helper $60.0000 40 $2,400.00
5 1 Controls Technician $165.0000 40 $6,600.00
6 Iservice Technician $120.0000 140 $4,800.00
Subtotal: $29,400.00
Material Mark-up (this is for internal use only, not to be considered as part of award)
Material Mark-up I Percentage
Mark-up percentage 15%
Summary Table
Bid Form Amount
Preventative Maintenance $ 159.75
Labor Rates-Regular $ 18,260.00
Labor Rates-Overtime(this is for internal use only, not to be considered as part of award) $29,400.00
Labor Rates-Premium(this is for internal use only,not to be considered as part of award) $29,400.00
Subtotal Contract Amount: $77,219.75
Confirmation of Minority Owned Business
A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces
provided which category best describes your company. Return this form to make it an official part of with your RFQ responses
Description Response*'i Comments
Is your company a Minority Owned business? No
Please select the appropriate response Hispanic
Do you possess a certification qualifying your No
business as a Minority Owned business?
Issuing organization name Input response in comments box to the right n/a
Date of Issuance Input response in comments box to the right n/a
Letter of interest
The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services.
Line Description Response*
Item
1 The Letter of Interest shall summarizes the Our clients needs will always come first. Through quality and excellence and
Proposer's primary qualifications and a firm knowledge in multiple fields such as, power plants, hospitals, the City of Boynton
commitment to provide the proposed services. itself, and over 50 years of combined experience in the HVAC field. We are
second to none and look forward to serving the City of Boynton Beach.
Bid Number: 012-2511-20/EM Vendor Name: A-L it S Nt Of Fi(�
Refenenoes - PmstPerformmnoe
List a minimum number of required references as stated in the Special Conditions which show experience in similar work, to include
nature and scope of work, which demonstrates an expertise in providing the services as stated herein.
Reference 1 -New Reference 2—Past Reference 4—Repeat Reference 5—
Description Customer(one year or Customer(currently Reference 3—Repeat or or Long Term Repeat or Long
less) not doing Long Term Customer* Customer Term Customer*
business)*
Name of Firm: Ascension Construction JBL Industrial Central Mobile Homes Keiser University Laurel Oaks Senior
Services West Palm Beach Apartments
Scope of Work: Installation of complete Installation of new 7 Installation of new HVAC HVAC repair, HVAC repair,
HVAC system. ton package unit. systems. maintenance, and maintenance, and
new installation installation.
Cost of Service: $7,989.00 $6,000 Varies, from $3,000 - Varies up to $20,000 Varies up to
Date of Service: 1/14/2020 07/11/2018 ongoing ongoing ongoing
Contact Person: Ascension Gonzalez Ben Mallard Dario Perdomo Thomas Hughes Marilolly Rivera
Phone #: 772-446-2610 (863) 697-6196 863-447-1652 772-321-0977 863-253-9507
Address: 502 NW Cardinal Dr. 8455 E Center St 807 NE Park St 2600 N Military Trail 1801 NW 3rd Lane
PSL, FL 34983 Okeechobee, FL Okeechobee, FL 34972 WPB, FL Okeechobee, FL
34974 34972
Subcontractors
The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate^TBD^
(To Be Determined)or"TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names
for any Subcontractor category in their list ofSubcontractors.
Subcontractors
The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder infurther notified that
all subcontractors shall be properly |ioonnod, bondable and shall be required to furnish the City with a Certificate of Insurance in
accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required.
Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, orfailed to
deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.)to perform under
this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the
foregoing.
By clickinghere | confirm thath Subcontractor(s) d the Bidder shall perform the
Name Address Scope of work license No ContractAmount Percentage(%)of Contract
John Ciacci, JC 3470 Rockport St W. HVAC Maintenance, CAC1819895 Up to $100,000 50%
Mechanical of Vero Beach, FL 32968 repairs, and
Florida LLC installations.
Documents
Ensure your submission document(e)conforms buthe following:
Documents should NOT have a security password, an City of Boynton Beach may not be able to open the file. It in your sole
responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be
Bid Number: O12-2S11-2O/EM Vendor Name: A-LAirSolu±�nsLU�
P@Qe �S/ or �/U
opened and viewed by City of Boynton Beach.
If you need to upload more than one (1)document for a single item, you should combine the documents into one zipped file. If the
zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item
responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan."
If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected.
• Bidder Qualification Statement- packet.pdf-Sunday March 29, 2020 20:13:44
• Anti-Kickback Affidavit- kickback.pdf-Sunday March 29, 2020 20:10:08
• Non-collusion Affidavit of Bidder-nocollusion.pdf-Sunday March 29, 2020 20:09:15
• Confirmation of Minority Owned Business-osirislicense.pdf-Wednesday April 08, 2020 20:58:59
• Certification Pursuant to Florida Statute§287.135- pursuant.pdf-Sunday March 29, 2020 20:08:41
• Submit current Florida Professional License, including evidence of possession of required licenses or business permits-
ciacci.pdf-Thursday March 26, 2020 20:36:23
• Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisor Form- insurancerevised.pdf-
Wednesday April 08, 2020 20:55:55
• Provide photocopies of the following State or Palm Beach County. Certified or Registered. Class A Air Conditioning(CA or RA)
or Mechanical Contractor(CM or RM) (valid and current) licenses and/or certificates-osirislicense.pdf-Thursday March 26,
2020 20:35:53
• Palm Beach County Local Business Tax Receipt, formerly Occupational License (This or Proof of an active Certificate of
Authority) (optional)
• Proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Bidder to transact
business in the State of Florida. (This or Palm Beach County Local Business Tax Receipt -active.pdf-Thursday March 26,
2020 20:34:16
Bid Number: 012-2511-20/EM Vendor Name: A-L it Sld 5 s Fi(�
Addenda and Declaration
Confirmation of Drug Free Workplace
Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with
respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of
commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none
of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any
available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement
specified in subsection (1).
In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual
services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction
of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than 5 days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available
in the employee's community by, any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
V I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Osiris Mendez Martinez, Manager, A-
1 Air Solutions,LLC
The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of
interest?
r Yes r No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda.
I have revievwpd the
File Name ow endu and Pages
atachments ff
appflcaWe)
012-2511-20 EM -HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES-Addendum
3 ry 3
Thu April 9 2020 05:35 PM
ITB 012-2511-20EM Addendum 2 for HVAC MAINTENANCE r 1
Tue April 7 2020 12:29 PM
HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES-ADDENDUM#1 2
Tue March 31 2020 02:02 PM
Bid Number: 012-2511-20/EM Vendor Name: A-LAir S1 y s Fi(�
Bid Number: 012-2511-20/EM Vendor Name: A-LAir So 6 s Fi(�
The City of
Boynton Beach
Finance/Procurement Services
3301 Quantum Blvd.,Suite 101
Boynton Beach,Florida 33426
Telephone:(561)742-6310
FAX:(561)742-6316
ADDENDUM No. 2
DATE: April 07, 2020
INVITATION TO BID TITLE: HVAC MAINTENANCE AND MECHANICAL CONTRACT
SERVICES
ITB NO.: 012-2511-20/EM
This addendum to the specifications and/or contract documents is issued to provide additional information
and clarification to the original ITB specifications and bid form, and is hereby declared a part of the
original specifications and/or contract documents. In case of a conflict, this Addendum No. 2 shall govern.
Question:
The main posting page shows this Bid Open until 4/10/2020. However, the printed documents
state it closed for online submission last Friday, 4/3/2020. Am I still able to bid on this? If so,
how would I get it to you with the Pandemic Stay at Home Orders and government buildings
closed? Are you extending the online submission until 4/10?
Answer:
Addendum 1 extended the deadline for online bid submissions to 2:30 p.m. on 4/10/20.
ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
THIS PAGE TO BE SUBMITTED FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Page 2 of 1
Page 401 of 670
The City of
Boynton Beach
Finance/Procurement Services
3301 Quantum Blvd.,Suite 101
Boynton Beach,Florida 33426
Telephone:(561)742-6310
FAX:(561)742-6316
ADDENDUM No. 1
DATE: March 31, 2020
INVITATION TO BID TITLE: HVAC MAINTENANCE AND MECHANICAL CONTRACT
SERVICES
ITB NO.: 012-2511-20/EM
This addendum to the specifications and/or contract documents is issued to provide additional information
and clarification to the original ITB specifications and bid form, and is hereby declared a part of the
original specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern.
QUESTION: Is there an estimated value or budget for this project?
ANSWER: The budget will be determined based on the low qualified responsive bid.
QUESTION: Bid documents mention the City will furnish all air filters for the Preventative Maintenance,
but makes no mention of the Ice Machine and Bottle Refill water filters. Will the City furnish these filters
along with the air filters or is contactor to furnish those?
ANSWER: The awarded contractor will supply the filters for both the ice machines and bottle filling water
fountains.
QUESTION: Bid document scope of preventative maintenance indicates that we are to clean the unit coils
annually, but makes no reference to whether this is for evaporator or condenser. Which is to be cleaned?
ANSWER: Both
QUESTION: Schedule of prices form, preventative maintenance pricing breakdown for air conditioning
systems. Are we to provide pricing per-ton of labor per-unit size line item?Are we to provide exhaust fan
maintenance per-unit?
ANSWER: Price per-ton;
ANSWER: Price per exhaust fan
QUESTION: Bid documents make reference to a new asset management system using a QR code and
suggest the contractor is to use this for record keeping. The bid documents also furnish paper
preventative maintenance check sheets for use during each visit. Is the contractor to use the hand written
forms or an electronic form accessible via the QR code scan? If electronic, is contractor to upload forms
from our server to your system or email forms?
ANSWER: At the beginning the contractor will be using paper forms, the City is not completed setting up
our QR programming. Once programming is complete, the contractor will have their own access to update
the PM's through the City's program.
QUESTION: Preventative Maintenance scope of work makes no mention of motor drive belts. Are we to
replace these belts once per-year during schedule maintenance or as needed on a time of material
basis?Will the city furnish these belts along with the air filters or will the contractor furnish these?
THIS PAGE TO BE SUBMITTED FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Page 2 of 1
Page 402 of 670
ANSWER:The awarded contractor will replace the belts base on wear and tear and any manufacturers
specification/recommendations if they have been stretched.
QUESTION: Do you need us to include belt replacement?
ANSWER:The awarded contractor will supply the belts, the invoice shall reflect price paid with % of
mark-up (i.e., $ 5.00 (belt) +$ 1.00 (20% mark-up)= $ 6.00 (total).
The bidder is hereby notified that the bid closing date has been extended by to 2:20 P.M., April 10, 2020.
If you should require additional clarification, please submit your question to the Purchasing representative
through the Bidding System by clicking on the "Submit a Question" button for this specific Solicitation.
Sincerely,
Randy Wood CPPB
Purchasing Manager
THIS PAGE TO BE SUBMITTED FOR BID PACKAGE
TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Page 2 of 2
Page 403 of 670
CITY OF BOYNTON BEACH
INVITATION TO BID (ITB)
FOR
HVAC MAINTENANCE AND MECHANICAL CONTRACT
SERVICES
ITB No. 012-2511-20/EM
CITY OF BOYNTON BEACH
CITY HALL
3301 QUANTUM BLVD. SUITE 101
BOYNTON BEACH, FL 33426
ONLINE SUBMISSIONS ONLY
BID CLOSING DATE: April 3, 2020
NO LATER THAN 2:30 P. M.
Page 484 of 6:7i
s
INVITATION FOR BIDS
FOR
HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES
TABLE OF CONTENTS
Scope of Services Information ..........................................................................................3
Section 1 —Scope of Services and Project Information..............................................5
Section 2 — Instruction to Bidders...................................................................................... 15
Section 3— Bid Submission Requirements........................................................................ 17
Section 4—General Conditions......................................................................................... 19
Section 5 - Special Conditions ..........................................................................................29
Submittal of General Information, Procurement Forms and Documents
To be Completed and Uploaded Online
Proposer's Qualification Statement .......................................................................30-35
Anti-Kickback Affidavit...........................................................................................36
Non-Collusion Affidavit of Proposer.......................................................................37
Certification Pursuant to Florida STATUTE § 287.135...........................................38-39
Draft Contract
Draft Contract Agreement .........................................................................C1-05
Insurance Advisory Form ..........................................................................0-10
Exhibit `A'.........................................................................................................
Scope of Services ....................................................................................0-6
Exhibit `B'.........................................................................................................
Scheduleof Prices ...................................................................................0-7
Exhibit `C'.........................................................................................................
A/C and Exhaust Inventory .......................................................................0-8
Exhibit `D'.........................................................................................................
PREVENTATIVE MAINTENANCE SHEET ....................................................0-9
2
INVITATION TO BID (ITB)
012-2511-20/EM
FOR
HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES
Electronic Invitation To Bids (ITB's) shall be received by the bidding system up until: April 3, 2020,
No Later Than 2:30 PM (Local Time).
All Bids will be publicly opened online atBoynton-beach.bidsandtenders. et. Bids received after the
assigned date and time are not permitted by the bidding system. For the above reasons, it is
recommended that sufficient time to complete your online Submission and to resolve any issues that
may arise. The closing time and date shall be determined by the Bidding System's web clock.
ATTENTION, ALL INTERESTED RESPONDENTS:
To obtain documents online please visitBoynton-beach.bidsandtenders. et. Documents are not
provided in any other manner.
SCOPE OF ITB:
The City of Boynton Beach is seeking bids from a qualified vendor who shall perform normal and on-
call HVAC Maintenance and Mechanical Services to designated City of Boynton Beach (referred to
as COBB) facilities as directed by the Contract Administrator or their designee.
TERM OF CONTRACT
The initial term of the contract shall be for three (3) years effective upon date the contract is fully
executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the
Finance Director may extend the agreement at the same terms, and conditions, for three (3) one-year
renewals (exercised separately) subject to vendor acceptance, satisfactory performance as
determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal
will be in the best interest of the City.
LOBBYING / CONE OF SILENCE
Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach
County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be
imposed upon each competitive solicitation from the time of advertisement and shall remain in
effect until Council awards or approves a contract, rejects all bids or responses, or otherwise takes
action that ends the solicitation process. While the cone of silence is in effect, no Bidder or its agent
shall directly or indirectly communicate with any member of City Commission or their staff, the
Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation
to the award of a particular contract or member of the Selection Committee in reference to the
solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm
Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for
disqualification for award of contract to the Bidder. Further, any contract entered into in violation of
the cone of silence shall render the transaction voidable.
The cone of silence shall not apply to oral communications at any public proceeding, including pre-
bid conferences, oral presentations before Selection Committees, and contract negotiations during
3
any public meeting, presentations made to the City Commission, and protest hearings. Further, the
cone of silence shall not apply to contract negotiations between any employee and the intended
awardee, any dispute resolution process following the filing of a protest between the person filing
the protest and any employee, or any written correspondence with Boynton Beach as may be
permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any
purchases made in an amount less than the competitive solicitation threshold set forth in the
Purchasing Manual.
PUBLIC RECORDS DISCLOSURE:
Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City
in response to a Request for Qualification or Invitation to Bid are exempt from public records
disclosure requirements until the City provides a notice of decision or thirty(30) days after the opening
of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for
Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to
reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure
until such time as the City provides notice of a decision or intended decision concerning the
competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid,
Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City
notice rejecting all Bids, Proposals, or replies.
Questions related to this ITB are to be submitted to the Purchasing representative through the Bidding
System only by clicking on the "Submit a Question" button for this specific Solicitation.
4
INVITATION TO BID (ITB)
No. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
SECTION 1 —SCOPE OF SERVICES AND GENERAL REQUIREMENTS
1.1 BID TERM:
The initial term of the contract shall be for three (3) years effective upon date the contract is
fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation
with the Finance Director may extend the agreement at the same terms, and conditions, for
three (3) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory
performance as determined by the Purchasing Manager, and determination by the Purchasing
Manager that renewal will be in the best interest of the City.
1.2 BASIS OF AWARD:
The award will be based on the total combined cost of both the preventative maintenance
and the labor rate— regular time. While it is the intent of the City to award the bid to one
vendor who is the lowest responsive and responsible Bidder as determined by the city, the
City reserves the right to make multiple awards. The City reserves the right to reject all bids,
waive non-material errors in the bids, to abandon the project and to solicit and re-advertise
for other bids.
Once opened, the bids will be tabulated and evaluated by the City before recommendation
and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept
or reject any or all bids for any reason whatsoever. The City further reserves the right to
waive irregularities and technicalities and/or to request resubmission. There is no obligation
on the part of the City to award the bid to the lowest Bidder, or any Bidder. The City
reserves the right to make the award to a responsible Bidder submitting a responsive bid
most advantageous and in the best interest of the City. The City shall be the sole judge of
the bids and the City's decision shall be final.
1.3 SCOPE OF WORK TO BE PERFORMED:
1.3.1 PURPOSE:
The purpose and intent of this invitation to bid is to establish a Contractor who shall perform
normal and on-call HVAC Maintenance and Mechanical Services to designated City of
Boynton Beach (referred to as COBB) facilities as directed by the Contract Administrator or
their designee.
5
1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK:
It shall be the Contractor's responsibility to provide monthly preventative maintenance to
effectively maintain, to the satisfaction of the COBB, all aspects of HVAC systems at the COBB
facilities. For the purpose of this contract, the routine preventative HVAC maintenance shall
be defined as scheduled routine inspection and proactive servicing of HVAC systems so as to
facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs
shall be provided in accordance with the highest standards of the industry
(ANSI/ASHRAE/ACCA Standard 180-2018), skill, workmanship, applicable trade practices,
meet warranties and in conformance to all applicable laws, codes and regulations. The
successful Contractor's maintenance program and repairs shall, at a minimum, include but not
be limited to the specifications outlined herein.
The equipment to be maintained includes but is not limited to, split systems, exhaust fans, gas
fired unit heaters, package units, bard units, and forced air systems. The equipment to be
maintained is of various types of manufacturers.
The Contractor shall furnish all labor, supervision, materials, (except filters, the COBB will supply
all cardboard and metal framed filters), and test equipment to facilitate all major and minor
repairs, new installations of various HVAC equipment, and perform monthly preventive
maintenance regularly found in the HVAC field including but not limited to:
Boiler Systems Mini-split Systems
Chilled Water Systems Wall mounted package units (Bard
Units)
Cooling Towers Roof/Ground mounted package units
Duct Work Exhaust Systems Variable Frequency Drive (VFD)
Water Pumps Variable Air Volume (VAV)
Window/Through Wall A/C Systems Mechanical Piping
Bi-Annual Ductwork Inspection Monthly Air Handler Unit Ductwork Inspection
Automatic ice-makers Water Fountains
Duct Cleaning including Air Handlers
Prior to beginning any repair or replacement outside the scope of preventative maintenance
work, the Contractor will troubleshoot the system to diagnose the system's problems. The
COBB shall not incur any extra charge for this service. Contractor shall provide a quote to the
COBB prior to any and all repairs and replacements. Repairs and replacements will not begin
without authorization from the Contractor Administrator or their authorized designee. The
COBB reserves the right to obtain additional work quotes and service from trade companies
other than the successful bidder for repair and replacement of work and materials.
All services shall include all necessary labor charges, tools, fuel, equipment and materials
delivered and installed in accordance with N.F.PA local and State regulations, ASHRE, OSHA
and District Master Specifications.
1.3.3 PERFORMANCE WARRANTY:
The vendor shall guarantee all work, equipment and materials included in the service against
any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect
that may become apparent within a period of one year after completion of work. The warranty
period shall commence upon date of acceptance, inspection and approval by City
6
Representative only. If the vendor is notified in writing of a deficiency in the work provided,
within one year from completion of the work, the vendor shall, at City's option, re- perform the
work in question at no additional cost to City, or refund the original charges for the work in
question to City, including the difference in cost if any, to re-perform the work if completed by
another vendor.
1.4 GENERAL REQUIREMENTS:
A. EMERGENCY REPAIRS:
The Contractor shall have a 24/7 on-call service availability for emergency repairs, defined as
situations where immediate repairs are required to prevent the loss of service to alleviate the
possibility of a situation which would adversely and unduly affect the safety, health or comfort
of building, occupants, or otherwise cause loss to the COBB. In the event of an emergency
the contractor shall respond as follows:
• 30 minutes to acknowledge emergency call, email or text.
• 90 minutes to be on site.
B. REFERENCES:
Complete the Reference Document and include at least five(5) references from customers that
you have contracted with to provide HVAC Mechanical Contractor Services.This should include
at least one reference from a customer who has been with you for a year or less, three
references from veteran customers with long term or repeat contracts
and at least one reference from a past customer who is currently not under contract with you.
NOTE: The information requested must include a current contact name, phone number and
email address for each reference.
C. COMMUNICATIONS:
The contractor or his/her representative will meet with the City's contract administrator every
other Monday, to discuss schedules, problems, needs, and mutual areas of concern.
D. QUALIFICATIONS:
Provide photocopies of the following State or Palm Beach County, Certified or Registered,
Class A Air Conditioning (CA or RA) or Mechanical Contractor(CM or RM) (valid and current)
licenses and/or certificates and, at least one of the following: Failure to provide this
documentation may result in rejection of bid.
1. Palm Beach County Local Business Tax Receipt, formerly Occupational License.
OR
2. Proof of an active Certificate of Authority issued by the Florida Department of State
which authorizes the Bidder to transact business in the State of Florida. This proof
may be provided by either submitting a copy of the Letter of Authority issued by the
Office of the Secretary of State or by submitting a copy of the Certificate of Status
Verification which may be obtained via Sunbiz.org-Department of State.
All contracted employees (including sub-contractors) shall have the qualifications,
certifications, and training in the following:
1. AC troubleshooting, maintenance and repair
2. Heating systems & boilers
3. Energy efficiency & green awareness
4. Testing & balancing of HVAC systems
7
5. Centrifugal Chiller troubleshooting, maintenance and repair
6. R-Series Chiller troubleshooting, maintenance and repair
7. VFD installation and programming
8. Proficient in the following:
a. Tracer Summit Installation and Programming
b. Trane ICS Systems Certification
c. Niagara AX Certification
d. Trane Comm 5 Automation
The bidder(s) must have an adequate organization, facilities, equipment, and personnel to
insure prompt and efficient service. The COBB reserves the right, before recommending any
award, to inspect the facilities to determine ability to perform. The COBB reserves the right to
reject bids where evidence submitted, investigation and/or evaluation, is determined to
indicate inability of the bidder to perform.
All questions submitted (along with their source) are subject to Public Records Laws and as
such will be available for inspection upon receipt of a Public Records Request.
E. SECURITY AND ACCESS:
All contract/sub-contract employees will display City issued photo identification badges while
working on City premises. No contract/sub-contract employee will be allowed access to any
City facilities area without displaying the required City issued photo identification badge,
wearing uniform shirts clearly identifying the company's name, and wearing closed toe, rubber
soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3" above
the knee caps.
The contractor/sub-contractor will work in several areas which are:
1. Under secured access
a) Shall be maintained in a secured condition and will be locked immediately upon
the contractor completing their work.
2. Generally opened to the public for meetings, rentals, and other uses.
F. SUB-CONTRACTING:
If a vendor intends to sub-contract any portion of this bid for any reason, the name and address
of the subcontracting firm must be submitted with the bid or prior to use for approval. No sub-
contracting will take place prior to bid-awarded vendor furnishing this information and
receiving written approval from the COBB. Subcontractors will be required to conform to the
Jessica Lunsford Act as noted in the Instructions to Bidders document of this bid.
The Purchasing Department reserves the right to reject a subcontractor who previously failed in
the proper performance of an award or failed to deliver on-time contracts of a similar nature, or
who is not in the position to perform this award. The Contract Administrator reserves the right
to inspect all facilities of any subcontractor in order to make determination as to the foregoing.
The subcontractor will be equally responsible for meeting all requirements specified in this
Invitation to Bid. Vendors are encouraged to seek minority and women business enterprises for
participation in sub-contracting opportunities. The sub-contractor shall be equally responsible
for meeting all requirements specified in this Invitation to Bid.
G. PAYMENT/ PAYMENT TERMS:
Payment will be made after the goods/services from the awarded vendor have been
received/completed; inspected and found to comply with award specifications, free of damage
8
or defect; and a properly billed invoice is received and processed in the Accounting Services
Department.
Payment will not be processed until the following occurs:
1. The complete and satisfactory receipt of all items ordered. All pricing in
accordance with the bid.
2. The receipt of a properly billed invoice sent to the Contractor Administrator.
Invoices to the COBB MUST include the following to permit verification of prices and
expedite payment to vendors:
1. Name and Address of Vendor
2. A Unique Invoice Number
3. Date of Service(s)
4. Itemized pricing to include copy of vendor's invoice for any equipment and parts
used (including mark-up as specified in Attachment "C".
5. City of Boynton Beach Purchase Order Number
Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth
above may significantly delay processing and payment of the invoice.
The above terms and conditions are agreed to by submitting an offer on this bid.
H. INCORRECT PRICING/INVOICES:
Any pricing on invoices that are incorrect or freight charges that were not included on the
original Purchase Order, must be brought to the attention of the Contract Administrator and
corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were
not brought to the Contract Administrator's attention and did not receive written approval via a
Change Order issued by the Purchasing Agent may not be honored.
I. CHANGE ORDERS:
Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that
adds additional costs must be brought to the Contract Administrator's attention and approved
by the Purchasing Department prior to commencement of additional work, shipment of goods
or the addition of unauthorized freight charges. Once approved, a Change Order will be issued
to include the additional costs and work may commence and/or shipment of goods can begin.
Additional costs that were not brought to the Contract Administrator's attention and did not result
in a Change Order approved by the Purchasing Agent may not be honored.
J. COMPLETION OF SERVICES/LIQUIDATED DAMAGES:
The completion date for repairs or projects shall not exceed quoted or set project schedule,
unless written request for extension and the approved authorization has been granted. Should
the bidder to whom the repair work is awarded, fail to complete the work within the number of
days stated in the quote, the COBB reserves the right to:
1. Collect liquidated damages in the amount of$250 per day work is not completed OR
2. Cancel the contract with the bidder and to secure the services through another
source of supply to complete the work.
If the COBB exercises one of these options, the COBB may at its option request payment from
the bidder through invoice or credit memo, for any additional costs over and beyond the original
quoted prices, which were incurred by the COBB as result of having to secure the services
elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the
COBB may remove that bidder from the contract.
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K. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER:
The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any
work that fails to conform to the Contract Documents; whether or not fabricated, installed or
completed. All corrections shall be made within 24 hours after such rejected defects,
deficiencies, and/or non-conformances are reported in writing (email, memo, inspection
reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear
all costs of correcting such rejected work. If the Bidder fails to correct the work within the period
specified; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is
contractually default and obtain the services of another vendor to correct the deficiencies, and
charge the Bidder for these costs; either through a deduction from the final payment owed to
the Bidder or through invoicing.
L . CONTRACTOR'S RESPONSIBILITY:
1. Upon award of contract the contractor shall provide within 90 days a complete inventory
list of all HVAC equipment for the COBB facilities.
2. Upon award of the contract, the Contractor shall replace all cardboard filters and inspect
metal framed filters and write the date of the filter change on the filter.
3. Upon award of contract, the contractor shall affix to the unit an inspection/maintenance
sticker of the date of inspection.
4. Contractor shall inspect monthly, all filters(cardboard and metal framed), cardboard filters
shall be replaced monthly, metal framed filters shall be replaced every 12 months.
Contractor shall write on the filter at every monthly inspection with a sharpie the date of
the inspection.
5. Contractor shall inspect monthly, electrical connections, gas levels (if the pressures are
low then perform a leak check), exhaust fans, belts, motors, bearings, etc. for proper
operation.
6. Contractor shall monthly flush and clean condensation lines.
7. Contractor shall quarterly clean ice maker coils.
8. Contractor shall change monthly all "single" cartridge ice makers.
9. Contractor shall change monthly the "white" cartridge on the 3 filter system ice makers.
10. Contractor shall monthly inspect bottle filling water fountains and change filter cartridge
when the light is lite to change.
11. Contractor shall bi-annually degrease and clean all coils.
12. Contractor shall affix to the unit a maintenance sticker stating the date of the monthly
maintenance.
13. Contractor shall take field measurements and verify field conditions. Contractor shall
carefully compare such field measurements and conditions and other information
provided by the COBB before commencing activities. Errors, inconsistencies or
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omissions discovered shall be reported to the COBB at once prior to commencement
of work. Failure to report conflicts to the Contract Administrator will result in contractor's
corrective action at their own expense.
14. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish,
scrap materials, and debris that result from their operations so that work site presents a
neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported
from the premises. NO rubbish shall be deposited as fill on the work site. At completion
of work, the contractor shall remove all work materials, tools, construction equipment,
machinery, and surplus materials from the work site and shall leave project in ready to
use condition.
15. Contractor shall be responsible for the protection of all buildings, structures, and utilities
that are underground or above ground from their operations that may be hazardous
and/or damaging to said facilities.
16. Contractor shall provide due care at all times while performing any task at any COBB
controlled location to cordon off, barricade, and/or post signs to maintain a safe distance
to avoid creating hazardous condition for pedestrians, property, and vehicles.
17. The contractor shall accept full responsibility for refrigerant handling at every assigned
job/project.
18. The contractor shall provide a construction work schedule and submit it to the COBB
designated contact person. The schedule shall include estimated commencement and
completion dates.
19. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's
responsibility.
20. Contractor shall not inhibit access to the COBB facilities during pursuit of work
specified herein.
21. Contractor shall leave the work site in a neat and orderly fashion at the end of each
workday
22. All personnel (contractor or sub-contractor) shall contact the Contract Administrator prior
to commencing any work for the purpose of providing COBB escort.
23. Contractor will remedy any and all damage to property by acts of omission or vandalism
which occur as a result of their work.
24. The contractor shall be responsible for the protection of all personnel against hazards
and/or injuries due to their construction operations at the work site.
25. Contractor shall correct any and all damage caused by their operations to the COBB's
satisfaction at no additional cost to the COBB.
26. The contractor shall have an English-speaking supervisor/representative on the worksite
at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other
contract documents and has the authority to act in the contractor's behalf.
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Page 4141 OFF 66FJ
27. The contractor shall be responsible for the appearance of all working personnel assigned
to the projects (clean and appropriately dressed) at all times, and their compliance with
the COBB Policies and Rules prohibiting smoking and consumption of alcohol and illegal
drugs while on COBB property. The provision or use of existing sanitary facilities will be
discussed and determined at the pre-construction meeting. All contractor and sub-
contractor personnel must have a badge, indicating clearance. The contractors name
and a traceable number must be visible.
28. Contractor shall not proceed with any project until in receipt of Purchase Order or Change
Order.
29. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike
manner. The Contractor shall, and in addition to all other guarantees, be responsible
for faulty labor or workmanship and shall promptly correct improper work, without cost to
the COBB, within 24 hours after receipt of notification of such faulty labor or
workmanship. If the Contractor fails within 24 hours to correct defects, the Owner shall
be entitled to have such work remedied; and the Contractor shall be fully liable for all
costs and expense reasonably incurred by the Owner. Payments in full or otherwise do
not constitute a waiver of this guarantee. The guarantee period shall be effective for one
(1) year after acceptance of the work by the COBB.
30. If the contractor determines additional work beyond the scope of original project is
required, the contractor must notify the Contract Administrator with details of additional
work and an itemized pricing to complete the additional work. This work shall not start
until contractor is in receipt of an approved change order. In cases of emergency, the
Contract Administrator will follow the COBB's Purchasing Department Emergency
Purchases procedure as applicable.
31. Contractor shall use only factory OEM parts while performing services and equipment
under original warranties. After-market parts will be permissible on units out of warranty
period upon COBB's approval. Prior authorization must be obtained before acquisition
and installation is performed.
32. Contractor shall be responsible for correction/replacement, according to local codes and
COBB's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks,
streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's
operations.
33. Should any contractor/employee in the performance of this contract encounter materials
that they suspect are embedded with asbestos, they should:
a. Stop all work at the site and do not disturb the area of suspicion.
b. Contact the Contract Administrator or their designee.
c. Call the appropriate trade supervisor and advise them of the discovery.
d. Leave the site until the materials can be analyzed.
34. The Contractor shall conform to all Federal, State, County, and SDPBC standards and
regulations during the performance of the Agreement. Continued violations by a
Contractor may constitute cause for immediate termination of the contract.
35. Technical Literature:
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Two copies of product information, including technical and descriptive literature, shall
be provided with all new products installed in the COBB. Technical literature shall be
provided to the Contract Administrator.
36. Submittals:
Contractor is required to submit catalog cuts, specifications sheets, and any other
technical data necessary to enable proper evaluation for all materials and/or equipment
which will be utilized in the performance of each project resulting from this bid. Failure of
the contractor to provide the foregoing information may be grounds for rejection of quotes
associated with this bid.
37. Repair and Maintenance Manuals:
Three manuals containing troubleshooting procedures, parts list, disassembly
instructions, schematic diagrams, etc., shall be provided at no cost for each unit of
equipment furnished under any contract resulting from this Bid. Job will not be
considered complete until all manuals have been received.
38. Installation:
Successful vendor shall be responsible for unloading, uncrating, setting in place and
making ready for operation all items awarded. Successful vendor shall be responsible
for furnishing all labor and materials to install designated items.
Installation shall include, but not limited to, disconnect and removal of old equipment
(where replacement is involved), full and complete hook-up of new unit. Vendor shall
make all final connections. The COBB will furnish necessary services within a
reasonable distance. Disconnection and/or hook-up of units shall be accomplished only
by personnel certified by the State of Florida or Palm Beach County as being qualified
to perform task involved and demonstrate. When applicable, vendor shall be responsible
for all utility locates at their expense.
39. Inspections:
The contractor shall notify the assigned Contract Administrator of job progress and make
arrangements for COBB inspection of work performed. The contractor shall not
proceed with other work until the previous portion has been approved. Required
inspections will be outlined in the scope of each job or at pre-construction meeting. A
minimum of 24 hours' notice to the COBB must be provided for each inspection.
Completion of contract shall be defined as final inspection and subsequent sign-off by
inspector/project manager, on all work as satisfactory and acceptable to the COBB.
40. Uncovering of Work:
The contractor may be required to photograph new installations and/or repairs made
underground when a COBB Representative is unavailable. These images shall be
forwarded to the Contract Administrator. This can be done via e-mail or US Postal
Service.
If any portion of the work has been covered which the COBB has not specifically
requested to observe prior to being covered or photographed, the COBB may request
to see such work and it shall be uncovered by the contractor. If such work were found
in accordance with the contract documents, the cost of uncovering and replacement
shall, through purchase order change, be charged to the COBB. If such work were
found not in accordance with the contract documents, the contractor shall pay such cost
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unless it is found that the COBB or a separate contractor caused this condition, in
which the event the COBB shall be responsible for payment of such cost.
41. Service/ Repair:
All repairs shall be performed using a time and materials basis.
42. Troubleshooting:
Once the technician determines nature or cause of failure, he must provide written cost
of repairs to the Contract Administrator.
43. Final Completion (new installations):
After satisfactory completion of work and all requirements are fully and finally completed,
the COBB shall certify Final Completion and acceptance. Final payment shall not be
made until Final Certificate of Occupancy or Completion for the project is received.
Contractor shall submit the following, where applicable:
a. Final Invoice
b. Approved mechanical, electrical and structural prints and final inspection report.
c. Warranty documents
d. Operational Manuals
e. Repair Manuals
f. Parts List
44. The City will be implementing a new asset management program to assist in keeping
records of preventative maintenance of assets. All assets will be tagged with a QR
code, the contractor shall be responsible for scanning each asset at the time of the
preventative maintenance.
M. WORK HOURS:
Normal work hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday. Any
work performed outside those hours shall be approved in advance by the City.
The hourly rate charge shall commence on the job site; all travel time expenses shall be
borne by the bidder and will not be reimbursed by the COBB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
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15
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44 �,
INVITATION TO BID (ITB)
No. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
SECTION 2— INSTRUCTIONS TO BIDDERS
2.1 Electronic Invitation to Bid (ITB's) shall be received by the City's e-Procurement bidding
system no later than: April 3, 2020 No Later Than 2:30 PM (Local Time).
2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of
the Bidder to have their ITB submittal submitted online.
2.3 Bidders shall acknowledge receipt of any addenda through the Bidding System by checking
a box for each addenda and any applicable attachment.
2.4 It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders
should check online atBoynton-beach.bidsandtenders. et prior to submitting their bid and up
until the ITB closing time and date in the event additional addenda are issued.
2.5 To obtain documents online please visitBoynton- ach. isateners. et. You may preview
the ITB documents with a Preview Watermark prior to registering for the opportunity.
Documents are not provided in any other manner.
2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System.
Hardcopy submissions are not permitted.
2.7 Bidders are cautioned that the timing of their bid submission is based on when the bid is
RECEIVED by the bidding system, not when a bid is submitted, as the submittal transmission
can be delayed due to file transfer size, transmission speed, etc.
2.8 For the above reasons, it is recommended that sufficient time to complete your bid Submission
and to resolve any issues that may arise. The closing time and date shall be determined by
the Bidding System's web clock.
2.9 Bidders should contact bids&tenders support listed below, at least twenty-four(24) hours prior
to the closing time and date, if they encounter any problems. The Bidding System will send a
confirmation email to the Bidder advising that their submittal was submitted successfully. If
you do not receive a confirmation email, contact bids&tenders support at
support isteners. e .
2.10 Late Submittal Responses are not permitted by the Bidding System.
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2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to
Bid, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the
Bidder to create a Bidding System Vendor account and register as a Plan Taker for the
Solicitation.
2.12 All expenses for making ITB responses to the City are to be borne by the Bidder.
2.13 A sample draft agreement that the City intends to execute with the successful firm(s) is
contained within this Invitation to Bid for review. The City reserves the right to modify the
contract language prior to execution.
2.14 Each Bidder, by submission of a bid response, acknowledges that in the event of any legal
action challenging the award of an ITB; damages, if any, shall be limited to the actual cost of
the preparation of the ITB.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
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4
INVITATION TO BID (ITB)
No. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
SECTION 3— BIDDER SUBMISSION REQUIREMENTS
3.1 SUBMISSION OF ITB'S
A. The Contractor shall provide all services and necessary items of expense, including but not
limited to labor, material, trucking, transportation, equipment, power, supervision, and all
other services and items of expense required for the complete performance of all Work.
B. Pay legally required sales, consumer, and use taxes.
C. Pay all charges by all suppliers and subcontractors to the Contractor for such work as
supporting, replacing, moving or providing protection for their facilities as necessitated by
the Contractor's operation.
D. Pay all costs of restoration of pavements, landscaping, and structures damaged by the
Contractor's operation, including all staging areas solely to the satisfaction of the City
E. Give all required notices.
F. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal
requirements of public or quasi-public authorities that bear on the performance of the work.
G. The Contractor shall be responsible for safely barricading open excavations which may
present hazards.
H. The Contractor shall be responsible for securing all tools, equipment and material at the job
site.
I. Ensure that all personnel are properly dressed with OSHA approved clothing and safety
gear, including but not limited to hard hats, work shoes, shirts and long pants, as appropriate
for the performance of the Work.
8. Submittal of General Information and Procurement Forms and Documents
Procurement forms must be completed, signed, notarized, uploaded and or
acknowledged when required and submitted. In addition, all other requests and
supporting documentation should be included.
A) Bidder Qualification Statement— Upload Online
B) Addenda Acknowledgement— Online Acknowledgement
C) Anti-Kickback Affidavit— Upload Online
D) Non-collusion Affidavit of Bidder— Upload Online
E) Confirmation of Minority Owned Business - Online Form
F) Certification Pursuant to Florida Statute § 287.135 - Upload Online
G) Confirmation of Drug Free Workplace - Online Acknowledgement
H) Palm Beach Inspector General - Online Acknowledgement
1) Local Business Certification - Online Form
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J) Statement of Non-Submittal (if applicable) - Online Form
K) Schedule of Sub-Consultants (if applicable) — Online Form
L) Submit current Florida Professional License, including evidence of
possession of required licenses or business permits —Attach and Upload
M) Submit proof of Professional Liability Insurance at the levels identified on
the Insurance Advisory Form —Attach and Upload
N) Submit any Supplemental information relative to this ITB—Attach and
Upload
O) Provide photocopies of the following State or Palm Beach County, Certified
or Registered, Class A Air Conditioning (CA or RA) or Mechanical
Contractor (CM or RM) (valid and current) licenses and/or certificates and,
at least one of the following: Failure to provide this documentation may
result in rejection of bid. Attach and Upload
1. Palm Beach County Local Business Tax Receipt, formerly Occupational
License. Attach and Upload
OR
2. Proof of an active Certificate of Authority issued by the Florida Department
of State which authorizes the Bidder to transact business in the State of
Florida. This proof may be provided by either submitting a copy of the
Letter of Authority issued by the Office of the Secretary of State or by
submitting a copy of the Certificate of Status Verification which may be
obtained via Sunbiz.org-Department of State. Attach and Upload
BID SHEET IS A SEPARATE
DOCUMENT WHERE YOU
WILL INPUT PRICES
WITHIN THE SYSTEM
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4
INVITATION TO BID (ITB)
No. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
SECTION 4—GENERAL CONDITIONS
1. FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in
compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any
manner affect the equipment and the services provided to the City. Ignorance on the part of the
bidder will in no way relieve bidder of responsibility to adhere to such regulations.
2. ITB FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and
descriptive information must be legibly entered. The bidder must state the price and the time of
delivery for which they propose to deliver the equipment or service requested. The bidder IS
required to be licensed to do business as an individual, partnership or corporation in the State of
Florida. Place all required bid forms in a sealed envelope that has the company's name and
address, Bidder title, number, Bidder date and time on the outside of the sealed envelope. Bidders
not submitted on appropriate proposal forms may be rejected. All Bidders are subject to the
conditions specified herein. Bidders which do not comply with these conditions are subject to
rejection.
3. EXECUTION OF ITB: ITB must contain a manual signature of an authorized representative in the
space provided on all affidavits and bid sheets.
4. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part
of the evaluation process in determining the award of bidder. Demonstrations of the merits of the
equipment/services that meet City requirements shall be requested by Procurement Services.
Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned
per the individual bid product or service application, will form the Bid Award Committee to evaluate
and submit a group award recommendation. The City reserves the right to make separate and
independent awards based on its needs and the combined evaluation results.
5. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected,
unless addressed in the Special Conditions Section of the bid documents.
6. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents
may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and
specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE
SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms,
or the inclusion of manufacturer's printed documents shall not be construed as constituting an
exception within the intent of the Contract documents.
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7. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed
which would necessitate alteration of the material, quality, workmanship or performance of the
items offered on this submittal prior to their delivery, it shall be the responsibility of the successful
bidder to notify the City at once, indicating in a letter the specific regulation which required an
alteration. The City reserves the right to accept any such alterations, including any price
adjustments occasioned thereby, or to cancel the Contract at no expense to the City
8. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with
specifications under the direction of appropriate testing laboratories. The data derived from any
tests for compliance with specifications are public records and open to examination thereto in
accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications
may be rejected and returned at vendor's expense. These items and items not delivered as per
delivery date in the bid and or Purchase Order may result in the bidder being found in default in
which event any and all procurement costs may be charged against the defaulted Contractor. Any
violation of these stipulations may also result in the vendor's name being removed from the City of
Boynton Beach's vendor mailing list.
9. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,
the decision of the City Manager shall be final and binding on both parties.
10. NO SUBMITTAL: A no submittal response can be submitted online through the e-Procurement
bidding system.
11. ITB DEADLINE: It is the Bidder's responsibility to assure that the ITB is submitted electronic by or
at the proper time and date prior to the ITB deadline. Late submittal responses are not permitted
by the Bidding System.
12. RIGHTS OF THE CITY: The City expressly reserves the right to:
A. Waive as an informality, minor deviations from specifications at a lower price than the most
responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is
determined that total cost is lower and the overall function is improved or not impaired;
B. Reject or cancel any or all ITB's;
C. Reissue an Invitation to ITB;
D. Extend the ITB deadline time and date;
E. Consider and accept an alternate bid as provided herein when most advantageous to the City.
F. Increase or decrease the quantity specified in the Invitation to Bid;
13. STANDARDS: Factors to be considered in determining whether the standard of responsibility has
been met include whether a prospective Bidder has:
A. Available the appropriate financial, material, equipment, facility, and personnel resources and
expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual
requirements;
B. A satisfactory record of performance;
C. A satisfactory record of integrity;
D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach;
E. Supplied all necessary information in connection with the inquiry concerning responsibility.
14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed
to the Purchasing representative through the Bidding System only by clicking on the "Submit a
Question" button for this specific ITB no later than ten (10) days prior to the ITB deadline. Inquiries
must reference the date by which the ITB is to be received.
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15. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is
awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities
available, provide to other governmental agencies, so requesting, the products or services awarded
in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall
be F.O.B. Destination to the requesting agency.
16. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or
Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive,
responsible bidder whose bid represents the most advantageous bid to the City, price and other
factors considered. Evaluation of bids will be made based upon the evaluation factors and
standards set forth herein. The City reserves the right to reject any and all bids and to waive
technical errors as set forth herein. In the event of a Court challenge to an award by any bidder,
damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred
by the challenging bidder. In no case will the award be made until all necessary investigations have
been made into the responsibility of the bidder and the City is satisfied that the most responsive,
responsible bidder is qualified to do the work and has the necessary organization, capital and
equipment to carry out the required work within the time specified.
17. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding
that all items/services delivered must meet the specifications herein. Items/services delivered not
as specified, will be returned at no expense or penalty to the City of Boynton Beach.
18. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates
that the seller is responsible for the shipment until it reaches its destination. Any and all freight
charges are to be included in the bid total. The bidder's invoice payment terms must be shown.
19. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories
and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship.
This warranty shall be for a period of 365 days or the time designated in the standard factory
warranty, whichever is longer. The warranty will be the same as that offered to the commercial
trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover
parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property,
if space is available; this will be at the sole discretion of the City. Contact Procurement Services for
permission to perform warranty service on City property. Warranty to start at the time of acceptance
by the City; however, in cases where vehicles or equipment are not immediately placed in service,
the bidder will provide a delay of warranty start-up time. The period of warranty delay will be
coordinated by Procurement Services.
20. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include
all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is
requested to offer a cash discount for prompt invoice payment. Discount time will be computed from
the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office
specified, whichever is later.
Upon delivery, the City shall make final inspection. If this inspection shows that the
equipment/service has been delivered/performed in a satisfactory manner in accordance with the
specifications, the City shall receive the same. Final payment due the bidder shall be withheld until
visual inspection is made by the using department and merits of performance evaluated. This total
acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty
(30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required
to pick up the equipment, accomplish the necessary repairs and return the equipment to the City.
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Warranty repairs may be accomplished on City property if space is available; this will be at the
discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the
bidder, unless such loss or damages have been proven to be the result of negligence by the City.
A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities.
B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices,
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
bidder's risk.
C. DISCOUNTS: Will be considered in determining the lowest net cost.
D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped
as a result of this bid shall be new(current production model at the time of this bid). All containers
shall be suitable for storage or shipment, and all prices shall include standard commercial
packaging.
E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and
fabricated assemblies shall carry U.L. approval and reexamination listing where such has been
established.
21. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time
is of importance to the City and the bidder is hereby notified that the date of delivery will be
considered as a factor in the evaluation of the bids
22. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses
and permits, if required, to complete this service at no additional cost to the City. Licenses and
permits shall be readily available for review by the Purchasing Agent and City Inspectors.
23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material,
equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that
if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently
found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary
to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall
be borne by the bidder.
Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and
State safety regulations and requirements.
24. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of
the City of Boynton Beach, Palm Beach County, of the State of Florida.
25. SUBCONTRACTING: If a Bidder subcontracts any portion of a Contract for any reason, the Bidder
must state the name and address of the subconsultant and the name of the person to be contacted
on the attached "Schedule of Subconsultants". The City of Boynton Beach reserves the right to
accept or reject any or all bids wherein a subconsultant is named and to make the award to the bid,
who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City.
The City also reserves the right to reject a bid of any Bidder if the bid names a subconsultant who
has previously failed in the proper performance of an award or failed to deliver on time Contracts
of a similar nature, or who is not in a position to perform properly under this award. The City
reserves all rights in order to make a determination as to the foregoing.
23
26. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify
the meaning of the Contract documents. Since all addenda are available to the Bidder through the
City's e-Procurement system Boynton-beach.bidsandtenders.net, it is each Bidder's responsibility
of each bid to have receive all addenda that are issued. Bidders should check online at
beach.bidsandtenders.net prior to submitting their bid and up until the ITB closing time and date in
the event additional addenda are issued. If a Bidder submits their bid prior to the ITB closing time
and date and any addenda have been issued, the Bidding System shall withdraw the Bidder's
submission and the submittal status will change to an incomplete status and withdraw the bid
submittal. The Bidder can view this status change in the"MY BIDS" section of the Bidding System.
The Bidder is solely responsible to:
make any required adjustments to their Bid; and
acknowledge the addenda; and
Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the
stated bid closing time and date
27. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the Bidder
offers and agrees that if the bid is accepted, the Bidder will convey, sell, assign or transfer to the
City of Boynton Beach all rights, title and interest in and to all causes of action it may now or
hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing
relating to the particular commodities or services purchased or acquired by the City of Boynton
Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become
effective at the time the Purchasing Division tenders final payment to the Bidder.
28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and
regulations that in any manner affect the items covered herein apply. Lack of knowledge by the
Bidder will in no way be a cause for relief from responsibility.
29. ON PUBLIC ENTITY CRIMES—provided in Fla. Stat. §287.133(2)(a), a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may not
submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid
on a contract with a public entity for the construction or repair of a public building or public work,
may not submit Bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor or consultant under a contract with any public entity,
and my not transact business with any public entity in excess of the threshold amount provided
S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
30. SCRUTINIZED COMPANIES - 287.135 and 215.473
By submission of this Bid, Bidder certifies that Bidder is not participating in a boycott of Israel.
Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not
on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for
the provision of goods or services with any scrutinized company referred to above. Submitting a
false certification shall be deemed a material breach of contract. The City shall provide notice, in
writing, to Contractor of the City's determination concerning the false certification. Contractor shall
have five (5) days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false
certification was made in error. If Contractor does not demonstrate that the City's determination of
false certification was made in error then the City shall have the right to terminate the contract and
seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
24
Page 42:7 of 6:781
Solicitation responses of$1 million or more must include the attached Scrutinized Companies form
to certify that the Bidder is not on either of those lists.
31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form
and shall submit the form with their bid. The City considers the failure of the Bidder to submit
this document to be a major irregularity, and may be cause for rejection of the bid.
32. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and
shall submit this form with their bid. The City considers the failure of the Bidder to submit this
document to be a major irregularity, and may be cause for rejection of the bid.
33. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach
to increase the participation of minority-owned businesses in its contracting and procurement
programs. While the City does not have any preference or set-aside programs in place, it is
committed to a policy of equitable participation for these firms. Therefore, each bidder shall
complete the Confirmation of Minority-Owned Business Form and shall submit the form with its
Bid/Proposal.
34. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any
commercial advertising. Violation of this stipulation may be subject to action covered under
"NONCONFORMANCE WITH CONTRACT CONDITIONS".
35. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may
be come due hereunder are not assignable except with the prior written approval of the City.
36. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida
its officers, agents, volunteers and employees from liability of any kind in the performance of this
Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense
of the City, its City Commissioners, agents, servants an employees from and against any and all
claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any
personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's
operation pursuant to this Contract and from and against all costs, counsel fees, expenses and
liabilities incurred in an about any such claims, the investigation thereof, or the defense of any
action or proceedings brought thereon, and from and against any orders or judgments which may
be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any
claim, suit or action against the City arising directly or indirectly from the operations of the bidder
hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the
provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit
or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and
damages which may be incurred or sustained by the City by reason of the bidder's breach of any
of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its
employees.
37. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the
City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
25
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of public
records
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONSULTANT'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
38. FUNDING OUT:
The resultant Agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission for the City of
Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
39. PALM BEACH COUNTY INSPECTOR GENERAL:
The contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of any contracts resulting
from this solicitation, and in furtherance thereof, may demand and obtain records and testimony
from the contractor and its subcontractors and lower tier subcontractors. The contractor
understands and agrees that in addition to all other remedies and consequences provided by law,
the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with
the Inspector General when requested, may be deemed by the municipality to be a material breach
of this contract justifying its termination.
26
40. LOCAL BUSINESS PREFERENCE:
The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business
preference.
"For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City
shall give preference to a Local Business if the Local Business' bid is determined to be within five
percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and
responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder
returning the highest amount to the City, the same preference set forth herein shall be applied with
respect to the highest bid."
In order to be considered for a local business preference, a bidder must include the Local Business
Status Certification Form at the time of bid submittal.
Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible
for the local business preference for this solicitation.
41. BRAND NAMES:
Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in
specifications is for the purpose of establishing a grade or quality of material only. It is not the
COBB's intent to rule out other competition, therefore, the phrase
OR ACCEPTABLE EQUAL is added. However, if a product other than that specified is bid, it is the
vendor's responsibility to submit with the bid brochures, samples and/or detailed specifications on
items bid. The COBB shall be the sole judge concerning the merits of bid submitted.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the
specified brands, and shall indicate ANY deviation from the specifications as listed. Other than
specified items offered requires complete descriptive technical literature marked to indicate detail(s)
conformance with specific COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has
been no violation of copyrights or patent rights in manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. Seller agrees to hold the purchaser harmless from any
and all liability, loss or expense occasioned by any such violation.
42. PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extend total. Prices must
be stated in units of quantity specified in bid specifications. In case of discrepancy in computing the
amount of the bid, the UNIT PRICE quoted will govern. All prices FOB destination, freight prepaid
(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will
be in accordance with terms and conditions stated herein. Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity
discounts offered will not be a consideration in determination of award of bid(s). If a bidder offers a
discount, it is understood that a minimum of 30 days will be required for payment, and the discount
time will be computed from the date of satisfactory delivery at place of acceptance and receipt of
correct invoice at the office specified.
27
43. CONDITIONS AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be new(current
production model at the time of the bid). All containers shall be suitable for storage or shipment, and
all prices shall include standard commercial packaging.
44. DELIVERY:
Unless actual date of delivery is specified, show number of days required to make delivery after receipt
of purchase order in space provided. Delivery time may become a basis for making an award (See
Special Conditions). Delivery shall be within the normal working hours of the user, Monday through
Friday, excluding holidays unless otherwise specified on the purchase order.
45. QUALITY:
The items bid must be new and equal to or exceed specifications. The manufacturer's standard
guarantee shall apply. During the guarantee period the successful bidder must repair and/or replace
the unit without cost to the COBB with the understanding that all replacements shall carry the same
guarantee as the original equipment. The successful bidder shall make any such repairs and/or
replacements immediately upon receiving notice from the COBB.
46. SAMPLES, DEMONSTRATIONS AND TESTING:
Samples of items, when required, must be furnished free of expense and if not destroyed, will upon
request, be returned at the bidder's expense. Request for the return of the samples must be indicated
on his or her bid. Each individual sample must be labeled with bidder's name, bid number and item
number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated
may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the
Contract Administrator.
When required, the COBB may request full demonstrations of any units bid prior to the award of any
contract.
Items may be tested for compliance with specifications under the direction of the Florida Department
of Agriculture and Consumer Services, or an independent testing laboratory. Bidders shall assume full
responsibility for payment for any and all charges for testing and analysis of any materials offered or
delivered that do not conform to the minimum required specifications. Bidder's disposition of all items
delivered in this category must be at no expense to the COBB.
47. INSPECTION AND ACCEPTANCE OF GOODS:
The awarded bidder shall be responsible for delivery of items in good condition at point destination.
Bidder shall file with the carrier all claims for breakage, imperfections, and other losses, which will be
deducted from invoices. The COBB will note, for the benefit of successful bidder, when packages are
not received in good condition. In the event the material and/or services supplied to the COBB is found
to be defective or does not conform to specifications, the COBB reserves the right to cancel the order
upon written notice to the seller and return the product to seller at the seller's expense.
48. PRODUCT RECALL:
In the event the awarded bidder receives notice that a product delivered to the COBB has been
recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found
to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by
any State or Federal regulatory agency, the awarded bidder shall notify the COBB's Bid Purchasing
28
Agent within two business days of receiving such notice. The COBB's acceptance or failure to reject
the affected product as non-conforming shall not in any way impact, negate, or diminish the awarded
bidder's duty to notify the COBB's Purchasing Agent that the affected product has been recalled, seized
or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for
human consumption. The form and content of such notice to the COBB shall include the name and
description of the affected product; the approximate date the affected product was delivered to the
COBB; the bid number; and relevant information relating to the proper handling of the affected product
and/or proper disposition of the affected product by the COBB, if necessary to protect the health,
welfare, and safety of COBB students or employees; and any health hazards known to the awarded
bidder which may be caused or created by the affected product. The awarded bidder shall, at the option
of the Purchasing Department and/or Purchasing Agent, either reimburse the purchase price or provide
an equivalent replacement product at no additional cost to the COBB. Unless it was absolutely
necessary for the COBB to dispose of the affected product, the awarded bidder shall be responsible
for removal and/or replacement of the affected product within a reasonable time, as determined by the
COBB, without causing significant inconvenience to the COBB.
At the option of the COBB, the awarded vendor may be required to reimburse storage and/or handling
fees to be calculated from time of delivery and acceptance to actual removal or disposal. The awarded
vendor will bear all costs associated with the removal and proper disposal of the affected product. The
failure to reimburse the purchase price and storage and/or handling fees or to remove and/or replace
the affected product with an equivalent replacement within a reasonable time without significant
inconvenience to the COBB will be considered a default.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
29
�L °
y
INVITATION TO BID (ITB)
No. 012-2511-20/EM
FOR
"HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES"
SECTION 5— SPECIAL CONDITIONS
1. It will be the responsibility of the successful Bidder to supply necessary labor for completion of
services if requested by the City of Boynton Beach.
2. The City by written notice may terminate in whole or in part any Contract resulting from this ITB
when such action is in the best interest of the City. If the Contract(s) are so terminated the City
shall be liable for only payment for services rendered prior to the effective date of termination.
Services rendered will be interpreted to include costs of items already delivered plus reasonable
costs of supply actions short of delivery.
3. It shall be the responsibility of the successful Bidder to maintain workers' compensation
insurance, professional liability, property damage liability insurance and vehicular liability
insurance; during the time any of his personnel are working on City of Boynton Beach property.
Loss by fire or any other cause shall be the responsibility of the vendor until such time as the
items and/or work has been accepted by the City. The successful Bidder shall furnish the City
with a certificate of insurance after award has been made prior to the start of any work on City
property. Said insured companies must be authorized to do business in the State of Florida and
the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's
Key Rating Guide, latest edition.
4. The City of Boynton Beach reserves the right, before awarding a Contract to require a Bidder
to submit such evidence of qualifications as it may deem necessary, and may consider any
evidence available to it of the financial, technical and other qualifications and abilities of a
Proposer, including past performance(experience)with the City in making the award in the best
interest of the City.
5. The successful Bidder shall at all times guard from damage or loss of property of the City or of
other vendors and shall replace and/or repair any loss or damage unless such has been proven
to have been caused by the City, or other vendors. The City may withhold payment or make
such deductions as it may deem necessary to insure reimbursement for loss or damage to
property through negligence of the successful Bidder or his agent.
30
it :,
_ 0
5 t ��� F
i
BIDDER'S QUALIFICATION STATEMENT
TO BE COMPLETED AND UPLOADED ONLI E
The undersigned certifies under oath the truth and correctness of all statements and of all answers
to questions made hereinafter:
Check One
Submitted By: Corporation
Name: Partnership
Address: Individual
CITY, State, Zip: Other
Telephone No.:
Fax No.:
Email Address.:
1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious
name under which you do business and the address of the place of business.
The correct name of the Bidder is:
The address of the principal place of business is:
2. If Bidder is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. President's name:
d. Vice President's name:
e. Secretary's name:
f. Treasurer's name:
g. Name and address of Resident Agent:
3. If Bidder is an individual or a partnership, answer the following:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
a. Date of organization:
b. Name, address and ownership units of all partners:
C. State whether general or limited partnership:
4. If Bidder is other than an individual, corporation or partnership, describe the organization and give
the name and address of principals:
5. If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this Bid. Please attach certificate of competency and/or state registration.
8. Did you attend the Pre-Bid Conference if any such conference was held?
YES F—] NO
9. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary)
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
11. State the name of the individual who will have personal supervision of the work:
12. State the name and address of attorney, if any, for the business of the Bidder:
13. State the names and addresses of all businesses and/or individuals who own an interest of more
than five percent (5%) of the Bidder's business and indicate the percentage owned of each such
business and/or individual:
14. State the names, addresses, and the type of business of all firms that are partially or wholly owned
by Bidder:
15. State the name of Surety Company which will be providing the bond (if applicable), and name and
address of agent:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
16. Annual Average Revenue of the Bidder for the last three years as follows:
Revenue Index Number
a. Government Related Work
b. Non-Governmental Related Work
Total Work a +b):
Revenue Index Number
1. Less than $100,000
2. $100,000 to less than $250,000
3. $250,000 to less than $500,000
4. $500,000 to less than $1 million
5. $1 million to less than $2 million
6. $2 million to less than $5 million
7. $5 million to less than $10 million
8. $10 million to less than $25 million
9. $25 million to less than $50 million
10. $50 million or greater
17. Bank References:
Bank Address Telephone
18. Provide description of policies and methods for project monitoring and budgeting control as well
as adherence to project schedule (continue on insert sheet, if necessary).
19. Provide descriptions of quality assurance/quality control management methods (continue on
insert sheet, if necessary):
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
20. Is the financial statement submitted with your bid (if applicable) for the identical organization
named on page one?
YES F-1 NO
21. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
22. What will be your turnaround time for written responses to City inquires?
23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5)
years. Include in the description, the disposition of each such petition.
24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder
or its predecessor organization(s) during the last five (5) years. The list shall include all case
names, case arbitration or hearing identification numbers, the name of the project which the
dispute arose, and a description of the subject matter of the dispute.
25. List and describe all criminal proceedings or hearings concerning business related offenses to
which the Bidder, its principals or officers or predecessors' organization(s) were defendants.
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
26. Has the Bidder, its principals, officers or predecessors' organization(s) been Convicted of a Public
Entity Crime, debarred or suspended from bidding by any government during the last five (5)
years? If so, provide details.
The Bidder acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by owner in awarding the contract and such
information is warranted by Bidder to be true. The discovery of any omission or misstatement that
materially affects the Bidder's qualifications to perform under the contract shall cause the owner
to reject the bid, and if after the award, to cancel and terminate the award and/or contract.
(Signed)
(Title)
Subscribed and sworn to before me
This day of ' 2020
Notary Public (Signature)
My Commission Expires:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
r
ANTI-KICKBACK AFFIDAVIT
TO BE COMPLETED AND UPLOADED ONLSTATE OF FLORIDA )
SS
COUNTY OF PALM BEACH )
I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will
be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift,
directly or indirectly by me or any member of my integrator or by an officer of the corporation.
By:
NAME - SIGNATURE
Sworn and subscribed before me
this day of 2020
Printed Information:
NAME
TITLE
NOTARY PUBLIC, State of Florida
at Large
COMPANY
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
0
NON COLLUSION AFFIDAVIT OF BIDDER
TO BE COMPLETED AND UPLOADED ONLINE
State of )
County of )
being first duly sworn, deposes and says that:
1) He is of , the proposer that
(Title) (Name of Corporation or Integrator)
has submitted the attached ITB:
2) He is fully informed respecting the preparation and contents of the attached submittal and of all
pertinent circumstances respecting such submittal;
3) Said ITB is genuine and is not a collusive or sham ITB;
4) Further, the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired, connived
or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or
sham ITB in connection with the Contract for which the attached ITB has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communications or conference with any other Bidder, integrator
or person to fix the price or prices in the attached ITB or of any other Bidder, or to fix any overhead,
profit or cost element of the ITB price or the ITB price of any other Bidder, or to secure through any
collusion, conspiracy, connivance or unlawful agreement any advantage against the City of
Boynton Beach or any person interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
(Title)
Subscribed and sworn to before me
This day of ' 20
Notary Public (Signature)
My Commission Expires:
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
0-
CERTIFICATION PURSUANT TO FLORIDA
STATUTE § 287.135
TO COMPLETED AND UPLOADED ONLINE
I, on behalf of certify
Print Name and Title Company Name
that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall
provide notice, in writing, to the Consultant of the City's determination concerning the false
certification. The Consultant shall have ninety (90) days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the
Consultant does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services if at the time of bidding on, submitting a bid
for, or entering into or renewing a contract if the company is on the Scrutinized Companies that
Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel;
and
2) Contracting with companies, for goods or services that are on either the Scrutinized Companies
with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are
engaged in business operations in Syria.
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
As the person authorized to sign on behalf of the Consultant, I hereby certify that the company
identified above in the section entitled "Consultant Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either
the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not
engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida
Statutes, the submission of a false certification may subject the company to civil penalties,
attorney's fees, and/or costs. I further understand that any contract with the City for goods or
services may be terminated at the option of the City if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies with Activities in Sudan list
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
COMPANY NAME SIGNATURE
PRINT NAME TITLE
THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
"DRAFT"
SUBJECT TO REVISIONS PRIOR TO SIGNING.
PROFESSIONAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide
INSERT DESCRIPTION
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit"A"
Scope of Services attached hereto and incorporated herein by reference, including the
provision of all labor, materials, equipment and supplies. No modifications will be made to
the original scope of work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement effective TBD.
4. TERM. The initial term of the contract shall be for One (1) year effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in
consultation with the Finance Director may extend the agreement at the same terms, and
conditions, for three (3) one-year renewals (exercised separately) subject to vendor
acceptance, satisfactory performance as determined by the Purchasing Manager, and
determination by the Purchasing Manager that renewal will be in the best interest of the City.
An increase in cost of less than 2% for each extension may be approved by the City
administration and does not require Commission approval.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for
services rendered under this Agreement in accordance with Exhibit "B" Schedule of Prices
attached hereto and incorporated herein by reference, as follows:
a. The total contract price in the amount of PRICE/UNIT for an annual
estimated amount of for a period of years (#), with an option to
renew for (#) one-year terms for a total estimated amount over
the total potential term of the agreement, shall be the total amount of payment to Vendor for
services provided under this Agreement for the entire term of the Agreement.
b. Payment for the work provided by Vendor shall be made promptly on all invoices
submitted to the City properly, provided that the total amount of payment to Vendor shall not
exceed the total contract price without express written modification of the Agreement signed
by the City Manager or designee.
c. The Vendor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of the
work under this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
f. The Vendor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
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Page 444 of 670
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Vendor in connection with the services rendered under this agreement
shall be the property of the City whether the project for which they are made is executed or not. The
Vendor shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Vendor's endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach,
ordinances and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents
and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorney fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Vendor's own employees, or damage to property occasioned by a negligent act,
omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence
and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property
damage, and professional liability insurance in the amount of $1,000,000 per occurrence to
$2,000.000 aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to
the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded
City employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or Social Security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Vendor, or any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Vendor, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person,
other than a bona fide employee working solely for the Vendor any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or
making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age,
G2
sex or the presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory
personnel assigned to the project, the surviving members of the Vendor hereby agree to complete
the work under the terms of this Agreement, if requested to do so by the City. This section shall
not be a bar to renegotiations of this Agreement between surviving members of the Vendor and
the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Vendor shall be sent to the following address:
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Firm and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only
by written instrument signed by both City and Firm.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the
City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor shall:
C-3
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided
by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and, following completion of the contract, Contractor shall destroy all copies of
such confidential and exempt records remaining in its possession once the Contractor transfers
the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all
public records in Contractor's possession All records stored electronically by Contractor must
be provided to the CITY, upon request from the CITY's custodian of public records, in a format
that is compatible with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@BBFL.US
20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of
Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott
Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company referred to above.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor
shall have five (5) days from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the determination of false
C-4
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.
21. EXECUTION OF THE AGREEMENT. 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.
DATED this day of 20
CITY OF BOYNTON BEACH
Lori LaVerriere, City Manager Signature of Authorized Official
Printed Name of Authorized Official
Attest/Authenticated:
Title
(Corporate Seal)
Crystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
James A. Cherof, City Attorney Secretary
e
d� -
City of Boynton Beach
C-5
EXHIBIT A
SCOPE OF SERVICES
TO BE INSERTED
EXHIBIT B
SCHEDULE OF PRICES
EXHIBIT C
A/C and Exhaust Inventory
DATE:
Sheet
FACI LITY UNIT LOCATION
UNIT Exhaust Fan
Manufacturer Name Manufacturer Name
Manufacturer Date Manufacturer Date
Model # Model #
Serial # Serial #
Freon Type Number of blades
Motor Size (HP) & (RPM) Motor Size (HP) & (RPM)
Electrical Supply Electrical Supply
Electrical Phase Electrical Phase
Electrical Amps (max.) Electrical Amps (max.)
Filter size(s) Fan Size
Belt size(s) and model type and #'s Exterior screened YES
NO
Life expectancy Exterior screened condition
Notes:
C-8
EXHIBIT D
(PREVENTATIVE MAINTENANCE SHEET)
DESCRIPTION DATE _/_/ Notes
FACILITY RECORD ALL FINDINGS ;USING THE NOTES COLUMN
UNIT UNIT LOCATION
Filter Check Change
(Write the date on the filters Check
when they are changed) Initial:
Condensation Drain Pan Clean
Initial:
Condensation Drain Line Clean
Initial:
Evaporator Coil Clean
Initial:
Blower Wheel Inspect
Initial:
Compressor Inspect
Initial:
Drive Belts Inspect
Initial:
Piping Insulation Inspect
Initial:
Pulleys/Sheaves Inspect
Initial:
Electrical Connections Inspect
Initial:
Test Motor, Record Voltage Inspect
Initial:
Test AMP draw on Motor
Freon Level
Initial:
Inspect Heater
Initial:
Calibrate Thermostat
Initial:
Lubricate necessary Parts
Initial:
TASKS FOR CHILLER TOWERS/EQUIPMENT ONLY
Cooling Tower Inspect
Initial:
Water Treatment Chemicals Inspect
Record
(Order Chemicals as Necessary) Initial:
Temperature Readings In Various Zones
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Zone( ) Record
Initial:
C-9
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements,the City requires appropriate coverages listing the City
of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate
Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing
insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder
may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of
insurance required of consultants, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and
the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon
identified risk.)
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $1,000,000.00
Commercial General Liability Products-Comp/Op Agg. $1,000,000.00
Owners&Consultant's Protective(OCP) Personal&Adv. Injury $1,000,000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50,000.00
Employees&Officers Med. Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Consultants
Broad Form Property Damage
Fire Legal Liability
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 300,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50,000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Garage Liability Auto Only, Each Accident $1,000,000.00
Any Auto Other Than Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,000,000.00
Aggregate $1,000,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease, Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P ro pe rty
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Other- As Risk Identified to be determined
------------------------------------------------------------------
C-10
7.D.
CONSENT BIDS AND PURCHASES OVER$100,000
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Approve Task Order UT-1 B-01 with Carollo Engineers in the amount of
$189,512.00 for the design, permitting, bidding, and construction support services for the Silverwood Area
Force Main project in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract,
Scope Category B awarded by City Commission on August 7, 2018.
Explanation of Request:
Contract Period: August 22, 2018—August 21, 2020
On January 15, 2019, the City Commission approved Task Order UT-113-01 with Carollo Engineers for
hydraulic modeling and an evaluation of the wastewater system in the northwest portion of the Utilities service
area, known as the Silverwood area. As part of their evaluation, Carollo Engineers provided
recommendations for improvements to the wastewater force main system (pressure pipe system). The
recommended alternative is to construct approximately 4,600 linear feet of new wastewater force main piping
with the public rights-of-way of Hypoluxo Road and Lawrence Road.
In order to implement the recommended improvements, Carollo Engineers will provide engineering services
for data gathering, field investigation, preliminary and final design, permitting assistance, bidding services,
and limited construction support services and project management. Carollo Engineers will continue to utilize
the same task order number for the project(Task Order UT-1 B-01).
How will this affect city programs or services?
Construction of the recommended improvements will provide increased force main capacity, an improved level
of service to the residents and businesses in the northwest portion of the Utilities service area, and will support
future growth and development.
Fiscal Impact: Budgeted
Funding for the project is available in the Utilities Cl P account#404-5016-535-65.03.
Alternatives: Continue to operate the existing wastewater system as-is and not implement the recommended
improvements.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Page 454 of 670
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Attachment Carollo Task Order Proposal
D Contract Contract
Page 455 of 670
Engineers...Working Wonders With WaterO
Zt. 6'W- a Paikwa,, `;iJle4CCt ,Vey-tPaler BSeach Flmica 13311
April 8, 2020
Mr. Milot Emile
Boynton Beach Utilities
124 East Woolbright Road
Boynton Beach, FL 33435
Subject: Proposal for Engineering Services
Silverwood Area Wastewater Force Main Design
Dear Mr. Emile:
As requested,we have prepared the following proposed scope of services for the subject project.
BACKGROUND
The City of Boynton Beach Utilities(City)anticipates growth of its sewer service within the Northwest
portion of the service area, primarily known as the Silverwood area. Due to the growth of the system,along
with current capacity challenges experienced at lift stations within this area,the City contracted Carollo
Engineers, Inc. (Carollo), under a previous work order,to develop and integrate planned developments into
the City's existing hydraulic model and provide recommended infrastructure improvements.
The recommended infrastructure improvement consists of installing approximately 4600 linear feet of force
main that bypasses LS 909(Trinity Church), LS 929(Colony Club Apartments), and LS 714(Homes of
Lawrence).The proposed force main begins downstream of LS 931(Toscanna Isles),just upstream of the
gravity main that feeds into LS 909(Trinity Church),and goes north to Hypoluxo Road and jogs east where it
connects to the force main on Lawrence Road,downstream of LS 711.This proposed bypass force main aims
to alleviate LS 909 and LS 714 of performance loss and the inability to maintain peak flows.Additionally,
there is an approximate 2000 linear feet of existing force main along Lawrence Road which is hydraulically
limited,and is recommended for upgrade. A route map of the proposed force main improvements is shown
in Figure 1.
Carollo's scope of services includes engineering services for data gathering,field investigation, preliminary
and final design, permitting assistance, bidding services, limited construction support services and project
management.A detailed description of each task is provided below.
350.53 BOY I Silverwood FM Design WATER
OUR FOCUS
OUR BUSINESS
OUR FR9§lK)456 of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 2
SCOPE TASKS
TASK 1-DATA G THEIN G
The purpose of this task is to collect and review the available data to complete the project. Data collection
will include a variety of sources based on the best available data, requiring data from Carollo and the City.
The required data is anticipated to include, but not be limited to:
• Record drawings of pipelines along the proposed pipeline route.
• Previous data, including hydraulic model, GIS and SCADA have previously been provided.
• Any other new data which becomes available, including development data.
All collected data will be reviewed and compiled for use in the tasks which follow.To further complement
the data collection effort,we anticipate a field visit after initial review of the data.Along with City staff,this
visit is anticipated to confirm received data.
TASK 2-FIELD INVESTIGATION (SURVEY,SUE, GEOTECHNICAL SERVICES)
The purpose of this task is to conduct detailed field investigation that is to include survey,subsurface utility
engineering(SUE)to determine depths of potential conflicting nearby utilities, and geotechnical services.
Survey-A topographic survey will be conducted along the proposed pipeline route.The survey limits will be
from right-of-way line to right-of-way line from the connection point downstream of LS 931 to
Hypoluxo Road and south right-of-way line to centerline of Hypoluxo Road along Hypoluxo Road.Additional
survey will be included along Lawrence Road from Hypoluxo Road to the South(approximately 2000 ft).
The topographic survey will include:
• Aboveground,visible improvements and utilities.
• Utility surface markings. Ground penetrating radar(GPR)may be utilized where numerous other existing
utilities exist within the anticipated survey area and other location information cannot confirm the
necessary details.
• Pipe inverts,sizes,and material information for the gravity sewer and stormwater collection system.
• Trees with 18-inch diameter at breast height(DBH)or greater.
SUE-Subsurface Utility Engineering will occur to confirm the depth of potential conflicts with existing
utilities.SUE is anticipated to be limited to twenty(20)test holes in total(10 soft and 10 hard surface
anticipated).
Geotechnical Services-A geotechnical investigation will be conducted and consist of up to four 15-foot
deep SPT borings line and up to eight 20-foot deep borings.A brief report will be prepared to present the
results of the exploration. Boring locations will be shown in the report and survey. One signed and sealed
copy of the report and a PDF copy will be provided to the City.
Deliverables:
1. Survey
2. Geotechnical Report
carollo.com
Page 457 of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 3
TASK 3-PRELIMINARY AND FINAL DESIGN
Based on the results of the data collection and field investigation,the team will move forward with design of
the project.The design will include construction plans and specifications at the 60 and 100 percent design
levels.
Hydraulic Update—Hydraulic analysis was previously conducted in a preliminary study. However,the City
anticipates minor changes in the area of this system. Prior to design, Carollo will assist in reviewing and
providing minor updates to the hydraulic model. The results of this model will be used to confirm the final
sizing of the pipeline along the project route. Note that limited hours are included for this task as noted in
the fee breakdown sheet.
Plans- Utilizing investigational data, provide site drawings that will generally include a plan and profile of
the proposed force main. Detail drawings related to fittings,taps,or other construction methods will be
provided in detail sheets. Plans shall be developed in AutoCAD format,full size(22 inch x 34 inch;or 24 inch
x 36 inch)plans,and on a 1 inch=20 foot scale or better. Plans shall include:
• Cover Sheet, Index, location map, legend,general notes.
• Profile/Section views.
• General details.
For purposes of this scope, it is anticipated that the new force main will be installed by a combination of
open cut and directional drilling methods.
Specifications- Provide specifications related to the construction, including valves, piping,fittings, and
general construction method requirements.
Estimate of Construction Cost- Provide a preliminary cost estimate for the construction of the project.The
cost estimate shall be based upon current industry historical and regional information, bid data,etc.
Deliverables:
1. Plans(60 percent and 100 percent).
2. Specifications(60 percent and 100 percent).
3. Estimate of Construction Cost(60 percent and 100 percent).
TASK 4-PERMITTING
Prior to construction,the Engineer will submit for and obtain permits. Permits anticipated in this scope
include:
• FDEP construction permit-Carollo will prepare and submit FDEP Form 62-604.300(8)(a)
Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System.
• City ROW permit- For construction within the easement of City maintained roads,a City ROW permit is
anticipated.This does not include maintenance of traffic(MOT), roadway or stormwater design. MOT
will be included as part of the construction effort by the contractor if required.
• County ROW permit- For construction within the easement of County maintained roads,a County ROW
permit is anticipated.This does not include maintenance of traffic(MOT), roadway or stormwater design.
MOT will be included as part of the construction effort by the contractor if required.
eagle 4 8 of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 4
FDOT, Lake Worth Drainage District Easement,or other permitting are not anticipated or included based
on the pipeline corridor.There is a known Lake Worth Drainage District Easementjust south of Hypoluxo
Road. However, placement of the pipe within this easement is not desired by the City.
TASK S-BIDDING
It is anticipated that the Bid Set submittal will be advertised to hire a General Contractor to construct the
Work. Carollo will submit bid documents in accordance with the City's requirements for public
advertisement of the Project.The City will advertise and distribute the bidding documents as well as
subsequent addenda to the potential bidders as part of this phase of the project.
Pre-bid Conference-Carollo will attend 1 pre-bid conference with the City's Purchasing Department and
potential bidders. Carollo will summarize the discussion and decisions reached during the meeting.
Carollo will submit the summary of the discussion to the City for review and acceptance.
Responses to Bidder Questions- Based upon questions received from the potential bidders, Carollo will
prepare responses to and a subsequent addenda. Carollo assumes that the City will review Carollo's draft
responses to bidder questions prior to them being issued to the bidders. Carollo will revise the responses
based upon the City's comments in order to constitute they are acceptable to the City for amendment of the
bid documents. It is presumed that the City will distribute the final addenda package to the potential
bidders.
Evaluation of Bids-Carollo will evaluate the bids received in order to assess if the bidders are responsive
and responsible in the perspective of the Engineer of Record. It is presumed that the City Purchasing
Department will also review the bids in order to determine they meet the City's criteria for necessary bonds,
insurance, M/WBE requirements,etc. Carollo will prepare a tabulation of the bids and prepare a
Recommendation of Award Letter.
Conformed Set Submittal - Based upon the addenda produced, Carollo will conform the construction
documents and develop the Conformed Set.
Deliverables:
1. Responses to Bidder Questions.
2. Recommendation of Award Letter.
3. Conformed Set Submittal -1 signed and sealed hardcopy and PDF copy with drawings in AutoCAD
format.
TASK 6-CONSTRUCTION SUPPORT SERVICES
Carollo will provide construction support services during the construction of the project. It is anticipated that
the work will be constructed over a duration of 6 months. It is presumed that the City Resident Project
Representative(RPR)will observe the construction work, process pay requests,and other associated
services not listed below to be performed by Carollo. It is presumed the City will perform services with
respect to notifying and interacting with the Public regarding the Project. Carollo will provide the following
limited construction administration services.
Preconstruction Conference- Carollo will attend and summarize the Preconstruction Conference.The City
will generate the agenda and moderate the pre-con agenda.
eagle 4 9 of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 5
Construction Progress Meetings-Carollo will attend up to 4 Progress Meetings during construction. It is
anticipated that the City will hold some meetings on a regular basis and others on a monthly basis. Carollo
will assist the City in the preparation of materials for the meeting as directed by the City.The City will
determine the schedule for the progress meetings at the Preconstruction Conference. Carollo will
summarize the progress meetings in coordination with the City's Construction Manager.The City's
Construction Manager will review the meeting summaries prior to them being issued to the General
Contractor.
Shop Drawing Submittals-Carollo will review construction submittals for the Project. Carollo will review
submittals within 15 calendar days from receipt from the General Contractor. Carollo will develop and
maintain a shop drawing log.
Request for Information- Carollo will provide responses to Requests for Information(RFI)from the General
Contractor. Carollo will develop and maintain a log of Requests for Information.
Site Visits-Carollo will attend up to 4 individual site visits during construction.The site visits will follow
construction progress meetings. Carollo will prepare a summary of the site visits in order to document the
observations. Issues with the work will be elevated to the City's Construction Manager for communication to
the General Contractor.
Substantial and Final Completion Site Visits-Carollo will perform one Substantial Completion site visit
and develop a punch list. Following completion of the punch list by the General Contractor, Carollo will
perform one Final Completion site visit.
Record Drawings-Carollo will utilize the General Contractors redline markups in order to develop a set of
Record Drawings. Carollo will prepare a draft Record Drawing submittal to the City. Based upon the City's
review comments, Carollo will prepare and sign and seal the final Record Drawings.
FDEP Request for Approval to Place a Domestic Wastewater Collection/Transmission System into
Operation, Form 62-604.300(8)(b)- Based on the required permits in Task 4, Carollo will complete
FDEP Form 62-604.300(8)(b)to place the new modifications into service. Carollo will document significant
deviations from the permit application and the constructed condition.A draft of the required certifications
will be submitted to the City for review prior to making the submittal to the regulatory agency.
Deliverables:
1. Preconstruction Conference Meeting Summary.
2. Construction Submittal Review Comments.
3. Request for Information Responses.
4. One Substantial Completion Punchlist.
5. Final Record Drawings-1 signed and sealed hardcopy and drawings in AutoCAD format& PDF
format.
6. FDEP Request for Approval to place a Domestic Wastewater Collection/Transmission System into
Operation, Form 62-604.300(8)(b).
eagle 466 of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 6
TASK 7- MEETINGS/PROJECT MANAGEMENT
Project Management- Monthly progress reports,tracking and managing the budget variance based on
actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants.
Progress Meetings- Progress meetings will be held monthly during preliminary and final design to discuss
the progression and direction of the project, milestones that have been achieved,current work efforts,
budget,schedule,and any issues that may arise. Progress meetings during construction are covered under
Task 6.
Monthly Progress Reports- Monthly progress reports will be prepared that discuss the work conducted and
by whom during the month, budget and schedule status,and work to be completed by the next progress
report.
Communications- Project management will include general communication among Carollo and Boynton
staff members for overall facilitation,and to manage delivery of the project on time and within budget while
meeting Boynton's goals.
COMPENSATION
The total compensation shown in the table below is based on the hourly maximum rates established in
Exhibit A to the General Utilities Engineering Master Agreement.
1 Data Gathering $3,062.00 Lump Sum
2 Field Investigation $66,346.00 Lump Sum/Per Item(Sub)
3 Preliminary and Final Design $58,128.00 Lump Sum
4 Permitting $7,822.00 Lump Sum
5 Bidding $7,516.00 Lump Sum
6 Construction Support Services $29,306.00 Hourly
7 Meetings/Project Management $17,332.00 Lump Sum
Total $189,512.00
The billing method shall be as noted above by task. Subconsultant will charge on a per item basis.A detailed
fee breakdown is attached.
The City shall make payments to Carollo for services performed for this task order in accordance with
Section 2 of the Agreement,and in accordance with the following requirements:
• Charges will be invoiced on a monthly basis as a percent complete or hourly rate based on the billing
method.
• Mileage will be charged at the IRS Reimbursement Rate of$0.575/Mile.
• Charges for outside professionals(subconsultants)will be charged at 1.1 times their direct invoice to
Carollo.
• Rates and factors underlined in this section are subject to adjustment on an annual basis.
eagle 46T of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 7
PROJECT SCHEDULE
The City and Carollo upon agreement of the goals,objectives, and scope will develop milestones for each
assignment if necessary.The overall schedule for this work order is estimated for 18 months after notice to
proceed. Engineering design is estimated at a duration of 8 months,followed by bidding and construction.
Note that the bidding and construction period/duration are based on City and Contractor schedules.
PROJECT ASSUMPTIONS
This scope has been developed to address the anticipated project requirements. Because of the nature of
this project,certain assumptions apply to this Scope of Services.To the extent possible,these assumptions
are stated within this document and are reflected in the budget. If the project task requirements are
different from the assumptions presented in this Scope of Services,or if the City desires additional services,
the resultant change in scope will serve as a basis for amending this project assignment or initiating the
development of a new project assignment as agreed to by both the City and Carollo.The following
assumptions and City responsibilities apply to this project:
• The City shall furnish Consultant available studies, reports,and other data pertinent to Consultant's
services; obtain or authorize Consultant to obtain or provide additional reports and data as required,-
furnish
equired;furnish to Consultant services of others required for the performance of Consultant's services
hereunder, and Consultant shall be entitled to use and rely upon all such information and services
provided by City or others in performing Consultant's services under this Work Assignment.
• Carollo has no control over the cost of labor, materials,equipment or services furnished by others,
over water, reclaimed water,and/or wastewater quality and/or quantity,or over the way the City's
plant(s)and/or associated processes are operated and/or maintained. Modeling results,data
projections and estimates are Carollo's professional opinion based on Carollo's experience and
judgment. Carollo does not guarantee that actual water, reclaimed water,and/or wastewater
distribution system operational characteristics will not vary from the modeling results,data
projections and estimates prepared by Carollo. Carollo is not liable to,and does not indemnify,the
City,or any third party relative to inconsistencies between Carollo's hydraulic modeling results,data
projections and estimates and actual water, reclaimed water,and/or wastewater distribution system
operational characteristics realized by the City or any third party in the future,except to the extent
that such inconsistencies are determined to be the result of negligence or errors or omissions on the
part of Carollo.
• In providing opinions of cost,financial analyses,economic feasibility projections,and schedules for
potential projects, Consultant has no control over cost or price of labor and material; unknown or
latent conditions of existing equipment or structures that may affect operation and maintenance
costs;competitive bidding procedures and market conditions;time or quality of performance of
third parties;quality,type, management,or direction of operating personnel;and other economic
and operational factors that may materially affect the ultimate project cost or schedule.Therefore,
Consultant makes no warranty that City's actual project costs,financial aspects,economic
feasibility,or schedules will not vary from Consultant's opinions,analyses, projections, or estimates.
eagle Off of 670
Mr. Milot Emile
City of Boynton Beach
April 8, 2020
Page 8
• The City shall provide access to and facilitate site visits to the facilities as needed and shall attend all
meetings to maintain the progress of the project.
• Note that there is inherent risk during any field investigation effort,especially when locating aged
underground pipelines of unknown condition. All investigation completed by the Consultant team
will be`anon-invasive", but soft digs may expose pipe which is already at risk. The City shall
coordinate with the Consultant during investigation. If any system or piping failures occur during
investigation,the City will be responsible in handling repairs and recovery. The Consultant and its
team will not be liable or responsible for failures which occur during field investigation.
SUBCONSULTANT PARTICIPATION
• Craig A. Smith&Associates will provide subconsultant services for field investigation(Task 2)as follows,
with additional detail attached:
— Survey- provide survey along the proposed pipeline route.
— SUE-provide SUE locates for potential existing utility conflicts.
• Professional Services Industries, Inc. (PSI),and Intertek Company,will provide subconsultant services for
field investigation(Task 2)as follows,with additional detail attached:
— Geotechnical Services- provide geotechnical investigation along the proposed pipeline route.
Please contact us if you have questions or comments.We look forward to working with you on this project.
Sincerely,
CAROLLO ENGINEERS, INC.
Elizabeth Fujikawa, PE, LEED AP
Vice President
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CRAIG A. SMITH & ASSOCIATES
PROPOSED SCOPE OF SERVICES AND PROPOSED FEE
FOR
PROFESSIONAL SURVEYING AND UTILITY LOCATING SERVICES
AT
SILVERWOOD FORCE MAIN
CITY OF BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA
DATED: January 28, 2020
REVISED: January 31, 2020
REVISED: February 27, 2020
REVISED: March 20, 2020
@ A
CRAIG A. SMITH & ASSOCIATES
Engineers-Surveyors-Utility Locators-Grant Specialists
21045 COMMERCIAL TRAIL, BOCA RATON, FL 33486
(561)314-4445 FAX(561)314-4458
EMAIL: BKEENER@CRAIGASMITH.COM
Page 466 of 670
Silverwood Force Main
' Map of Specific Purpose Survey
CAS Proposal No: 20-9999-3949
January 28, 2020
Revised:January 31, 2020
Revised: February 27, 2020
Revised: March 20, 2020
Page 2 of 4
CRAIG A. SMITH &ASSOCIATES
PROPOSED SCOPE OF SERVICES AND PROPOSED FEE
FOR
PROFESSIONAL SURVEYING AND UTILITY LOCATING SERVICES
PROJECT NAME: Silverwood Force Main - Hypoluxo Road
City of Boynton Beach, Palm Beach County, Florida
PROPOSAL NUMBER: 20-9999-P3949
PROJECT DESCRIPTION: Map of Specific Purpose Survey
PROJECT PLANS: N/A
CLIENT: Carollo
Name: Mr. Ricardo G. Borromeo, P.E.
Address: 10117 Princess Palm Avenue, Suite 340
Tampa, Florida 33610
Phone: 813-437-8906
E-Mail rborromeo@carollo.com
GENERAL :
Craig A. Smith and Associates (CAS) propose to accomplish the professional surveying
services for the above project as outlined in this proposal. When the parties have agreed
upon the details of the services to be provided, the fees to be paid for the services, and
sign this proposal, this proposal will become a formal written agreement. CAS proposes
to accomplish the services as follows:
\\cas-f le\Admi n\PROPOSAL-ASSEMBLY\_COMPLETED_PROPOSALS_\Survey\2020\3949-Carol Io-Si Iverwood-Route\Revised-Scope-3-19-20\3949-Carol lo-
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Page 467 of 670
Silverwood Force Main
' Map of Specific Purpose Survey
CAS Proposal No: 20-9999-3949
January 28, 2020
Revised:January 31, 2020
Revised: February 27, 2020
Revised: March 20, 2020
Page 3 of 4
S85 PROVIDE LOCATES — GPR/EM SERVICES
Provide utility location and verification services within the corridor discussed
in Task S 86 below. Using AWPA standards for marking. A subsurface
ground penetrating radar (GPR) unit shall be used in addition to
electromagnetic induction (EM) to perform/verify horizontal locations of
existing utility lines as requested. Lines will be painted on the ground or pin
flags set to show said lines on the surface.
LOCATES $8,100.00
S86 MAP OF SPECIFIC PURPOSE SURVEY
Survey will physically locate all above ground, visible improvements,
including utilities, within the area shown on the sketch attached hereto.
Additionally, surface marks for sub-surface utilities as field marked by CAS
Utility Locates Department per task S85 above will be located and shown.
This information will be included in a Map of Specific Purpose Survey
utilizing a base map produced by the Surveyor. Horizontal data will be based
on the Florida State Plane Coordinate Grid System (1983/2011 adjustment)
and vertical data will be based on North American Vertical Datum of 1988.
Up to 20 vacuum excavation test holes will be located and the utility type,
size, material and depth shown on the survey per information provided by
the utility locators. The information will be added to a base map created for
the project in current software parameters and provided to the Engineering
Consultant as well as said Map of Specific Purpose Survey for submittal to
entities of interest.
SURVEY $27,375.00
S87 UTILITY TEST HOLES (SOFT DIGS)
Utility test holes (soft digs) will be performed and reports provided for each
with utility depth, elevation, size, material and type. The test holes will be
performed based on the direction of the Prime Consultant and limited to 20
test holes per this request.
\\cas-f le\Admi n\PROPOSAL-ASSEMBLY\_COMPLETED_PROPOSALS_\Survey\2020\3949-Carol Io-Si Iverwood-Route\Revised-Scope-3-19-20\3949-Carol lo-
Si Iverwood-FM-REVIdoc
Page 468 of 670
Silverwood Force Main
' Map of Specific Purpose Survey
CAS Proposal No: 20-9999-3949
January 28, 2020
Revised:January 31, 2020
Revised: February 27, 2020
Revised: March 20, 2020
Page 4 of 4
TEST HOLES (10 SOFT SURFACE) $3,950.00
UNIT PRICE = $395.00 PER HOLE
TEST HOLES (10 HARD SURFACE) $5,950.00
UNIT PRICE = $595.00 PER HOLE
FEE TOTAL
The fee for items listed above will be FORTY FIVE THOUSAND THREE HUNDRED
SEVENTY FIVE AND 00/100 DOLLARS ($45,375.00). Any service not specifically
included in the Final Agreement will be considered as an Additional Service. CAS will
accomplish Additional Services upon proper written authorization from the CLIENT. The
fees for Additional Services are at a mutually agreed upon Lump Sum Fee:
If you are in agreement with the above scope of services and the terms, please sign in the
authorization space provided below and return one (1) executed copy of this proposal to
our Boca Raton office so that we can proceed. Should you have any questions or need
additional information, please do not hesitate to call.
AGREED TO AND ACCEPTED BY:
CRAIG A. SMITH &ASSOCIATES
Robert D. Keener, PSM Signature
Vice President
Name of Authorized Representative
Title
Date
\\cas-f le\Admi n\PROPOSAL-ASSEMBLY\_COMPLETED_PROPOSALS_\Survey\2020\3949-Carol to-Si Iverwood-Route\Revised-Scope-3-19-20\3949-Carol lo-
Si Iverwood-FM-REVIdoc
Page 469 of 670
Lntertek Proposal Number:0225-302082
Revised on March 30,2020
Professional Service Industries, Inc.
6500 NW 12th Ave, Suite 116
Ft. Lauderdale, Florida 33309
Carollo Engineers, Inc. Phone: (954) -267-0965
10117 Princess Palm Avenue, Suite 340
Tampa, FL 33610
P 813.437.8906
M 813.394.8914
Attn.: Mr. Ricardo Borromeo, P.E.,
Infrastructure Project Manager
Email: rborromeocarollo.com
Re: Proposal to Provide Geotechnical Exploration Services
Silverwood Force Main Installation
Hypoluxo Rd and Cross Trail
Boynton Beach, FL 33463
Dear Mr. Borromeo:
Professional Service Industries, Inc. (PSI), an Intertek Company, is pleased to submit this proposal to
conduct a geotechnical exploration at the referenced property. Presented herein is a review of furnished
project information, along with our proposed scope of services, schedule and fee information.
PROJECT CONSIDERATIONS
We understand that the project consists of trench excavation and force main installation along Hypoluxo
Rd (3,800 LF) and Cross Trail (750 LF) located at Hypoluxo Rd and Cross Trail, Boynton Beach,FL.
Carollo Engineers, Inc. selected the number of borings, locations and depths.
PROPOSED SCOPE OF SERVICES
Based on our understanding of the project's requirements, review of the provided sketch from Carollo
Engineers, Inc., and our experience on similar projects, PSI proposes to provide the following scope of
services.
• Four Standard Penetration Test (SPT) borings to a depth of approximately 15 feet below existing
grade within the ROW, green area along Cross Trail (see attached boring location sketch).
• Eight Standard Penetration Test (SPT) borings to a depth of approximately 20 feet below existing
grade within the ROW,green area along Hypoluxo Rd (see attached boring location sketch).
Samples of the in-place materials will be recovered with a standard split barrel sample spoon driven with
a 140-pound hammer falling 30 inches (the Standard Penetration Test in accordance with ASTM D1586).
Groundwater levels will be recorded at the time of drilling.
Underground utility clearance will be required prior to commencing the drilling of the borings.
Therefore, PSI will contact"Sunshine One-Call" Service to obtain underground public utility clearance.
www.intertek.com/building BIF
a 470 of 670
Proposal Number:0225-302082
t A J0%oSilverwood Force Main Installation
February 06,2020
Page 2 of 6
Upon completion of our field services, the boreholes will be grouted, and the site cleaned as required.
Boring locations will be estimated in the field from existing features identified on the plans provided and
coordinates obtained with a recreational grade handheld GPS unit. Boring locations obtained with the
proposed methods should be considered approximate.
In the SPT boring locations, PSI will sample nearly continuously for the upper 10 feet, then at 5-foot
intervals thereafter. Groundwater levels will be checked at the time of drilling. As called for by local
regulations, all SPT borings will be filled and sealed upon completion.
If additional services beyond that outlined in this proposal is desired, PSI can provide the needed a full
service on a unit price basis.
LABORATORY TESTS
Representative soil samples obtained during the field exploration program will be transported to our
laboratory in Fort Lauderdale for visual classification and to perform a limited number of engineering
properties tests. The nature and extent of this laboratory testing program will be dependent upon the
subsurface conditions encountered during the field exploration program. We propose a program which
may include testing of select samples to evaluate the soil moisture content, plasticity, grain size, and
organic content.
Specific soil laboratory testing for this project will be determined once we have completed the field
exploration phase of work, as well as the visual logging and classification of the samples obtained.
GEOTECHNICAL DATA REPORT
Upon conclusion of our field exploration and laboratory work, the data will be reviewed by one of our
geotechnical engineers and a report will be prepared.The data report will include the following:
• Description of the site, fieldwork, laboratory work, and general soil conditions encountered.
• SPT boring logs indicating soil description and classification with depth, including N-values.
• Figures including a site plan with approximate boring locations and boring logs.
• A review of field and laboratory test data.
• A discussion on the observed groundwater levels including the estimated normal wet seasonal
high-water table level at the boring locations.
An electronic copy of the report will be sent upon completion of our data report. Up to two paper copies
of the report can be provided upon request.
www.intertek.com/building
Page 471 of 670
Proposal Number:0225-302082
t A J0%oSilverwood Force Main Installation
February 06,2020
Page 3 of 6
SPECIAL CONDITIONS AND/OR ASSUMPTIONS
Several assumptions have been made in developing this estimate and, if not valid, will constitute a
change in scope requiring an adjustment in the project cost and/or schedule. The assumptions are listed
herein.
• Access, right-of-entry, and any other permits or permissions required for site access will be
obtained by the Owner's representatives prior to PSI field crew arrival. Permitting is beyond the
scope of services for this proposal.
• PSI anticipates that the exploration locations are free of overhead and underground
obstructions.
• PSI assumes the site will be readily accessible to our conventional truck-mounted drilling
equipment and all site access will be coordinated by others.
• Our field operations will be performed during daylight hours and will not be restricted to late
start or early stop times or to weekend work.
• The bore holes will be backfilled with soil cuttings or grouted in general accordance with local
water management district requirements.Any remaining cuttings will be spread out on-site.
• PSI assumes that no delays or additional mobilizations will be required due to inaccessible
boring locations or on-site delays caused by others.
• Field permeability testing is not included within the scope of this proposal. Such services are
available for an additional fee upon request.
EXCLUSIONS
Project services proposed herein are conventional in nature and do not include an evaluation of the site
for determining the presence or absence of wetlands or hazardous or toxic materials. Nor do these
services lessen the risk of conditions that can contribute to moisture, mold or other microbial
contaminant amplification in buildings. Please be aware that mold is abundant in nature and is
comprised of a wide variety of microscopic fungi. Due to its nature, the potential for mold cannot be
completely eliminated. These issues may only be addressed under a separate proposal and
authorization.
Florida is underlain by a soluble limestone formation, which can dissolve, resulting in the subsidence of
overlying soils and the formation of sinkholes. An evaluation of a site to estimate the relative potential
for sinkhole development is not currently included in the Scope of Work for this project, but can be
added if desired, at an additional cost.
SCHEDULE AND FEES
Based upon our current schedule, PSI proposes to initiate services after receiving authorization to
proceed. Assuming favorable weather conditions, PSI proposes to deliver the data report within four
weeks after authorization. Preliminary results can be provided shortly after the fieldwork has been
completed.
www.intertek.com/building
Page 472 of 670
Proposal Number:0225-302082
t A J0%oSilverwood Force Main Installation
February 06,2020
Page 4 of 6
SPECIAL INSTRUCTIONS
Prior to initiating field exploration, the Carollo Engineers, Inc. shall provide a detailed site plan including
existing topography and proposed finished grades, if available, and the locations of any existing utilities.
Printed copies as well as electronic versions of the site plan will facilitate the progress of the exploration.
Some damage to the ground surface may result from the drilling operations near the work areas and
along ingress/egress pathways. We will attempt to limit such damage, but no restoration other than
backfilling the soil test borings and cold patching existing pavements where applicable is included.
PSI will contact One Call utility alert services for public utility clearance prior to the start of drilling
activities. It is our experience that this service does not mark on private property or the locations of
privately owned and non-member utilities. PSI will not be held responsible for damage to unmarked
utilities. If required, we can provide the owner with a private utility line locator at an additional cost.
EN TIF\4A TEf) 0)-i`
PSI proposes that the fee for performance of the outlined scope of services be budgeted as total Lump
Sum. Based on the scope of services outlined above, our proposed cost for the project is$9,725.00.
Boring, sampling, and testing requirements are a function of the subsurface conditions encountered.
Should conditions be encountered which require deepening borings or additional exploration, we will
notify you to discuss modifying the outlined scope of services.Additional work beyond the estimated fee
will not be performed without your prior authorization.
A review of final construction documents is not included within the scope of services of this proposal,
such follow-up services are beyond the scope of this proposal and would be invoiced on a unit rate basis
in accordance with our standard Fee Schedule. We will obtain your specific authorization prior to
providing any additional services.
www.intertek.com/building
Page 473 of 670
Proposal Number: 0225-302082
O
Silverwood Force Main Installation
February 06, 2020
Page 5 of 6
AUTHORIZATION
If this proposal is acceptable, please sign in the space provided below to formalize the agreement.
We appreciate the opportunity of submitting this proposal and look forward to working with you on this
project. Please contact us if any questions arise or if we may be of any service in any way.
Sincerely,
PROFESSIONAL SERVICE INDUSTRIES, INC.
Ernesto Ramos, E.I. Jose N. Gomez, PE, D.GE
Branch Manager Chief Engineer
ernesto.ramosa intertek.com iose.n.comez intertek.com
AUTHORIZED BY: INVOICE TO:
Signature: Firm:
Name: Address:
Title:
Date: Attention:
Attachment: Boring Location Sketch,
Fee Breakdown,
General Conditions
ER/JNG/er
www.intertek.com/building
Page 474 of 670
Proposal Number:0225-302082
t A AO%OSilverwood Force Main Installation
February 06,2020
Page 6 of 6
BORING LOCATION SKETCH
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Note: Carollo Engineers, Inc. selected the number of borings, locations and depths.
www.intertek.com/building
Page 475 of 670
Proposal Number:0225-302082
t A AO%OSilverwood Force Main Installation
February 06,2020
Page 6 of 6
GEOTECHNICAL ENGINEERING FEE BREAKDOWN
A A E�ffl
A
Mobilization of Truck Mounted Drilling Rig each 1 $ 300.00 $ 300.00
SPT Borings with NW Casing feet 220 $ 17.50 $ 3,850.00
Grout to Seal Boreholes feet 220 $ 6.25 $ 1,375.00
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Full Gradation With Wash each 12 $ 65.00 $ 780.00
Loss of Ignition Organic Content Tests each 12 $ 30.00 $ 360.00
Moisture Content Tests each 12 $ 10.00 $ 120.00
JUR
Senior Engineer PC hour 3.0 $ 150.00 $ 450.00
Project Manager hour 18.0 $ 90.00 $ 1,620.00
Senior Engineering Technician (Utility
Clearance and Boring Layout) hour 7.0 $ 65.00 $ 455.00
CADD/Computer Technician hour 4.0 $ 70.00 $ 280.00
Secretary hour 3.0 $ 45.00 $ 135.00
k S S�1 ?s '1s y ?}1}Y: » i," �,'4`t,k 16 - lii V• s 1t' fia4'
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www.intertek.com/building
Page 476 of 670
GENERAL CONDITIONS
L PARTIESAND SCOPE OF WORK:Professional Service Industries Inc.("PSI")shall include said company or its particular division,subsidiary or affiliate performing
the work."World'means the specific service to be performed by PSI as set forth in PST's proposal,Client's acceptance thereof and these General Conditions.Additional
work ordered by Client shall also be subject to these General Conditions. "Client"refers to the person or business entity ordering the work to be done by PSI.If Client is
ordering the work on behalf of another,Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work.
Unless otherwise stated in writing,Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and
sufficient for Client's intended purpose.Client shall communicate these General Conditions to each and every third party to whom Client transmits any part ofPSI's work.
PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal,Client's acceptance thereof and these General Conditions.The ordering
of work from PSI,or the reliance on any of PSI's work,shall constitute acceptance of the terms of PSI's proposal and these General Conditions,regardless ofthe terms of
any subsequently issued document.
a. TESTS AND INSPECTIONS:Client shall cause all tests and inspections of the site,materials and work performed by PSI or others to be timely and properly performed
in accordance with the plans,specifications and contract documents and PSI's recommendations.No claims for loss,damage or injury shall be brought against PSI by
Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify,
defend and hold PSI,its officers,employees and agents harmless from any and all claims,suits,losses,costs and expenses,including,but not limited to,court costs and
reasonable attorney's fees in the event that all such tests and inspections are not so performed or PST's recommendations are not so followed.
3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship
requirements. In addition, unless explicitly agreed to in the body of this proposal,this proposal specifically excludes compliance with any state or federal prevailing
wage law or associated requirements,including the Davis BaconAct. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI,
and that all wages and cost estimates contained herein are based solely upon standard,non-prevailing wage rates. Should it later be determined by the Owner or any
applicable agency that in fact prevailing wage applies,then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed
circumstance. Client will reimburse,defend,indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevailing
wage regulations cover the Project,including all costs,fines and attorney's fees.
4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI
is required to delay commencement of the work or if,upon embarking upon its work,PSI is required to stop or interrupt the progress of its work as a result of changes in
the scope of the work requested by Client,to fulfill the requirements of third parties,interruptions in the progress of construction,or other causes beyond the direct
reasonable control of PSI,additional charges will be applicable and payable by Client.
s. ACCESS TO SITE:Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work.PSI shall take reasonable measures and
precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment.
6. CLIENT'S DUTY TO NOTIFY ENGINEER:Client warrants that it has advised PSI of any known or suspected hazardous materials,utility lines and pollutants at any
site at which PSI is to do work,and unless PSI has assumed in writing the responsibility of locating subsurface objects,structures,lines or conduits,Client agrees to
defend,indemnify and save PSI harmless from all claims,suits,losses,costs and expenses,including reasonable attorney's fees as a result of personal injury,death or
property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects,structures,lines or conduits
where the actual or potential presence and location thereof were not revealed to PSI by Client.
7. RESPONSIBILITY:PSI's work shall not include determining,supervising or implementing the means,methods,techniques,sequences or procedures of construction.
PSI shall not be responsible for evaluating,reporting or affecting job conditions concerning health,safety or welfare.PSI's work or failure to perform same shall not in
any way excuse any contractor,subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require
subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance,including any policies required of Client's contractors
or subcontractors,covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work.
s. SAMPLE DISPOSAL:Test specimens will be disposed immediately upon completion of the test.All drilling samples will be disposed sixty(60)days after submission
of PSI's report.
9. PAYMENT:The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The
actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additional
work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule. Client shall be invoiced once each month for work
performed during the preceding period.Client agrees to pay each invoice within thirty(30)days of its receipt.Client further agrees to pay interest on all amounts invoiced
and not paid or objected to for valid cause in writing within said thirty(30)day period at the rate of eighteen(18)percentper annum(or the maximum interestratepermitted
under applicable law),until paid.Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty(30)days,including court costs and reasonable
attorney's fees.PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement,
any provision wherein PSI waives any rights to a mechanics'lien,or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any
third party.These General Conditions are notice,where required,that PSI shall file a lien whenever necessary to collect past due amounts.Failure to make payment within
30 days of invoice shall constitute a release of PSI from any and all claims which Client may have,whether in tort,contract or otherwise,and whether known or unknown
at the time.
f Page 477 of 670
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GENERAL CONDITIONS
1o.ALLOCATION OF RI SK:CLIENT AGREES THAT PS I'S SERVICES WILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES,OFFICERS OR DIRECTORS TO
ANYPERSONAL LIABILITY,AND THAT NOTWITUSTANDINGANY OTHER PROVISION OFTHISAGREEMENT,CLIENTAGREESTHATITSSOLEAND
EXCLUSIVE REMEDY SHALL BE TO DIRECT ORASSERTANY CLAIM,DEMAND,OR SUIT ONLYAGAINST PSI.
SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO
HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY,REPRESENTATION OR CONTRACT,CLIENT,ALL PARTIES
CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON PSI'S WORK AGREE THAT THE
MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI,ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO
$25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO PSI FOR ITS WORK PERFORMED ON THE PROJECT,WHICHEVER AMOUNT
IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE
PROVISIONS SET FORTH IN THIS PARAGRAPH,CLIENT MAY,UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS
OF CLIENT'S ACCEPTANCE HEREOF,INCREASE THE LIMIT OF PSI'S LIABILITY TO$250,000.00 OR THE AMOUNT OF PSI'S FEE PAID
TO PSI FOR ITS WORK ON THE PROJECT,WHICHEVER IS THE GREATER,BY AGREEING TO PAY PSI A SUM EQUIVALENT TO AN
ADDITIONAL AMOUNT OF 5%OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES.THIS CHARGE IS NOT TO BE CONSTRUED
AS BEING A CHARGE FOR INSURANCE OF ANY TYPE, BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY
INVOLVED. IN ANY EVENT, ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THE
AMOUNT AVAILABLE,AND ONLY ONE SUCH AMOUNT WILL APPLY TO ANY PROJECT.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY
DUTY)OR OTHERWISE FOR LOSS OF PROFIT(WHETHER DIRECT OR INDIRECT)OR FOR ANY INDIRECT,CONSEQUENTIAL,PUNITIVE,
OR SPECIAL LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED
SAVINGS(EVEN WHEN ADVISED OF THEIR POSSIBILITY).
NO ACTION OR CLAIM,WHETHER IN TORT,CONTRACT,OR OTHERWISE,MAYBE BROUGHT AGAINST PSI,ARISING FROM OR RELATED TO PSI'S
WORK,MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER,REGARDLESS OF THE DATE OF DISCOVERY OF SUCH
CLAIM.
it.INDEMNITY:Subject to the above limitations,PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims,suits,costs and
expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law.Client shall provide the
same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit,cause of action,claim or counterclaim against PSI,the
Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate,answer and defend it,including reasonable attorney's and
witness fees and court costs to the extent that PSI shall prevail in such suit.
12.TERMINATION:This Agreement may be terminated by either party upon seven days'prior written notice.In the event of termination,PSI shall be compensated by
Client for all services performed up to and including the termination date,including reimbursable expenses.
13.EMPLOYEES/WITNESS FEES:PSI's employees shall not be retained as expert witnesses except by separate,written agreement. Client agrees to pay PSI's legal
expenses,administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of
any work performed under this agreement,Client agrees not to solicit,recruit,or hire any PSI employee or person who has been employed by PSI within the previous
twelve months. In the event Client desires to hire such an individual,Client agrees that it shall seek the written consent of PSI,and shall pay PSI an amount equal to one-
half of the employee's annualized salary,without PSI waiving other remedies it may have.
14.FIDUCIARY:PSI is not afinancial advisor,does not provide financial advice or analysis of any kind,and nothing in our reports can create a fiduciary relationship between
PSI and any other party.
15.RECORDING:Photographs or video recordings of the Client's own project may be taken by and used for the Client's own internal purposes. Photographs or video recordings
may not be used for marketing or publicity,or distributed to a third party or otherwise published without PSI's prior review and consent in writing. Taking photographs of other
Clients'samples,test setups,or facilities,or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited;and the Client
agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend,hold harmless,and indemnify
PSI for any breach of this clause.
16. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in
accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in
Cook County,Illinois,or the Federal Court for the Northern District of Illinois.
17.PROVISIONS SEVERABLE:The parties have entered into this agreement in good faith,and it is the specific intent of the parties that the terms of these General
Conditions be enforced as written.Inthe event any of the provisions of these General Conditions should be found to be unenforceable,it shall be stricken and the remaining
provisions shall be enforceable.
18.ENTIRE AGREEMENT:This agreement constitutes the entire understanding of the parties,and there are no representations,warranties or undertakings made other
than as set forth herein. This agreement may be amended,modified or terminated only in writing,signed by each of the parties hereto.
2 Page 478 of 670
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GENERAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter
referred to as "the CITY", and CAROLLO ENGINEERS, INC., hereinafter referred to as
"the CONSULTANT", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive
Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for
professional consulting services from qualified engineering firms for required City services; and
WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for
the City of Boynton Beach, RFQ No. 046-2821-17(TP; and
WHEREAS, the City Commission designated CONSULTANT as one of several qualified
consulting firms to provide General Consulting services to the CITY; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 -SERVICES
1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task
orders, at the request of the CITY during the term of this Agreement, including the provision
of all labor,materials,equipment and supplies. The specified projects which may be assigned
to CONSULTANT is in conjunction with:
® Scope Category A Water Plant Modifications, Capacity and Operations
Evaluation
Scope Category B Infrastructure Improvements and Evaluations
Scope Category C Ancillary Studies and Services
Scope Category D Transportation Services
Scope Category E Architectural and Landscaping Design Services
1.2 SERVICE AND RESPONSIBILITIES
1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task
Order(s) under such terms as set forth in the Task Order(s). The terms of
the Task Order(s)shall be supplemental to the terms of this Agreement.
1.2.2 The CONSULTANT is responsible for defects in its work and in the work of
its Sub-consultants'work.
The term"Agreement"has the same meaning as the term"contract".
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1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare
preliminary studies and reports, feasibility studies, financial and fiscal
studies, and evaluation of existing facilities, preparation of schematic
layouts and sketches where required; develop construction budgets,
opinions of Probable Construction Cost, and shall consult and confer with
the CITY as may be necessary for the CITY to reach decisions concerning
the subject matter. The CONSULTANT shall attend meetings with the
CITY Commission and CITY staff as may be required, and provide the
CITY with a time schedule which shall include but not be limited to submittal
of all milestones related to the project up to delivery of 100%construction
documents.
1.2.4 During the preliminary services phase,the CONSULTANT shall advise the
CITY, based on CONSULTANT'S professional opinion and the current
project conditions and reasonably foreseeable conditions of the
completeness of existing data and its suitability for the intended purposes
of the project; CONSULTANT to obtain data from other sources; identify
and analyze requirements of governmental authorities having jurisdiction
to approve the design of the project; provide analyses of the CITY'S needs
for surveys; perform site evaluations and comparative studies of
prospective site and solutions; and prepare and furnish a report to the City
setting forth the CONSULTANT'S findings and recommendations.
1.2.4.1 Providing any type of property surveys or related engineering
services needed for the transfer of interests in real property,and
field surveys for design purposes and engineering surveys and
staking to enable Contractor to proceed with their work, and
providing other special field surveys.
1.2.4.2 Preliminary design services to be performed by the
CONSULTANT shall include consultation and advice concerning
the extent and scope of proposed work and preparation of
preliminary design documents consisting of design criteria,
preliminary drawings, and outline specifications as well as
preliminary estimates of probable Construction Costs. This
phase will also include preparation of a preliminary site plan or
schematic drawings when appropriate. Up to six {6} copies of
the preliminary design documents shall be furnished to the CITY,
the exact number needed shall be determined by the CITY.
1.2.4.3 CONSULTANT shall provide environmental assessment and
impact statements as required to determine the suitability of the
site and its surrounds for the proposed project;and/or
1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide
advice and assistance relating to operation and maintenance of
project or other systems; evaluate and report on operations;
assist the CITY in matters relating to regulatory agency
operations review or operating permit non-compliance; assist
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.._..................
with startup and operator training for newly installed or modified
equipment and processes, and in the preparation of operating,
maintenance and staffing manuals for the project.
1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY
in the following manner:specifying the extent and scope of the work to be
performed; prepare detailed construction drawings and specifications;
revise and update, where necessary, previously designed construction
plans and specifications, whether in whole or in part, to be incorporated
into the proposed work and prepare construction documents and final
estimate of probable Construction Cost. The final design services shall be
provided in an electronic format, and shall also include furnishing up to six
(6) copies of plans and specifications to the CITY; the exact number
needed shall be determined by the CITY.
1.2.6 Final design services shall also include preparation of permit applications
as may be required by such agencies as have legal review authority over
the project. These applications shall include but not be limited to site plan
approvals or other permits and work efforts and shall also consist of
meetings at staff level and meetings with the appropriate governing body
and the CITY. Unless specifically provided for under the final design
phase, permit application services do not include applications requiring
environmental impact statements or environmental assessments,
consumptive use permits and landfill permits.
1.2.6.1 The CONSULTANT based upon the approved design documents
and any adjustments authorized by the CITY in each project,
project schedule or construction budget shall prepare for
approval by the CITY,design development documents consisting
of drawings and other documents to fix and describe the size and
character of each project's civil engineering, environmental,
landscape, architectural, structural, mechanical, and electrical
systems and any other requirements or systems, materials and
such other elements as may be appropriate for a complete
project. The CONSULTANT shall also advise the CITY of any
adjustments to the preliminary estimate of probable Construction
Costs.
1.2.6.2 The CONSULTANT based on CITY approved design
development documents and any further adjustments in the
scope or quality of the project or in the construction budget shall
prepare Construction Documents within the number of calendar
days specified within any notice issued by the CITY. The
Construction Documents shall consist of drawings and
specifications setting forth in detail the requirements for the
construction of the project.
1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of
the necessary proposal information and forms.
1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to
previous estimates of probable Construction Costs indicated by
changes in codes, administrative and jurisdictional requirements
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of general market conditions.
1.2.6.5 The CONSULTANT shall submit to the CITY for each project,
electronic format and up to six (6) copies of the Construction
Documents, and a further revised estimate of total probable
Construction Cost.
1.2.6.6 CONSULTANT shall include in the Construction Documents a
requirement that the construction contractor shall provide a final
as-built survey of the project in Autocad electronic format by a
registered Land Surveyor, and provide marked up construction
drawings to the CONSULTANT so that the CONSULTANT can
prepare and deliver to the CITY the record drawings in the form
required by the CITY and as required.
1.2.6.7 Prior to final approval of the Construction Documents by the
CITY, the CONSULTANT shall conduct a thorough review and
quality control evaluation of the entire work product for
compliance with requirements of any local, state, or federal
agency from which a permit or other approval is required. The
CONSULTANT shall make sure that all necessary approvals
have taken place.
1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct
a thorough quality control review and assessment of the work
product to determine whether the work is properly coordinated
and confirm that the CITY and agency comments have been
addressed and incorporated into the Contract Documents. The
CONSULTANT shall provide to the CITY a Quality Assurance
and Quality Control plan in a format that advises the CITY that all
work has been performed as required. A report shall be
submitted in accordance with those standards to apprise the
CITY that due care has been taken in the preparation of the
Contract Documents.
1.2.6.9 The CONSULTANT shall signify responsibility for the Contract
Documents including technical specifications and drawings
prepared pursuant to this Agreement by affixing a signature,date
and seal as required by Florida Statutes Chapters 471 and 481,
if applicable. The CONSULTANT shall comply with all of its
governing laws, rules, regulations, codes, directives and other
applicable federal, state and local requirements in preparation of
the work.
1.2.7 The CONSULTANT shall provide the construction documents, technical
specifications and drawings completed in accordance with generally
accepted professional practices and principles and in a manner consistent
with the level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions.
1.2.8 The CONSULTANT following the CITY'S approval of the Construction
Documents and the latest estimate of probable Construction Cost shall
when so directed and authorized by the CITY,assist the CITY in obtaining
proposals or negotiated proposals, and assist in preparing contracts for
construction.
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1.2.8.1 The CONSULTANT shall review and analyze the proposals
received by the CITY and shall make a recommendation for any
award based on the CITY'S Procurement Administrative Policy
Manual
1.2.8.2 Any Opinion of the Construction Cost prepared by
CONSULTANT represents its judgment as a design professional
and is supplied for the general guidance of the CITY. Since
CONSULTANT has no control over market conditions,
CONSULTANT does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to the
CITY. If the project is not advertised for proposals within three(3)
months after delivery of Final Design Plans, through no fault of
the CONSULTANT or if either local market conditions or industry-
wide prices have changed because of unusual or unanticipated
events effecting the general level of prices or times of delivery in
the construction industry,the established Construction Cost limit
may be adjusted as determined by the CITY'S Representative
and as approved by the CITY, if necessary. Additionally, if the
CITY expands a project scope of work after the CONSULTANT
renders the Final estimated probable Construction Cost of the
Final Design Plans,the CONSULTANT shall not be responsible
for any redesign without compensation which shall be mutually
agreed to by the parties hereto.
1.2.8.3 The CONSULTANT shall provide the CITY with a list of
recommended prospective bidders.
1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid
conferences.
1.2.8.5 The CONSULTANT shall recommend any addenda,through the
CITY'S representative as appropriate, to clarify, correct, or
change proposal documents.
1.2.8.6 If Pre-Qualification of bidders is required as set forth in the
Request for Proposals or Invitation to Bid(two-step bid process),
CONSULTANT shall assist the CITY, if requested in developing
qualifications criteria, review qualifications and recommend
acceptance or rejection of the bidders.
1.2.8.7 If requested, CONSULTANT shall evaluate proposals and
bidders,and make recommendations regarding any award by the
CITY.
1.2.9 The CITY shall make decision on all claims regarding interpretation of the
Construction Documents,and on all other matters relating to the execution
and progress of the Work after receiving a recommendation from the
CONSULTANT. The CONSULTANT shall check schedules, shop
drawings and other submissions for the limited purpose of checking
conformance with the concept of the project, and for compliance with the
information given by the Construction Documents. The CONSULTANT
shall also review change orders prepared and submitted by Contractor and
review and make recommendations to the City for progress payments to
the Contractor based on each project schedule of values and the
percentage of work completed. The CONSULTANT will neither have
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control over or charge of, nor be responsible for, the construction means,
methods, techniques, sequences, or procedures, or for the safety
precautions and programs in connection with the construction of the
assigned task order projects.
1.2.9.1 The CITY shall maintain a record of all change orders which shall
be categorized to the various types, causes, etc. that may be
determined useful and necessary for its purpose.
1.2.9.2 If the CONSULTANT is not the Construction Manager for the
construction, the CITY shall notify the CONSULTANT within
three (3) days of the discovery of any architectural/engineering
error or omission so that the CONSULTANT can be part of the
negotiations resolving the claim between the CITY and the
Contractor.
1.2.10 The CONSULTANT shall carefully review and examine the Contractor's
schedule of values, together with any supporting documentation. The
purpose of such review and examination will be to protect the CITY from
an unbalanced schedule of values which allocates greater value to certain
elements of each project than is indicated by industry standards,supporting
documentation, or data. If the schedule of values is not found to be
appropriate, it shall be returned to the Contractor for revision for supporting
documentation. After making such examination, when the schedule of
values is found to be appropriate, the CONSULTANT shall sign the
schedule of values indicated informed belief that the schedule of values
constitute a reasonable, balanced basis for payment of the Application for
Payment to the Contractor.
1.2.11 The CONSULTANT shall perform on-site construction observation of each
project based on the Construction Documents in accordance with
paragraph 1.2.16 "Resident Project Services" of this Agreement. The
CONSULTANT'S observation shall determine the progress of the work
completed,and whether the work is proceeding in a manner indicating that
the work when fully competed will be in accordance with the Construction
Documents. On the basis of site visits,the CONSULTANT will provide the
CITY with a written report of each site visit in order to reasonably inform
the CITY of the progress of the portion of the Work completed. The
CONSULTANT shall endeavor to identify for the CITY any defects and
deficiencies in the work of contractors,and make written recommendation
to the CITY where the work fails to conform to the Construction Documents.
The CONSULTANT shall not have control over or charge of, or
responsibility for the construction means,methods,techniques,sequences
or procedures. or for safety precautions and programs in connection with
the Work, nor shall the CONSULTANT be responsible for the Contractor's
failure to perform the Work in accordance with the requirements of the
Contract Documents. The CONSULTANT shall not have control over or
charge of, and shall not be responsible for, acts or omissions of the
Contractor or of any other persons or entities performing portions of the
Work. Based on such observation and the Contractor's Application for
Payment, the CONSULTANT shall determine the amount due to the
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Contractor and shall issue Certificates for Payment in such amount. These
Certificates will constitute a representation to the CITY based on such
observations and the data comprising the Application for Payment that the
work has progressed to the point indicated. By issuing a Certificate of
Payment,the CONSULTANT will also represent to the CITY that to the best
of its information and belief, based on what its observation have revealed;
the Work is in accordance with the Construction Documents. The
CONSULTANT shall conduct observations to determine the dates of
substantial and final completion and issue a recommendation for final
payment.
1.2.12 The CONSULTANT shall revise the Construction drawings and submit
record or corrected drawings to the CITY to show those changes made
during the construction process based on the marked up prints, drawings
and other data furnished by the Contractor. The record drawings shall be
provided in electronic format inclusive of conformed PDF files and AutoCad
files in a form compatible with the CITY'S version of AutoCad formats for
archival purposes.
1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on
site bi-monthly or as otherwise determined based on a specific need
established prior to construction by the CITY.
1.2.14 The CONSULTANT shall review change orders prepared and submitted by
the Contractor for the CITY'S approval. CONSULTANT shall not authorize
any changes in the work or time, no matter how minor without prior written
approval by the CITY.
1.2.15 Each project's construction or demolition shall be considered complete
upon compilation of a punchlist by CONSULTANT, which shall be timely
completed by Contractor to the satisfaction of the CITY,written notification
to Contractor by CONSULTANT that all releases of liens are satisfied and
written recommendation by CONSULTANT for final payment to the
Contractor which shall be at the sole discretion of the CITY.
1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of
any work, the CONSULTANT will if authorized by the CITY, provide
resident project observation services to be performed by one or more
authorized employees ("Resident Project Representative") of the
CONSULTANT. Resident Project Representatives shall provide extensive
observation services at the project site during construction. The Resident
Project Representative will endeavor to identify for the CITY any defects
and deficiencies in the work of the Contractor(s). Resident project
observation services shall include but is not limited to the following:
Conducting all pre-construction conferences;
Conducting all necessary construction progress meetings;
❖ Observation of the work in progress to the extent authorized by the
CITY;
Receipt, review coordination and disbursement of shop drawings and
other submittals;
Maintenance and preparation of progress reports;
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Field observation and verification of quantities of equipment and
materials installed;
Verification of contractors'and subcontractors'payrolls and records for
compliance with applicable contract requirements;
*o Maintenance at each project site on a current basis of all drawings,
specifications, contracts, samples, permits, and other project related
documents, and at the completion of each project, deliver all such
records to the CITY;
Preparation, update and distribution of a project budget with each
project schedule;
Notification to the CITY immediately if it appears that either each project
schedule or each project budget will not be met;
Scheduling and conducting monthly progress meetings at which CITY,
Engineer,general contractor,trade contractor, utilities representatives,
suppliers can jointly discuss such matters as procedures, progress,
problems and scheduling.
:• Recommending courses of action,and enforcing action selected by the
CITY, if so directed by the CITY, if the general and/or trade contractors
are not meeting the requirements of the plans, specifications, and
Construction Contract;
Development and implementation of a system for the preparation,
review, and processing of change orders;
❖ Maintenance of a daily log of each project;
Recording the progress of each project, and submission of written
monthly progress reports to the CITY including information on the
Contractors'work and the percentage of completion;
:• Determination of substantial and final completion of work and
preparation of a list of incomplete and unsatisfactory items, and a
schedule of their completion; and
Securing and transmitting to the CITY, required guarantees; affidavits;
releases; key manuals; record drawings;and maintenance stocks;
The Resident Project Representative shall also investigate and report on
complaints and unusual occurrences that may affect the responsibility of
the CONSULTANT or the CITY in connection with the work. The Resident
Project Representative shall be a person acceptable to the CITY, and the
CITY shall have the right to employ personnel to observe the work in
progress, provided however that such personnel as employed by the CITY,
and such personnel will be responsible directly to the CITY in the
performance of work that would otherwise be assumed and performed by
the CONSULTANT. The Resident Project Representative shall not have
control over or charge of, or responsibility for the construction means,
methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, nor shall the Resident Project
Representative be responsible for the Contractor's failure to perform the
Work in accordance with the requirements of the Contract Documents. The
Resident Project Representative shall not have control over or charge of,
and shall not be responsible for, acts or omissions of the Contractor or of
any other persons or entities performing portions of the Work.
Although CONSULTANT shall not be responsible for health or safety
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programs or precautions related to CITY"s activities or those of CITY's
other contractors and consultants or their respective subcontractors and
vendors ("Contractors"), CONSULTANT shall nonetheless report to the
Resident Project Representative health and safety conditions or
deficiencies observed by CONSULTANT'S employees or representatives.
CONSULTANT shall not be responsible for CITY's pre-existing site
conditions or the aggravation of those preexisting site conditions to the
extent not caused by the negligence or willful misconduct of
CONSULTANT. CONSULTANT shall not be responsible for inspecting,
observing,or correcting health or safety conditions or deficiencies of CITY,
Contractors or others at project site ("Project Site") other than for
CONSULTANT's employees, subconsultants and vendors.
1.3 ADDITIONAL SERVICES
1.3.1 When additional services are necessary they shall be specified in the
written Task Order. Examples of additional(not exclusive)services are:
Preparation of applications and supporting documents for private or
governmental grants, loans or advances in connection with any
particular project.
Services to make measured drawings of or to investigate existing
conditions or facilities, or to verify the accuracy of drawings or other
information furnished by or to the CITY.
Services resulting from significant changes in the general scope,extent
or character of any particular project or its design including but not
limited to, changes in size,complexity,the CITY'S schedule,character
of construction or method of financing, and revising previously
accepted studies, reports, design documents or Construction Contract
Documents when such revisions are required by changes to laws,
rules, regulations, ordinances, codes or orders enacted subsequent to
the preparation of such studies, reports or documents, or are due to
any other causes beyond the CONSULTANT'S control.
:• Providing renderings or models for the CITY'S use.
❖ Preparing documents for alternate Proposals requested by the CITY for
work that is not executed for documents for out-of-sequence work.
❖ Investigations and studies involving but not limited to, detailed
considerations of operations, maintenance and overhead expenses;
providing value engineering during the course of design; the
preparation of feasibility studies; cash flow and economic evaluations,
rate schedules and appraisals; assistance in obtaining financing for a
project; evaluating processes available for licensing and assisting the
CITY in obtaining process licensing; detailed quantity surveys of
material, equipment and labor, and audits or inventories required in
connection with construction performed by the CITY.
❖ Assistance in connection with Proposal/proposal protests,re-bidding or
re-negotiating contracts for construction, materials, equipment or
services,unless the need for such assistance is reasonably determined
by the CITY to be caused by the CONSULTANT(e.g. defective plans
and/or specifications which inhibit contractors from submitting
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proposals) in which event there shall be no additional cost for the
provision of such services.
Preparing to serve or serving as a CONSULTANT or witness for the
CITY in any litigation, arbitration or other legal or administrative
proceeding.
Additional services in connection with a project not otherwise provided
in this Agreement.
Services in connection with a project not otherwise provided for in this
Agreement.
Services in connection with a field order or change order requested by
the CITY.
:• Providing artwork, models, or renderings as requested by the CITY.
1.3.2 When required by the Construction Contract documents in circumstances
beyond the CONSULTANT'S control, and upon the CITY'S authorization,
it will furnish the following additional services.
Services in connection with work changes necessitated by unforeseen
conditions encountered during construction.
Services after the award of each contract in evaluating and determining
the acceptability of an unreasonable or excessive number of claims
submitted by Contractor, except to the extent such claims are caused
by the errors or omissions of the CONSULTANT.
Additional or extended services during construction made necessary by
1) work damaged by fire or other cause during construction, 2) a
significant amount of defective or negligent work of any contractor, 3)
acceleration of the progress schedule involving services beyond normal
working hours, or 4) default by any contractor; provided however, if a
fire occurs as a direct result of errors or omissions in the design by the
CONSULTANT or if the CONSULTANT fails to notify the Contractor of
the deficient quality of their workmanship pursuant to CONSULTANT'S
duties as described in the Contract Documents, the CONSULTANT'S
additional services shall be deemed part of Basic Services and
compensated as such.
❖ Services in connection with any partial utilization of any part of a project
by the CITY prior to Substantial Completion.
❖ Services to evaluate the propriety of substitutions or design alternates
proposed by the Contractor and involving methods of construction,
materials, or major project components either during bidding and/or
Negotiation services or Construction Contract award. The cost of such
services shall be borne by the Contractor,and this requirement shall be
included in the construction contract.
Services in making revisions to drawings and specifications occasioned
by the acceptance of substitutions proposed by the Contractor, unless
such substitutions are due to a design error by the CONSULTANT in
which case such services shall be deemed Basic Services. Except
when caused by a design error by the CONSULTANT,the cost of such
services shall be borne by the Contractor,and this requirement shall be
included in the construction contract.
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1.4 CITY'S RESPONSIBILITIES
1.4.1 The CITY shall do the following in a timely manner so as not to delay the
services of the CONSULTANT:
1.4.1.1 Designate in writing a person or persons to act as the CITY'S
representative with respect to the services to be rendered under
this Agreement. Such person(s)shall have complete authority to
transmit instructions and receive information with respect to the
CONSULTANT'S services for a particular project.The CITY may
have multiple CITY Representative(s)or project managers during
the performance of this AGREEMENT based on the specific task
orders/written task orders from each of the Scope Categories.
1.4.1.2 Provide all criteria and full information as to the CITY'S
requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements,
flexibility and expandability,and any budgetary limitations.
1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S
request all available information pertinent to the Project including
previous reports and any other data relative to design or
construction of the project.
1.4.1.4 Furnish to the CONSULTANT, if required for the performance of
CONSULTANT'S services (except where otherwise furnished by
the CONSULTANT as Additional Services),the following:
1.4.1.5 Data prepared by, or services of others, including without
limitations borings, probings and subsurface explorations,
hydrographic surveys, laboratory tests and inspection of
samples, materials and equipment;
1.4.1.6 Appropriate professional interpretations of all of the foregoing;
1.4.1.7 Environmental assessment and impact statements;
1.4.1.8 Property, boundary, easement, right-of-way, topographic and
utility surveys;
1.4.1.9 Property descriptions;
1.4.1.10 Zoning,deed and other land use restrictions;
1.4.1.11 Approval and permits required in the CITY'S jurisdiction and
those from outside agencies unless such approvals and permits
are the responsibility of the CONSULTANT;and
1.4.1.12 Arrange for access to make all provisions for the CONSULTANT
to enter upon the CITY'S property as required for the
CONSULTANT to perform services under this Agreement.
1.4.1.13 Consistent with the professional standard of care and unless
otherwise specifically provided herein, CONSULTANT shall be
entitled to rely upon the accuracy of data and information
provided by the CITY or others without independent review or
evaluation.
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1.5 SEQUENCE OF EVENTS
1.5.1 Following receipt of any task order/written task order, the CONSULTANT
shall submit to the CITY, at least five (5) days prior to actual
commencement of services, a schedule of services and expenses for
approval by the CITY before any services commence. The CITY reserves
the right to make changes to the sequence as necessary to facilitate the
services or to minimize any conflict with operations.
1.5.2 Task orders will be issued to the CONSULTANT in the order in which the
CITY wishes, and shall be performed and completed in the order they are
issued, unless otherwise specifically permitted by the CITY. Minor
adjustments to the timetable for completion approved by the CITY in
advance, in writing, shall not constitute non-performance by
CONSULTANT pursuant to this Agreement.
1.5.3 Proposals received by CONSULTANT as a result of task order/written task
order that exceeds $25,000 in cost will require approval from CITY
Commission before execution of services in accordance with the CITY'S
Procurement Administrative Policy.
1.5.4 When the CITY issues task orders to the CONSULTANT, each
authorization shall contain a stated completion schedule. If caused by the
negligent errors or omissions of CONS ULTANT,faiIure of the
CONSULTANT to meet the stated schedule shall constitute a default for
which payment for services may be withheld until default is cured. Time
extensions will be reviewed upon request for extenuating circumstances.
1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to
begin new task orders on a"rolling" basis, as some already assigned task
orders near timely completion. If a subsequent Task Order is issued to the
CONSULTANT before it has completed the current task order, the
completion date for each Task Order will remain independent of each other
so that the CONSULTANT will prioritize the uncompleted Task Order from
the first Task Order and finish as soon as practical. Failure to complete
the "older" task orders in a timely manner, may adversely impact upon
continued early authorization to start a subsequent work.
1.5.6 When the CONSULTANT has exceeded the stated completion date
including any extension for extenuating circumstances which may have
been granted, a written notice of Default will be issued within seven (7)
days of the date that the default became active with a requirement of seven
(7) days to cure said default, to the CONSULTANT and payment for
services rendered shall be withheld until such time that the CITY has
determined that default has been cured.
1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY
reserves the right not to issue to the CONSULTANT any further task orders
until such time as it is no longer in default, and the CONSULTANT has
demonstrated to the CITY'S satisfaction,the reasons for tardy completion
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have been addressed and are not likely to be repeated in subsequent task
orders. This restricted issuance provision may result in the CONSULTANT
not being issued all of the planned work the CITY anticipated in this
Agreement. The CONSULTANT shall have no right to the balance of any
work,or to any compensation associated with these non-issued task orders
due to the CONSULTANT being rendered in default.
1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15)
consecutive calendar days beyond the time frame provided in Paragraph
1.5.6 the CITY may at its sole option retain another CONSULTANT to
perform any work arising out of this Agreement and/or terminate this
Agreement.
1.6 DEFINITION OF DEFAULT
1.6.1. An event of default shall mean a material breach of this Agreement .
Without limiting the generality of the foregoing and in addition to those
instances referred to as a material breach,an event of default shall include
the following:
4- CONSULTANT has not performed services on a timely basis due to
CONSULTANT'S negligent errors or omissions;
CONSULTANT has refused or failed to supply enough properly skilled
personnel;
❖ CONSULTANT has failed to make prompt payments to SUB-
CONSULTANTS or suppliers for any services after receiving payment
from the CITY for such services or supplies;
CONSULTANT has failed to obtain the approval of the CITY where
required by this Agreement;
s CONSULTANT has refused or failed to provide the services as defined
in this Agreement;
CONSULTANT has filed bankruptcy or any other such insolvency
proceeding and the same is not discharged within ninety (90) days of
such date.
•3 CITY has failed to make payments to CONSULTANT in
accordance with the requirements of this Agreement
1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages
resulting from the Default including:
The difference between the amount that has been paid to the
CONSULTANT and the amount required to complete the
CONSULTANT'S work, provided the fees by the firm replacing the
CONSULTANT are reasonable and the hourly rates do not exceed the
CONSULTANT'S rates. This amount shall also include procurement
and administrative costs incurred by the CITY.
❖ In the event of default by the City, CONSULTANT may suspend the
Work pending receipt of such payment.
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1.6.3. The CITY may take advantage of each and every remedy specifically
existing at law or in equity. Each and every remedy shall be in addition to
every other remedy given or otherwise existing,and may be exercised from
time to time and as often and in such order as may be deemed expedient
by the CITY. The exercise or the beginning of the exercise of one remedy
shall not be deemed to be a waiver of the right to exercise any other
remedy. The CITY'S rights and remedies as set forth in this Agreement
are not exclusive and are in addition to any other rights and remedies
available to the CITY in law or in equity.
ARTICLE 2-TERM
2.1 The initial Contract period shall be for an initial two(2)years, commencing at the
execution of the contract, and the City reserves the right to unilaterally renew the
contract for three (3) additional one (1) year periods under the same terms,
conditions.The CONSULTANT understands and acknowledges that the Services
to be performed during the two(2)year term will be governed by this Agreement,
and that there is no guarantee of future work being given to the CONSULTANT.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY'S discretion), the CONSULTANT shall
continue the services, if requested by the CITY, or until task or tasks is/are
completed.At no time shall this transitional period extend more than one-hundred
and eighty(180)calendar days beyond the expiration date of the existing contract.
The CONSULTANT will be reimbursed for this service at the rate in effect when
this transitional period clause was invoked by the CITY.
ARTICLE 3-TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the giving of written notice by the
CITY to the CONSULTANT by way of an executed task order and resultant task
order. CONSULTANT shall perform all services and provide all work product
required pursuant to this Contract and the specific task order by the Sequence of
Events, or unless an extension of time is granted in writing by the CITY.
ARTICLE 4-PAYMENT
4.1 The CONSULTANT shall be paid by the CITY for completed work and for services
rendered under this agreement as follows:
Payment for the work provided by CONSULTANT shall be made in
accordance with the Fee Schedule as provided in Exhibit"A" attached
hereto.
❖ Payment as provided in this Section shall be full compensation for work
performed,services rendered and for all materials,supplies,equipment
and incidentals necessary to complete the work.
Compensation for sub-CONSULTANTS will be negotiated based on
each task order. Compensation will be through a direct mark-up in
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accordance with the Schedule of Professional Fees attached hereto.
Sub-consulting services shall be approved by the CITY'S
representative prior to performance of the sub-consulting work.
Consulting time for processing and management of the sub-
CONSULTANT shall not be included in direct costs as the direct mark-
up is applied for management efforts.
The CONSULTANT may submit vouchers to the CITY once per month
during the progress of the Work for partial payment for project
completed to date. Such vouchers will be verified by the CITY, and
upon approval thereof, payment will be made to the CONSULTANT in
the amount approved.
4 In certain cases where incremental billing for partially completed Work
is permitted by the CITY'S representative,the total incremental billings
shall not exceed the percentage of estimated completion of identifiable
deliverables or accepted deliverables as of the billing date.
❖ Computation of Time Charges/Not-to-Exceed Method of Payment:
When a service is to be compensated based on time charge/not-to-
exceed method, the CONSULTANT shall submit a not-to-exceed
proposal to the CITY'S representative for prior approval based on
estimated labor hours and hourly rates which shall not exceed the
established hourly rates as per the Schedule of Professional Fees
attached hereto, plus sub-CONSULTANT services and other related
costs supporting the proposed work. The CITY shall not be obligated
to reimburse the CONSULTANT for costs incurred in excess of the total
not-to-exceed cost amount.
❖ Final payment of any balance due the CONSULTANT of the total
contract price earned will be made promptly upon its ascertainment and
verification by the CITY after the completion of the Work under this
Agreement and its acceptance by the CITY,which shall occur no later
than 30 days following receipt of the invoice.
Final Invoice: In order for both parties herein to close their books and
records, the CONSULTANT will clearly state "final invoice" on the
CONSULTANT'S final/last billing to the CITY. The final invoice certifies
that all services have been properly performed and all charges and
costs have been invoiced to the CITY. Since this account will
thereupon be closed, and any other further charges if not properly
included on this invoice are considered waived by the CONSULTANT.
The cost of all services as stated herein shall remain fixed and firm for
the initial two (2) year period of the contract. Costs for subsequent
years and any extension terms shall be subject to an adjustment only if
increases incur in the industry. However, unless very unusual and
significant changes have occurred in the industry, such increases shall
not exceed 5% per year, or whichever is less, the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U)
(National) as published by the Bureau of Labor Statistics, U.S.
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Department Labor. The yearly increase, or decrease in the CPI shall
be the latest index published and available ninety(90)days prior to the
end of the contract year then in effect, compared to the index for the
same month one (1) year prior. Any requested cost increase shall be
fully documented and submitted to the CITY at least sixty (60) days
prior to the contract anniversary date. Any approved cost adjustments
shall become effective upon the anniversary date of the contract. In
the event the CPI or industry costs decline, the CITY shall have the
right to receive from the CONSULTANT, a reasonable reduction in
costs that reflect such changes in the industry.
The CITY may after examination, refuse to accept the adjusted costs if
they are not properly documented, increases are considered to be
excessive,or decreases are considered to be insufficient. In the event
the CITY does not wish to accept the adjusted costs and the matter
cannot be resolved to the satisfaction of the CITY,the Contract may be
cancelled by the CITY upon giving thirty (30) calendar days written
notice to the CONSULTANT
ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all
documents, drawings, specifications and other materials produced by the
CONSULTANT in connection with the services rendered under this Contract the
documents shall be the property of the CITY whether the Project for which they
are made is executed or not. Notwithstanding the foregoing, the CONSULTANT
shall maintain the rights to reuse standard details and other design features on
other projects. The CONSULTANT shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and
use in connection with CONSULTANT'S endeavors. Any use of the documents
for purposes other than as originally intended by this Contract,without the written
consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to
CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6-FUNDING
6.1 This Contract shall remain in full force and effect only as long as the expenditures
provided in the Contract have been appropriated by the City Commission of
Boynton Beach in the annual budget for each fiscal year of this Contract, and is
subject to termination based on lack of funding.
ARTICLE 7-WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage
in the scope of services contemplated under this Contract and that it will retain and
assign qualified professionals to all assigned projects during the term of this
Contract. CONSULTANT'S services shall meet a standard of care for professional
engineering and related services equal to the standard of care for engineering
professional practicing under similar conditions. In submitting its response to the
RFQ, CONSULTANT has represented to CITY that certain individuals employed
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by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY
has relied upon such representations. Therefore,CONSULTANT shall not change
the designated Project Manager for any project without the advance written
approval of the CITY,which consent shall not be unreasonably withheld.
ARTICLE 8-COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this service
Contract, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under
this Contract,shall review and comply with laws, regulations,codes and standards
in effect as of the date of this agreement that are applicable to CONSULTANT'S
services and shall exercise professional care and judgment to comply with
requirements imposed by governmental authorities having jurisdiction over the
project. Should changes in any law, ordinance, or regulation result in increased
costs or delays to services rendered, both parties agree to an equitable adjustment
to schedules and prices.
ARTICLE 9-INDEMNIFICATION
9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall
indemnify, and hold harmless the CITY, its offices, agents and employees, from
and against any and all losses, or any portion thereof, including reasonable
attorneys'fees and costs,arising from injury or death to persons,including injuries,
sickness, disease or death to CONSULTANT'S own employees, or damage to
property to the extent caused by negligence, recklessness, or intentionally
wrongful conduct of CONSULTANT or other persons employed or utilized by
CONSULTANT in performance of CONSULTANT'S duties. Neither party to this
Contract shall be liable for any special, incidental, indirect or consequential
damages of any kind, including but not limited to lost profits or use that my result
from this Contract or out of the services or goods furnished hereunder.
9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes,
CONSULTANT's indemnification obligation (when providing services to CITY)
shall not exceed the value of CONSULTANT's total compensation. Such
obligation shall not be construed to negate, abridge or otherwise reduce other
rights or obligations of indemnity which would otherwise exist as to a party or
person described in this Article.
PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN
PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF
CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR
DAMAGES RESULTING FROM THE NEGLIGENCE
OCCURRING WITHIN THE COURSE AND SCOPE OF THIS
PROFESSIONAL SERVICES AGREEMENT
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ARTICLE 10-INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall
maintain the following insurance policies, and provide certificates of insurance
evidencing such coverages and limits, and shall be written by an insurance
company authorized to do business in Florida.
10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance
covering all employees with limits meeting all applicable state and federal
laws. CONSULTANT shall include the Worker's Compensation and
Employer's Liability Insurance requirements in its subcontracts. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub-
CONSULTANT that does not have their own Worker's Compensation and
Employer's Liability Insurance, unless not required by statute. The policy
must contain a waiver of subrogation in favor of the CITY of Boynton Beach,
executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and
maintain for the life of this Contract, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis. Coverage
shall include Premises and Operations;Independent Contractors,Products
Completed Operations and Contractual Liability with specific reference of
Article 9, "Indemnification" of this Contract. This policy shall provide
coverage for death, personal injury or property damage that could arise
directly or indirectly from CONSULTANT'S negligent performance of this
Agreement. CONTRACTOR shall maintain a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury/
and $1,000.000 per occurrencelaggregate for property damage. The
general liability insurance shall include the CITY as an additional insured
and shall include a provision prohibiting cancellation of the policy upon
thirty(30)days prior written notice to the CITY,except for cancellation due
to non-payment of premium.
10.1.3 Business Automobile Liability: The CONSULTANT shall procure and
maintain, for the life of this Contract, Business Automobile Liability
Insurance. The CONSULTANT shall maintain a $1,000,000 combined
single limit for bodily injury and property damage liability to protect the
CONSULTANT from claims for damage for bodily and personal injury,
including death, as well as from claims for property damage, which may
arise from the ownership, use of maintenance of owned and non-owned
automobile, included rented automobiles, whether such operations be by
the CONSULTANT or by anyone directly or indirectly employed by the
CONSULTANT.
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
CONSULTANT shall procure and maintain for the life of this Contract in the
minimum amount of$1,000,000 per claim/aggregate.
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10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-
CONSULTANTS comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONSULTANT of additional liability insurance coverage or coverage which is
different in kind, the CITY reserves the right to require the provision by
CONSULTANT of an amount of coverage different from the amounts or kind
previously required and shall afford written notice of such change in requirements
thirty (30) days prior to the date on which the requirements shall take effect.
Should the CONSULTANT fail or refuse to satisfy the requirement of changed
coverage within the thirty(30)days following the CITY'S written notice,the CITY,
at its sole option, may terminate the Contract upon written notice to the
CONSULTANT,said termination taking effect on the date that the required change
in policy coverage would otherwise take effect.
10.4 CONSULTANT shall, for a period of two(2)years following the termination of the
Agreement, maintain a"tail coverage"in an amount equal to that described above
if coverage is not otherwise renewed for Comprehensive Liability Insurance on a
claims-made policy only.
ARTICLE 11 -INDEPENDENT CONTRACTOR
11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent
CONSULTANT with respect to the services provided pursuant to this Contract.
Nothing in this Contract shall be considered to create the relationship of employer
and employee between the parties hereto. Neither CONSULTANT nor any
employee of CONSULTANT shall be entitled to any benefits accorded CITY
employees by virtue of the services provided under this Contract.The CITY shall
not be responsible for withholding or otherwise deducting federal income tax or
social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to CONSULTANT, or
any employee of CONSULTANT.
11.2 CONSULTANT acknowledges and understands that, as an independent
CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with
Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S
obligation includes, but is not limited to CONSULTANT'S obligation to preserve
public records and make public records available to third parties in addition to the
CITY.
ARTICLE 12-COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company
or person, other than a bonafide employee working solely for the CONSULTANT,
to solicit or secure this Contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty,the CITY shall have the right to
annul this Contract without liability or, in its discretion to deduct from the contract
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price or uonsidaration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee,gift, orcontingent fee.
ARTICLE 13TRUTH-IN-NEGOTIATION CERTIFICATE
—
13.1 Execution of this Contract by the CONSULTANT shall act as the execution of e
truth-in-negotiation certificate certifying that the wage rates and costs used to
determine the compensation provided for in this Contract is accurate, complete,
and current aoofthe date ofthe Contract.
132 The said rates and cost shall be adjusted to exclude any significant sums should
the CITY determine that the rates and costs were increased due to inoocunoto,
incomplete,or non-current wage rates or due to inaccurate representations of fees
paid tooutside CONSULTANTS. The City shall exercise its rights under this
^Certifioete''within one(1)year following payment.
ARTICLE 14'SUBCONTRACTING
14.1 The CITY reserves the right k/accept the use n[uSUB-CONSULTANT or0ureject
the selection ufoparticular sub-CONSULTANT and toinspect all facilities ofany
SUB-CONSULTANTS in order to make a determination as to the capability of the
SUB-CONSULTANT toperform properly under this contract. The CONSULTANT
is encouraged to seek |ouo| vendors for participation in subcontracting
opportunities. |fthe CONSULTANT uses any sub CONSULTANTS unthis project
the following provisions ofthis Article shall apply:
14.2 |faSUB-CONSULTANT fails Voperform ormake progress, aorequired bythis
Cnrkract, and it is necessary to replace the SUB-CONSULTANT to complete the
work inmtimely fashion, the CONSULTANT shall promptly doso, subject tu
acceptance of the new SUB-CONSULTANT by the QTY. The substitution of
subcontractor shall not be adequate cause to excuse a delay in the performance
any portion of this contract asset forth inthe Scope ofWork.
14.3 The CONGULTANT, ito8U8'CDN8ULTANT8. agen{a, uemmnta, or employees
agree to be bound by the Terms and Conditions of this Contract and it's agreement
with the SUB-CONSULTANT for work to be performed for the City the
CONSULTANT must incorporate the terms ofthis contract.
ARTICLE 15DISCRIMINATION PROHIBITED
-
15.1 The CONGULTANT, with regard tuthe work performed by it under this Controct,
will not discriminate on the grounds of race, color, national origin, religion, creed,
age,sex or the presence of any physical or sensory handicap in the selection and
retention ofemployees orprocurement ofmaterials nrsupplies.
ARTICLE 16'ASSIGNMENT
181 The CONSULTANT shall not sublet orassign any ofthe services covered bythis
Contract without the express written consent ofthe CITY.
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ARTICLE 17-NON-WAIVER
17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not
be binding upon the waiving party unless such waiver is in writing. In the event of
a written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach. The making or acceptance of a payment
by either party with knowledge of the existence of a default or breach shall not
operate or be construed to operate as a waiver of any subsequent default or
breach.
ARTICLE 18—TERMINATION
18.1 Termination for Convenience: This Contract may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the
other party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons
the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
18.2 Termination for Default: In addition to all other remedies available to the CITY,this
Contract shall be subject to cancellation by the CITY for cause, should the
CONSULTANT neglect or fail to perform or observe any of the material terms,
provisions, conditions, or requirements herein contained, if such neglect or failure
continue for a period of thirty (30)days after receipt by CONSULTANT of written
notice of such neglect or failure. In the event of non-payment of other material
breach of this Contract by CITY, the Contract is subject to cancellation by
CONSULTANT should such condition continue for a period of thirty(30)days after
receipt by CITY of written notice of breach.
ARTICLE 19—DISPUTES AND VENUE
19.1 Any dispute arising out of the terms or conditions of this Contract shall be
adjudicated within the courts of Florida. Further,this Contract shall be construed
under Florida Law. Claims, disputes or other matters in question between the
parties to this Contract arising out of or relating to this Contract shall be in a court
of law. The CITY does not consent to mediation or arbitration for any matter
connected to this Contract. The parties agree that any action arising out of this
Contract shall take place in Palm Beach County, Florida.
ARTICLE 20—UNCONTROLLABLE FORCES
20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this
Contract if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of its
obligations under this Contract and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
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governmental actions. In such circumstances, parties agree to an equitable
adjustment of schedules and prices.
20.2 Neither party shall, however, be excused from performance if non-performance is
due to forces which are preventable,removable,or remediable,and which the non-
performing party could have,with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The non-performing party shall,
within a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the
obligations of this Contract.
ARTICLE 21 —CITY-PROVIDED INFORMATION AND SERVICES
21.1 CITY shall furnish CONSULTANT available studies, reports and other data
pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to
obtain or provide additional reports and data as required;furnish to CONSULTANT
services of others required for the performance of CONSULTANT'S services
hereunder, and CONSULTANT shall be entitled to use and rely upon all such
information and services provided by CITY or others in performing
CONSULTANT'S services under this Agreement.
ARTICLE 22—ESTIMATES AND PROJECTIONS
22.1 In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for potential projects, CONSULTANT has no control over cost or
price of labor and material; unknown or latent conditions of existing equipment or
structures that may affect operation and maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance of third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate project
cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual
project costs, financial aspects, economic feasibility, or schedules will not vary
from CONSULTANT'S opinions, analyses, projections, or estimates.
ARTICLE 23—THIRD PARTIES
23.1 The services to be performed by CONSULTANT are intended solely for the benefit
of CITY. No person or entity not a signatory to this Agreement shall be entitled to
rely on CONSULTANT'S performance of its services hereunder, and no right to
assert a claim against CONSULTANT by assignment of indemnity rights or
otherwise shall accrue to a third party as a result of this Agreement or the
performance of CONSULTANT'S services hereunder.
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ARTICLE 24-.NOTICES
24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed
to:
City of Boynton Beach Co y to: _
Attn: Utilities Director City of Boynton Beach
124 E.Woolbri ht Road Attn: Procurement Services
Boynton Beach, FL 33435 P.O. Box 310
Boynton Beach, FL 33425
And Notices to CONSULTANT, shall be sent to the following address:
CAROLLO ENGINEERING INC.
Attn: Elizabeth Fujikawa
9897 Lake Worth Road
Suite 302
Lake Worth, FL 33467
ARTICLE 25-INTEGRATED AGREEMENT
25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations, or
agreements written or oral. This Contract may be amended only by written
instrument signed by both CITY and CONSULTANT.
25.2 In the event of a conflict between a provision of this Agreement and a provision of
an individual Task Order,the provision of the Task Order will control.
ARTICLE 26-SOVEREIGN IMMUNITY
26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability provided
for in Section 768.28, Florida Statute, as may be emended from time to time, or
any successor statute thereof. To the contrary,all terms and provisions contained
in the Contract, or any disagreement or dispute concerning it, shall be construed
or resolved so as to insure CITY of the limitation from liability provided to any
successor statute thereof. To the contrary, all terms and provision contained in
the Contract, or any disagreement or dispute concerning it, shall be construed or
resolved so as to insure CITY of the limitation from liability provided to the State's
subdivisions by state law.
26.2 In connection with any litigation or other proceeding arising out of the Contract,the
prevailing party shall be entitled to recover its own costs and attorney fees through
and including any appeals and any post-judgment proceedings. CITY'S liability for
costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to
sovereign immunity, or extend CITY'S liability beyond the limits established in
Section 768.28, Florida Statutes, as amended.
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ARTICLE 27—PUBLIC RECORDS
27.1 The City is public agency subject to Chapter 119, Florida Statutes. The
CONSULTANT shall comply with Florida's Public Records Law. Specifically,
the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY'S custodian of public records,provide the CITY
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided
in chapter 119,Fla.Stat.or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and, following
completion of the contract, Contractor shall destroy all copies of such
confidential and exempt records remaining in its possession once the Contractor
transfers the records in its possession to the CITY;and
D. Upon completion of the contract,Contractor shall transfer to the CITY,
at no cost to the CITY,all public records in Contractor's possession All
records stored electronically by Contractor must be provided to the
CITY,upon request from the CITY'S custodian of public records,in a
format that is compatible with the information technology systems of
the CITY.
E. IF THE CONSULTANT HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
(CITY CLERK)
P.O. BOX 310
BOYNTON BEACH, FLORIDA,33425
561-742-6061.
PYLEJ(a,BBFL.US
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Article 28-LIMITATION OF LIABILITY
THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER
THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE
REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS
REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS,
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS,
SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO
THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED
PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER
THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO
ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND
DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT
WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS
IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM
PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY
LAW.
IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this day of A 0,14,1 120 /
CITY OF BOYNTON BEACH
4= LtiL6' rnu,-jcC
City Manager CONSULTAN
IGINFF�
Q•++• F•+.��'
Attest/Authenticated: o`;:�OATs
TitleM_G
e Seal)
City CI k
Approved as to Form: ttesttAuthenticated:
Offf6e of the City Attorney Michael W. Barnes, Secretary
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EXHIBIT"A"
FEE SCHEDULE
FIRM: Carollo Engineers,Inc.
DATE: March 14 2018
Personnel Classifications Hourly Rate
Principal $279.00
Project Manager $279.00
Senior Engineer $202.00
Process Engineer $202.00
Sr Electrical Egn. $257.00
Elec.Egn. $202.00
Process Control/Inst.Egn. $202.00
Sr.Mechanical Engineer $257.00
Mechanical Engineer $202.00
Engineer $162.00
Designer $140.00
GIS Specialist $185.00
CADD/Technician $140.00
Public Relations Specialist N/A
Construction Inspector $141.00
Sr.Rate analyst $202.00
Clerical/Administrative $105.00
Reimbursable Expenses:
Direct costs such as postage,prints,delivery
service will be billed at cost.
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EXHIBIT"B"
City of Boynton Beach Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of
Boynton Beach as Additional Insured. 'This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"
and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance
coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTA: An insurance contract or binder may be
accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance
required of contractors,lessees,etc..and the limits required by the City: (NOTE: This list is not all inclusive,and the City
reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.)
-------------------------------------------------------------------------------------------------------------------------------------------
TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
-----------------------------------------------------------------------------------------------------------------------------------------
General Liability General Aggregate $1.000,000.00
Commercial General Liability Products-Comp/Op Agg. $1.000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1.000.000.00
Liquor Liability Each Occurrence $1,000,000.00
Professional Liability Fire Damage(any one fire) $ 50.000.00
Employees&Officers Med.Expense(any one person) $ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
-------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 500,000.00
Any Auto Bodily Injury(per person) to be determined
All Owned Autos Bodily Injury(per accident) to be determined
Scheduled Autos Property Damage to be determined
Hired Autos Trailer Interchange $ 50.000.00
Non-Owned Autos
PIP Basic
Intermodal
-------------------------------------------------------------------------------------------------------------------------------------------
Garage liability Auto Only.Each Accident $1,000.000.00
Any Auto Other Tban Auto Only $ 100,000.00
Garage Keepers Liability Each Accident $1,00Qoo0.00
Aggregate $1,000,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
-------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 100,000.00
Disease,Policy Limit $ 500,000.00
Disease Each Employee $ 100,000.00
-------------------------------------------------------------------------------------------------------------------------------------------
Property
Homeowners Revocable Permit $ 300.000.00
Builder's Risk Limits based on Project Cost
-----------------------------------------------------------------------------------------------------------------------------------------
Other- As Risk Identified to be determined
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EXHIBIT"C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
Date: Name of Firm:
Office Location:
I. Service: I (Check One) ❑ Planning/Study Activity,Report,Other
❑ Design/Engineering Services/Preliminary Bid Document
❑ Final Document/Bidding/Contractor Award
p Construction Phase/Completion
2. Name of Project:
3. Project Manager:
CONSTRUCTION CONTRACT DATA
5.
a. Engineer's estimate: $ Final Cost: $
b.Substantial Construction Completion Date:
c. Final Construction Completion Date:
6. Overall Rating I (Check One) ❑ Unsatisfactory
❑ Poor
❑ Fair
❑ Good
❑ Excellent
7. Recommended for Future Contracts? ❑ I Yes I ❑ No ❑ Conditional
If other than yes,provide detailed explanation on a separate sheet of paper.
8. Name,title,and office of rating officer e. .Utilities Director):
4. Signature of rating officer:
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EXHIBIT"C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS(CONTINUED)
DESIGN/ENGINEERING SERVICES AND PRELIMINARY
BID DOCUMENT PREPARTION PHASE
Rate numerically 1 to 5 with 5 being the highest score N/A
1. Thorou h site investigation 1 2 3 4 5
2. Meetinj cost limitations 1 2 3 4 5
3. Desi n/results suitability 1 2 3 4 5
4. Coo erative&responsive 1 2 3 4 5
5. Timeliness of submissions 1 2 3 4 5
6. 'Plans clear/detailed 1 1 1 2 3 4 1 5
7. 'Plan/spec accuracy 1 1 2 3 14 1 5
`Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and
coordination between disciplines.
Name and title of rating officer(e.g. Utilities Director):
-Signature of rating officer:
FINAL DOCUMENT PREPARATION, BID, &AWARD BY CONSULTANT
Rate numerically 1 to 5 with 5 bein the highest score N/A
1. Secs afford competition 1 2 3 4 5
2. Secs complete/thorough 1 2 3 4 5
3. Accuracy of documents 1 2 3 4 5
4. Requirements within engineer's estimate 1 2 3 4 5
5. Cooperative attitude 1 2 3 4 5
8. Timeliness of submissions 1 2 3 4 5
7. Pre-bid conference participation 1 2 3 4 5
8. Response to inquiries 1 2 3 4 5
9. Bid evaluation quality/timeliness 1 2 3 4 5
10. Response to building&permitting agencies 1 2 3 4 5
11. 1 Addendum preparation&permit applications 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
-Signature of rating officer:
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EXHIBIT"C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS(CONTINUED)
CONSTRUCTION PHASE COMPLETION
Rate numerically 1 to 5 with 5 being the highest score I NIA
1. Drawings Reflect True Conditions 1 2 1 3 14 5
2. Plans/S ecs Accurate/Coordinated 1 2 3 4 5
3. Design Constructabilit 1 2 3 4 5
4. Timeliness/Quality of Processing Submittals 1 2 3 4 5
5. Product/Equipment Selection Availability 1 2 3 4 5
6. Field Consultation and Investigations 1 2 3 4 5
7. Quality of Support Services 1 2 3 4 5
8. Overall Construction Contract Administration 1 2 3 4 5
9. Project Closeout Documentation Review 1 2 3 4 5
10. Validity of Claims for Extra Costs 1 2 3 4 5
11. Did Consultant provide sufficient copies of signed
plans to allow for timely review and approval by all 1 2 3 4 5
Permitting Agencies?
12. Did the Consultant actively participate in
overcoming problems with the Contractor, Building 1 2 3 4 5
Officials and/or Regulatory Agencies?
13. Change Order Processing(Accuracy,Timeliness, 1 2 3 4 5
Documentation, etc.
14. Did the Consultant exercise adequate/effecting
coordination and control of subconsultant(s)or 1 2 3 4 5
associates work and paperwork?
15. Proactive Participation in Resolution of Dis ute s? 1 2 3 4 5
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
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EXHIBIT "C"
PERFORMANCE EVALUATION FORM
CONSULTING ENGINEERS
(continued)
PLANNING/STUDY ACTIVITY, REPORT, OTHER
Rate numerically 1 to 5 with 5 bein the hi hest score N/A
1. Thorough investigation of situation or activity 1 2 3 4 5
2. Cooperative attitude 1 2 3 4 5
3. Timeliness of submissions 1 2 3 14 5
4. Accuracy of documents 1 2 3 14 5
5. Did the Consultant offer cost saving solutions? 1 2 3 4 5
6. Did the Consultant actively participate in problem 1 2 3 1 4 5
solving?
7. Overall results 1 2 3 1 15
Name and title of rating officer(e.g. Utilities Director):
Signature of rating officer:
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7.E.
CONSENT BIDS AND PURCHASES OVER$100,000
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-038-Approve and authorize the City
Manager to sign Amendment No. 2 to the Developer's Agreement with Knuckles, LLC for the construction of
sanitary sewer and lift station wet well improvements for the Taco Bell project located at 2319 Federal
Highway.
Explanation of Request:
On January 21, 2020, the City Commission approved and authorized the City Manager to sign Amendment
No. 1 to the Developer's Agreement with Knuckles, LLC for the Taco Bell project located at 2319 Federal
Highway as Resolution R20-010.
As part of Amendment No. 1 Knuckles, LLC, agreed to construct and install a gravity sewer line within a utility
easement on the Developer's property and construct and install a lift station wet well within a utility easement
on the southwest corner of the Developer's property (Lot 5) in accordance with the project plans provided by
the City. The gravity sewer and wet well will be installed as "dry lines" without flow until Lift Station No. 412 is
relocated by the City in the future.
Amendment No. 2 modifies the location of the wet well and gravity sewer on the site to the east to avoid
construction issues with a deep excavation near the western property line, a neighboring single family home,
and an adjacent FPL power pole. With this modification, the length of the gravity sewer line will be shortened
and will therefore reduce the total cost of the work. A 10 ft. utility easement will be granted to the City for the
gravity sewer line which includes the area for the future valve vault and force main connection to SE 23rd
Avenue.
Change Order Request No. 1 from the Developer's subcontractor provides a credit for 126 linear feet of
gravity sewer pipe and includes reimbursement for remobilization of the subcontractor's equipment and crew
that were moved offsite while the construction issues were resolved. The revised project accounting is as
follows:
Original Price Quote: $171,692.00
Change Order Request No. 1: ($1,730.00)
Revised Project Cost: $169,962.00
The City will reimburse Knuckles, LLC after Final Acceptance of the gravity sewer and wet well improvements
in the amount of $169,962.00. Final Acceptance by the City includes granting the utility easements over the
Developer's property, conveyance of the utilities to the City by Bill of Sale, completion of all City punch list
items, submittal of final as-built record drawings, and permit release from Palm Beach County Health
Department.
How will this affect city programs or services?
Utilizing Knuckles, LLC's subcontractor for the work will expedite construction of the wastewater utilities
without delaying the Developer's schedule for completing construction of the Taco Bell project. In addition,
this option will provide a cost savings to the City of $15,430 as compared to bidding the work directly under
the Utilities' Pre-Qualified Minor Utility Construction Services Contract.
Fiscal Impact: Budgeted
Page 510 of 670
Funding for reimbursement of the construction costs for the gravity sewer and lift station wet well
improvements is available in the Utilities CIP account.
Alternatives:
Not approve Amendment No. 2 to the Developer's Agreement.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
D Addendum Amendment#2
D Resolution Resolution approving Amendment#2 with
Knockles LLC
D Drawings Revised Drawing
D Change Order Change Order Request
Page 511 of 670
AMENDMENT NO. 2
This is AMENDMENT NO. 2 to the DEVELOPER'S AGREEMENT (the "Second
Amendment") between the CITY OF BOYNTON BEACH (the "City") and KNUCKLES, LLC
(the "Developer") is made and entered into on May , 2020.
WITNESSETH:
WHEREAS, the City and the Developer entered into a Developer's Agreement which
was passed and adopted by the City on November 5, 2019 as Resolution No. R19-136 ("Original
Agreement"); and
WHEREAS, the Original Agreement was amended, and was passed and adopted by the
City on January 21, 2020 as Resolution No. R20-010 ("First Amendment"); and
NOW THEREFORE, in consideration of the promises, mutual covenants, provisions and
undertakings hereinafter contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged,the parties agree as follows:
1. On-Site Utilities. The Developer will construct and install a gravity sewer line within
a 12 ft. utility easement on the Developer's property and construct and install a lift
station wet well within a 20 ft. x 20 ft. utility easement, as depicted in Exhibit "A"
attached hereto, in accordance with the project plans provided by the City. The gravity
sewer and wet well will be installed as "dry lines" without flow until Lift Station No.
412 is relocated by the City in the future.
2. Reimbursement. The City will reimburse the Developer after Final Acceptance of the
gravity sewer and wet well improvements in the amount of$169,962.00 based on the
Developer's change order attached hereto as Exhibit"B". Final Acceptance involves
compliance with the City requirements as follows:
a. The granting of appropriate utility easements over the Developer's property as
indicated in paragraph (1) above.
b. The conveyance of said facilities to the City by Bill of Sale.
c. The completion of all City required punch list items.
d. The delivery of final as-built record drawings (two full-size sets of signed and
sealed hard copies, AutoCAD file, and PDF file).
e. Palm Beach County Health Department permit release.
3. Change Orders. Any modifications to the location of the gravity sewer and wet well,
or any modifications to the price shall be accomplished through a written change order
executed by the Developer and the City Manager. The City shall not be responsible for
{00371583.1 306-90018211
Page 512 of 670
any additional charges,costs,fees,or expenses unless the City Manager executes a written
change order to the Original Agreement, as amended that provides for any consideration
to be paid by the City.
4. Except as amended herein,the City and Developer ratify,approve,and reaffirm the terms
of the Original Agreement, as amended, and the Original Agreement, as amended shall
remain in full force and effect, except as amended herein.
5. In the event of any conflict or ambiguity by and between the terms and provisions of the
Original Agreement, the First Amendment, and this Second Amendment, this Second
Amendment shall control to the extent of any such conflict or ambiguity.
(Signature Page and Exhibits to Follow)
{00371583.1 306-90018211
Page 513 of 670
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the
date and year first written above.
ATTEST: CITY OF BOYNTON BEACH
By: By:
Name: Lori LaVerriere
Title: City Manager
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
City Attorney
WITNESSES: KNUCKLES, LLC
a Florida limited liability company
By: By:
Print Name: Title:
By:
Print Name:
STATE OF FLORIDA )
)ss:
COUNTY OF )
The foregoing instrument was acknowledged before me by means of physical presence
or online notarization, this day of , 2020, by
, as (name of officer or agent,title of officer
or agent), of Knuckles, LLC., a Florida limited liability company, on behalf of the limited liability
company. He/She is personally known to me or has produced
(type of identification) as identification
Signature
Name and Title
Commission Number
{00371583.1 306-90018211
Page 514 of 670
EXHIBIT A
{00371583.1 306-90018211
Page 515 of 670
EXHIBIT B
{00371583.1 306-90018211
Page 516 of 670
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 AMENDMENT NO. 2 TO THE
6 DEVELOPER'S AGREEMENT WITH KNUCKLES,LLC FOR THE
7 CONSTRUCTION OF SANITARY SEWER AND LIFT STATION
8 WET WELL IMPROVEMENTS FOR THE TACO BELL PROJECT
9 LOCATED AT 2319 FEDERAL HIGHWAY; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on November 5, 2019, the City Commission approved and authorized
13 the City Manager to sign the Developer's Agreement with Knuckles, LLC for the Taco Bell
14 project located at 2319 Federal Highway; and
15 WHEREAS, on January 21, 2020, the City Commission approved and authorized the
16 City Manager to sign Amendment No. 1 to the Developer's Agreement with Knuckles, LLC
17 for the Taco Bell project located at 2319 Federal Highway as Resolution R20-010; and
18 WHEREAS, Amendment No. 2 modifies the location of the wet well and gravity
19 sewer on the site to the east to avoid construction issues with a deep excavation near the
20 western property line, a neighboring single family home, and an adjacent FPL power pole;
21 and
22 WHEREAS, with this modification, the length of the gravity sewer line will be
23 shortened and will therefore reduce the total cost of the work; and
24 WHEREAS,the City Commission has determined that it is in the best interests of the
25 residents of the City to approve and authorize the City Manager to sign Amendment No. 2 to
26 Developer's Agreement with Knuckles, LLC for the construction of sanitary sewer and lift
27 station wet well improvements for the taco bell project located at 2319 federal highway.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission does hereby approve and authorize the City
34 Manager to sign Amendment No. 2 to Developer's Agreement with Knuckles, LLC for the
35 construction of sanitary sewer and lift station wet well improvements for the taco bell project
S:ACA\RESOAAgreements\T)evelopers Agreement(Amendment#2)with Knuckles(Taco Bell)-Reso.docx
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36 located at 2319 federal highway, a copy of Amendment No. 2 is attached hereto as Exhibit
37 "A".
38 Section 3. This Resolution shall become effective immediately upon passage.
39
40 PASSED AND ADOPTED this day of May, 2020.
41
42 CITY OF BOYNTON BEACH, FLORIDA
43 YES NO
44
45 Mayor— Steven B. Grant
46
47 Vice Mayor—Ty Penserga
48
49 Commissioner—Justin Katz
50
51 Commissioner—Woodrow L. Hay
52
53 Commissioner— Christina L. Romelus
54
55 VOTE
56 ATTEST:
57
58
59
60 Crystal Gibson, MMC
61 City Clerk
62
63
64 (Corporate Seal)
S:ACA\RESOAAgreements\Developers Agreement(Amendment#2)with Knuckles(Taco Bell)-Reso.docx
Page 518 of 670
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Michael A Romack Contracting CHANGE ORDER
2551 Princess Way
Kissimmee, FL 34746 REQUEST
REVISED#101
DATE: MARCH 24, 2020
TO: Taco Bell Boynton
Knuckles LLC/City of Boynton Beach 2319 Federal Highway
Boynton Beach, FL
DESCRIPTION HOURS/QTY RATE AMOUNT
CO-101
Remobilization of equipment and crew for utilities completion after 9800 9800.00
revised plans
Remobilization for de-watering after revised plans 4850 4850.00
CREDIT FOR 126 LF OF 8" C900 PVC 126 130.00 (16380.00)
TOTAL (1730.00)
Make all checks payable to Michael A Romack Contracting
Thank you for your business!
Page 520 of 670
8.A.
PUBLIC HEARING
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission:
Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd,
amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR)
to Local Retail Commercial (LRC).
Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning
from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2
Neighborhood Commercial District.
Explanation of Request:
The subject 1.05-acre property consists of three parcels, assembled for the proposed redevelopment of the
existing 7-Eleven convenience store and the addition of gasoline pumps. The existing store occupies the
largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with
duplexes, front on SW 14th Ave.
Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the
existing convenience store property carries Local Retail Commercial (LRC) future land use (FLU) and C-2,
Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future
land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning
to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two
different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential
(MDR). While the MDR-classified parcel on the corner of Seacrest Blvd. and SW 14 Ave. is appropriately
zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning
—part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent
with the LDR future land use classification.
The request for the FLUM amendment and rezoning is being processed concurrently with the applications for
the Major Site Plan Modification (MSPM) and Conditional Use (COUS). Conditional use approval is required
for the proposed addition of the gas station (see the corresponding staff report).
If the subject request is approved and the C-2 commercial zoning is extended from the 7-Eleven property
through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties
across SW 14th Ave. Staff has impressed the importance of appropriate buffering, and the applicant has
responded accordingly in the site plan and landscape design as detailed in the COUS/MSPM staff report.
Note that landscape buffering and screening regulations for commercial properties were not on the books in
1960 when the current structure was built. The assembly of the two parcels with the existing site will facilitate
compliance with the current land development regulations. The expansion of the site will also offset the impact
of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd.
for a future widening of the roadway.
The proposed extension of commercial zoning in the subject area is warranted by the current and anticipated
intensification of redevelopment activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd
and Woolbright Rd/ US 1, and the resultant increase in population and traffic. Eventually, redevelopment is
Page 521 of 670
likely to expand west along the northern side of Woolbright Rd. to SW 1St Street, eventually encompassing the
block between the Woolbright Rd. corridor and SW 14th Avenue.
The Planning & Development Board reviewed this item at their February 25, 2020 meeting and forwards it
with a recommendation of denial.
How will this affect city programs or services? No significant impact on either programs or services.
Fiscal Impact: I ncrease of tax base
Alternatives: None recommended
Strategic Plan:
Strategic Plan Application:
N/A
Climate Action:
Climate Action Discussion: N/A
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Ordinance Ordinance approving Land Use Amendment for
7-Eleven property
Ordinance Ordinance approving Rezoning of 7-Eleven
proerty
Staff Report Staff Report
Location IVAap E7ibit A. Location IVAap
Exhibit EXHIBIT B1. 7-Eleven 101 W. Woolbright Rd
current FLU
Exhibit EXHIBIT B2. 7-Eleven 101 W. Woolbright Rd
proposed FLU
Exhibit EXHIBIT C1, 7-Eleven 101 W. Woolbright Rd
current zoning
Exhibit EXHIBIT C2, 7-Eleven 101 W. Woolbright
proposed zoning
Attachment Resumes
Page 522 of 670
1 ORDINANCE NO. 20-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE
5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR
6 PROPERTY COMMONLY KNOWN AS 7-ELEVEN PROPERTY
7 AND DESCRIBED HEREIN, OWNED BY THE SOUTHLAND
8 CORPORATION, CHANGING THE LAND USE DESIGNATION
9 FROM LOW DENSITY AND MEDIUM DENSITY RESIDENTIAL
10 (LDR AND MDR), AND LOCAL RETAIL COMMERCIAL (LRC)
11 TO: LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR
12 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE.
13
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land
16 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government
17 Comprehensive Planning Act; and
18 WHEREAS, the procedure for amendment of a Future Land Use Element of a
19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
20 WHEREAS, after two (2) public hearings the City Commission acting in its dual
21 capacity as Local Planning Agency and City Commission finds that the amendment
22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it
23 in the best interest of the inhabitants of said City to amend the Future Land Use Element
24 (designation) of the Comprehensive Plan as hereinafter provided.
25 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
26 CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
28 herein by this reference.
29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the
30 Future Land Use of the following described land:
31 PARCEL 1 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
32 COMMITMENT NUMBER 759692)
33
34 ALL OF LOT 2, AND LOT 1, LESS THE EAST 7 FEET THEREOF AND LESS THAT PART OF
35 LOT WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS ARC
36 WHICH IS THE TANGENT TO A LINE 7 FEET WEST OF A PARALLEL TO THE EAST LINE OF
37 SAID LOT 1, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 12, CENTRAL
38 PARK ANNEX BOYNTON FLORIDA,ACCORDING TO THE MAP OR PLAT THEREOF AS
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39 RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY,
40 FLORIDA.
41
42 PARCEL 2 (EXHIBIT A, WFG NATIONAL TITLE INSURANCE COMPANY COMMITMENT
43 NUMBER 19-537886)
44
45 LOTS 3 AND 4, BLOCK 12, CENTRAL PARK ANNEX, ACCORDING TO THE PLAT THEREOF,
46 AS RECORDED IN PLAT BOOK 12, AT PAGE 51, OF THE PUBLIC RECORDS OF PALM
47 BEACH COUNTY, FLORIDA.
48
49 PARCEL 3 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
50 COMMITMENT NUMBER 809138 A2)
51
52 LOTS 21, 22,23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT BOOK
53 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE
54 FOLLOWING DESCRIBED PARCELS:
55
56 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST
57 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
58 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
59 FOLLOWS:
60
61 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL
62 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM
63 BEACH COUNTY, FLORIDA; THENCE NORTH 1°26'55" EAST ALONG THE EAST LINE OF
64 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST
65 RIGHT-OF-WAY OF SEA CREST BOULEVARD; THENCE NORTH 87°38'37" WEST A
66 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS
67 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH
68 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH
69 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
70 WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH
71 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO
72 THE POINT OF BEGINNING.
73
74 ALSO DESCRIBED AS: (OFFICIAL RECORD BOOK 2780,PAGE 920,PALM BEACH COUNTY,
75 RECORDS)
76
77 LOTS 1, 2, 3,4, 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN
78 PLAT BOOK 12, AT PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,
79 LESS THE FOLLOWING DESCRIBED PARCELS:
80
81 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST
82 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
83 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
84
85 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL
86 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM
87 BEACH COUNTY, FLORIDA; THENCE NORTH 1026'55" EAST ALONG THE EAST LINE OF
88 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST
89 RIGHT-OF-WAY OF SEACREST BOULEVARD; THENCE NORTH 87038'37" WEST A
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90 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS
91 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH
92 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE SOUTH
93 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
94 WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH
95 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET TO
96 THE POINT OF BEGINNING
97
98 AND LESS
99
100 THE EAST 7 FEET OF LOT 1, BLOCK 12, ACCORDING TO THE PLAT OF CENTRAL PARK
101 ANNEX, AS RECORDED IN PLAT BOOK 12,PAGE 51, IN THE PUBLIC RECORDS OF PALM
102 BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND
103 THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A
104 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 7 FEET WEST OF AND PARALLEL
105 TO THE EAST LINE OF SAID LOT 1 AND TANGENT TO THE NORTH LINE OF SAID LOT 1.
106
107 SAID LANDS SITUATE LYING AND BEING IN BOYNTON BEACH, PALM
108 BEACH COUNTY, FLORIDA AND CONTAINS 45,742 SQUARE FEET(1.05
109 ACRES), MORE OR LESS.
110
111
112 is amended from Low Density and Medium Density Residential(LDR and MDR),and Local
113 Retail Commercial (LRC) TO Local Retail Commercial (LRC).
114 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge,
115 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
116 Land Development Regulation Act. No parry shall be vested of any right by virtue of the
117 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
118 including appeals, are exhausted. In the event that the effective date is established by state law
119 or special act, the provisions of state act shall control.
120 FIRST READING this day of 2020.
121
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122 SECOND, FINAL READING and PASSAGE this day of , 2020.
123 CITY OF BOYNTON BEACH, FLORIDA
124 YES NO
125
126
127 Mayor— Steven B. Grant
128
129 Vice Mayor—Ty Penserga
130
131 Commissioner—Justin Katz
132
133 Commissioner—Woodrow L. Hay
134
135 Commissioner— Christina L. Romelus
136
137 VOTE
138 ATTEST:
139
140
141
142 Crystal Gibson, MMC
143 City Clerk
144
145
146 (Corporate Seal)
147
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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 7-ELEVEN PROPERTY FROM R-1-A SINGLE FAMILY
7 RESIDENTIAL DISTRICT, R-2 SINGLE AND TWO FAMILY
8 RESIDENTIAL DISTRICT, AND C-2 NEIGHBORHOOD
9 COMMERCIAL TO C-2 NEIGHBORHOOD COMMERCIAL;
10 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
14 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and
15 WHEREAS, the City has made application to rezone land, said land being more
16 particularly described hereinafter, from R-1-A Single Family Residential District, R-2 Single
17 and Two Family Residential District, and C-2 Neighborhood Commercial to C-2
18 NEIGHBORHOOD COMMERCIAL; and
19 WHEREAS, the City Commission conducted public hearings as required by law and
20 heard testimony and received evidence which the Commission finds supports a rezoning for the
21 property hereinafter described; and
22 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
23 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
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 incorporated
27 herein by this reference.
28 Section 2. The land herein described be and the same is hereby rezoned from R-1-
29 A Single Family Residential District, R-2 Single and Two Family Residential District, and C-2
30 Neighborhood Commercial to C-2 NEIGHBORHOOD COMMERCIAL. A location map is
31 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal
32 Description:
33 PARCEL 1 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
34 COMMITMENT NUMBER 759692)
35
36 ALL OF LOT 2, AND LOT 1, LESS THE EAST 7 FEET THEREOF AND LESS THAT PART OF
37 LOT WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS
I
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38 ARC WHICH IS THE TANGENT TO A LINE 7 FEET WEST OF A PARALLEL TO THE EAST
39 LINE OF SAID LOT 1, AND TANGENT TO THE NORTH LINE OF SAID LOT 1, BLOCK 12,
40 CENTRAL PARK ANNEX BOYNTON FLORIDA, ACCORDING TO THE MAP OR PLAT
41 THEREOF AS RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM
42 BEACH COUNTY, FLORIDA.
43
44 PARCEL 2 (EXHIBIT A, WFG NATIONAL TITLE INSURANCE COMPANY COMMITMENT
45 NUMBER 19-537886)
46
47 LOTS 3 AND 4, BLOCK 12, CENTRAL PARK ANNEX, ACCORDING TO THE PLAT
48 THEREOF, AS RECORDED IN PLAT BOOK 12, AT PAGE 51, OF THE PUBLIC RECORDS OF
49 PALM BEACH COUNTY, FLORIDA.
50
51 PARCEL 3 (EXHIBIT A, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
52 COMMITMENT NUMBER 809138 A2)
53
54 LOTS 21, 22,23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN PLAT
55 BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE
56 FOLLOWING DESCRIBED PARCELS:
57
58 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST
59 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
60 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
61 FOLLOWS:
62
63 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL
64 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM
65 BEACH COUNTY, FLORIDA; THENCE NORTH 1°26'55" EAST ALONG THE EAST LINE OF
66 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST
67 RIGHT-OF-WAY OF SEA CREST BOULEVARD; THENCE NORTH 87°38'37" WEST A
68 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS
69 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH
70 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE
71 SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE
72 OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH
73 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET
74 TO THE POINT OF BEGINNING.
75
76 ALSO DESCRIBED AS: (OFFICIAL RECORD BOOK 2780,PAGE 920,PALM BEACH
77 COUNTY, RECORDS)
78
79 LOTS 1, 2, 3,4, 21, 22, 23 AND 24, BLOCK 12, CENTRAL PARK ANNEX, AS RECORDED IN
80 PLAT BOOK 12, AT PAGE 51,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,
81 LESS THE FOLLOWING DESCRIBED PARCELS:
82
83 A PARCEL OF LAND FOR ROAD RIGHT-OF-WAY PURPOSES LYING IN THE SOUTHEAST
84 ONE-QUARTER OF SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH
85 COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
86
87 BEGINNING AT THE SOUTHEAST CORNER OF LOT 24, BLOCK 12,PLAT OF CENTRAL
88 PARK ANNEX, RECORDED IN PLAT BOOK 12,PAGE 51,PUBLIC RECORDS OF PALM
89 BEACH COUNTY, FLORIDA; THENCE NORTH 1026'55" EAST ALONG THE EAST LINE OF
2
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90 SAID LOT 24 A DISTANCE OF 121.82 FEET; SAID EAST LINE ALSO BEING THE WEST
91 RIGHT-OF-WAY OF SEACREST BOULEVARD; THENCE NORTH 87°38'37" WEST A
92 DISTANCE OF 7.00 FEET TO A LINE 7.00 FEET WEST OF AND PARALLEL WITH AS
93 MEASURED AT RIGHT ANGLES TO THE SAID EAST LINE OF LOT 24, THENCE SOUTH
94 1026'55" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 96.56 FEET; THENCE
95 SOUTH 46046'42" WEST A DISTANCE OF 35.56 FEET TO THE NORTH RIGHT-OF-WAY LINE
96 OF WOOLBRIGHT ROAD AS SHOWN IN ROAD PLAT BOOK 4, PAGE 86; THENCE SOUTH
97 87053'30" EAST ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 32.29 FEET
98 TO THE POINT OF BEGINNING
99
100 AND LESS
101
102 THE EAST 7 FEET OF LOT 1, BLOCK 12, ACCORDING TO THE PLAT OF CENTRAL PARK
103 ANNEX, AS RECORDED IN PLAT BOOK 12,PAGE 51, IN THE PUBLIC RECORDS OF PALM
104 BEACH COUNTY, FLORIDA, IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST; AND
105 THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY
106 A 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 7 FEET WEST OF AND
107 PARALLEL TO THE EAST LINE OF SAID LOT 1 AND TANGENT TO THE NORTH LINE OF
108 SAID LOT 1.
109
110 SAID LANDS SITUATE LYING AND BEING IN BOYNTON BEACH, PALM BEACH
111 COUNTY, FLORIDA AND CONTAINS 45,742 SQUARE FEET(1.05 ACRES), MORE OR LESS.
112
113 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
114 accordingly.
115 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
116 Section 5. Should any section or provision of this Ordinance or any portion thereof be
117 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
118 remainder of this Ordinance.
119 Section 6. This ordinance shall become effective immediately upon passage.
120 FIRST READING this day of 2020.
121
122
3
S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx
Page 529 of 670
123 SECOND, FINAL READING and PASSAGE this day of , 2020.
124 CITY OF BOYNTON BEACH, FLORIDA
125 YES NO
126
127 Mayor— Steven B. Grant
128
129 Vice Mayor—Ty Penserga
130
131 Commissioner—Justin Katz
132
133 Commissioner—Woodrow L. Hay
134
135 Commissioner— Christina L. Romelus
136
137 VOTE
138 ATTEST:
139
140
141
142 Crystal Gibson, MMC
143 City Clerk
144
145
146
147 (Corporate Seal)
4
S:\CA\Ordinances\Planning\Rezoning\7-Eleven Property-Rezone-Ordinance.Docx
Page 530 of 670
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 20-037
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Ed Breese
Planning and Zoning Administrator
FROM: Hanna Matras, Senior Planner
DATE: February 7, 2020
PROJECT: 7-Eleven 101 W. Woolbright Rd
LUAR 20-001
REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use
Map from Low Density Residential (LDR) and Medium Density
Residential (MDR) to Local Retail Commercial (LRC), and rezoning
from R-1-A Single Family Residential District and R-2 Single-and Two
Family Residential District to C-2 Neighborhood Commercial District.
PROJECT DESCRIPTION
Property Owner: Southland Corp Tax Dept#10391
Applicant: Shane Laakso, Creighton Development
Agent: Michael Amodio, KEITH
Location: Noorthwest corner of W. Woolbright Rd and S. Seacrest Blvd (see
Exhibit "A")
Existing Land Use: Low Density and Medium Density Residential (LDR and MDR), and
Local Retail Commercial (LRC)
Proposed Land Use: Local Retail Commercial (LRC)
Existing Zoning: R-1-A Single Family Residential District, R-2 Single- and Two
Family Residential District, and C-2 Neighborhood Commercial
Proposed Zoning: C-2 Neighborhood Commercial
Acreage: 1.05 acre
Page 531 of 670
Page 2
7-Eleven 101 W Woolbright
LUAR 20-001
Proposed Use: Convenience store and a gasoline station
Adjacent Uses:
North: Right-of-way for SW 14th Ave; farther north vacant residential
property and two developed single-family homes, classified Low
Density and Medium Density Residential (LDR and MDR), and
zoned R-1-A Single Family Residential District and R-2 Single-
and Two Family Residential District;
South: Right-of-way for Woolbright Rd; farther south Boynton Beach
Memorial Park and Mausoleum, classified Public and Private
Governmental/Institutional (PPGI) and zoned PU, Public Usage;
East: Right-of-way for Seacrest Blvd; farther east Shell gasoline station,
classified Local Retail Commercial (LRC) and zoned C-2,
Neighborhood Commercial, and, to the northeast, a developed
duplex, classified Medium Density Residential (MDR) and zoned
R-2 Single- and Two Family Residential District; and
West: A developed commercial (office) property, then Woolbright
Farmers Market, both classified Local Retail Commercial (LRC)
and zoned C-2, Community Commercial.
BACKGROUND
The subject 1.05 acre property consists of three parcels, assembled for the proposed
redevelopment of the existing 7-Eleven convenience store with an addition of the gasoline
station. The store occupies the largest of the three parcels, facing Woolbright Road. The
two other parcels, both currently developed with duplexes, front on SW 14th Ave.
Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the
FEC tracks, the existing convenience store property carries Retail Commercial (LRC)
future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the
proposed project, the applicant is requesting a future land use map (FLUM) amendment
and rezoning, which would extend the LRC classification and C-2 zoning to the two
duplex parcels in the northern section of the assembly. The subject parcels are currently
under two different residential FLU classifications—Low Density Residential (LDR) and
Medium Density Residential (MDR). While the MDR-classified parcel on the corner of
Seacrest Blvd and SW 14 Ave is appropriately zoned R-2, Single- and Two Family
Residential District, the LDR-classified parcel to the west has split zoning—part of it is
zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is
consistent with LDR land use classification.
Note that the City has a number of parcels with split zoning. This situation may have been
2
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Page 3
7-Eleven 101 W Woolbright
LUAR 20-001
created in the past through planned area-wide rezonings or through subdivision of
properties.
The request for the FLUM amendment and rezoning is being processed concurrently with
the applications for the Major Site Plan Modification (MSPM) and the Conditional Use
(COUS), required for the proposed addition of the gas station (see the corresponding staff
report).
REVIEW BASED ON CRITERIA
The following criteria used to review Comprehensive Plan Map amendments and
rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section
2.13 and Section 2.D.3-.
a. Demonstration of Need. A demonstration of need may be based upon changing
conditions that represent a demand for the proposed land use classification and
zoning district. Appropriate data and analysis that adequately substantiates the need
for the proposed land use amendment and rezoning must be provided within the
application.
As per the Land Development Regulations, the intent of the C-2 conventional zoning
district is to "allow low-intensity commercial uses of a retail convenience that are intended
to serve and which are in close proximity to individual residential
neighborhoods. Generally, the desired locations of these commercial areas would be at
the periphery of one (1) or more neighborhoods along roadway classifications that are
able to support the additional traffic".
The location of the project to be supported by the proposed FLU amendment and
rezoning—the intersection of Woolbright Rd, a busy arterial, and Seacrest Blvd, a busy
collector—meets these criteria. The area population is growing and the traffic volume on
both roadways is projected to increase considerably, amplifying demand for convenience
retail. For example, according to the the Palm Beach County 2045 Long Range
Transportation Plan, annual growth rates of Woolbright Rd eastbound traffic and Seacrest
Blvd northbound traffic at the subject intersection are expected to be 1.24% and 1.4%,
respectively. In the short term, the drivers of the growth will be the incoming projects of
Riverwalk Plaza and Town Square; on the long term, continuous redevelopment on the
US1/Woolbright intersection, spillout redevelopment around Town Square and the
potential expansion of Bethesda Hospital will all have a significant impact.
Ongoing market trends also support the request. According to new data from retail
analytics platform Edge by Ascential's Retail Market Monitor, discount and convenience
stores in the U.S. are projected to grow faster than all other offline retail channels over
the next five years, reflecting consumers' increased focus on price and speed, even if it
means more limited assortment. Non-food discount, food discount and covenience stores
are all projected for annual growth rates above 5 percent, whereas all other offline
retailers, aside from membership club stores, are projected at annual growth rates of 3
percent or below. However, there is an increased competition between convenience
3
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Page 4
7-Eleven 101 W Woolbright
LUAR 20-001
stores and other retailers, offering immediacy, convenience, and a fast response to
changing consumer tastes. The competitors now include online retailers and delivery
services, meeting consumer demands for previously fulfilled primarily by convenience
stores.
All the above factors are behind the need to transform the property into a modern
commercial site. The addition of the two parcels to the existing site may be also deemed
warranted by the necessity to meet current commercial land development regulations,
such as landscape buffering and screening, that were not on the books in 1960 when the
current structure was built. The expansion of the project to the subject parcels will also
offset the impact of the Palm Beach County-determined need for the dedication of 30
feet of the property along Woolbright Rd for a future widening of the roadway.
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.
Currenly, there is no redevelopment plan for the section of Woolbright Rd west of the FEC
tracks. However, the proposed FLU amendment and rezoning can be deem consistent
with the general intent of the policies of the Comprehensive Plan's Future Land Use
Element which, particularly in recent years, brought a post-great recession focus on
economic development and on commercial uses as goods/services providers and job
generators:
Objective 1.17 The City shall pursue economic development opportunities to
support a competitive and diversified economy, and a good quality
of life for residents.
Policy 1.17.1 The City shall continue to review the Land Development Regulations to
improve approval processes and to remove unnecessary hurdles
hindering industrial and commercial uses that create jobs, contribute to
the tax base, and accommodate market trends.; and
Policy 1.17.6 The City shall continue to apply Economic Development Benefits review
criteria to all rezoning and Future Land Use Map amendment requests
to limit the conversion of industrial and commercial land to other uses.
c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM)
and rezoning would be contrary to the established land use pattern, or would create
an isolated zoning district or an isolated land use classification unrelated to adjacent
and nearby classifications, or would constitute a grant of special privilege to an
individual property owner as contrasted with the protection of the public welfare. This
factor is not intended to exclude FLUM reclassifications and rezonings that would
result in more desirable and sustainable growth for the community.
4
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Page 5
7-Eleven 101 W Woolbright
LUAR 20-001
The proposed FLUM amendment and rezoning would not create an isolated district. As
noted in the "Background" section of this report, the existing convenience store property
and all lots on the north side of Woolbright Rd between SW 1 st Street and the FEC tracks
carry Retail Commercial (LRC)future land use (FLU) and C-2, Neighborhood Commercial
zoning. Of these lots west of Seacrest Blvd to SW 1St Street, one is developed with an
office use, while the remaining ones are occupied by the Woolbright Farmers Market and
the existing 7-Eleven store. The adjacent lots to the north—facing SW 14th Ave—have a
single-family R-1-A zoning, except the property on the corner of Seacrest Blvd and SW
14th Ave, and part of its neighboring lot which are under the R-2 zoning. Note that out of
the six lots with the R-1-A zoning, four are developed with duplexes, a nonconforming
use in this zoning district. One of the two single-family homes is owned by a real estate
investment firm.
If the subject request is approved and the neighborhood commercial zoning of C-2 is
extended from the 7-Eleven property through the block to SW 14th Ave, the project will
abut a duplex to the west, and face single-family properties across SW 14th Ave.
Appropriate landscape buffering as well as access will be important considerations in
minimizing its adverse impact. Staff has impressed the importance of appropriate
buffering, and the applicant has responded accordingly in the site plan and landscape
design (see the corresponding COUS/MSPM staff report).
Given the development activities on and near intersections of Seacrest Blvd/ Boynton
Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic,
redevelopment is likely to expand west along the northern side of Woolbright Rd to SW
1St Street, eventually encompassing the block between the Woolbright corridor and SW
14th Ave.
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.
Interconnectivity will be improved with the addition of pedestrian access from the
neighborhood to the north and west. The Palm Tran bus route along Seacrest Blvd
ensures access to public transportation, with an improved bus stop. The site plan provides
for several sustainable elements of the project (see the corresponding COUS/MSPM 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.
5
Page 535 of 670
Page 6
7-Eleven 101 W Woolbright
LUAR 20-001
So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach
County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be
available at the existing landfill through approximately the year 2049.
Drainage. Drainage will be reviewed in detail as part of the site plan, land development,
and building permit review processes.
Trak. Traffic impact is reviewed as part of the site plan.
f. Compatibility. The application shall consider the following factors to determine
compatibility.-
(1)
ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning
would be compatible with the current and future use of adjacent and nearby properties,
or would negatively affect the property values of adjacent and nearby properties, and
(2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is
of a scale which is reasonably related to the needs of the neighborhood and the City
as a whole.
See response to criterum "c." The LRC future land use and the neighborhood commercial
zoning of C-2 requested for the northern section of the proposed expansion of the 7-
Eleven property match the current designations of the existing store and all lots facing the
north side of Woolbright Rd between SW 1St Street and the FEC tracks. The latter are
currently developped with office and retail uses.
The requested FLU and zoning district may also match and support the future land uses
of the adjacent and nearby properties. Given the development activities on and near the
intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the
resultant increase in population and traffic, redevelopment is likely to expand west along
the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block
between the Woolbright corridor and SW 14th Ave.
If the subject request is approved, the project will abut a duplex to the west and face
single-family properties across SW 14th Ave. Appropriate screening and other
compatibility-enhancing features as well as the overall improvement of the property would
likely prevent the negative impact on the nearby residential property values.
The proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which
is reasonably related to the needs of the neighborhood; arguably, it is also consistent with
the current development trends along the Woolbright corridor.
g. Economic Development Impact Determination for Conventional Zoning
Districts. For rezoning/FLUM amendments involving rezoning to a conventional
zoning district, the review shall consider whether the proposal would further Economic
6
Page 536 of 670
Page 7
7-Eleven 101 W Woolbright
LUAR 20-001
Development Program, but also determine whether the proposal would.-
(1)
ould.(1) Represent a potential decrease in the possible intensity of development,
given the uses permitted in the proposed land use category and/or zoning
district; and
(2) Represent a potential decrease in the number of uses with high probable
economic development benefits.
The answer to both questions is "no." The reclassification and rezoning from residential
to commercial designation increase the amount of land generating economic
development benefits.
h. Commercial and Industrial Land Supply,The review shall consider whether the
proposed rezoning/FLUM amendment would reduce the amount of land available for
commercial/industrial development. If such determination is made, the approval can
be recommended under the following conditions.-
(1)
onditions.(1) The size, shape, and/or location of the property makes it unsuitable for
commercial/industrial development; or
(2) The proposed rezoning/FLUM amendment provides substantiated evidence of
satisfying at least four of the Direct Economic Development Benefits listed in
subparagraph "g"above, and
(3) The proposed rezoning/FLUM amendment would result in comparable or higher
employment numbers, building size and valuation than the potential of existing land
use designation and/or rezoning.
See response to the previous criterion "g." The subject reclassification and rezoning
increases the amount of land available for commercial development.
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.
Since the request pertain to expansion of the existing project, criterion "i" does not apply.
CONCLUSION/RECOMMENDATION
As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and
determined that they satisfy the review criteria for the subject applications. Therefore,
staff recommends approvals of the subject requests.
S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\LUAR 20-001\LUAR 20-001 7-Eleven 101 W Woolbright Staff
Report.docx
7
Page 537 of 670
EXHIBIT A
LOCATION MAP
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Page 538 of 670
EXHIBIT B1
CURRENT FLU CLASSIFICATIONS
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Page 539 of 670
EXHIBIT B2
PROPOSED FLU CLASSIFICATIONS
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EXHIBIT C1
7-ELEVEN SITE: CURRENT ZONING
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Page 541 of 670
EXHIBIT C2
7-ELEVEN SITE: PROPOSED ZONING
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y sit I I
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Page 542 of 670
C)
C 14 ca-1 1. L o n g T r
e Lified Planner Gj U N S - R
FLORIDA'S LAW FIRM FOR BUSINESS
PIRMARY OFFiCE
777 South Flagler Drive
Suite 500 East
West Palm Beach, IFIL 33401
T: (561) 650-0719
F: (561) 671-2419
ip jlong@gunster.com
Josh Long, AICP is a real estate senior planner whojoined the firm in 2005.
He was previously a senior planner for the City of West Palm Beach where he created a significant
transferable development rights (TDR) program. Josh works with the firm's attorneys to navigate
the broad range of issues that arise with land use and development, including growth
management, planned unit development, community redevelopment areas, local government
approvals and permits, urban development, variance, rezoning, special exceptions and transfer
development rights.
He has earned the designation of certified planner by the American Institute of Certified Planners i
(AICP), the professional institute of the American Planning Association. This prestigious certification
is the industry's highest level of accomplishment, demonstrating that he has passed the AICP's
comprehensive planning exam, has met specific education and experience requirements and is a
member of the American Planning Association.
FLORIDA'S LAW FIRM FOR BUSINESS
EDUCATION
Southern Illinois University Carbondale, M.P.A^ 2005
Southern Illinois University Carbondale, B.A^ 1996
PROFESSIONAL, ASSOCIATIONS & MEMQERSH|PS
American Planning Association, Treasure Coast Section
Chair
Florida Chapter, American Planning Association
Palm Beach County Planning Congress
HONORS
Certified Planner designated by the American Institute
ofCertified Planners
CIVIC & COMMUNITY SERVICE
American Heart Walk
Marathon of the Palm Beaches
Brandon Wolf
706 Brookside Dr
Indialantic, FL 32903
321-312-5199
bmcguirecs83@gmail.com
PROFESSIONAL EXPERIENCE
7-Eleven, Inc. Irving, TX-May 2016-Present. Senior Real Estate Rep
• Part of the real estate team for 7-Eleven leading the country in deals
• Site acquisition for new store growth
• Negotiating deal terms while working closely with legal department
• Work closely with municipalities and neighborhoods to get sites approved and
entitled.
• Develop a pipeline with our partners to create new store growth for years to come
• Averaging 10 new deals per annum
Lightle Beckner Robison, Inc., Melbourne, FL., August 2010 —May 2016
Commercial Real Estate Broker—Retail Associate
• Part of the most dominant retail brokerage team in Central Florida
• Team recognized by CoStar and NAIOP as leaders in the Central Florida Market
• Part of ICSC Next Generation Committee for ICSC Palm Beach County
• Tenant representation both local and national in Nature i.e. Walgreens, 7-Eleven,
Jersey Mikes, Bass Pro Shops, SunTrust, Boost Mobile, Dollar General, etc...
• Responsible to market all retail listings of the company both for sale and lease while
developing lasting relationships within the community.
• Work closely with developers to procure sites that meet the criteria of their given
clients.
• Buying, selling, and leasing all types of Commercial Real Estate with specialization
in retail assets
1
Page 545 of 670
• Working on a team to handle all aspects of the transaction from marketing, listing,
touring, contract negotiation, and closing, brainstorming and strategizing.
• Work closely with planning and zoning departments in each municipality and
overcome obstacles that may arise within a specific trade area and site.
• Strategizing to grow personal business while creating and promoting brand
exposure for the company; through cold calling, canvassing, and networking events.
State Farm Insurance Merritt Island, FL - August 2014 - May 2015
EDUCATION
• University of Central Florida, Orlando, FL—B.A. Business Administration 2009
• Dean's List multiple semesters
• Real Estate Licensure Course
INTERESTS
• Travel
• Surfing
• Outdoors
2
Page 546 of 670
Neil Campbell
a0pue||
AL
� ���� � ��
�� �� N U U��K
APT� " " �
Professional Qualifications
Education
Mr. Campbell isanOperations Manager located inthe Miami Lakes Florida �oevv�h
� 8S, Geology, University of
over 28 years of experience in the environmental consulting and construction field. His
Edinburgh Scotland, UK
current duties as an Operations Manager include program nnanagennentforstat� '
commercial, private, and multinational corporate clients. Mr. Campbell serves as Othe'Tnyimimg
Program Manager for programs that require coordination of resources, client reporting D8UA Hazardous Waste
from several project managers, and where several disciplines may be covered. Mc Operations (UAZVVDPER)8-Uou/
Campbell manages proposals, budgets, and execution of projects with a team structure Refresher
that allows delegation to specialized areas of support. Programs that established in the lO_U/OSHA Construction
past include disciplines indue diligence,geologic studies, solid waste consulting, Training
groundwater studies, health and safety studies, soil and groundwater assessments, and
8-Hr OSHA Hazardous Waste
remedial design.
Operations Supervisor Training
Sample Projects 4O-U/OSHA Hazardous Waste
���m��er, ����mn� ���e Enw�r�mmnem��X ���m�t�r�m8�n� �est�r���om ��w��7om, Operations Safety Training, 1991
Enw�rc�mmnem�,anoCc�nnc� no, OSHA Disaster Site Worker
Mr. Campbell currently performs the duties of the APTIM Contract Manager. He Training
provides oversight of the contract management team. He is responsible for Location
customer satisfaction; client meetings, as needed; contract submittals and
Miami Lakes' Florida
reports; oversight ofthe development and execution ofWork Plan/Cost
Estimates. management and coordination of contamination related projects; State and County Experience
conducting and managing environmental studies and resource reviews; 28 years
managing stakeholder relationships; analyzing project budgets and accounting;
Highlights
planning and scheduling projects; reviewing and editing technical reports;
overseein0sub'consu|tant management; handling documents, reporting and Over 25years' experience on
data Quality Assurance/Quality Control (Q//QC). Florida Department of
Environmental Protection and
�c�m", otr"i , I 'vt ('tc�m,amn,m"1"�oms e snnem� �,J enne�J S Miami Dade County projects
c� no, Miami Dade County, Florida
Mr. Campbell was previously and currently performs the duties of the APTIM Department ofTransportation
Contract Manager. He provides oversight of the contract management team. He and Florida Department of
is responsible for customer satisfaction; client meetings, as needed; contract Environmental Protection
submittals and reports; oversight of the development and execution of Work Contract Manager
Plan/Cost Estimates. management and coordination of contamination related Florida Operations Manager
projects; conducting and managing environmental studies and resource reviews;
managing stakeholder relationships; analyzing project budgets and accounting;
planning and scheduling projects; reviewing and editing technical reports;
overseein0sub'consu|tantmana0ennent; hand|in0documents, reportin0and
data Quality Assurance/Quality Control (Q//QC).
�e�7om�� �em�or �r��eot V EUewem, UmoS 1, m 4J,;", 1(M,1','1,
�res�m�
Managing Florida district work with over 24Oactive projects ranging from UST upgrades
to assessment and remediation.A team of 20 personnel from four Florida offices
conducts projects. Mr. Campbell's responsibility includes client liaison and oversight of
regulatory correspondence, management of staff in the C,A/CC program review, and
management of project personnel and resources. Conducts budget and scope reviews at
program level and meetings with client to assist in planning and identification of the
materials and practices required by store operators to reduce compliance risk.
APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | I
| |
Page 547 of 670
u�c�,uow
Mr. Campbell assisted in the management of the contract and field operations for the assessment activities conducted along the
right-of-way. Duties included preparation of soil and groundwater Level I and Level 11 contamination assessments. He was also
responsible for supervising field personnel and subcontractors and responsible for the coordination of environmental
remediation activities inareas offuture construction.
��'e ������ E���n�7om �r��e«±, ��Urn �e�o� ��mm�� �� S"u,, S0, "
StateRoad8Onnanagennentindudedrennedia| effortzforthehght-of-wayparce|s. Pndectindudedsourcerennova|' hazardous
waste removal, and rapid in situ remediation using air sparge technologies. Duties included the preparation of work plan and
cost estimates, review of Letter of Authorization,field crew management, and negotiations with the FIDEP and Palm Beach
Department of Environmental Resources Management to expedite the remedial efforts for the roadway construction.The
project ultimately involved the removal and closure assessment ofapproximately 48 USTs' 8 oi|/materseparators' and 28
hydraulic lifts along State Road 8O.
�r��e«± �c7em���t, Emner�emo��e���m��,T�n�erwsTr�7m, "I" � 'm 'er"3��e,
Mr. Campbell served as Environmental Coordinator for soil and groundwater assessment and remediation as part ofan
emergency response on atrain vs. Hess fuel tanker collision in Ft Lauderdale. Mr. Campbell was client representative during the
initial response and coordinated environmental oversight for the emergency response team and guidance for initial remedial
action efforts. Completed assessment,and remedial system design and install of remedial system in 10 days to allow for the
reopening of major roadway to public traffic. Removed over 1,600 tons of petroleum-contaminated soils and the road was
repaired within the FDOT specific timeframe utilizing over SO staff and subcontractors at a cost of$6S6,000.
���m��er, �re-�c�m�����om �r��e��Tr�n�Ger�me �A7�emoe, C�m�c� ���8��s ��m����Ue ��c���om��hr�m���m� �� �0��
Directed program for the completion of Phase I Environmental Site Assessments for 200 facilities within 30 days in Florida in
accordance with ASTM 1S27-94 through 99. When needed' Phase || ESAs were used to develop remediation cost estimation and
regulatory negotiation strategies.
E���e�7om U��r�gr�mn ���m��er, ��mnpU��mce ����om�� Enw�r�mmnem�a� ��mn�R�noe �m���r� �r��r�nn, �0M�
Conducted under attorney-client privilege for global customer. Mr. Campbell was responsible for the management ofover 140
personnel with field deployment and auditing of941facilities tocheck on the compliance to local to federal lows. Completed
this project in7 months.
Enw�rc�mmnem'aX ���r�7m���r, �m�e� ��a�es ���t�X �erw��e,���e�t�s�n� �e��-���e� ��7m��mrweV��f���
Responsibilities included oversight of staff in the process of site inspection and completion of final report on findings for
submittal tothe client.
c�f�meX ��m��nn�m���om, �meXTernn�m�X,�r�m� ���nn�m, �r�t��hV�est Um�7e�,Te��o���r���e�m,
�00�
Directed the project,teamed with engineers in the design, and permitting for the installation of a soil and groundwater remedial
system. Groundwater treatment involved collection trench and recovery well combined technology and SOO gallons per minute
pumping capacity.The project used the high flow recovery well for hydraulic control of liquid-phase hydrocarbons lens adjacent
to the reef near Georgetown, Grand Cayman.The project also included the recovery ofliquid-phase hydrocarbons from monitor
wells.
em'""m�J �Ienne�����om, �egroUe�nn�n� S nor"; S c�nn�s; L,'S\�, �00�
Project Manager responsible for remedial action atretail petroleum site on St.Thomas, US Virgin Islands. Project involved
Superfund cleanup of solvents through pump and treat, dual-phase extraction and hydraulic oil cleanup through soil excavation.
Project also involves, bio-sparging of groundwater with oxygen enriched air and soil vapor extraction.
�00�
Hearing conservation study at United States Postal Service facilities in South Florida to allow USPS to determine worker
exposure and personal protection requirements as per OSHA.
APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | z
| |
u�u ,uow
Page 548Of670
8.B.
PUBLIC HEARING
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Approve request for Conditional Use and Major Site Plan Modification
(COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept#1039 to allow redevelopment of an existing
convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6) pump
stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel
located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso,
Creighton Development.
Explanation of Request:
The project consists of the unification of one (1) commercial property to the south currently developed with an
outdated, single-story building and two (2) residential properties to the north currently developed with two (2)
single-story duplex buildings, to result in a total of 1.05 acres. The principal building on the commercial
property is currently occupied by a old 24-hour 7-Eleven Convenience Store with varying non-conformities
with current Land Development Regulations. The applicant proposes to redevelop the property with a new and
updated 24-hour 3,454 sq. ft. 7-Eleven convenience store and gas station.
The Gas Station use requires Conditional Use approval, which is being processed concurrently with the
request for Major Site Plan Modification, as well as Land Use Map Amendment and Rezoning of the two (2)
residential properties to the north.
The Planning and Development Board at the meeting of February 25, 2020 recommended denial of the
project with a 4-3 vote.
How will this affect city programs or services? N/A
Fiscal Impact: N/A
Alternatives: None recommended.
Strategic Plan:
Strategic Plan Application: N/A
Climate Action:
Climate Action Discussion: N/A
Is this a grant?
Page 549 of 670
Grant Amount:
ATTACHMENTS:
Type Description
D Staff Report Staff Report
D Location I\Aap EXHIBITA, 7-Eleven Location I\Aap
D Drawings EXHIBIT E. Project Drawings
D Addendum EXHIBIT C, Conditional Use Justification
D Development Order Development Order
D Attachment Resumes
Page 550 of 670
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 20-003
STAFF REPORT
TO: Chair and Members
Planning and Development Board
THRU: Ed Breese
Planning and Zoning Administrator
FROM: Luis Bencosme
Planner II
DATE: February 10, 2020
PROJECT NAME: 7-Eleven 101 W Woolbright Rd
COUS 20-001 / MSPM 20-002
REQUEST: Approve request for Conditional Use and Major Site Plan
Modification (COUS 20-001 / MSPM 20-002) for Southland Corp
Tax Dept #10391, to allow a 3,454 sq. ft. convenience store, a
3,096 sq. ft. gas station canopy composed of six (6) pump
stations, and related site amenities and improvements, on a 1.05
acre parcel, located at 101 W. Woolbright Road, in a C-2
(Neighborhood Commercial) zoning district. Applicant: Shane
Laakso, Creighton Development.
PROJECT DESCRIPTION
Applicant: Shane Laakso, Creighton Development
Property Owner: Southland Corp Tax Dept#10391
Agent: Michael Amodio, Keith
Location: 101 W. Woolbright Road
Existing Land Use/Zoning: Local Retail Commercial (LRC), Low Density Residential (LDR)
and Medium Density Residential (MEDR) / Neighborhood
Commercial (C-2), Single-Family Residential (R-1A) and Single-
Family and Two-Family Residential (R-2)
Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2)
Proposed Uses: Gas Station with convenience store
Acreage: 1.05 Acres
Page 551 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 2
Adjacent Uses:
North: Right-of-way of SW 14th Avenue; further north developed single-
family property classified as Low Density Residential (LDR) and
zoned R1A (Single-Family), and two-family residential property
classified as Medium Density Residential (MEDR) and zoned R2
(Single-Family and Two-Family Residential).
South: Right-of-way of W. Woolbright Road; farther south, developed
cemetery (Boynton Beach Memorial Park), classified as Public
and Private Governmental/ Institutional (PPGI) and zoned PU
(Public Usage);
East: Developed single-tenant commercial property (Shell Gas station
and convenience store), classified as Local Retail Commercial
(LRC) and zoned C-2 (Neighborhood Commercial); and
West: Developed multi-tenant commercial property, classified as Local
Retail Commercial (LRC) and zoned C-2 (Neighborhood
Commercial).
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 ft. of the subject project were mailed a notice of this request
and its respective hearing dates. The applicant has certified that signage has been posted and
notices mailed in accordance with Ordinance No. 04-007.
BACKGROUND/ PROPOSAL
The project consists of the unification of 1 commercial property to the south and 2 residential
properties to the north, a total of 1.05 acres, in order to expand the commercial property and
redevelop it with a new and updated 24-hour 3,454 sq. ft. convenience store and a 3,096 sq. ft.
gas station canopy composed of 6 pump stations. The existing commercial property currently
has an existing 24-hour 7-Eleven convenience store building that is to be demolished.
The applicant has submitted applications for Conditional Use and Major Site Plan Modification,
which are being processed concurrently with the Land Use Map Amendment and Rezoning. The
gas station use requires Conditional Use approval, and the two residential parcels to the north
proposed to be incorporated into the development plan, require changes to their Land Use
classification and Zoning designation.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform to. Following each of these standards is the Planning
and Zoning Division's evaluation of the application as it pertains to each of the standards. In
Page 552 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 3
addition, the applicant has submitted a separate detailed justification statement that addresses
each of these standards (see Exhibit"C" —Justification Statement).
The Planning & Development Board and City Commission shall consider only such conditional
uses that are authorized under the terms of these zoning regulations and, in connection
therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of
approval including, but not limited to, the dedication of property for streets, alleys, recreation
space and sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens' general welfare, or deny conditional uses when not in harmony with the
intent and purpose of this section. In evaluating an application for conditional use approval, the
Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory
provisions have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
Currently the subject property does not have safe and functional primary points of
ingress/egress and efficient traffic flow and control due to its outdated parking lot design
and lack of vehicular traffic control markings. The driveway on the east side of the property
is excessively wide as it extends nearly the entire length of the east property line and is too
close to the intersection. The driveway is used by motorists to access 4 back-out parking
spaces located on the east side of the building, which are not conforming to current off-
street parking lot standards or ideal for efficient, convenient and safe traffic circulation.
Furthermore, the property has two additional driveways on the south side. One of the
driveways is also excessively wide and dangerously close to the intersection, which can
result in vehicular movement conflicts entering or exiting the site.
According to the new Site Plan, the applicant proposes to reduce the amount and overall
width of the driveway openings along W. Woolbright Road from 2 two-way driveways to 1
two-way driveway 35 feet in width, as well as reduce the width of the two-way driveway
opening along S. Seacrest Boulevard to 25 feet. Both driveways have been proposed
further away from the intersection to enhance the safety of motorists entering and exiting
the site. Additionally, 2 two-way drive aisles with clear vehicular traffic control markings
have been proposed throughout the site to ensure safety and efficient vehicular traffic
control, flow and circulation.
The site has existing sidewalks along both S. Seacrest Boulevard and W. Woolbright Road.
Sufficient pedestrian access to the site is proposed on the northeast side of the property
with the construction of a new walkway leading from the existing sidewalk along S.
Seacrest Boulevard and connecting directly to the convenience store entry doors, as well
as a new walkway leading from the existing sidewalk along SW 14th Avenue and leading to
the store entrance. The convenience store is lined with walkways with a covered bike rack
proposed near the building entrance on the east side of the building.
2. Off-street parking and loading areas where required, with particular attention to the items in
standard#1 above, and the economic, glare, noise, and odor effects the conditional use will
have on adjacent and nearby properties, and the city as a whole.
Page 553 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 4
The minimum parking spaces required for gas stations is calculated at 1 parking space per
250 sq. ft. of gross floor area. The proposed gas station would be required to provide a total
of 13 standard parking spaces and 1 accessible parking space as the size of the proposed
principal building is 3,454 square ft. The site plan depicts the required 14 parking spaces
distributed throughout the site as follows: 10 parking spaces in front of the building including
1 accessible parking space, 3 diagonal parking spaces located near the southeast corner of
the site and 1 parallel parking space located next to the air/ vacuum unit. The proposed
accessible parking space has been conveniently located in close proximity to the building's
front door to allow patrons safe and quick access to the convenience store. The proposed
location of the parking spaces would not create or increase the negative effects caused by
glare, noise and odor as they have been located away from adjacent properties and have
been effectively screened with dense landscaping around the perimeter of the property as
required by the City's landscape code. Furthermore, the site plan includes a 12 ft. by 35 ft.
loading zone/ dumpster enclosure approach on the northwest side of the building, which
does not conflict with traffic flow, as it is separated from the drive aisles.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
A dumpster has been proposed near the northwest corner of the property, and setback
approximately 20 ft. from the west and north property lines. Additionally, there is a 6 ft. tall
masonry perimeter buffer wall and landscaping to further reduce any impacts to surrounding
properties. The refuse area is screened by both an enclosure composed of a 7 foot - 4 inch
tall decorative walls and Cocoplum hedge installed and maintained at least half the height of
the enclosure walls. Trash would be removed on a standard schedule. Solid waste does not
anticipate a significant increase in waste as a result of this application. However, should the
waste flow create an issue, the waste pick-up frequency shall be increased to accommodate
it. Additionally, a 60 ft. clear area has been provided to ensure efficient trash pick-up, which
should not disrupt the flow of traffic in the drive aisles.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would
continue to be available and provided, consistent with Comprehensive Plan policies and City
regulations. No additional impacts are anticipated with this application.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed landscape has been designed with an emphasis on screening, aesthetics,
and sustainability through the use of dense, native, drought tolerant plants, as well as a
variety of butterfly attracting trees (Glaucous Cassia and Simpson Stopper), shrubs
(Firebush and Wild Coffee) and groundcovers (Perenial Peanut, Purple Trailing Lantana,
Plumbago, Indian Hawthorne and Coontie).
The site is a corner lot surrounded by single-family (R1A) and two-family (R2) residential
properties to the north and commercial properties (C2) to the east and south. Additionally,
the property abuts a single-family residential (R1A) property and a commercial property (C2)
to the west. The adjacent commercial property on the southwest side of the site has a
similar zoning designation (C2) as the subject site and would require an Urban Landscape
Buffer Type 1 comprised of a continuous hedge of at least 3 ft. in height and one tree
spaced every 30 linear ft. The adjacent residential property on the northwest side of the site
is zoned Single-Family (R1A), which would require a Buffer Type 3 comprised of a variety of
densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or
Page 554 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 5
berm. In order to minimize the impact of the new gas station on adjacent properties, the
applicant is proposing a Buffer Type 3 along the entire interior side (west) and rear yard
(north) property lines. The buffer has been designed with a 6 ft. tall decorative wall, a variety
of densely planted shrubs and groundcover on both sides of the wall, and native large
canopy trees, medium size trees and palm trees. Additionally, in order to provide adequate
screening along the west side property line, the applicant is proposing to use medium size
trees (Sympson Stopper) in lieu of palm trees between the large canopy trees (Live Oak).
Additionally, in order to ensure the proposed landscape buffer along the west side of the
property is adequate staff has included the following Condition of Approval: At time of
inspection of the installed landscaping between the store/ gas station and the residential
structures, the applicant shall provide a dense barrier restricting the view between the two. If
not, additional landscaping will be required to be installed.
The proposed landscape strip along the corner side yard (east) and front yard (south)
property lines have been designed to meet the City's Landscape Code requirements for
urban landscape strips abutting rights-of-ways. The landscape strip is composed of a variety
of native, colorful and flowering plant material on the north side and south side of the entry
drive, as well as two signature trees (Glaucous Cassia) on each side of the entry drives. The
landscape strip is comprised of a continous, densely planted hedge (Cocoplum); colorful
and flowering groundcover (Muhly Grass, Purple trailing Lantana, Indian Hawthorne,
Perenial Peanut, Wax Jasmine and Plumbago); and trees (Green Buttonwood and Black
Olive). Additionally, staff included the following Condition of Approval to ensure the diagonal
parking spaces near the rights-of-ways are screened from view: At time of final inspection of
the installed landscaping at the corner of the property designed to screen the 3 parking
spaces from the rights-of-way shall provide a dense barrier. If not, additional landscaping
will be required.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect,
and compatibility and harmony with adjacent and nearby properties.
The property currently has a functioning legal-nonconforming pole sign located on the
southeast corner. The applicant has agreed to remove the pole sign and is proposing to
install a monument sign near the entry drive on the south side of the site, as well as a
second momument sign near the northeast corner of the site. Staff has included a Condition
of Approval to ensure the northerly monument sign is placed closer to the entry drive, further
from the residential properties. Staff is requiring the monument signs to be designed with
similar architectural features, materials and colors as the principal structure. The signs will
also include LED digital technology to display regular gas and diesel prices. Although the
City code currently prohibit the use of electronic signs, recent legislative amendments
prohibit the City from restricting the visibility of signage displaying gas pricing. This
preemptive legislative requirement would only apply to pricing and not to other merchandise
and other services. Furthermore, 2 internally illuminated wall signs with LEDs have been
proposed for the building; a sign located on the south elvevation, facing W. Woolbright Road
and another sign on the east elevation, facing S. Seacrest Boulevard. The pump island
canopy will include energy efficient LED recessed canopy lighting that will provide proper
lumen levels and ensure safety for all gas station pump users.
The proposed Photometric Plan shows the installation of 4 light poles. In an effort to
diminish the negative impact of glare and light spillage onto surrounding properties, the light
fixures will be full cutoff design and pointed towards the inside of the property. According to
the Photometric Plan, the light levels will be below the code maximum of 5.9 foot candles
and close to 0 around the perimeter of the property. However, the lighting levels underneath
Page 555 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 6
the pump island canopy exceed 5.9 foot candles, as additional lumens are allowed for safety
associated with credit card transactions. The building will have 7 wall mounted fixtures along
the west, south and east facades and 8 ft. long LED batten strip recessed lighting fixtures
under the front canopies affixed to the front facade to provide adequate lighting levels
immediately around the building and ensure sufficient visibility and safety. The pump island
canopy will be illuminated by recessed canopy LED light fixtures, which are designed to
prevent glare. Staff has included a Condition of Approval to ensure a note is added to the
Photometric Plans that all lighting shall utilize warm white LED lighting.
7. Required setbacks and other open spaces.
The gas station building and pump island canopy is proposed to meet or exceed the
minimum setback requirements for gas stations on properties zoned C-2. The required and
proposed minimum principal building setbacks are: front (south) required 35' — proposed
143.55'; rear (north) required 20' — proposed 20'; side corner (east) required 35' — proposed
40.86'; and interior side (west) required 20' — proposed 72.64'. The required and proposed
minimum setbacks for the pump island canopy are: front (south) required 20' — proposed
49.99'; side corner (east) required 20' — proposed 53.51'; and interior side (west) required
20' — proposed 41.78'.
8. General compatibility with adjacent properties, and other property in the zoning district.
The convenience store and gas station are generally compatible with the commercial
properties along W. Woolbright Road and S. Seacrest Boulevard. The gas station would
provide a needed service for local residents and nearby businesses, as well as vehicles
traveling west on W. Woolbright Road and south on S. Seacrest Boulevard. The building's
modern design is typical of most commercial structures with a mix of smooth stucco painted
with two complementary colors, Balanced Beige and Aesthetic White, and split-face blocks
painted Balance Beige. Also, the building has a parapet roof design with a transition
between high impact EIFs cornice finished with stucco and dark bronze prefinished metal
parapet cap to create an interesting transition. The south and east facades have a set of
vision glass windows, doors and prefinished eyebrows. The rear facade has been designed
appear as building frontage with vertical and horizontal articulation, two faux windows that
would have the same appearance as vision glass windows, a pre-finished metal canopy
above each window, and a decorative building medallion and high impact EIFs cornice on
each side column.
The current and outdated 7-eleven convenience store, constructed in 1960, has been
providing the neighborhood 24-hour convenience/ grocery services for many years. The
new, modern convenience/ grocery store and gas station is intended to continue to operate
24-hours per day. According to the Project Narrative, the store is an integral part of the
neighborhood and requires an update in size and services in order to meet the needs of its
customers as the City continues to grow. Additionally, the project includes the acquisition of
2 residential lots to the north to ensure the commercial property conforms to the C-2 zoning
district minimum required lot depth of 100 feet as Palm Beach County has requested a 30-
foot right-of-way easement on the south side of the property for future W. Woolbright Road
right-of-way expansion. In order to reduce any potential negative impacts to adjacent
residential properties to the west and abutting residential properties north of SW 14th
Avenue, the applicant has provided a dense, aesthetically pleasing multi-tiered buffer
consisting of palm trees, large and medium size native trees, two staggered rows of shrubs,
and a 6-foot tall decorative masonry wall. The applicant has committed to install more
mature plants and trees along the north and west property lines at time of planting, if
Page 556 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 7
needed, in order to ensure adequate buffering is provided. Also, the building and pump
islands have been placed further from the residential properties (more than twice the
required interior side setback), with the pump island shielded by the convenience store and
landscape buffer.
9. Height of building and structures, with reference to compatibility and harmony with adjacent
and nearby properties, and the city as a whole.
The convenience store building has been designed as a one-story structure, with varying
heights and a maximum height of 20 ft. - 3 in., which is compatible with the height of
structures on adjacent and nearby commercial and residential properties. The proposed
height is under the maximum allowable C-2 zoning district height of 25 ft. Additionally, the
highest point of the pump island canopy is 17.5 ft.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The overall economic effects of the proposed convenience store and gas station uses on
adjacent and nearby properties, and the City as a whole, will be minimal, other than the
enhanced condition of the property with the upgraded building and site features.
Furthermore, the City would benefit from fees associated with building permit applications
and certificate of use. It is a local convenience as intended by LRC future land use
designation. Additionally, it provides commercial retail services, which support the resident
and visitor populations.
11. Where applicable, the proposed use furthers the purpose and intent of a corresponding
mixed-use zoning district or redevelopment plan;
A mixed use zoning district or redevelopment plan is inapplicable to this project. The project
does however remove a dated structure and further enhance the redevelopment of the
Woolbright Road corridor.
12. Compliance with, and abatement of nuisances and hazards in accordance with, the
performance standards of Chapter 2, Section 4.N. of the City's Land Development
Regulations and conformance to the City of Boynton Beach Noise Control Ordinance.
The project would not create smoke, odors, fumes, or toxic matter that would negatively
impact the neighboring properties. The fueling stations are subject to federal and state
safety standards, which provide protections from the nuisances and hazards of fuel. All
convenience store activity takes place entirely within the fully enclosed building. As indicated
above, the applicant is proposing to screen the site with dense landscape composed of
trees and hedges around the perimeter of the property that should be sufficient to prevent
noise associated with operations to become an issue. With incorporation of all conditions
and staff recommendations contained herein, the proposed use would exist in a manner that
is in compliance with the above-referenced codes and ordinances of the City of Boynton
Beach.
13. Required sound study and analysis. All conditional use applications for bars, nightclubs and
similar establishments shall include the following analysis performed by a certified acoustic
engineer. a. Data on the sound emitting devices/equipment and the methods and materials
to be used to assure that the acoustic level of the City Code will be met; b. The analysis
shall specify the authority and/or basis for determination of the acoustic level of the sound
emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection
Page 557 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 8
shall include information such as the nature, types and coefficients of sound absorbent and
sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows,
and floors and insulation to be used; and/or d. It shall also verify that sound standards shall
be met during the normal opening of doors for people entering and exiting the
establishment.
This standard is inapplicable to this Project because there are no proposed uses for bars,
nightclubs, and similar establishments.
14. All applications for approval of a new site plan, major site plan modification, or minor site
plan modification (resulting in an increase, or replacement, of building square footage by five
thousand (5,000) square feet or more), involving multi-family and planned unit residential,
non-residential, and mixed use development shall incorporate a sufficient number of
sustainable design options from Table 3-1, Sustainable Development Options and Points, to
demonstrate achievement of the minimum number of points required below:
1. Multi-family residential development consisting of a minimum of three (3) dwelling units
and up to twenty-five (25) shall achieve at least fifteen (15) points.
2. Multi-family residential development consisting of more than twenty-five (25) dwelling
units shall achieve at least twenty(20) points.
3. Mixed use and planned unit residential development consisting of a minimum of three
(3) dwelling units and up to twenty(20) shall achieve at least fifteen (15) points.
4. Mixed use and planned unit residential development consisting of a minimum of twenty-
one (21) dwelling units and up to fifty(50) shall achieve at least twenty(20) points.
5. Mixed use and planned unit residential development consisting of more than fifty(50)
units shall achieve at least twenty-five (25) points.
6. Non-residential development of a size less than one (1) acre shall achieve at least
twenty(20) points.
7. Non-residential development of a size greater than one (1) acre shall achieve at least
twenty-five (25) points.
Although not subject to the newly adopted sustainability Regulations due to the building not
meeting the minimum 5,000 square foot threshold, the applicant has proposed the following
sustainable characteristics:
1. Utilization of warm white LED lighting;
2. Landscape Plan has been designed to utilize 9 different types of butterfly attracting
trees, shrubs and groundcovers;
3. Flat roof to be painted white;
4. Utilization of cool light colors for the body of the building;
5. Use of awnings to provide shade over all windows and doors; and
6. All sod and landscape to receive 100% coverage with 100% overlap from an
automatic irrigation system using re-use water source.
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and
conditional use standards, staff recommends APPROVAL of this request for conditional use and
major site plan modification, subject to satisfying all conditions of approval recommended by
staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval
recommended by the Board and required by the City Commission will be placed in Exhibit "D"
accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a
Page 558 of 670
7-Eleven
COUS 20-001 /MSPM 20-002
Page 9
time limit is to be set within which the proposed project is to be developed. Staff recommends
that a period of 18 months be allowed to receive the necessary building permits.
S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W. Woolbright\StaffReport_7-
Eleven Woolbright Road.doc
Page 559 of 670
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KEITH
November 27, 2019
Edgar Breese
Planning & Zoning Administrator
Development, Planning & Zoning
3301 Quantum Blvd., Suite 101
Boynton Beach, Florida 33426
RE: 7-ELEVEN (#10391) CONDITIONAL USE PERMIT — STANDARDS FOR EVALUATING
CONDITIONAL USES
Mr. Breese,
On behalf of the 7-Eleven, Inc. ("Applicant"), KEITH is pleased to submit this letter as part of the
conditional use application for a property located at 101 W. Woolbright Road (the "Subject Property"),
which is being filed concurrently with a Land Use Plan Amendment/Rezoning Application and a Site
Plan Application.
The Subject Property consists of(3) folios:
• 08434528130120210 — 101 W. Woolbright Road
0 08434528130120010 - 104 SW 14th Avenue
0 08434528130120030 — 112 SW 14th Avenue
Site Information
The Subject Property totals approximately 45,741.51 gross square feet (1.05 +/- acres) located on the
northwest corner of W. Woolbright Road and S. Seacrest Boulevard in the City of Boynton Beach, FI.
The commercial parcel currently contains a 2,786 sq. ft. convenience store without gasoline sales,
associated parking, and minimal landscaping. The residentially zoned properties are each developed
with a single-family home or duplex. From Woolbright Road, the site is accessible through an existing
55-foot wide driveway and an additional 25-foot driveway, approximately 17 feet west of the 55-foot
driveway. Both driveways along Woolbright allow right-in/right-out traffic movements. On Seacrest
Boulevard, the site is accessible from an existing, right-in/right-out 66-foot wide driveway. An existing
pylon sign is located at the intersection.
Future Land Use and Zoning
The Subject Property contains multiple zoning and land use designations - Neighborhood Commercial
(C-2) and R-2 Single and Two-Family Residential (R-2) zoning and Local Retail Commercial (LRC) and
Medium Density Residential (MEDR) land use. The applicant has submitted a separate, concurrent
Land Use Plan Amendment/Rezoning Application to amend the residential properties' land use and
zoning to a land use and zoning that will allow for the proposed conditional use.
Proposed Development
The Applicant proposes to redevelop the Subject Property with a new 3,454 square foot convenience
store and a gas canopy with six fuel pumps, a total of 12 fueling positions. To buffer adjacent
Corporate Office Miami-Bade County Broward County Palm Beach County Orange County
301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N Federal Hwy 321 N Crystal Lake Drive
Pompano Beach Doral Fort Lauderdale Suite 208 Suite 208 Page 577 of 670
FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 Orlando,FL 32803
954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400
November 27, 2019/Page 2 of 6
7-Eleven (#10391)Conditional Use Permit
Standards for Evaluating Conditional Uses
residential uses, the Applicant proposes a six foot masonry wall with tiered landscaping along the north
and west property lines. This creates an aesthetically pleasing, significant buffer for properties along
Harding Avenue. The project will reduce the number of driveway access points along Woolbright Road
and reduce the width of the driveway along Seacrest Boulevard. The driveway improvements will
provide a safer traffic pattern for motorist and pedestrians.
Conditional Use Standards
The City of Boynton Beach's Land Development Code allows gasoline stations as conditional uses
within the C-2 zoning district.
The proposed use complies with all of the Conditional Use criteria found in Chapter 3, Article IV,
Section 4.0 of the Boynton Beach Land Development Regulations ("Section 4.0"). A summary of each
standard, followed by a discussion of how it is met, is set forth below:
Standard 1. Ingress and egress to the Subject Property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
Finding 1: The Subject Property is currently developed with a convenience store,
associated parking, and minimal landscaping. Large existing curb-cuts (two along Woolbright
and one along Seacrest) are located close to the intersection of Woolbright Road and Seacrest
Boulevard. This creates increased opportunity for both vehicle/vehicle conflict and
vehicle/pedestrian conflict. Existing perimeter landscaping separating vehicle use areas from
the pedestrian network is essentially non-existent due to the existing driveway widths
accounting for the majority of both site frontages. The Subject Property does not accommodate
Palm Beach County's ultimate Right-of-Way for Woolbright Road. When the full ROW is
provided, the County will be able to enhance traffic flow adjacent to the site.
The proposed redevelopment of the site includes the demolition of the existing convenience
store structure and the construction of a new convenience store with a fuel pump canopy and 12
fueling positions. As required by Palm Beach County, the Applicant is dedicating 30 feet of
ROW along the Woolbright Avenue frontage to accommodate the arterial's ultimate ROW width.
This dedication significantly reduces the width of the convenience store parcel to only 92' and
dramatically limits the ability to utilize the Subject Property. To increase the size of the site and
enhance automobile and pedestrian safety, and traffic flow and control, the Applicant acquired
the two contiguous residential properties to the north. The combination of the three lots allowed
for improved automobile maneuvering, pedestrian safety and improves traffic flow as part of the
redevelopment.
The proposed redevelopment will reduce the number of existing driveways along Woolbright
from two to one. In addition to the reduction in the number of driveway openings, the width of
the driveways will be reduced from approximately 50 feet to 35 feet. The new curb cut will be
shifted away from the intersection by an additional 80 feet. Where the existing driveway is 40
feet away from the intersection, the proposed driveway will be 120 feet away. Further, the width
of the existing driveway to Seacrest Boulevard will be reduced from approximately 66 feet to 25
feet. The proposed driveway location will be located further from the intersection (approximately
100-feet compared to the existing 40 feet).
The proposed reduction in the number of driveway openings, the reduced width of the
driveways, the increased distance of the proposed driveway locations from the intersection, the
Engineering Inspited Design,
Page 578 of 670
November 27, 2019/Page 3 of 6
7-Eleven (#10391)Conditional Use Permit
Standards for Evaluating Conditional Uses
longer throat distance, and the larger site entrance vehicle circulation all significantly reduce the
opportunity for potential vehicle/vehicle and vehicle/pedestrian conflict as well as provide for
better traffic flow and control and access in case of fire or catastrophe.
Standard 2: Off-street parking and loading areas where required, with particular attention to the items
in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have
on adjacent and nearby properties, and the city as a whole;
Finding 2: The proposed site plan improves the site's off-street parking and loading
configuration in conjunction with the enhanced traffic safety as described in C-1, above. The
new parking spaces are located further from the egress/ingress points of both rights-of-way,
providing safer vehicular access and circulation within the site. Proposed loading areas are
located away from parking areas to limit conflict with proposed business operations.
Additionally, the loading zone is located as far as possible from adjacent residential uses and is
significantly buffered with a wall and landscaping. The site is developed with a 6-foot wall and
substantial tiered landscaping, providing a substantial buffer for adjacent properties which
further minimizes glare and noise. This limits any adverse impact of proposed site operations.
Lighting associated with the parking and loading areas is both sensitive to adjacent properties
and is also intended to provide a safe, CPTED-supportive condition for customers fueling
vehicles and walking between the pumps and convenience store. The lighting plan
accomplishes this by utilizing full-cutoff, baffled light fixtures, that are angled as necessary to
direct light to the desired locations while minimizing undesirable light externalities. The project
proposes a modern state-of-the-art underground storage tank to safeguard against any potential
environmental impact or and odor.
The conditional use as proposed provides no additional impact beyond any use allowed by right
within the C-2 zoning district, and in many cases limit impacts due to the enhanced design and
buffering. Uses allowed within C-2 by-right include: restaurants, coin-operated laundry,
repair/rental/maintenance of home garden tools, Auto/Car Detailing, Automotive Minor Repair,
Automotive Stereo/Alarm Installation.
Standard 3. Refuse and service areas, with particular reference to the items in subsection C.1. and
C.2. above;
Finding 3: The refuse area is located behind the proposed building which facilitates access
for refuse trucks without creating conflicts or onsite safety concerns. The proposed refuse area
will limit impacts on adjacent properties as compared to existing conditions. The Applicant
proposes a six-foot wall and tiered landscaping to provide an opaque buffer between the
properties which will offset any potential impact caused by the refuse container.
Standard 4. Utilities, with reference to locations, availability, and compatibility;
Finding 4: Utilities are available and provide sufficient capacity for the proposed development.
Water Service - The existing 2-inch water main that presently services the site is proposed to be
used to service the proposed site, with the existing water meters being relocated to the east
property line.
Sewer Service - A proposed 6-inch gravity sewer lateral is proposed to be connected to the
existing 8-inch gravity sewer main along the south side of SW 14th Avenue.
Engineering Inspited Design,
Page 579 of 670
November 27, 2019/Page 4 of 6
7-Eleven (#10391)Conditional Use Permit
Standards for Evaluating Conditional Uses
Drainage - Storm water runoff shall be collected in an on-site dry retention area, which will
provide storm water storage and water quality treatment. No off-site discharges are proposed.
Standard 5. Screening, buffering and landscaping with reference to type, dimensions, and character;
Finding 5:
The proposed use will provide significantly enhanced screening, buffering and landscaping as
compared to existing conditions, and beyond that required for a use by right.
North and West Property Buffering
The Applicant is providing a substantial buffer to minimize potential impacts to the residential
properties to the north and west of the site. This includes a buffer system comprised of a wall
and tiered vegetation that exceeds code requirements. The vegetation includes native canopy
trees of varying heights and other vegetation to create a dense, tiered landscape screen along
the edge of the Subject Property. The tree portion of the buffer will provide a dense shield above
the wall. Along SW 14th Avenue, at the rear of the Subject Property, a continuous native hedge
and drought tolerant groundcover will be planted in front of the wall to improve its aesthetics as
well as provide for sound absorption. The wall and vegetation system is also extended along
the interior property line to the south end of the fuel canopy. This extension provides the
maximum buffer for adjacent properties and provides significantly more shielding and buffering
than the existing conditions on the site. The plant material will be installed at larger than code
required specifications to ensure that adequate screening occurs at installation.
East and South Property Landscaping
The ingress and egress of the Subject Property is marked by signature flowering shrubs and
plants that support butterfly ecology. The south buffer along Woolbright Road consists of
existing native trees and proposed canopy trees. A continuous hedge with groundcover
completes the landscape. Florida Privet hedges will screen the dumpster enclosure and layered
shrubs are used to soften the foundation area of the building. This provides an enhanced
aesthetic along this significant roadway.
Standard 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties;
Finding 6: The signs and exterior lighting have been designed to provide safe and clear
wayfinding and site safety while limiting any potential impacts to nearby properties.
Signs
The proposed signage will be sited appropriately to minimize impacts to the surrounding
neighborhood and will be designed consistent with the City's land development code. All
proposed signage and lighting will comply with the City's requirements as outlined in the Land
Development Regulations.
Lighting
The Applicant has designed lighting, as shown by a photometric plan, such that no light
trespass at the property line exists, particularly along the north and west property lines. The
lighting will be full cut-off style directing light in a downward direction, rather than outward,
minimizing light spillage to adjacent properties. Pole mounted lighting was sited to allow
Engineering Inspited Design,
Page 580 of 670
November 27, 2019/Page 5 of 6
7-Eleven (#10391)Conditional Use Permit
Standards for Evaluating Conditional Uses
adequate lighting of the site while minimizing impacts to adjacent properties through angled
fixtures and by using fixtures with baffles that limit the direction of the light. Further, the buffer
wall and vegetation block light between the site and adjacent properties. The building and the
buffer wall with vegetation are sited between the canopy and residential properties to the north
and block all visual impact of canopy and its minimal lighting.
Standard 7. Required setbacks and other open spaces;
Finding 7: The proposed building and gasoline canopy is setback from the right-of-way and
from adjacent property lines as required by the City's Land Development Code requirements.
The proposed landscape design exceeds the amount of required interior landscape required.
Standard 8. General compatibility with adjacent properties, and other property in the zoning district;
Finding 8: The Woolbright Road corridor is an arterial roadway that is primarily developed
with commercial buildings. Seacrest Boulevard is a collector roadway and is generally
developed with residential development, except at key intersections within the city that are
commonly developed with commercial and institutional establishments. The intersection of
Woolbright and Seacrest is one of these key intersections and it is currently developed with
commercial and institutional development. The property directly to the east of the Subject
Property is developed with a service station, which demonstrates that service stations are
appropriate for the area. Woolbright Road has direct accessibility to and from 1-95. Therefore, a
service station serves the demand generated by the high traffic along this arterial roadway. The
proposed convenience store use is consistent with the existing use on the Subject Property
which has been a fixture within the neighborhood for nearly 60 years. Convenience store and
gas station uses are common and complimentary to each other.
The project proposes landscape compatibility buffers that exceed minimum code requirements
by providing an Urban Landscape Barrier between 15' and 20' with tree plantings installed at
mature size.
Gasoline Stations are permitted as a conditional use in the C-2 zoning district, subject to further
use restrictions set forth by Article IV, Section 3, C(46). This section provides location
requirements limiting Gasoline Stations to properties located at three-way or four-way
intersections involving arterial and collector road rights-of-way. The intersection of Woolbright
and Seacrest is one of these intersections. According to the Palm Beach County 2010 Federal
Functional Classification and Urban Area Boundaries Map, Woolbright Rd is classified as a
Minor Arterial and Seacrest Blvd is classified as a Minor Collector Roadway. Given the
designated classification and current development patterns along Woolbright Rd and Seacrest
Blvd, this property is an appropriate location for the proposed use.
Standard 9. Height of buildings and structures, with reference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole;
Finding 9. The proposed building is one-story, and it is replacing a one-story building. The
surrounding commercial and residential area is comprised of low-elevation single-story
commercial and residential structures. The proposed building and structures are consistent with
the surrounding area.
Standard 10. Economic effects on adjacent and nearby properties, and the city as a whole;
Engineering Inspited Design,
Page 581 of 670
November 27, 2019/Page 6 of 6
7-Eleven (#10391)Conditional Use Permit
Standards for Evaluating Conditional Uses
Finding 10: The proposed uses (Gasoline Station with accessory convenience store) provide
services that support the neighborhood and area tourism. The service support of this proposed
development therefore will be likely more valuable than the existing development, which would
increase tax revenues for the City. Further, given the design and development plan, there are
no negative impacts to surrounding properties as discussed elsewhere in this letter.
Standard 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding
mixed-use zoning district or redevelopment plan; and
Finding 11: Not applicable. The Subject Property is proposed to be developed in a commercial
zoning district.
Standard 12. Compliance with and abatement of nuisances and hazards in accordance with the
operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise
Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8.
Finding 12: The proposed development is compliant with the operational performance standards
in Chapter 3, Article IV, Section 1. The proposed development will be constructed, maintained
and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property
located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use
or enjoyment of adjacent or nearby property. The proposed development will comply with all
federal and state regulations for gas stations and convenience stores, which shall ensure that all
nuisance and potential hazards shall be avoided.
Engineering Inspited Design,
Page 582 of 670
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 7-Eleven 101 W Woolbright Rd (MSPM 20-002 /COUS 20-001)
APPLICANT: Shane Laakso, Creighton Development
APPLICANT'S ADDRESS: 900 SW Pine Island Road #202, Cape Coral, FL 33991
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2020
APPROVAL SOUGHT: Request for approval of Conditional Use and associated Major Site Plan
Modification for the construction of a gas station to include a 3,454 sq. ft.
convenience store, a 3,096 sq. ft. gas station canopy composed of six (6)
pump stations, and related site amenities and improvements.
LOCATION OF PROPERTY: 101 W. Woolbright Road
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\7-Eleven 101 W.Wool bright\MSPM20-002 COUS 20-001 DO.doc
Page 583 of 670
C)
C 14 ca-1 1. L o n g T r
e Lified Planner Gj U N S - R
FLORIDA'S LAW FIRM FOR BUSINESS
PIRMARY OFFiCE
777 South Flagler Drive
Suite 500 East
West Palm Beach, IFIL 33401
T: (561) 650-0719
F: (561) 671-2419
ip jlong@gunster.com
Josh Long, AICP is a real estate senior planner whojoined the firm in 2005.
He was previously a senior planner for the City of West Palm Beach where he created a significant
transferable development rights (TDR) program. Josh works with the firm's attorneys to navigate
the broad range of issues that arise with land use and development, including growth
management, planned unit development, community redevelopment areas, local government
approvals and permits, urban development, variance, rezoning, special exceptions and transfer
development rights.
He has earned the designation of certified planner by the American Institute of Certified Planners i
(AICP), the professional institute of the American Planning Association. This prestigious certification
is the industry's highest level of accomplishment, demonstrating that he has passed the AICP's
comprehensive planning exam, has met specific education and experience requirements and is a
member of the American Planning Association.
FLORIDA'S LAW FIRM FOR BUSINESS
EDUCATION
Southern Illinois University Carbondale, M.P.A^ 2005
Southern Illinois University Carbondale, B.A^ 1996
PROFESSIONAL, ASSOCIATIONS & MEMQERSH|PS
American Planning Association, Treasure Coast Section
Chair
Florida Chapter, American Planning Association
Palm Beach County Planning Congress
HONORS
Certified Planner designated by the American Institute
ofCertified Planners
CIVIC & COMMUNITY SERVICE
American Heart Walk
Marathon of the Palm Beaches
Brandon Wolf
706 Brookside Dr
Indialantic, FL 32903
321-312-5199
bmcguirecs83@gmail.com
PROFESSIONAL EXPERIENCE
7-Eleven, Inc. Irving, TX-May 2016-Present. Senior Real Estate Rep
• Part of the real estate team for 7-Eleven leading the country in deals
• Site acquisition for new store growth
• Negotiating deal terms while working closely with legal department
• Work closely with municipalities and neighborhoods to get sites approved and
entitled.
• Develop a pipeline with our partners to create new store growth for years to come
• Averaging 10 new deals per annum
Lightle Beckner Robison, Inc., Melbourne, FL., August 2010 —May 2016
Commercial Real Estate Broker—Retail Associate
• Part of the most dominant retail brokerage team in Central Florida
• Team recognized by CoStar and NAIOP as leaders in the Central Florida Market
• Part of ICSC Next Generation Committee for ICSC Palm Beach County
• Tenant representation both local and national in Nature i.e. Walgreens, 7-Eleven,
Jersey Mikes, Bass Pro Shops, SunTrust, Boost Mobile, Dollar General, etc...
• Responsible to market all retail listings of the company both for sale and lease while
developing lasting relationships within the community.
• Work closely with developers to procure sites that meet the criteria of their given
clients.
• Buying, selling, and leasing all types of Commercial Real Estate with specialization
in retail assets
1
Page 586 of 670
• Working on a team to handle all aspects of the transaction from marketing, listing,
touring, contract negotiation, and closing, brainstorming and strategizing.
• Work closely with planning and zoning departments in each municipality and
overcome obstacles that may arise within a specific trade area and site.
• Strategizing to grow personal business while creating and promoting brand
exposure for the company; through cold calling, canvassing, and networking events.
State Farm Insurance Merritt Island, FL - August 2014 - May 2015
EDUCATION
• University of Central Florida, Orlando, FL—B.A. Business Administration 2009
• Dean's List multiple semesters
• Real Estate Licensure Course
INTERESTS
• Travel
• Surfing
• Outdoors
2
Page 587 of 670
Neil Campbell
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Professional Qualifications
Education
Mr. Campbell isanOperations Manager located inthe Miami Lakes Florida �oevv�h
� 8S, Geology, University of
over 28 years of experience in the environmental consulting and construction field. His
Edinburgh Scotland, UK
current duties as an Operations Manager include program nnanagennentforstat� '
commercial, private, and multinational corporate clients. Mr. Campbell serves as Othe'Tnyimimg
Program Manager for programs that require coordination of resources, client reporting D8UA Hazardous Waste
from several project managers, and where several disciplines may be covered. Mc Operations (UAZVVDPER)8-Uou/
Campbell manages proposals, budgets, and execution of projects with a team structure Refresher
that allows delegation to specialized areas of support. Programs that established in the lO_U/OSHA Construction
past include disciplines indue diligence,geologic studies, solid waste consulting, Training
groundwater studies, health and safety studies, soil and groundwater assessments, and
8-Hr OSHA Hazardous Waste
remedial design.
Operations Supervisor Training
Sample Projects 4O-U/OSHA Hazardous Waste
���m��er, ����mn� ���e Enw�r�mmnem��X ���m�t�r�m8�n� �est�r���om ��w��7om, Operations Safety Training, 1991
Enw�rc�mmnem�,anoCc�nnc� no, OSHA Disaster Site Worker
Mr. Campbell currently performs the duties of the APTIM Contract Manager. He Training
provides oversight of the contract management team. He is responsible for Location
customer satisfaction; client meetings, as needed; contract submittals and
Miami Lakes' Florida
reports; oversight ofthe development and execution ofWork Plan/Cost
Estimates. management and coordination of contamination related projects; State and County Experience
conducting and managing environmental studies and resource reviews; 28 years
managing stakeholder relationships; analyzing project budgets and accounting;
Highlights
planning and scheduling projects; reviewing and editing technical reports;
overseein0sub'consu|tant management; handling documents, reporting and Over 25years' experience on
data Quality Assurance/Quality Control (Q//QC). Florida Department of
Environmental Protection and
�c�m", otr"i , I 'vt ('tc�m,amn,m"1"�oms e snnem� �,J enne�J S Miami Dade County projects
c� no, Miami Dade County, Florida
Mr. Campbell was previously and currently performs the duties of the APTIM Department ofTransportation
Contract Manager. He provides oversight of the contract management team. He and Florida Department of
is responsible for customer satisfaction; client meetings, as needed; contract Environmental Protection
submittals and reports; oversight of the development and execution of Work Contract Manager
Plan/Cost Estimates. management and coordination of contamination related Florida Operations Manager
projects; conducting and managing environmental studies and resource reviews;
managing stakeholder relationships; analyzing project budgets and accounting;
planning and scheduling projects; reviewing and editing technical reports;
overseein0sub'consu|tantmana0ennent; hand|in0documents, reportin0and
data Quality Assurance/Quality Control (Q//QC).
�e�7om�� �em�or �r��eot V EUewem, UmoS 1, m 4J,;", 1(M,1','1,
�res�m�
Managing Florida district work with over 24Oactive projects ranging from UST upgrades
to assessment and remediation.A team of 20 personnel from four Florida offices
conducts projects. Mr. Campbell's responsibility includes client liaison and oversight of
regulatory correspondence, management of staff in the C,A/CC program review, and
management of project personnel and resources. Conducts budget and scope reviews at
program level and meetings with client to assist in planning and identification of the
materials and practices required by store operators to reduce compliance risk.
APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | I
| |
Page 588 of 670
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Mr. Campbell assisted in the management of the contract and field operations for the assessment activities conducted along the
right-of-way. Duties included preparation of soil and groundwater Level I and Level 11 contamination assessments. He was also
responsible for supervising field personnel and subcontractors and responsible for the coordination of environmental
remediation activities inareas offuture construction.
��'e ������ E���n�7om �r��e«±, ��Urn �e�o� ��mm�� �� S"u,, S0, "
StateRoad8Onnanagennentindudedrennedia| effortzforthehght-of-wayparce|s. Pndectindudedsourcerennova|' hazardous
waste removal, and rapid in situ remediation using air sparge technologies. Duties included the preparation of work plan and
cost estimates, review of Letter of Authorization,field crew management, and negotiations with the FIDEP and Palm Beach
Department of Environmental Resources Management to expedite the remedial efforts for the roadway construction.The
project ultimately involved the removal and closure assessment ofapproximately 48 USTs' 8 oi|/materseparators' and 28
hydraulic lifts along State Road 8O.
�r��e«± �c7em���t, Emner�emo��e���m��,T�n�erwsTr�7m, "I" � 'm 'er"3��e,
Mr. Campbell served as Environmental Coordinator for soil and groundwater assessment and remediation as part ofan
emergency response on atrain vs. Hess fuel tanker collision in Ft Lauderdale. Mr. Campbell was client representative during the
initial response and coordinated environmental oversight for the emergency response team and guidance for initial remedial
action efforts. Completed assessment,and remedial system design and install of remedial system in 10 days to allow for the
reopening of major roadway to public traffic. Removed over 1,600 tons of petroleum-contaminated soils and the road was
repaired within the FDOT specific timeframe utilizing over SO staff and subcontractors at a cost of$6S6,000.
���m��er, �re-�c�m�����om �r��e��Tr�n�Ger�me �A7�emoe, C�m�c� ���8��s ��m����Ue ��c���om��hr�m���m� �� �0��
Directed program for the completion of Phase I Environmental Site Assessments for 200 facilities within 30 days in Florida in
accordance with ASTM 1S27-94 through 99. When needed' Phase || ESAs were used to develop remediation cost estimation and
regulatory negotiation strategies.
E���e�7om U��r�gr�mn ���m��er, ��mnpU��mce ����om�� Enw�r�mmnem�a� ��mn�R�noe �m���r� �r��r�nn, �0M�
Conducted under attorney-client privilege for global customer. Mr. Campbell was responsible for the management ofover 140
personnel with field deployment and auditing of941facilities tocheck on the compliance to local to federal lows. Completed
this project in7 months.
Enw�rc�mmnem'aX ���r�7m���r, �m�e� ��a�es ���t�X �erw��e,���e�t�s�n� �e��-���e� ��7m��mrweV��f���
Responsibilities included oversight of staff in the process of site inspection and completion of final report on findings for
submittal tothe client.
c�f�meX ��m��nn�m���om, �meXTernn�m�X,�r�m� ���nn�m, �r�t��hV�est Um�7e�,Te��o���r���e�m,
�00�
Directed the project,teamed with engineers in the design, and permitting for the installation of a soil and groundwater remedial
system. Groundwater treatment involved collection trench and recovery well combined technology and SOO gallons per minute
pumping capacity.The project used the high flow recovery well for hydraulic control of liquid-phase hydrocarbons lens adjacent
to the reef near Georgetown, Grand Cayman.The project also included the recovery ofliquid-phase hydrocarbons from monitor
wells.
em'""m�J �Ienne�����om, �egroUe�nn�n� S nor"; S c�nn�s; L,'S\�, �00�
Project Manager responsible for remedial action atretail petroleum site on St.Thomas, US Virgin Islands. Project involved
Superfund cleanup of solvents through pump and treat, dual-phase extraction and hydraulic oil cleanup through soil excavation.
Project also involves, bio-sparging of groundwater with oxygen enriched air and soil vapor extraction.
�00�
Hearing conservation study at United States Postal Service facilities in South Florida to allow USPS to determine worker
exposure and personal protection requirements as per OSHA.
APTuxx |PROPRIETARY uCONFIDENTIAL NEIL CAMPBELL | z
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Page 589Of670
8.C.
PUBLIC HEARING
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Ordinance No. 20-002 - Second 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. (The applicant has requested to continue this
agenda item to the May 19, 2020 Commission Meeting.)
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 590 of 670
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
Ordinance Ordinance approving Boynton Mall Rezoning
Staff Report Staff report
Location Map EHIBITAI, BB MALL Ownership
Location Map E HIBITA2. BB KAALLAerial
Location Map EXHIBIT B. BB MALL Current FLU
Location Map EXHIBIT C. BB MALL Current Zoning
Location Map EXHIBIT D. BB MALL Proposed Zoning
Page 591 of 670
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
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Page 592 of 670
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 593 of 670
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 594 of 670
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 595 of 670
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 596 of 670
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
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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
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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 599 of 670
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 600 of 670
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
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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 602 of 670
EXHIBIT Al
BOYNTON BEACH MALL LOCATION MAP
OWNERSHIP OF PROPERTIES
ii
-------------
CHRIST ISTAR
FELLOWSHIP
N
Boynton Beach Mall LLC
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MACYS
REGIONAL
ENTERPR.
oy o
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LEGEND w E
mumm City boundary S
0 62
Owners other than Boynton Mall LLC . 25 250 3I 500
t
EXHIBIT A2
BOYNTON BEACH MALL LOCATION MAP
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EXHIBIT B
BOYNTON BEACH MALL FLU SCLASSIFICATION
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LEGEND: FLU classifications
MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre
N
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DEVELOPMENT OF REGIONAL IMPACT(DRI) WE
_,`, ` LOCAL RETAIL COMMERCIAL(LRC) S
OFFICE COMMERCIAL(OC) 0 80160 320 480 640
RECREATIONAL(R) 91pat
EXHIBIT C
BOYNTON BEACH MALL CURRENT ZONING
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LEGEND: ZONING DISTRICTS
nPUD Planned Unit Development
C1 Office Professional N
a ,t
,;l,kr,tt'y C3 Community Commercial E
PCD Planned Commercial Development s
SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640���t
REC Recreation
EXHIBIT D
BOYNTON BEACH MALL PROPOSED ZONING
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LEGEND: ZONING DISTRICTS
nPUD Planned Unit Development
C1 Office Professional N
rr
„1ofr,'�trr C3 Community Commercial E
PCD Planned Commercial Development s
SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640���t
REC Recreation
8.D.
PUBLIC HEARING
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
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. (This
agenda item has been continued to the May 19, 2020 Commission Meeting.)
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.
Page 608 of 670
• 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).
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 E7ibit A-1: Ownership Map
Location Map E7ibit A-2: Location Map
Letter ExIiibit B: Justification Statement
Drawings E7ibit C: Project Plans
Conditions of Approval E7ibit D: Conditions of Approval
Development Order Development Order
Page 609 of 670
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 610 of 670
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 611 of 670
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 612 of 670
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 613 of 670
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 614 of 670
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 615 of 670
EXHIBIT Al
BOYNTON BEACH MALL LOCATION MAP
OWNERSHIP OF PROPERTIES
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DUNAY
Gary Dunay Ete Zachariade<s
Bennie MiskeL Matthew H.Scott
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Hope CaLhOUn Lauren G.Odom
BACKMANLLP Dwayne Dickerson Zach Davits 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:
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17
MAP LEGEND
Mall Property
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14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn
Page 618 of 670
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 619 of 670
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 620 of 670
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 621 of 670
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 622 of 670
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 623 of 670
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 624 of 670
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 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. 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 625 of 670
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 626 of 670
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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 633 of 670
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 634 of 670
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 635 of 670
11.A.
NEW BUSINESS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Resolution No. R20-039- Authorize the Mayor to sign an
I nterlocal Agreement between the City of Boynton Beach and the City of Delray Beach to share the
engineering design cost to rehabilitate Gulfstream Boulevard (SE 36th Avenue).
Explanation of Request:
Gulfstream Blvd (SE 36th Avenue) has reached the end of its useful life and is in need of replacement. In
addition, half of roadway is outside the City limits and located in the City of Delray Beach. See Project
Location Map.
As part of the Engineering Division's due diligence staff reached out to the City of Delray Beach to inquire on
the possibility of initiating a joint design project and future construction project.
Based on those meetings the City is now ready to enter into an interlocal agreement with the City of Delray
Beach (see attachment) for the purpose of jointly funding an Engineering Consultant to design the
replacement of Gulfstream Boulevard (SE 36th Ave)from Seacrest Blvd to the FEC Right-of-way.
By funding the joint design of the project both Cities will realize cost savings and efficiencies gained by
collaborating on the road's rehabilitation.
The agreement between the municipalities specifies the City of Boynton Beach will be reimbursed by the City
of Delray Beach in an amount not to exceed $250,000, which is their pro rata share of the total not to
exceed engineering design costs of$500,000.
How will this affect city programs or services? Keeping the City's roads and bridges in a state of good
repair contributes to a robust economy and favorably impacts the quality of life of all residents.
Fiscal Impact:
The City's portion of the design project is scheduled to be funded from fiscal year 20/21 capital budget
(Surtax).
Alternatives:
Postpone the project to a future fiscal year or reject the ILA and fund the entire portion within the City's
limits without participation by the City of Delray Beach.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Page 636 of 670
Climate Action Discussion:
Is this a grant?
Grant Amount:
ATTACHMENTS:
Type Description
Resolution approving ILA with Delray for cost
D Resolution sharing of engineering design of Gulfstream
Boulevard
D Agreement ILA with Delray Beach for design of SE 36th
Avenue
D Attachment Project Location I\Aap
Page 637 of 670
I RESOLUTION NO. R20-
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 OF BOYNTON BEACH AND THE CITY OF DELRAY BEACH TO
6 SHARE THE ENGINEERING DESIGN COST TO
7 REHABILITATE GULFSTREAM BOULEVARD (AKA SE 36TH
8 AVENUE); AND PROVIDING AN EFFECTIVE DATE.
9 WHEREAS, City staff has determined that Gulfstream Boulevard (SE 36th Avenue) is
10 in need of replacement; and
II WHEREAS, half of the roadway is outside the City limits and located in the City of
12 Delray Beach and therefore staff reached out to the City of Delray Beach to inquire on the
13 possibility of initiating a joint design project and future construction project; and
14 WHEREAS, the By funding the joint design of the project both Cities will realize cost
15 savings and efficiencies gained by collaborating on the road's rehabilitation; and
16 WHEREAS, the agreement between the municipalities specifies the City of Boynton
17 Beach will be reimbursed by the City of Delray Beach in an amount not to exceed $250,000,
18 which is their pro rata share of the total not to exceed engineering design costs of$500,000;
19 and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve and
22 authorize the Mayor to sign an Interlocal Agreement with the City of Delray Beach to share the
23 engineering design cost to rehabilitate Gulfstream Boulevard(aka SE 36th Avenue).
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\ILA With Delray For Cost Sharing For SE 36th Avenue-Reso.Docx
Page 638 of 670
26 Section 1. Each Whereas clause set forth above is true and correct and incorporated
27 herein by this reference.
28 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
29 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
30 Beach and the City of Delray Beach to share the engineering design cost to rehabilitate
31 Gulfstream Boulevard (aka SE 36th Avenue) in an amount not to exceed $250,000.00 which is
32 Delray Beach's pro rata share of the total not to exceed engineering design costs
33 of$500,000.00, a copy of the Interlocal Agreement is attached hereto as Exhibit"A".
34 Section 3. That this Resolution shall become effective immediately upon passage.
35 PASSED AND ADOPTED this day of May, 2020.
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor— Steven B. Grant
41
42 Vice Mayor—Ty Penserga
43
44 Commissioner—Justin Katz
45
46 Commissioner—Woodrow L. Hay
47
48 Commissioner— Christina L. Romelus
49
50 VOTE
51 ATTEST:
52
53
54
55 Crystal Gibson, MMC
56 City Clerk
57
58
59 (Corporate Seal)
60
S:\CA\RESO\Agreements\ILA With Delray For Cost Sharing For SE 36th Avenue-Reso.Docx
Page 639 of 670
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND
THE CITY OF DELRAY BEACH
(ENGINEERING DESIGN OF SE 36TH AVE)
THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and
entered into , 20 , by and between the City of
Boynton Beach, a Florida municipal corporation (hereinafter "Boynton Beach"),
and the City of Delray Beach, a Florida municipal corporation (hereinafter
"Delray Beach") collectively (the "Parties") or individually (a "Party").
WITNESSETH:
WHEREAS, the Parties are authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes
(hereinafter the "Act") to make efficient use of their respective powers, resources,
authority and capabilities by enabling them to cooperate on the basis of mutual
advantage and thereby provide the facilities and efforts identified herein in the
manner that will best utilize existing resources, powers and authority available to
each of them; and
WHEREAS, it is the purpose of the Act to provide a means by which the
Parties may exercise their respective powers, privileges and authority which they
may separately, but which pursuant to this Interlocal Agreement and the Act they
may exercise collectively; and
WHEREAS, the Parties have common interests in the rehabilitation of SE
36th Ave; and
WHEREAS, the eastbound lane of SE 36th Ave resides in Delray Beach,
the westbound lane of SE 36th Ave resides in Boynton Beach, and the median
between the lanes of SE 36th Ave is one half (1/2) owned and maintained by
each Party; and
WHEREAS, there are cost savings and efficiencies gained by the Parties
collaborating on the rehabilitation which serves both a municipal and public
purpose; and
NOW, THEREFORE, the Parties express their mutual understandings and
commitments as follows-
Section 1. STATEMENT OF PURPOSE
The purpose of this Interlocal Agreement is to establish an agreement
between the Parties in order to allocate each party's pro rata share of expenses
100367898.5 306-90018211
Page 640 of 670
for the engineering design of the rehabilitation of SE 36th Ave from Seacrest Blvd.
eastward to FEC Railroad Track ("Project"). This Agreement solely pertains to
the engineering design expenses including engineering expenses related to
geotechnical, environmental, and surveying services, and does not cover any
construction expenses ("Engineering Expenses").
Section 2. COST SHARING AND PROCUREMENT OF THE PROJECT
2.1 In consideration of Boynton Beach issuing a Request for
Qualifications for the engineering design of the Project, and
entering into a contract with the selected engineer for the Project
("Selected Engineer"), Delray Beach shall pay to Boynton Beach its
pro rata share of Engineering Expenses, which shall consist of all
the Project Engineering Expenses associated with Delray Beach's
right-of-way or any other real property owned by Delray Beach.
2.2 The Project Engineering Expenses shall be shared pro rata
between the Parties, however, the elements of the design specific
to each Party's property, if any, shall be paid for by the respective
Party.
2.3 Each Party's share of Engineering Expenses, as provided
herein, shall not exceed Two Hundred and Fifty Thousand and
00/100 Dollars ($250,000.00). In the event the Selected Engineer's
proposal exceeds Five Hundred Thousand and 00/100 Dollars
($500,000.00), the Parties will mutually agree to remove certain
items from the scope of services, or negotiate with the second
place engineer, according to the Project's request for proposals.
2.4 Delray Beach shall make payments to Boynton Beach within 30
days of receipt of an invoice related to Delray Beach's pro rata
share of the Project Engineering Expenses.
2.5 Boynton Beach shall invite a representative of Delray Beach's
engineering staff to serve on the procurement evaluation and
selection panel for the engineering design of the Project, and once
selected, Delray Beach shall participate in the process between
Boynton Beach and the Selected Engineer in negotiation of a
contract for the Project.
2.6 The Parties shall work together to conduct public meetings,
which will allow the public of both Boynton Beach and Delray Beach
to express any concerns related to the Project.
100367898.5 306-90018211
Page 641 of 670
2.7 Once Boynton Beach enters into a contract with the Selected
Engineer for the Project, Delray Beach shall not be able to withdraw
payment of its pro rata share of Engineering Expenses to be
payable to Boynton Beach, as provided herein.
Section 3. PUBLIC RECORDS
The Parties are public agencies subject to Chapter 119, Fla. Stat. The
Parties shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, the Parties agrees to-
3.1 Keep and maintain all records that ordinarily and necessarily
would be required by the Parties.
3.2 Provide the public with access to public records on the same
terms and conditions that the Parties would provide for the records
and at a cost that does not exceed the costs provided in Chapter
119, Fla. Stat. or as otherwise provided by law.
3.3 Ensure that public records that are exempt or confidential
and exempt from public records disclosure are not disclosed
except as authorized by law.
3.4 Meet all requirements for retaining public records and
transfer, at no cost, to the Parties all records in possession of the
Parties at the termination of this Agreement and destroy any public
records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically
must be provided to the Parties in a format that is compatible with
the information technology systems of the Parties. All records shall
be transferred to the Parties prior to final payment being made to
the Parties.
3.5 If either Party does not comply with this section, the non-
breaching Party shall enforce the Agreement provisions in
accordance with this Agreement and may unilaterally cancel this
Agreement in accordance with state law.
Section 4. REMEDIES
Both Parties shall have any and all remedies as permitted by law. The
Parties agree, however, to provide for positive dialogue and communications if
disputes or disagreements arise as to the application or interpretation of the
Interlocal Agreement provisions.
Section 5. DURATION AND TERMINATION
100367898.5 306-90018211
Page 642 of 670
5.1 This Interlocal Agreement shall become effective upon being
executed by both Parties.
5.2 This Interlocal Agreement shall remain in effect until the
Project is completed and Delray Beach pays Boynton Beach for the
final invoice related to the Project. This Agreement may be
terminated by written mutual consent executed by both Parties.
Section 6. GOVERNING LAW/ VENUE / WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Florida. Any legal
action to enforce the Agreement will be filed in Palm Beach County. In any
litigation brought to enforce the terms of this Interlocal Agreement, the Parties
shall bear their own costs and attorney's fees incurred in connection therewith.
BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE
ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT.
Section 7. LIABILITY AND INDEMNITY
7.1. Each Party shall be liable for its own actions and negligence
and, to the extent permitted by law, the Parties and their respective
officers and employees shall not be deemed to assume any liability
for the acts, omissions and negligence of the other. Nothing herein
shall constitute, or be construed as, a waiver of sovereign immunity
beyond the limits set forth in Florida Statute, Section 768.28, or of
any defense available to the Parties as set forth in Florida Statutes,
Section 768.28 or any other provisions of Florida law.
7.2 This section shall survive the termination or expiration of this
Agreement.
Section 8. AMENDMENT OF THIS AGREEMENT
Amendments to this Interlocal Agreement shall be made by written
consent of both Parties.
Section 9. EXECUTION OF AGREEMENT
This Agreement shall be executed by the Parties' authorized
representatives pursuant to an appropriate resolution of the respective local
governmental unit. Each Party shall be bound to the terms of this Interlocal
Agreement as of the date it is signed by both Parties.
Section 10. SEVERABILITY
100367898.5 306-90018211
Page 643 of 670
The invalidity, illegality, or unenforceability of any provision of this
Interlocal Agreement, or the occurrence of any event rendering any portion or
provision of this Agreement void or voidable, shall in no way affect the validity or
enforceability of any other portion or provision of the Interlocal Agreement. Any
void or voidable provision shall be deemed severed from the Interlocal
Agreement and the balance of the Interlocal Agreement shall be construed and
enforced as if the Interlocal Agreement did not contain the particular portion or
provision held to be void. The Parties further agree to reform the Interlocal
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent the entire Interlocal Agreement from being held void
should a provision which is of the essence of the Interlocal Agreement be
determined to be void by a court of competent jurisdiction.
Section 11. NOTICES
11.1 Any notice given pursuant to the terms of this Agreement
shall be in writing and done by Certified Mail, Return Receipt
Requested. The effective date of such notice shall be the date of
receipt, as evidenced by the Return Receipt. All notices shall be
addressed to the following-
As to City of Boynton Beach- Attn: City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
As to City of Delray Beach- Attn: City Manager
City of Delray Beach
100 NW 1St Avenue
Delray Beach, FL 33444
11.2 Notices shall be effective when delivered to the address
specified above. Changes in the respective addresses to which
such notice may be directed may be made from time to time by any
Party by written notice to the other Party. Facsimile and email are
acceptable notice effective when received, however, facsimiles and
emails received (i.e. printed) after 5.00 p.m. or on weekends or
holidays, will be deemed received on the next business day. The
original of the notice must additionally be mailed as required herein.
Section 12: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County.
100367898.5 306-90018211
Page 644 of 670
Section 13: FORCE MAJEURE
Any Party delayed by a Force Majeure Event, as defined herein, in
performing under this Interlocal Agreement shall use reasonable efforts to
remedy the cause or causes of such Force Majeure Event. A delay due to a
Force Majeure Event shall serve to toll the time to perform under this Agreement.
"Force Majeure Event" shall mean any act of God, fire, flood, earthquake,
explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility
service, or labor dispute.
Section 14: CONSTRUCTION
No Party shall be considered the author of this Interlocal Agreement since
the Parties hereto have participated in negotiations and drafting and redrafting of
this document to arrive at a final agreement. Thus, the terms of this Agreement
shall not be strictly construed against one Party as opposed to the other Party
based upon who drafted it. In the event that any section, paragraph, sentence,
clause, or provision hereof is held by a court of competent jurisdiction to be
invalid, such shall not affect the remaining portions of this Agreement and the
same shall remain in full force and effect.
Section 15: NO THIRD PARTY BENEFICIARY
No provision of this Interlocal Agreement is intended to, or shall be
construed to, create any third party beneficiary or to provide any rights to any
person or entity not a party to this Agreement, including but not limited to any
citizen or employees of any Party.
Section 16: NON-DISCRIMINATION
The Parties shall not discriminate on the basis of race, color, sex, religion,
national origin, disability, age, marital status, political affiliation, sexual
orientation, or gender identity and expression in the performance of this
Agreement.
Section 17: ASSIGNMENT
The Parties may not assign this Agreement in whole or in part, without prior
written consent of the other, which may be granted or withheld at the such
Parties' absolute discretion.
Section 18: SEVERABILITY
If any term of the Agreement or the application thereof shall be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder
of the Agreement, other than those as to which it is held invalid or unenforceable,
100367898.5 306-90018211
Page 645 of 670
shall not be affected thereby, and each term of the Agreement shall be valid and
enforceable to the fullest extent permitted by law.
Section 19: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
Section 20: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval by the Parties
and shall become effective only when signed by the Parties. The effective date
shall be the last date that it is executed by the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the date and year first written above.
ATTEST: CITY OF BOYNTON BEACH
By- By-
Name- Steven B. Grant
Title- Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By-
City Attorney
ATTEST: CITY OF DELRAY BEACH
By- By-
Name- Shelly Petrolia
Title- Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY-
By-
City
UFFICIENCY-By- City Attorney
100367898.5 306-90018211
Page 646 of 670
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12.A.
LEGAL
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Proposed Ordinance No. 20-010 - First Reading -Approve
proposed amendments to Chapter 18, Article 111, Municipal Police Officers' Retirement Trust Fund; amending
Sections 18-164, 18-165, 18-169, 18-174, and 18-175.
Explanation of Request:
To accept modifications to the Municipal Police Officers' Retirement Trust as agreed during negotiations of
the PBA Police Officers and Detectives Collective Bargaining Agreement and the PBA Police Sergeants
Collective Bargaining Agreement:
• Use of I PTR extended through November 2021
• Increase in employee contributions each year of agreement
• Provide uniform DROP benefit to employees hired on or after October 1, 2019
• Revisions to normal retirement date and benefit
An Actuarial Impact Statement regarding these pension changes is attached.
How will this affect city programs or services?
Fiscal Impact: Budgeted The actuarial impact summary is attached, which estimates that the required City
contribution begins to steadily decrease at the end of fiscal year 2021 as a result of these pension plan
amendments.
Alternatives:
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
Page 648 of 670
ATTACHMENTS:
Type Description
D Ordinance Ordinance approving Police Pension
amendments
D Addendum Actuarial Impact Summary
Page 649 of 670
1
2 ORDINANCE 20-
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH FLORIDA
5 AMENDING ARTICLE III OF CHAPTER 18 OF THE BOYNTON
6 BEACH CODE OF ORDINANCES ENTITLED MUNICIPAL POLICE
7 OFFICERS' RETIREMENT TRUST FUND AMENDING SECTION
8 18-164 TO PROVIDE FOR MUTUAL CONSENT REGARDING USE
9 OF THE 185 MONEY AND AN INCREASE IN THE MEMBER
10 CONTRIBUTIONS; AMENDING SECTION 18-165 DEFINITION OF
11 BENEFICIARY TO ALLOW FOR PAYMENT OF LUMP SUM
12 BENEFITS TO A TRUST; AMENDING SECTION 18-169 TO ADD A
13 NEW NORMAL RETIREMENT BENEFIT FOR POLICE OFFICERS
14 HIRED AFTER OCTOBER 1, 2019 AND ADD A MAXIMUM
15 PENSION BENEFIT;AMENDING SECTION 18-169(e)TO REFLECT
16 THE NEW BENEFIT FOR POLICE OFFICERS HIRED AFTER
17 OCTOBER 1, 2019; AMENDING SECTION 18-174 TO COMPLY
18 WITH THE NEW FEDERAL SECURE ACT; AMENDING SECTION
19 18-175 DEFERRED RETIREMENT OPTION PLAN TO PROVIDE
20 THAT MEMBERS HIRED AFTER OCTOBER 1, 2019 WILL ARE
21 SUBJECT TO SECTION 18-300 OF THE CITY CODE FOR THE
22 TERMS OF THE DROP PLAN AND TO PROVIDE THE PROCESS
23 FOR DISTRIBUTION OF THE DROP IN THE EVENT OF DEATH
24 OF THE DROP PARTICIPANT WITH A BALANCE IN THE
25 ACCOUNT AND ESTABLISHING A PRIORITY DISTRIBUTION IN
26 THE EVENT THERE IS NO DESIGNATED BENEFICIARY;
27 PROVIDING FOR CODIFICATION CONFLICT, SEVERABILITY,
28 AND AN EFFECTIVE DATE.
29
30 WHEREAS, the City and the Palm Beach County Police Benevolent Association
31 ("Union")have agreed in collective bargaining to make certain changes to the Pension Benefits
32 provided to the Police Officer members of the Pension Plan;
33 WHEREAS, the City and the Union have agreed in collective bargaining to a change
34 to the DROP plan which is effective for members hired on or after October 1, 2019;
35 WHEREAS the City Commission of the City of Boynton Beach Florida desires to so
36 amend the Boynton Beach Police Officers Pension Fund.
37 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
38 CITY OF BOYNTON BEACH FLORIDA
39
Page 650 of 670
40 Section 1. The foregoing WHEREAS clauses are hereby certified as being true and
41 correct and are incorporated herein by this reference.
42
43 Section 2. Section 18-164(b) of Article III of Chapter 18 of the Boynton Beach
44 Code of Ordinances is hereby amended as follows:
45
46 Sec. 18-164. Creation and maintenance of fund and retirement system.
47
48
49
50 (b) The fund shall be maintained in the following manner:
51
52 (1) By payment to the fund of the net proceeds of the .85% excise tax which is
53 imposed by the City of Boynton Beach upon certain casualty insurance companies on
54 their gross receipts of premiums from holders of policies,which policies cover property
55 within the corporate limits of the City of Boynton Beach as authorized in F.S. Chapter
56 185, amended. These amounts are to be deposited with the Board of Trustees within
57 five days of receipt by the municipality. F.S. Ch. 185. 1*November of 2017
58 and n in November of 2021 2018 only, $30,000.00 of each year's distribution of
59 the insurance premium excise tax provided for in this subsection will be used by the
60 City to offset the unfunded actuarial liability of the Fund. The remainder of the
61 insurance premium excise tax received each year F-tt*ds will be used as set forth in
62 Section 18-169(f) of the Plan, which provides for a supplemental benefit as defined in
63 Florida Statutes §185.02(22).
64
65 (2) By the payment to the fund of 7% of the salary of each full time police officer
66 duly appointed and enrolled as a member of the City of Boynton Beach Police
67 Department;which 7% shall be picked up,rather than deducted,by the City of Boynton
68 Beach from the compensation due to the Police Officer and paid over to the Board of
69 Trustees of the Boynton Beach Police Officers' Pension Fund on a bi-weekly basis. All
70 pickup contributions shall be treated as employer contributions for the purposes of
71 determining tax treatment under the Internal Revenue Code of 1986, as amended. All
72 such pick up amounts shall be considered as employee contributions for purposes of this
73 plan. The percentage deducted from the police officers' salaries are to be deposited with
74 the Board of Trustees immediately. F.S. Ch.185, Boynton Beach Code of Ordinances
75 Sec. 18-170.
76 a. Effective the first full payroll period after October 1. 2019. the
77 employee contribution will increase to 7.5%.
78 b. Effective the first full payroll period after October 1. 2020. the
79 employee contribution will increase to 8.0%.
80 C. Effective the first full payroll period after October 1. 2021. the
81 employee contribution will increase to 8.5%.
82
83 d. To fund the monthly supplemental benefit provided for in Section
84 18-169(8. effective October 1. 2001, each police officer shall contribute an
85 additional l% of salary through twenty years of service. This contribution
2
Page 651 of 670
86 is nicked un rather than deducted under the provisions of Code section
87 414 h 2
88
89 (3) By all fines and forfeitures imposed and collected from any police officer
90 because of the violation of any rule and regulation adopted by the Board of Trustees.
91 F.S. Ch. 185.
92
93 (4) By mandatory payment at least quarterly by the City of Boynton Beach a sum
94 equal to the normal cost and the amount required to fund any actuarial deficiency shown
95 by an actuarial valuation as provided in F.S. Chapter 112, Part VII. F.S. Ch. 185. On
96 an annual basis, the Board of Trustees will evaluate the actuarial assumptions used.
97
98 (5) By all gifts, bequests, and devises when donated to the fund. F.S. Ch. 185.
99
100 (6) By all accretions to the fund by way of interest or dividends on bank deposits,
101 or otherwise. F.S. Ch. 185.
102
103 (7) By all other sources or income now or hereafter authorized by law for the
104 augmentation of the Boynton Beach Police Officers' Pension Fund. F.S. Ch. 185.
105
106 Section 3. Section 18-165 Definition of Beneficiary of Article III of Chapter 18 of
107 the Boynton Beach Code of Ordinances is hereby amended as follows:
108
109 Sec. 18-165. -Definitions.
110
111 The following words and phrases as used in this article shall have the following meanings:
112
113 ******
114
115 Beneficiary. Any n r 1 person, ' , who is entitled to
116 receive a pension benefit payable from the Boynton Beach Police Officers' Pension Fund
117 upon the death of a member or participant. F.S. Ch. 185. A member's trust may only be a
118 beneficiary of the DROP Account. If there is no named beneficiary eligible to receive
119 the remaining DROP, member refund of contributions, or the remainder of the 10 year
120 certain period, the benefit can be paid to the member's estate.
121
122 Section 4. Section 18-169(a) of Article III of Chapter 18 of the Boynton Beach
123 Code of Ordinances is hereby amended as follows:
124
125 Sec. 18-169. Requirements for retirement-benefit amounts.
126
127 (a) Normal retirement.
128
129 (1) Normal retirement date. The normal retirement date of;
3
Page 652 of 670
130 a. Police Officers hired before October 1, 2019eaeh peliee ^ffi^er will be the
131 first day of the month coinciding with, or next following, the date on which he
132 or she has attained and completed 20 years of credited service, or the first day
133 of the month coinciding with, or next following, the date on which the police
134 officer has attained age 55 and completed ten years of credited service or age
135 50 and completed 15 years of service. In the case of a retirement with twenty
136 (20) years of service, effective January 1, 2017, Normal Retirement Age is the
137 age a police officer has attained when retired at twenty (20)years of service.
138 b- Police Officers hired on and after October 1, 2019 will be the first day of
139 the month coinciding with, or next following. the date on which he or she
140 has attained and completed 25 years of credited service, or the first day of
141 the month coinciding with, or next following, the date on which the police
142 officer has attained aye 55 and completed ten years of credited service. In
143 the case of a retirement with twenty-five (25) years of service. effective
144 October 1. 2019, Normal Retirement Age is the age a police officer has
145 attained when retired at twenty(25) years of service.
146
147 (2) Normal retirement benefit. The normal retirement benefit payable to a police officer
148 who retires on or after the normal retirement date shall be an amount equal to the
149 number of years of his or her credited service multiplied by 3.5% of his or her average
150 final compensation. For all police officers hired
151 on or after October 1, 2015, the 3.5% multiplier provided for in this +I+e paragraph
152 shall be 3.0%. Effective [insert date of passage] for all police officers. the
153 maximum retirement benefit under the normal form of benefit is 85% of average
154 final compensation, provided that in all cases the benefit is at least 2.751/o for
155 each year of service.
156
157
158 Section 5. Section 18-169(e) of Article III of Chapter 18 of the Boynton Beach Code of
159 Ordinances is hereby amended as follows:
160
161 (e) Separation from service.
162
163 (1) The vesting period for members hired on or after October 1, 2016, is ten years. The
164 vesting period for members who were hired before October 1, 2016, and terminated
165 after October 1, 2020, is five years of service. If a member leaves the service of the
166 city before vesting, such member shall be entitled to a refund of all of his or her
167 contributions made to the fund, without interest.
168 (2) Benefit commencement date for ten-year vesting.
169 Police Officers hired before October 1. 2019 and on or after October 1.
170 2016: If any member who had been in the service of the city for at least ten years
171 elects to leave his or her accrued contributions in the fund, such police officer
4
Page 653 of 670
172 upon attaining age 50 years or more (without reaching what would have been 20
173 years of service had he or she not terminated his or her employment)may receive
174 an early retirement benefit at the actuarial equivalent of the amount of such
175 retirement income otherwise payable to him or her at early retirement or upon
176 attaining what would have been normal retirement had he or she not terminated
177 his employment, such police officer may receive his or her accrued normal
178 retirement benefit.
179 b, Police Officers hired on or after October 1, 2019: If any member who had
180 been in the service of the city for at least ten years elects to leave his or her
181 accrued contributions in the fund, such police officer upon attaining age 50
182 years or more (without reaching what would have been 25 years of service
183 had he or she not terminated his or her employment) may receive an early
184 retirement benefit at the actuarial equivalent of the amount of such
185 retirement income otherwise payable to him or her at early retirement or
186 upon attaining what would have been normal retirement had he or she not
187 terminated his employment, such police officer may receive his or her
188 accrued normal retirement benefit.
189
190 (3) Benefit commencement date for five year vesting. If any member who had been in the
191 service of the city for at least five years elects to leave his or her accrued contributions in the
192 fund, the police officer upon attaining age 55 with ten or more years of service (had he or she
193 not terminated employment) or reaching what would have been 20 years of service (had he or
194 she not terminated his or her employment), may receive the accrued normal retirement
195 benefit. The member may receive the benefits payable in the normal form or any option
196 available under Section 18-170.
197
198
199 Section 6. Section 18-174 of Article III of Chapter 18 of the City of Boynton Beach
200 Code is amended as follows:
201
202 Sec. 18-174. Miscellaneous.
203 ****
204 (f) Required distributions.
205 (1) In accordance with section 401(a)(9) of the Internal Revenue Code, all benefits
206 under this plan will be distributed, beginning not later than the required beginning
207 date set forth below, over a period not extending beyond the life expectancy of the
208 member or the life expectancy of the member and a beneficiary.
209
210 (2) Any and all benefit payments shall begin by the later of:
211 a. April 1 of the calendar year following the calendar year of the member's retirement
212 date; or
213 b. April 1 of the calendar year following the calendar year in which the member attains
214 age 72, provided the member has not reached age 70.5 by December 31, 2019.
215
5
Page 654 of 670
216 (3) If an employee dies before his or her entire vested interest has been distributed to him
217 or her, the remaining portion of such interest will be distributed at least as rapidly as provided
218 for under this plan.
219
220
221 Section 7. Subsections 18-175(a) and (1) of Article III of Chapter 18 of the City of
222 Boynton Beach Code is amended as follows:
223
224 Sec. 18-175. Deferred retirement option plan
225 (a) A deferred retirement option plan ("DROP")is hereby created.
226 (1) Members hired on and before September 30,2019 who elect to participate
227 in the DROP are subiect to the DROP terms as provided for in this Section
228 18-175.
229 (2) Members hired on and after October 1, 2019 who elect to participate in
230 the DROP are subiect to the DROP terms as provided for in Section 18-
231 300 of the City of Boynton Beach Code.
232
233
234 (1) Death benefits If an employee shall die during participation in the DROP, a
235 survivor benefit shall be payable in accordance with the form of benefit chosen
236 at the time of entry into the DROP.
237 1) If a DROP Participant dies with a DROP balance in the Pension
238 Fund, then the entire balance of the DROP account shall be converted to
239 1he name of the beneficiary, designated on a form provided by the board
240 of trustees.
241 a. If the designated beneficiary is the surviving spouse. the
242 account may remain niAh the fund until the latest period specified
243 under Internal Revenue Code Section 401(a)(9) and the regulations
244 thereunder.
245 b. If the designated beneficiary is a non-spouse beneficiary.
246 then the distribution must be made within 5 years of the DROP
247 participant's death.
248 C. If the beneficiary is a trust or the DROP participant's
249 estate,the balance must be paid out of the Fund in a lump sum.
250
251 211f a DROP Participant fails to designate a beneficiary. or if the
252 beneficiary predeceases the DROP Participant, the entire balance shall be
253 converted,in the following order, to the name or names of:
254
255 a. The DROP Participant's surviving children on a pro rata basis:
256 b. If no children are alive. the DROP Participant's spouse:
257 c. If no spouse is alive. the DROP Participant's surviving parents on a
258 pro rata basis: or
6
Page 655 of 670
259 d. If none are alive, the estate of the DROP Participant. The accounts
260 which are converted to the names of the beneficiaries shall have the
261 right to name a successor beneficiary. This option is not available to
262 a trust.
263
264
265 [THE REMAINDER OF SECTION 18-175 IS UNCHANGED]
266
267 Section 8. It is the intention of the City Commission of the City of Boynton Beach
268 that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances
269 of the City of Boynton Beach Florida The Sections of this ordinance may be renumbered re-
270 lettered and the word Ordinance may be changed to Section Article or such other word or phrase
271 in order to accomplish such intention.
272
273 Section 9. All Ordinances or parts of Ordinances Resolutions or parts of Resolutions in
274 conflict herewith be and the same are hereby repealed to the extent of such conflict. If any
275 clause section or other part or application of this Ordinance shall be held by any court of
276 competent jurisdiction to be unconstitutional or invalid such unconstitutional or invalid part or
277 application shall be considered as eliminated and so not effecting the validity of the remaining
278 portions or applications remaining in full force and effect.
279
280 Section 10. This Ordinance shall take effect when the following conditions precedent
281 to the adoption of this Ordinance have occurred.
282 (a) the City Commission has received and has accepted a report establishing the actuarial
283 soundness of these amendments or a letter of opinion from the Plan Actuary that the amendment
284 has no actuarial impact; and
285
286 (b) the Ordinance and impact statement have been sent to the State of Florida Division of
287 Retirement.
288
289
290 FIRST READING THIS DAY OF , 2020.
291
7
Page 656 of 670
292
293 SECOND,FINAL READING and PASSAGE THIS DAY OF ,
294 2020.
295
296 CITY OF BOYNTON BEACH, FLORIDA
297
298 YES NO
299
300 Mayor— Steven B. Grant
301
302 Vice-Mayor—Ty Penserga
303
304 Commissioner—Justin Katz
305
306 Commissioner—Woodrow L. Hay
307
308 Commissioner— Christina L. Romelus
309
310
311 VOTE
312 ATTEST:
313
314
315
316 Crystal Gibson, MMC
317 City Clerk
318
319
320 (Corporate Seal)
321
322
8
Page 657 of 670
9 527§f 954-'525.0083
GRS
February 25, 2020
Mr. Louis M. Penque
Plan Administrator
Boynton Beach Municipal Police Officers' Retirement Fund
2100 N. Florida Mango Road
West Palm Beach, FL 33409
Re: City of Boynton Beach Municipal Police Officers' Retirement Fund
Actuarial Impact Statement
Dear Louis:
As requested we have prepared the enclosed Actuarial Impact Statement for the proposed ordinance
that would amend the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan) as
follows:
• Beginning November 2019 and ending November 2021, $30,000 of each year's distribution of
insurance premium excise tax dollars will be used to offset the Unfunded Actuarial Liability of the Plan.
• The Member Contribution rate towards the base Pension Benefit for all employees will increase from
7.0%of Compensation to:
0 7.5%of Compensation beginning October 1, 2019;
0 8.0%of Compensation beginning October 1, 2020;
0 8.5%of Compensation beginning October 1, 2021.
• The Normal Retirement Date for Police Officers hired on or after October 1, 2019 will be the first day of
the month after attaining the earlier of:
o Age 55 and 10 years of credited service, or
0 25 years of credited service regardless of age
• Police Officers hired on or after October 1, 2019 are vested once they reach 10 years of Credited
Service. Upon attaining 50 years of age or what would have been 25 years of Credited Service had the
police officer remained employed, a member may commence his or her deferred,vested benefit. If the
member chooses to commence benefits at age 50,the benefit will be the actuarial equivalent of the
amount that would have been payable under Early Retirement or Normal Retirement.
• The maximum retirement benefit for all Police Officers under the normal form of benefit will be 85% of
average final compensation, provided that in all cases,the benefit will be at least 2.75%of average final
compensation for each year of service.
• Members who are hired on or after October 1, 2019 must enter DROP within 30 days of reaching the
latest Normal Retirement Date.
• Only Police officers hired before October 1, 2019 may have multiple methods of DROP interest
accumulation to choose from. For Police Officers hired on or after October 1, 2019, DROP balances will
r
Mr. Louis M. Penque, Plan Administrator
February 25, 2020
Page 2
be credited with earnings with a minimum annual interest credit of 0% and a maximum annual interest
credit of 8%, depending on the net rate (earnings less costs) earned by the Plan.
• For members hired on or after October 1, 2019, upon termination of employment, participants in the
DROP will receive the balance of the DROP. Installments and partial lump sums are no longer
permitted.
Because most of these changes affect future members (hired on or after October 1, 2019), and because
the increase in member contributions begins in fiscal year 2020, this Ordinance will not change the
results of our October 1, 2018 Actuarial Valuation. The changes in the member contribution rate will
affect the October 1, 2019 valuation results, but that valuation has not yet been completed. Therefore,
we have illustrated the future actuarial impact of this Ordinance with projections. Please see the
attached exhibits, showing projections of the future cost impact of the proposed Plan changes over the
next 30 years.
Throughout the projection period, new members are assumed to be hired each year to replace the
active members who are expected to leave employment. New employees are assumed to have the
same average demographic characteristics (age, gender and salary—adjusted each year for inflation) at
their dates of employment as those of current active members. All members who were not eligible for
normal retirement as of October 1, 2019 are assumed to retire no later than the date they attain their
maximum benefit of 85%of average final compensation.
We recommend that you send a copy of this letter and the ordinance to the Bureau of Local Retirement
Systems.
Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution
The determination of the accrued liability and the actuarially determined contribution requires the use of
assumptions regarding future economic and demographic experience. Risk measures are intended to aid in
the understanding of the effects of future experience differing from the assumptions used in the course of
the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued
liability and the actuarially determined contribution that result from the differences between actual
experience and the actuarial assumptions.
Future actuarial measurements may differ significantly from the current measurements presented in this
letter due to such factors as the following: Plan experience differing from that anticipated by the economic
or demographic assumptions; changes in economic or demographic assumptions due to changing
conditions; increases or decreases expected as part of the natural operation of the methodology used for
these measurements (such as the end of an amortization period, or additional cost or contribution
requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The
scope of an actuarial valuation does not include an analysis of the potential range of such future
measurements.
Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial
Mr. Louis M. Penque, Plan Administrator
February 25, 2020
Page 3
condition include:
1. Investment risk—actual investment returns may differ from the either assumed or forecasted
returns;
2. Contribution risk—actual contributions may differ from expected future contributions. For example,
actual contributions may not be made in accordance with the Plan's funding policy or material
changes may occur in the anticipated number of covered employees, covered payroll, or other
relevant contribution base;
3. Salary and Payroll risk—actual salaries and total payroll may differ from expected, resulting in actual
future accrued liability and contributions differing from expected;
4. Longevity risk—members may live longer or shorter than expected and receive pensions for a period
of time other than assumed;
5. Other demographic risks—members may terminate, retire or become disabled at times or with
benefits other than assumed resulting in actual future accrued liability and contributions differing
from expected.
The effects of certain trends in experience can generally be anticipated. For example, if the investment
return is less (or more)than the assumed rate,the cost of the Plan can be expected to increase (or
decrease). Likewise if longevity is improving (or worsening), increases (or decreases) in cost can be
anticipated.
The computed contribution amounts may be considered as a minimum contribution that complies with the
pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined
contributions is critical to support the financial health of the Plan. Users of this letter should be aware that
contributions made at the actuarially determined rate do not necessarily guarantee benefit security.
Risk Assessment
Risk assessment was outside the scope of this actuarial impact statement. Risk assessment may include
scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of
accrued benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform
such assessment to aid in the decision making process.
Disclosures and Qualifications
This actuarial impact statement was prepared at the request of the Board of Trustees and is intended
for use by the Board and those designated or approved by the Board. This actuarial impact statement
may be provided to parties other than the Board only in its entirety and only with the permission of the
Board.
Mr. Louis M. Penque, Plan Administrator
February 25, 2020
Page 4
The purpose of this actuarial impact statement is to describe the financial effect of the proposed
changes to pension plan benefit provisions. This letter should not be relied on for any purpose other
than the purpose described.
The calculations in this letter are based upon information furnished by the Plan Administrator for the
October 1, 2018 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan
provisions and active members, terminated members, retirees and beneficiaries. We reviewed this
information for internal and year-to-year consistency, but did not audit the data. We are not
responsible for the accuracy or completeness of the information provided by the City or the Plan
Administrator.
For additional information regarding the assumptions or benefits used in this actuarial impact
statement please see the "Actuarial Assumptions and Cost Method" and "Summary of Plan Provisions'
sections of the October 1, 2018 Actuarial Valuation Report.
The calculations are based upon assumptions regarding future events, which may or may not
materialize.They are also based on the assumptions, methods, and plan provisions referenced or
described in this letter. Future actuarial measurements may differ significantly from the current
measurements presented in this letter due to such factors as the following: plan experience differing
from that anticipated by the economic or demographic assumptions; changes in economic or
demographic assumptions; increases or decreases expected as part of the natural operation of the
methodology used for these measurements (such as the end of an amortization period or additional
cost or contribution requirements based on the plan's funded status); and changes in plan provisions or
applicable law. If you have reason to believe that the assumptions that were used are unreasonable,
that the plan provisions are incorrectly described, that important plan provisions relevant to this
proposal are not described, or that conditions have changed since the calculations were made, you
should contact the author of this letter prior to relying on information in the letter.
Peter N. Strong and Jeffrey Amrose are members of the American Academy of Actuaries and meet the
Qualification Standards of the American Academy of Actuaries to render the actuarial opinions
contained herein. They are independent of the plan sponsor.
This actuarial valuation and/or cost determination was prepared and completed by us or under our
direct supervision, and we acknowledge responsibility for the results. To the best of our knowledge,
the results are complete and accurate. In our opinion, the techniques and assumptions used are
reasonable and are based on generally accepted actuarial principles and practices. There is no benefit
or expense to be provided by the Plan and/or paid from the Plan's assets for which liabilities or current
costs have not been established or otherwise taken into account in the valuation. All known events or
trends which may require a material increase in plan costs or required contribution rates have been
considered in the valuation.
Mr. Louis M. Penque, Plan Administrator
February 25, 2020
Page 5
We welcome your questions and comments.
Sincerely yours,
Peter N. Strong, FSA A, MAAA J/nior
rose, EA, MAAA
Senior Consultant and Actuary Sonsultant and Actuary
Enclosures
This communication shall not be construed to provide tax advice, legal advice or investment advice.
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13.A.
FUTURE AGENDA ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Consideration of an ILA between the City and CRA for CRA funding
of the BB Blvd. E)dension Project for $500K. - May 19, 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 665 of 670
13.B.
FUTURE AGENDA ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Request by Mayor Grant to discuss Wellington's home based business
regulations. - May 19, 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 666 of 670
13.C.
FUTURE AGENDA ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Provide update on potential sale of the Nichol's property to Pulte
Homes- 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 667 of 670
13.D.
FUTURE AGENDA ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission:
Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling
program. (This item is tabled while staff continues to communicate with Textile Recycling Program
regarding payment of the franchise fee.)
Explanation of Request:
On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with
FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise,
RFP No. 009- 1210- 18/ IT, for an initial three (3) year term.
The Franchise Agreement was negotiated as a revenue generating Agreement whereby FLSC, LLC., was
to pay to the City a fixed monthly fee of$2,000.00 per bin, or $100,000.00 annually, whichever was greater
for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program.
To date, the City has not received any money based on the Franchise Agreement and staff is recommending
the Agreement with FLSC be terminated.
How will this affect city programs or services?
Fiscal Impact:
Alternatives:
Do not authorize termination of the Franchise Agreement.
Strategic Plan:
Strategic Plan Application:
Climate Action:
Climate Action Discussion:
Is this a grant?
Grant Amount:
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13.E.
FUTURE AGENDA ITEMS
5/5/2020
_ City of Boynton Beach
Agenda Item Request Form
Commission Meeting Date: 5/5/2020
Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Accessory
Dwelling Unit Ordinance- 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:
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